GENERAL CONDITIONS

The terms and conditions described herein apply to all services, cruises, and programs booked with Kleintours y Representaciones Cia. Ltda. and/or Galatours S.A. and/orKT LLC (dba Latin Cruises & Expeditions) KT LS, hereinafter referred to as “KT.“ These terms and conditions shall also apply to any third-party program or services sold or arranged by KT. The user of KT services agrees to be bound by the present terms and conditions and any other change that might be updated in the future on the website at www.latincruises.us/terms.html and that are valid at the time of operation of the service provided by KT.

Any payment to KT for services provided constitutes joint acceptance by the customer and the end user to observe the terms and conditions described in the present document. Any trip member, traveler, customer or any person or company that hires services shall be called “user.“ All users of KT are responsible for reading and understanding the present section. All contracts are governed by Ecuadorian law and shall be interpreted in the framework of this law.

1. RATES

   Rates are those published by KT and are GROSS. Exceptions may apply. Airfares, taxes, and extra charges are NET. KT rates are guaranteed for the stated period, unless there are steep increases in prices for fuel and logistics, changes in local and international policies and government regulations, exchange rate fluctuations or any other event affecting the operation beyond KT’s control.
   If there is any adjustment, it shall be reported when a firm booking with full payment is received. All items not specifically included in the itinerary must be paid directly by the passenger. Luggage is limited to one piece (20 kg maximum) and one carry-on luggage, although for certain routes there may be restrictions.
   KT accepts no responsibility for discrepancies between verbal quotes and written quotes. After payment has been made, all information contained on KT’s service itinerary is considered correct.

2. BOOKING GUIDELINES

   KT must be advised in writing about all reservation requests, change in reservation and/or payment. Reservations shall be confirmed when total payment is credited to KT’s accounts. If the services and/or dates are not available as requested, the KT Booking Center shall offer alternative options.

   1. Cruises

      To block booking space, KT needs the following:

      1. Number of passengers, tour operation dates, ship, language, and type of cabin.
      2. Deposit payment must be made in keeping with policies. Every month, the number of passengers and type of cabins requested and space sold must be updated in writing within 180, 150, 120, 90 and 60 days prior to the date of the cruise. It is important to stress that switching names of passengers is not allowed, and last-minute changes are subject to space available.
      3. KT shall then conduct the follow-up and the relevant adjustments to the block booking referred to. All airfares, taxes, schedules, ports of departure, time of arrival/departure and special programs are subject to change without prior notice.

   2. Overland Services

      To block booking space, KT needs the following:
      Number of passengers, tour operation dates, services, language, and type of room, as well as deposit if required. Every month services must be updated.

      KT shall make the relevant adjustments. Booking shall be processed only when the requests are firm. The conditions for paying hotel services and other third parties may change depending on the individual conditions set forth by the provider.

      1. All airfares, taxes, timetables, ports of departure, time of arrival/departure, and special programs are subject to change without prior notice.

   3. Passenger’s personal information

      To issue final confirmation of services, KT has to enter the following information in its records 61 days before tour date:

      1. Enter www.latincruises.us;
      2. Click on “Partners Area“. Enter login and password.
      3. Click on “Reservations“: all your records will be shown.
      4. Click on individual booking to be changed.
      5. Click on “passengers’ details“ and a window will pop up. Enter data.

      Requested information:

      1. Title (Mr., Ms., Chd., Inf.) / last name / first name / nationality.
      2. Passport number / language / age / accommodations for overland tours (double, triple or single)
      3. On board accommodations (double, triple or single) / special requests / hotel contact in Ecuador
      4. Arrival / departure of international flight / emergency contact
      5. Send: Waiver of Liability forms duly signed in the case of disabled children and adults, and copy of passport in case of children.

      Other service information: special diet request, if any, should be notified to KT at least 61 days before tour departure date. KT shall do its very best to meet special dietary needs. In certain cases, KT shall need further information such as height, weight, physical condition, etc., to be able to provide the best accommodations and services to the user.

3. DEPOSIT, PAYMENT AND CANCELLATION POLICIES

   All deposits and payments are non refundable, exceptions could apply when agreed in written by KT legal representative

   1. Groups, series, and FITs (individual passengers):

      KT shall proceed to book space when a contract is signed ahead of time and:

      1. A minimum deposit of US$300 per person or 20% of total cruise price is paid; in this case, the reservation shall be given a “priority one“ status. A floating deposit would replace individual deposits. If the deposit is not made, the reservation shall be given “priority two“ status.
      2. KT’s automatic system shall transmit a high occupancy date (HOD) notice when a particular tour date is on the verge of being filled, which could require a nonrefundable deposit or total payment.
      3. Total payment must be made to KT’s accounts 61 days before the date of tour service operation. Please note that, by this date, all reservations shall automatically be considered as firm, and therefore 100% of the total negotiated fee shall be charged and withheld even if the booking is cancelled.
      4. If additional space assignment is requested, it shall be given priority over new passengers.
      5. Last-minute requests shall be subject to space available.
   
   

   1. Charters:

      KT shall proceed to book space when a charter contract is signed, for which purpose the following shall be required:

      1. 20% deposit, which is indispensable to guarantee the booking.Failure to make this deposit leads to classification of the request as simply a request not a booking.
      2. Additional 30% deposit is required 180 days before the date of departure.
      3. Total outstanding balance must be paid 90 days before the date of departure.
      4. All payments must be made to the accounts of Kleintours within the time-limits indicated, otherwise the space that has been booked shall automatically be released and deposits forfeited.
      5. Cancellations: Up to 151 days before date of departure, without incurring any penalty, the contractor is entitled to cancel the complete charter contract down to 75% capacity. This space must be paid at the published FIT rate for individuals. KT shall sell the remaining space and assign cabins at its own discretion.

   2. High occupancy dates (HOD)

      When a Galapagos cruise departure or third-party service reaches “high occupancy“ status, KT reserves the right to ask for an extra non-refundable deposit or full payment for the services alongside the above-mentioned conditions. If the HOD conditions are accepted by the user and service is cancelled afterwards, no refund will be made and 100% cancellation penalties shall apply. If the “HOD“ advisory is not accepted by the customer, the booking will be considered as a simple request, and space shall be confirmed in the future only if available.
      This “HOD“ condition prevails over conditions a), b) and d) mentioned above in the present section.

   3. Direct tour services

      Total payment is required 60 days before departure date. If there is a cancellation, any refund shall be subject to KT cancellation policies for providers (third parties).
      Higher cancellation costs and stricter payment policies are applicable when dealing with reservations for certain rainforest lodges, hotels in the Galápagos, special events, airfares or train tickets, accommodations during the high season, guide services, meals, and others.

   4. Cancellations

      All cancellations must be notified in writing to be considered and accepted by KT. The cancellation fees shall be debited automatically from the deposits or payments. If a booking agent guarantees a reservation without payment, the invoice must be honored in case services are cancelled.

   5. Payment

      Payments can be made only in the account specified by KT in U.S. dollars or euros. Any extra expense for transferring funds must be covered by the user and included in the payment. KT must receive notice of payment to be able to check when money was credited. Booking shall be confirmed once the money has been completely deposited in KT’s accounts. Otherwise, KT reserves the right to render the services, place said booking under request, refuse services or request payment directly from the passenger, who is held jointly liable for all terms and conditions stated in these policies and in our agreements or quotations. Priority shall be given to bookings that are completely paid for. Services shall be confirmed on the basis of the order of payment arrivals.

   6. Refunds and compensation

      As a basic principle, no refund will be made for any unused service such as hotel or cruise accommodation, service or transportation. If a refund is obtained, however, there may be a fee withheld for administrative charges. KT responsibility will not extend beyond this refund, and no payments will be made, or compensation given, in respect to claims for contingent liability or inconvenience experienced by users. No refund can be made on lost, mislaid or destroyed tickets or vouchers or on lost property. All refunds shall be credited to the following booking by a credit note.

4. EQUIPMENT

   KT has certified ships and yachts that comply with international standards and regulations. KT ships, yachts, and buses meet all national safety regulations and legal requirements. KT is not responsible for services provided by third parties as KT only acts as their broker, as specified in the terms of the general conditions.

5. GUIDES AND GROUP LEADERS

   KT complies with all national regulations for tourism. All guides have sufficient experience and are highly knowledgeable about each one of the areas that the passengers shall be visiting. KT provides tourists with experienced guides who are fluent in English and Spanish. Any other language must be requested when booking the space and shall be provided only if it is available. If at the time of tour it has not been possible to provide the guide in the language that was requested, the extra charge for this language shall be refunded if it has already been paid for, but no other claim for this shall be considered. Tourists must facilitate the work of guides and drivers by complying with the following steps: handing over the vouchers that are requested, coordinating the pickup time when transfers are required, and complying with local rules and regulations, and all instructions that are given.
   The customer recognizes that any local or foreign group leader who is being provided by the customer is not allowed to operate and act as a guide on Ecuadorian territory and/or the Galápagos Islands. The group leader must comply with all requests made by the local guide authorized by KT and will be able to coordinate all steps, whenever possible and in accordance with contract terms, with the local guide authorized by KT. Group leaders shall not be able to change the itineraries presented by KT or other itineraries operated by KT without the prior written authorization of KT. Group leaders are forbidden to offer alcoholic beverages or any other substances to guides, drivers, crew members, or any other staff member of the tour.

6. CLAIMS

   Any complaint the user might have while on holiday must be brought to the attention of KT’s main office immediately, in order to address the problem. If satisfaction is not obtained, the complaint must be sent in writing and addressed to KT on the suggestion cards that are delivered for overland services or cruises. A formal complaint must be sent within 30 days after the end of the tour, along with supporting documentation and/or a letter from the provider confirming the complaint. KT shall not accept responsibility for any claims received after this period.
   No refunds shall be made for any missed services, except for those where it is possible to substantiate that they were caused by extreme circumstances and were fully recognized and approved by KT. Any adjustment shall be considered on the basis of the actual prices directly involved and not on the basis of the totality of the service.

7. INSURANCE

   It is mandatory for all passengers using any KT services or third-party services arranged by KT to obtain necessary insurance, and they must be covered by valid travel insurance before arriving in Ecuador. Insurance is not included on KT cruises and tours. We highly recommend purchasing traveller’s insurance for travellers and property, as well as for trip delay, trip cancellation, interruption, baggage, life insurance, medical, accident, sickness, etc. KT equipment meets local insurance law requirements for their operation only.

8. DISABILITIES AND HEALTH PROBLEMS

   Any physical disability or health problem that might require special attention or treatment should be reported in writing to KT. In these cases, KT reserves the right to decline the provision of services. Trip members are responsible for selecting a trip that is in keeping with their abilities and interests. KT will not be held liable for any consequences or expenses incurred for any changes, cancellations, accidents, injury, death, etc. caused by any disability, whether it has been reported to KT or not. No refund will be forthcoming for missed sightseeing, meals, early/late departures and visits that were not enjoyed by the user. KT shall not be held liable for the provision of medical care during the trip.

9. OPERATION SAFETY

   If a passenger is believed to be a hazard for himself or others, or causes disturbance to other passengers, the KT representative or the ship’s captain may refuse the passenger or terminate any cruise or overland program for any passenger at any time, at the complete risk and expense of the disembarked passenger.

   1. For safety reasons, KT will not admit on cruises or overland tours any passenger carrying firearms or sharp weapons that could cause any injury to himself / herself or other passengers, crew, flora or fauna. Forbidden articles include guns, knives, compressed gas, corrosive substances, poison, explosives, firearms, ammunition, fireworks and flares, inflammable liquids and solids, radioactive matter and oxidizing materials.
   2. KT reserves the right to refuse, revoke, accept or restrain the further participation of any person whose actions impede trip operation or jeopardize the rights, welfare, or enjoyment of the trip of other group members or who might be a hazard to himself and others.
   3. KT also reserves the right to refuse, revoke, accept or restrain the further participation of any person it deems incapable of withstanding the hardships or meeting the requirements of participating in the activities that have been planned or contracted.
   4. KT shall not be required to refund any portion of the fare paid by any passenger who must leave the cruise or overland service prematurely for any of the reasons specified above. Therefore KT will not be responsible for accommodations, meals, return transportation or other expenses incurred by the passenger for these reasons.
   5. KT shall not be held liable for the actions or activities of any passenger who consumes, purchases or obtains, by any means, alcoholic beverages or illegal drugs. Illegal drugs are strictly forbidden on board or during KT’s overland excursions. Illegal drug possession shall be reported immediately. If detected, the cruise or tour will be terminated immediately and all money paid forfeited.

10. THIRD-PARTY SERVICES

    1. KT acts only as the agent for the owners, contractors and suppliers providing means of transportation and/or related travel services, and therefore it cannot be held liable for injury, loss, or damage to person or property in connection with any service resulting directly or indirectly from, but not confined to, detention, annoyance, delays and expenses arising from quarantine, strikes, pilferage, theft, force majeure, failure of any means of transportation or conveyance to arrive and depart as scheduled, civil disturbances, terrorism, government restrictions or regulations, and in-transit discrepancies or changes on aircrafts, cruises, hotels and any other services or location, for incidents such as airline cancellations, re-routing or any disruptions of schedule, service or accommodation, for baggage lost by airlines or the independent tour operators who handle overland transfers or arrangements.
    2. KT is not responsible for the acts and/or omissions of providers (third-parties) or for any loss, damage, or expense the user may incur as a result of the acts and/or omissions of service by the other third-party.
    3. KT and its associates act only as agents for passengers in matters pertaining to transportation, accommodations, or other services. As agents, tickets, exchange orders, or vouchers, if issued by KT, are subject to each and every term and condition under which such means of transportation, accommodations or other services are offered or provided.
    4. KT will not be held liable for, and travellers release KT from, any injury, damage, loss, accident, delay or irregularity which may be caused by any such third party, person, firm or corporation in carrying out or failing to carry out arrangements previously agreed upon, or for the misconduct, whether wilful, criminal or otherwise, of any such third party, person, firm or corporation in providing or failing to provide services.

11. RESPONSIBILITIES AND LIMITATIONS OF LIABILITY

    These General Conditions also apply to third parties buying services from agencies, wholesalers, and operators acting as intermediaries, via internet or any other instrument approved by KT. The customer accepts the general terms and conditions published and updated by KT at: www.latincruises.us/terms.html and declares that he / she has read, understood, and accepted them in their entirety without entitlement to claims and that he / she is fully responsible for transmitting them to end users so that they will be apprised of them.

    Operation Guarantee
    KT will endeavour to guarantee tours as far in advance as possible. Some tours, however, cannot be guaranteed until 15 days prior to departure. Should a passenger’s program be cancelled due to lack of enrolment, or for commercial reasons, the customer will be contacted prior to the scheduled departure date. The program may be re-booked or KT may refund the total payment made for the service not provided.
    Changes in the itinerary may be made when deemed necessary or advisable by KT, including substitution for comparable hotel, yacht or vessel, attractions, sightseeing or transportation unit. Extra costs due to unexpected changes in the itinerary for reasons beyond our control are not included. (If an upgrade is required, higher rates may apply.)
    Major changes will be informed as soon as possible if there is time before departure. The user may choose between: a) accepting the change, b) accepting any alternative tour offered, or c) a refund for the service not rendered. Refunds will be made as a credit note directly to the tour operator involved or the paying party. If the customer decides to take the alternative offered, no further refunds or credit will be allowed unless so specified in writing. KT will not be held liable for any further claims. To uphold the safety and security standards that are required and to improve services, maintenance of units and dry dock might be notified without prior notice.

12. CHANGES IN FLEET AND ITINERARIES

    If it is not possible for KT to operate the contracted cruise or tour for causes beyond its control, within 24 hours after the departure date, the cruise/tour may be cancelled and the money paid will be refunded. In case of damage to the ship, which cannot be repaired within 24 consecutive hours, KT will refund the proportional amount paid from the time the ship was disabled or tour operation cancelled. In cases of force majeure or for commercial reasons, KT is entitled to provide a similar ship / price, yacht, tour arrangement, if available, and reserves the right to substitute it for a similar one, with or without prior notice. In force majeure situations, KT reserves the right to withdraw a tour either completely or any part of it, to make such alterations as deemed necessary and to pass on to tour members any outlays caused by delays or events beyond its control.
    

    1. The Galapagos cruise itineraries are subject to change without prior notice or can be operated in a different sequence. All Galapagos itineraries are under the direction of the Galapagos Park Administration or can be changed at the captain’s discretion.
    2. Overland tour itineraries are also subject to change when there are weather conditions, strikes, natural events, or force majeure events beyond KT’s control, or if a minimum number of participants is not secured. KT reserves the right to change the itineraries and offer the best available alternative for passengers.
    3. There is no guarantee that specific wildlife shall be observed during a particular overland tour or cruise. All sightings are subject to environmental conditions.
    4. Any independent arrangements that the passenger may make but are not part of the initial program shall be the passenger’s sole responsibility. These services must be paid for by the passenger directly to the independent operator.

13. LIMITATION OF LIABILITY

    1. KT refuses any and every liability from any and all claims that might be filed for loss or damage to baggage or property of the passenger; personal injuries, death; or delay as a result of the acts, omissions or negligence of any independent contractor or supplier, such as, but not confined to: airlines, cruise ships, hotels, restaurants, transportation providers, and other services or facilities.
    2. KT refuses any and every liability for any accident stemming from the practice of water sports, hikes on the islands or the mainland, any activities outside our facilities. KT shall not be held liable for any loss, injury, death or harm unless it was caused by KT’s negligence when using KT’s own facilities in which case liability shall be subject to local laws and regulations.
    3. KT may accept children as passengers for its Galápagos trips or on mainland Ecuador, but shall not be held liable for any accident that might occur to minors. Children are the sole responsibility of their parents and/or legal guardians.
    4. The passenger is responsible, and pledges to compensate KT, for all penalties, fines, losses of money and/or expenses incurred or imposed by virtue of any act, omission or violation of law by the passenger and for any damage to the ship caused by any wilful or negligent act or omission on the part of the passenger.
    5. KT reserves the right to take photographs or shoot film of any trip and its participants, and may use any such material for promotional and/or commercial purposes. The videos or photos used for commercial purposes require prior specific authorization from National Park authorities.
    6. Passengers must be in sound health and physical condition. It is their responsibility to decide if their participation in the tour is safe as they will have to climb up and down during hikes, walk over uneven terrain, get on and off the yacht or ship from a small dinghy, and travel by car and bus in Ecuador. Nevertheless, IN NO CASE SHALL KT BE HELD LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. In view of the above, KT reserves the right to restrict the participation of passengers in hikes if they entail any kind of imminent hazard for the passenger or other group members, and the passenger who is disembarked is fully liable for all related risks and costs.
    7. No employee, servant, agent or associate of KT may change any of the previously listed booking conditions without the prior written consent of the board of directors.

14. JURISDICTION

    This present agreement shall be governed by Ecuadorian law and therefore interpreted within the framework of this law. In the event of a dispute between the parties as a result of the present agreement, if it has not been resolved amicably between the two parties, both KT and the customer shall be subject to the jurisdiction of the Arbitration Court of the Chamber of Commerce of Quito (CCQ), pursuant to the regulations of Ecuadorian arbitration law. The rules for the arbitration process shall be as follows: the parties waive ordinary administration of justice and are bound to accept the rulings issued by the Arbitration Court. The Arbitration Court shall be comprised of three (3) members. The arbitration process shall be in Spanish and shall be conducted in the Arbitration Center of the CCQ and shall be confidential. ↑Up