Terms and Conditions for Tour Operator
CONSENT TO TERMS AND CONDITIONS
By booking or participating in a tour and any related products or services with Quinde Travel, LLC., (the Tour Operator”), you (“the client) agree to these Terms & Conditions.
PLEASE READ THE TERMS BEFORE USING THIS WEBSITE. These terms and conditions govern the relationship between Quinde Travel and you, the Client.
- DEFINITIONS AND INTERPRETATION
The headings of the clauses in this Agreement are solely meant to make it convenient for users to refer to the relevant terms, but they shall not mean to interpret, modify, or amplify the terms of this Agreement.
Further, in this Agreement, unless spelt out:
1.1 words implying –
1.1.1 any singular gender means both genders;
1.1.2 natural persons comprises even entities such as corporate or non-corporate, and vice versa.
1.2 the following terms shall have the meanings assigned to them hereunder:
1.2.1 “Agreement” means this Agreement any other that shall be attached to it and together with any of the applicable guidelines mentioned in this agreement.
1.2.2 “ground operator” implies to a company that provides services such vehicles, accommodation bookings, itineraries, guides, sightseeing tours, transfers, and others, to travelers.
1.2.3 “foreign principal” means a company that creates a holiday within a source market.
- TOUR OPERATOR
In this agreement, a Tour Operator is defined as:
A company that is in the business of using its distribution network to sell facilities, makes reservations on behalf of tourists in a foreign place, and oversee the whole tourism process on behalf of clients.
3.1 Quinde Travel, LLC. will expect that:
3.1.1 the client take responsibility to obtain information and to have in the client’s possession all the required documentation and identification required for entry, departure and travel to each country or region- including a valid passport and all travel documents required by the relevant governmental authorities including all visas, permits and certificates (including but not limited to vaccination or medical certificates) and insurance policies. The client must have a passport that is valid 6 months after the last date of travel with the Tour Operator as set out on the client’s itinerary. The client will be responsible for the full amount of costs incurred as a result of missing or defective documentation. The client agrees that they are responsible for the full amount of any loss or expense incurred by the Tour Operator that is a direct result of the client’s failure to secure or be in possession of proper travel documentation. The Tour Operator does not take any responsibility for visas, vaccinations, climate, clothing, baggage, or special equipment and or any errors or omissions that may occur in this regard. Failure to strictly comply with these requirements may result in denied boarding or an undue delay at an airport security checkpoint causing Client to miss flight(s), and subsequent scheduled travel bookings on cruises and tours.
3.1.2 that the client be aware of the social risks that travel inside of Ecuador implies, and the risks that exist in the practice of extreme sport including but not restricted to mountain biking, rafting / tubing, climbing, mountain sports, trekking, camping, rappelling / canopy, horse-riding, snorkeling, diving and any other activity or sport where there is contact with nature. Further, the client should be aware of the risks of injury associated with force majeure or acts of providence such as wars, internal commotion, protests / strikes, terrorism, fire, natural disasters, public authority decisions, or any other extreme circumstances. The client is advised to take precaution and to notify Quinde Travel, LLC and to inform the client’s tour leader, another representative of the Tour Operator or the Tour Operator’s client service department directly in case of a bad incident. Quinde Travel, LLC. will NOT be responsible for providing information or guidance with respect to local customs, weather conditions, specific safety concerns, physical challenges or laws in effect in any locations and will also not accept any responsibility for loss, injury or damage to person or property for any of the above causes.
3.1.3 the client should be aware that there are no sophisticated medical facilities on our itineraries or locations to which the Tour Operator travels. Our tours are intended for persons in reasonably good health and with full mobility. Passengers who are not fit for long trips for any reason, including mobility issues, disability, pregnancy, heart or other health condition are advised not to join the tour, which would entail an unreasonable risk to the client’s health and to the enjoyment of all those aboard. Should any such condition become apparent, the Tour Operator reserves the right to decline or accept or retain the client and any other passenger at any time before or during the trip. Expenses, including cancellation fees and/or costs for alternate travel plans or to return home, will necessarily be borne by the passenger. The Tour Operator reserves the right to deny the client permission to travel or participate in any aspect of a Tour at any time and at the client’s own risk and expense where the Tour Operator determines that the client’s physical or mental condition renders the client unfit for travel or client represents a danger to themselves or others.
3.1.4 tour participants requiring any form of assistance, including travelers with physical disabilities, sight, hearing or mobility impairments must be accompanied by an individual responsible for providing those services. Tour managers, guides, drivers or other tour, hotel, transfer or ship personnel are not able to provide such assistance. Quinde Travel tours are fast-paced, often requiring lengthy walks over uneven terrain. In the interests of group harmony, clients should be able to maintain the pace of the tour.
3.1.5 any special requirements must be disclosed to the Tour Operator at the time of booking. The Tour Operator will use reasonable efforts to accommodate special requirements or requests, but this is not always possible given the nature of the destinations visited and availability of options outside a planned itinerary. All rooms are standard twin-bedded (two single beds) rooms with private facilities, unless the client has specifically requested and paid for an upgraded room category or unless an upgraded room category is indicated in the client’s program. Meals are based on the hotel’s or restaurant’s buffet or set menu, unless an alternative arrangement is specifically indicated in the client’s program. All food allergies and dietary restrictions must be disclosed to the Tour Operator at the time of booking. Although Quinde Travel cannot make guarantees, every effort will be made to honor special dietary requests submitted in writing at least 30 days prior to departure. Any special requests or requirements that do not form part of these Terms or the contract between the client and the Tour Operator and the Tour Operator is not liable for any failure to accommodate or fulfill such requests. Service animals cannot be accommodated on our tours.
3.1.6 to have the best experience in sightseeing & itinerary, clients are advised to arrive on time for all scheduled flights, cruises, and package components. Arriving late may be considered a “no-show”, in which case the client will not be eligible for refund for the unused service(s). Further, Quinde Travel cannot guarantee the number of passengers who will be on any given tour. To ensure the desired group synergy, the Tour Operator reserves the right to accept, reject or expel any individual who is deemed disruptive or incompatible with the interests of the group, including, but not limited to, individuals who are intoxicated and/or under the influence of drugs leading to a negative experience for the remainder of the group. Expenses, including cancellation fees and/or costs for alternate travel plans or to return home, will necessarily be borne by the passenger and there would be no refund for unused services. On dates including, but not limited to religious holidays and national celebrations, some monuments and sites may be closed and, therefore, the touring itineraries may be amended to reflect these closures. There may also be last-minute changes during holidays and certain periods, and/or due to unforeseen circumstances including weather conditions. Quinde Travel reserves the right to adjust the sequence and/or substitute any hotels with others of similar category without any adjustment to the cost.
3.1.7 THE CLIENT MUST HAVE TRAVEL INSURANCE WITH A MINIMUM MEDICAL, EVACUATION AND REPATRIATION COVERAGE OF US$50,000 covering all applicable dates of travel with the Tour Operator. This insurance must cover personal injury and emergency medical expenses as well as alabor dispute or strike affecting travel services. Two weeks before the Tour, a representative of the Tour Operator will verify that the client has sufficient insurance in place. The client is strongly advised to extend the client’s coverage to include cancellation, curtailment, and all other expenses that may arise as a result of loss, damage, injury, delay or inconvenience while traveling. the client acknowledge that insurance coverage is not included in the cost of any Tour offered by Quinde Travel and the client is required to obtain separate coverage at an additional cost. It is the responsibility of the client to ensure that they have enough coverage and comply with the terms of the applicable insurance plans.
3.1.8 the client should acknowledge that the nature of adventure travel requires flexibility and acknowledge that the client will permit reasonable alterations to products, services or itineraries by the Tour Operator. The route, schedules, accommodations, activities, amenities and mode of transportation are subject to change without notice due to unforeseeable circumstances or events outside the control of the Tour Operator (including but not limited to Force Majeure, illness, mechanical breakdown, flight cancellations, strikes, political events and entry or border difficulties). No reimbursements, discounts or refunds will be issued for services that are missed or unused after departure due to no fault of the client, including the client’s removal from a Tour because of the client’s negligence or breach of these Terms.
3.1.9 Quinde Travel will not be responsible for loss or damage to luggage and personal belongings. The client MUST report any loss or damage immediately at the time of the incident and obtain a written report from the local authority for submission to their insurance provider. Weapons not permitted on any tour including, but not limited to, firearms, knives, mace, brass knuckles, and other weapons of any type.
- BOOKING PROTOCOL
4.1 The client’s booking is confirmed, and a contract exists when the Quinde Travel issues a written confirmation after receipt of the applicable deposit amount. Please check the client’s confirmation carefully and report any incorrect or incomplete information to the Quinde Travel or authorized agent immediately. Please ensure that names are exactly as stated in the relevant passport.
4.2 the client must be at least 18 years of age to make a booking. the client agrees to provide full, complete and accurate information to the Quinde Travel.
4.3 by booking on behalf of other participants, the client is deemed to be the designated contact person for every participant included on that booking. This means that the client is responsible for making all payments due in connection with the client’s Tour booking, notifying the Quinde Travel or the client’s travel agent if any changes or cancellations are required and keeping the client’s party informed. Further, if the client books on behalf of another person or persons, the client represents and warrants that they have obtained all required consents. The client is responsible for verifying that any information provided on behalf of another participant is complete and accurate and the Tour Operator will under no circumstances be liable for any errors or omissions in the information provided to complete a booking.
4.4 as a condition for booking, the client must provide the information requested by the Tour Operator along with final payment. If the client fails to supply information required by the Tour Operator for air tickets, permits, or other inclusions, the client will also be liable for any costs, fees or losses including failure to obtain or provide that inclusion. In the event that the client fail to supply information required by the Tour Operator, the Tour Operator also reserves the right to treat the client’s booking (or the relevant component of the client’s booking) as cancelled and levy any cancellation fees deemed reasonable by the Tour Operator, in its sole discretion. Quinde Travel will not be held responsible for any fees the client incurs as a result of errors, omissions, inaccuracies, late, misplaced or otherwise incomplete information the client has provided.
- RATES & PAYMENT
5.1 Quinde Travel will not increase the price of the client’s Tour after the client has paid in full. Tours are priced and advertised inclusive of applicable taxes.
5.2 Prices are per person based upon shared twin room occupancy. Prices do not include items of a personal nature such as laundry, food and beverages not listed in the itinerary, passport and visa fees, insurance, and foreign port taxes unless specifically indicated in the package inclusions.
5.3 Tour prices do not include international or other airfare unless expressly mentioned in the Tour’s descriptions. Quinde Travel is not responsible for changes in air itineraries or flight times and does not provide advice or alerts regarding air travel tickets, flight status or delays. UNLESS SET FORTH IN WRITING, AIRLINE RESERVATIONS ARE NOT INCLUDED IN THE CLIENT’S TRAVEL PLANS. In such event, it is the client’s responsibility to make appropriate air arrangements, as well as transportation to and from the destination where the travel booking originates and returns. The Tour Operator shall not assume any responsibility for any air and/or ground schedule changes.
5.4 At the time of booking, a non-refundable deposit in the amount specified in the chart below, as applicable, per person per Tour is due to the Tour Operator. If the booking is made 30 days or less prior to departure, full payment is due at the time of booking. The non-refundable deposit should be sent to the Tour Operator or authorized agent, as applicable.
5.5 The following guidelines will apply to Quinde Travel bookings:
5.5.1 Late Payment: If there is any outstanding balance by the Final Payment Due date listed on the client’s invoice, all travel services will be subject to automatic cancellation. A service reinstatement fee of $50 will be added to the client’s invoice and must be paid in advance in order to apply for reconfirmation of services.
5.5.2 Last Minute: All reservations must be made no later than 15 days prior to departure. If requested services cannot be confirmed, payment will be refunded. If services are confirmed, final payment is due within 24 hours and all applicable cancellation penalties will apply.
5.5.3 Form of Payment: US Dollar check, bank check, Venmo, money order, major credit cards or debit cards. Credit card charges will be accepted by phone or online to fulfill non-refundable deposit requirement. All payments made within 30 days of departure must be in the form of a certified check, money order, or credit or debit card; certified checks and money orders should be delivered to Quinde Travel no later than 3 days following the reservation. There is a $50 fee for returned checks.
5.5.4 Refunds: Refunds are processed to the credit card(s) originally used for payment, up to the total amount paid, with any remaining balance paid by US Dollar check.
5.5.5 The confirmation sent by the Tour Operator will contain details of final payment required for any booking. The Tour Operator is not responsible for any charges levied by third parties or financial institutions and payable by the client as a result of credit card or other payment transactions and will not refund or return any fees charged by third parties or financial institutions in connection with payments made by the client to the Tour Operator.
- CANCELLATION/MODIFICATION OF A RESERVATION
6.1 If the client decides to change any portion of their confirmed arrangements prior to departure or during the client’s trip, we will attempt to assist the client. Certain bookings may not be able to be changed. All desired changes must be made in writing to QuindeTravel.
6.2. A departure date for a Tour offered by the Tour Operator will become a guaranteed departure when at least one booking secured by a valid deposit has been made on that departure. The Tour Operator guarantees that all scheduled Tour departures booked and secured with a valid deposit will depart as indicated on the applicable confirmation, subject to reasonable itinerary changes as described in these Terms or good faith health and safety concerns. This guarantee is not applicable in the case of Force Majeure. Up to date Tour and itinerary information is available on the Tour Operator’s website or by contacting the Tour Operator. Brochures and other printed materials displaying Tour information and departure dates are subject to change may not be relied upon for purposes of this guarantee.
6.3. “Optional Extras” refers to any activity, transportation, meal, product or service not expressly included in the Tour itinerary or price of the Tour and which does not form part of the Tour. Any assistance given by the Tour Operator’s representative(s) in arranging, selecting, or booking, any Optional Extras is purely at the client’s request and the Tour Operator makes no warranties and expressly disclaims any liability whatsoever arising from participation in Optional Extras or any information provided by any representative of the Tour Operator regarding any Optional Extras.
6.4. The Tour Operator makes arrangements with accommodation providers, activity providers, airlines, cruise lines, coach companies, transfer operators, shore excursion operators, tour and local guides, and other independent parties (“Third Party Suppliers”) to provide the client with some or all of the components of the client’s booking. Third Party Suppliers may also engage the services of local operators and sub-contractors. Although the Tour Operator takes all reasonable care in selecting Third Party Suppliers, the Tour Operator is unable to control Third Party Suppliers, does not supervise Third Party Suppliers and therefore cannot be responsible for their acts or omissions. The Tour Operator is, therefore, not liable to, and will not assume responsibility for any claims, losses, damages, costs or expenses arising out of inconvenience, loss of enjoyment, upset, disappointment, distress or frustration, whether physical or mental, resulting from the act or omission of any party other than the Tour Operator and its employees.
- BREACH OF CONTRACT
7.1. We reserve the right, in our sole discretion, to change these Terms at any time. Updated versions of the Terms will be posted here on this website and are effective immediately on posting. Please check frequently, especially before the client uses this website, to see if these Terms changed. Use of the website after any changes to the Terms constitutes the client’s consent to the changes.
7.2. the client also acknowledges that they have voluntarily applied to participate on the trip designated on this application (or a trip which they may change to) and that they have read the description of the trip as it appears in the current Quinde Travel LLC catalog and supplements or brochures or website relating to the trip, together with all information contained in this application. I am voluntarily participating in this trip with knowledge of the hazards involved…
7.3. No amendment of this terms and conditions shall have any effect unless reduced to writing and signed by both parties.
7.4. The client acknowledges that they have carefully read these Terms and Conditions and the booking information sections of this document, and fully understand its contents. I am aware that this is a release of liability and a contract between the client and Quinde Travel LLC and agree of my own free will. By checking the Passenger Agreement box, I agree to these Travel Terms & Conditions and Quinde Travel’s Release from Liability, Assumption of Risk and Binding Arbitration Clause for the client, each member of my traveling party and any minor children accompanying me.
- FORCE MAJEURE
The Tour Operator will not be liable in any way for death, bodily injury, illness, damage, delay or other loss or detriment to person or property, or financial costs both direct and indirect incurred, or for the Tour Operator failure to commence, perform or complete any duty owed to the client if such death, delay, bodily injury (including emotional distress or injury), illness, damage or other loss or detriment to person or property is caused by Act of God, war or war like operations, mechanical breakdowns, terrorist activities or threat thereof, civil commotions, labor difficulties, interference by authorities, political disturbance, howsoever and where so ever any of the same may arise or be caused, riot, insurrection and government restraint, fire, extreme weather or any other cause whatsoever beyond the reasonable control of the Tour Operator; or an event which the Tour Operator or the Third Party Supplier of services, even with all due care, could not foresee any and all of which, individually and collectively, constitute “Force Majeure”.
If the Tour Operator, and/or any of its travel suppliers, are affected by Force Majeure, they shall be entitled to, and may in their sole and absolute discretion, vary or cancel any itinerary or arrangement in relation to the trip. Payment of any refund by the Tour Operator to the client as a result of the non-performance of any obligations hereunder shall remain in its sole and absolute discretion. However, the Tour Operator shall be entitled to deduct from any refund recoverable the reasonable actual and potential costs to the Tour Operator of the Force Majeure and applicable cancellation fees.
- NO LIABILITY
Quinde Travel does not own or operate any entity which is to or does provide goods or services for the client’s trip including, for example, ownership or control over hotels or other lodging facilities, airline, vessel, bus, van or other transportation companies, local ground operators, providers or organizers of optional excursions or equipment used thereon, food service or entertainment providers, etc. All such persons and entities are independent contractors. Each of these supplier companies is an independent entity with its own management and is not subject to the control of Quito Travel. Independent contractors may utilize the Quinde Travel logo on signage or uniforms solely for identification purposes which does not signify Quinde Travel ownership, management or control. As a result, Quinde Travel is not liable for any negligent or willful act or failure to act of any such person or entity, or of any other third party. Without limitation, Quinde Travel is not responsible for any injury, loss, or damage to person or property, death, delay or inconvenience in connection with the provision of any goods or services occasioned by or resulting from, but not limited to, acts of God, acts of government, force majeure, acts of war or civil unrest, insurrection or revolt, strikes or other labor activities, criminal or terrorist activities of any kind, or the threat thereof, overbooking or downgrading of accommodations, structural or other defective conditions in hotels or other lodging facilities, mechanical or other failure of airplanes or other means of transportation or for any failure of any transportation mechanism to arrive or depart timely or safely, dangers associated with or bites from animals, pests or insects, marine life or vegetation of any sort, diseases and dangers incident to recreational activities such as swimming, kayaking, sailing, canoeing, rafting, hiking, walking, bicycling, etc., sanitation problems, food poisoning, lack of access to or quality of medical care, difficulty in evacuation in case of a medical or other emergency, illness, epidemics or the threat thereof or for any other cause beyond the direct control of Quinde Travel.
BINDING ARBITRATION: I agree that any dispute concerning, relating or referring to this Agreement, the brochure or any other literature concerning my trip, or the trip itself, shall be resolved exclusively by binding arbitration pursuant to the Federal Arbitration Act, 9 U.S.C. §§1-16, pursuant to the Comprehensive Arbitration Rules & Procedures of the Judicial Arbitration and Mediation Services, Inc. (JAMS). Such proceedings will be governed by substantive (but not procedural) Georgia law and will take place in Atlanta, GA. The arbitrator and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this contract, including but not limited to any claim that all or any part of this contract is void or voidable. By agreeing to these terms and conditions, you (and we) are waiving our right to a trial by jury.
VOLUNTARY PARTICIPATION: I acknowledge that I have voluntarily applied to participate on the trip designated on this application (or a trip which I may change to) and that I have read the description of the trip as it appears in the current Quinde Travel catalog, brochures or website relating to the trip, together with all information contained in this application. I am voluntarily participating in this trip with knowledge of the hazards involved.
KNOWING AND VOLUNTARY EXECUTION: I have carefully read these Terms and Conditions and the booking information sections of this document, and fully understand its contents and certify that I am 18 years of age or older. I am aware that this is a release of liability and a contract between myself and Quinde Travel, LLC and agree of my own free will. By checking the Passenger Agreement box, I agree to these Travel Terms & Conditions and Quinde Travel’s Release from Liability, Assumption of Risk and Binding Arbitration Clause for myself, each member of my traveling party and any minor children accompanying me.
PHOTOGRAPHIC RELEASE: Quinde Travel may take photographs or video of its trips and trip participants grant Quinde Travel permission to do so and for it to use same for promotional or commercial use without payment of any compensation to participant.