For Trips by Individual Travelers to the Ecuadorian Mainland, the Galapagos Islands and/or Other Destination in South America
Surtrek General Conditions for Travelers
1.Completion of travel contract
As stated in the agreement regarding the tour itinerary and costs, the client will be asked for a prepayment for the tour. Upon receipt of this payment, Surtrek will send written confirmation by fax or email. This confirmation will serve as a legally binding contract for the services requested as per the agreed tour itinerary and details (unavoidable changes withstanding) once the balance of the tour payment has been received (see section 2).
If the applicant registers for several travelers, he/she is responsible for all of their contractual obligations as if his/her own.
With the completion of the contract the client agrees to the storage of his/her personal data for use by Surtrek to facilitate the tour and its itinerary only. Clients' personal information will not be sold or misused for any commercial gain.
To confirm an agreed travel contract, a pre-payment of 30% of the total amount per person must be paid for all travels. The remaining balance must be paid no later than 30 days prior to departure on all Ecuador mainland tours, or 90 days prior to departure on tours to the Galapagos Islands or on tours on the South America mainland other than in Ecuador.
If the client concludes his/her travel arrangements with Surtrek less than 30 days prior to the departure date for their travel on the Ecuadorian mainland, or less than 90 days prior to the departure date for their travel in the Galapagos Islands or the departure date for their travel in South America (other than in Ecuador), the price of the tour must be paid in full immediately.
If a client fails to pay for his/her tour in full before the agreed final payment dates (30 days prior to departure for mainland travel in Ecuador, or 90 days prior to departure for the Galapagos Islands travel or prior to mainland travel in South America other than in Ecuador) the client risks losing his/her tour. Equally, by failing to make the full payment before the due date, the client will lose their deposits for all travelers included in the reservation.
If the tour fee has not been paid in full prior to the arranged travel start date, Surtrek will be released from its service obligations and may require the client to pay any appropriate cancellation costs.
Surtrek Payment Options:
1) Bank Transfers
Name of the bank: PACIFIC NATIONAL BANK US
Address: 1390 Brickell Ave. / Miami Florida, 33131
Acct. Name: AGENCIA DE VIAJES OPERADORA SURTREK CIA. LTDA.
Address of the beneficiary: San Ignacio E10-114 y Plácido Caamaño / Quito, Ecuador
Account No.: 139284406
2) Payments made by credit card
The second procedure can be carried out through a signature on file via Visa or MasterCard cards, therefore the client must send Surtrek a copy of their passport, a copy of the credit card (both sides), and an authorization form permitting us to charge their credit card for the payment; otherwise the local banks in Ecuador will not allow this transaction (this form will be sent to the client, who must fill it out and sign it). Please keep in mind that a 6% fee is added to the total amount.
3) Payments made using Paypal
An electronic payment using the PayPal pay system can be performed by the client using their credit card and paying via the Internet. In this case there will be a 3.9% fee added to the client's total amount.
3. SURTREK Scope of Services
Surtrek's scope of services is detailed through travel descriptions, illustrations and quotations as presented on the Surtrek web page and in the client's agreed upon contractual terms (see section 1).
Pursuant to Section 1, Surtrek reserves the right to modify tour information (communicated by email or detailed on the Surtrek web page) prior to confirming the tour with the client through a contractual written agreement. However, once a tour is confirmed and payment received, Surtrek reserves the right to modify the tour only as a result of legitimate and unforeseeable circumstances.
Such circumstances include modifications or deviations from the travel descriptions during the tour due to road conditions, severe weather and official regulatory changes (among other circumstances). Though the travel process indicated in the travel description cannot be guaranteed under all circumstances, Surtrek will only make changes to the tour after considering the the best interests of the clients. The agreed travel descriptions represent only the planned travel process, without guaranteeing the details of the exact operational sequence. Surtrek will not be liable for circumstances that occur outside the control of Surtrek or its service providers.
If clients request special arrangements prior to or during the tour, (e.g. a modification of the tour due to severe weather), once these are agreed upon, a written contract must be signed by both parties.
4. Cost modifications
4.1 performance and price adjustments
In the event of modifications and/or deviations from the itinerary or program due to unforeseen and/or exceptional circumstances out of Surtrek' control, any additional costs incurred will be charged to the client.
Surtrek cannot be held responsible for any changes in transportation costs, airport taxes, park entrance fees or the like that are subject to variation and are outside of Surtrek's control. We will endeavor to inform passengers of any changes as soon as possible.
Surtrek is entitled to increase the travel price after conclusion of the travel contract as a result of increased transportation costs, charges for certain services, port or airport taxes, or any modifications in exchange rates that may affect final costs. Any such changes can occur up to 4 months before the agreed departure date. If this should be the case, the client will be informed immediately, but no later than 21 days prior to departure. Price increases thereafter are not admissible.
4.2 extra charges
All extra charges that arise due to a modification of the itinerary caused by the client will be debited to the client for immediate payment. The aforementioned charges include those associated with a late arrival by the client at an airport or port resulting in their missing an embarkation, late arrival to trekking tours, a premature departure from the country for whatever reason (health, personal, legal, etc.), an illness or accident (and the associated costs) experienced during the trip (e.g. helicopter evacuation, hospitalization, hotel stay for a chaperon or companion).
If Surtrek is required to advance money to meet an acute emergency, then the amount advanced must be refunded to Surtrek immediately after the termination of the journey.
5. Cancellation and notice by the tour operator
5.1 Cancellation of tour prior to the start of travel
Surtrek can cancel or withdraw the tour offer up until 14 days prior to the travel start date if the number of required participants for the tour is not met, but only if the travel description for the corresponding tour refers to a minimum number of participants.
Notification that the minimum number of participants has not been achieved, and that the journey is therefore being canceled, must reach the client at the latest 14 days before the travel start date. The client will receive an immediate refund for any payments previously made, but they are not entitled to any compensation or further claims.
5.2 Cancellation of the tour after the start of travel
Surtrek can withdraw its services after the travel start date if it is deemed that the client is in any way is disrupting the tour or causing distress to other group members, staff or service providers. This also applies if the client fails to meet specific requirements for the tour in question (physical and/or mental health, general capabilities, technical skills where applicable, etc.).
If Surtrek cancels the tour, the costs incurred up and until that date (including advanced payments for contracted services for the tour) will not be refundable. The client will only be entitled to refunds as decided by Surtrek in consideration of tour costs incurred.
6. Cancellation of the contract by the client
The client can cancel and withdraw from the contract at any time before beginning the tour, however this must be done in writing.
Refunds can only be made under the following cancellation guidelines, as pre-tour costs will be incurred and cannot be recuperated by Surtrek.
Therefore the following cancellation fees will be charged for canceled tours:
a) For mainland tours in Ecuador:
30 days or more prior to the travel start date: the pre-payment amount
29 to 21 days before travel start date: 40% of the total amount
20 to 15 days before travel start date: 60% of the total amount
14 days or less prior to the departure date: 100% of the total amount
b) General conditions for journeys that include the Galapagos Islands and/or mainland tours in South America (with the exception of Ecuador):
91 days or more before travel start date: pre-payment
90-61 days before travel start date: 50% of the total amount
60 days or less before the travel date 100% of the total amount
Important note: Please note that for Amazon cruises and Galapagos cruises cancellation fees can vary according to the boat chosen, and therefore these fees will be confirmed individually.
7. Compensation and cancellation
If travel services are not performed according to the contractual agreement, then the liability of Surtrek depends on the national laws. The client can request compensation for which Surtrek has the right to refuse if deemed unreasonable. Surtrek will try and rectify any situation to provide an equal quality of tour.
In the case of reoccurring poor performance the client is obliged to immediately complain to the agency or its representative, usually the guide, stating the problems experienced. If the client does not raise the issue to the agency or its representative, he/she cannot later demand any contractual compensation.
The cancellation of the travel contract by the client due to quality issues that substantially impair the tour is only permissible if Surtrek has not made reasonable attempts to rectify any shortcomings.
8. Client claims
If the client wishes to file a claim against Surtrek for compensation due to its failure to comply with its contractual obligations, then the client must notify Surtrek of their intentions within one month from the termination of the contractually agreed tour. Service providers, tour guides or other local agencies are not authorized to the receive claims.
Claims being made for unlawful actions by Surtrek must be submitted within 3 years of the termination of the tour contract as per international law. The place of jurisdiction for any claim is Quito, Ecuador.
9. Limitation of liability
The contractual liability of Surtrek for any personal injuries is limited to a maximum value of the tour price, assuming negligence on the part of Surtrek.
Compensation sought for damage to persons or property due to negligence by service providers must be directed to the service provider and is not the responsibility of Surtrek.
Please note that for mountain climbing, trekking and expeditions there is an increased risk of accidents due to the nature of these adventure sports (e.g. avalanches, falling rocks, water travel, river crossings etc.). These risks are ever present and cannot be reduced or excluded even with the most prudent and cautious care taken by the assigned guides/tour leaders. Therefore the participation in adventure activities like mountain climbing, trekking, horseback riding, rafting, mountain bike tours and general expeditions or tours involving even minimal elements of danger, are always at the clients own risk and responsibility.
10. Contract cancellation due to force majeure
If the journey is substantially difficult or dangerous and incorporates risk of any nature due to force majeure (e.g. war, strike, unrests, epidemic diseases, sovereign arrangement, among others), then both the client and Surtrek can withdraw from or cancel the travel contract.
In the case of emergency procedures for unforeseen circumstances, the client is liable for the full extent of the incurred costs (e.g. hospitalization, additional accommodation and food) with the exception of emergency transportation, to which Surtrek Tour Operator will contribute up to 50% of the total cost. Any additional claims are excluded.
11. Travel and health regulations
The traveler is responsible for meeting any travel and health regulations (e.g. passport, visas and customs requirements, and currency import regulations) on their own and at their own expense. All disadvantages and/or charges that arise from disregarding these regulations will be attributable to the client even if regulations are modified after the reservation has been made. If at all possible, Surtrek will inform customers of important modifications to the general itinerary as described in its travel descriptions of the tours before the start of the tour.
12. Individual contractual regulations
The invalidity of individual stipulations within the travel contract does not imply the invalidity of the entire travel contract.
13. Tour operator
Agencia de Viajes Operadora
Surtrek Cia. Ltda.
San Ignacio E10-114 y Placido Caamaño
Quito - Ecuador
Phone: (5932) 250-0660