Terms and Conditions

Terms & Conditions

These terms and conditions (the "Agreement") outline your legal rights and what you can expect from us when you purchase travel-related services through our company. They also detail your responsibilities as our customer. The terms "we," "us," and "our" refer to Wild Ecuador SAS. The terms "you" and "your" refer to the customer visiting our website, booking a tour with us, or using our services in any other capacity.

Our Agreement

We offer a wide range of travel-related products from various suppliers and service providers, including hotels, mountain huts, guides, and other professionals, which we refer to as "Suppliers." Each Supplier has its own terms and conditions that apply to your specific arrangements, in addition to our general terms and conditions, so it's important that you review and understand them. Our website, mentioned throughout this Agreement, is available at www.wildecuador.com. In certain instances, we act as an intermediary or "Booking Agent" for services and products not directly provided by us (such as ground transportation, accommodations in hotels and huts, meals, tours, etc.). In these cases, you will enter into a separate contract with the respective Suppliers for those products and services.

Deposits and Payment
All deposits made by you are non-refundable unless the tour is labeled as “Not Confirmed.” A deposit allows us to secure a reservation on your behalf. We will inform you of the deadline for full payment, which is typically 70 days before the tour begins, unless a different timeframe is specified on the tour page. Deposits are generally due at the time of booking and are usually 25% of the total cost. However, if a Supplier requires a larger deposit to confirm a booking or different information is provided on the tour page of our website, that will apply. By providing your payment information, you authorize us to arrange payments with the relevant Suppliers.

Cancellations and Changes

Your contract with us or with your Suppliers may permit them to cancel or modify your bookings. If we become aware of any significant changes, we will notify you as soon as possible, provided there is sufficient time before your departure. However, we do not accept responsibility for any changes or additional costs that may arise as a result. Depending on the Supplier's terms and conditions, you may have the option to accept the changes, choose alternative travel arrangements if offered by the Supplier, or cancel your booking and potentially receive a refund. Please note that we cannot guarantee that refunds will be provided.

While we strive to deliver our tours as planned, we operate in challenging environments such as the Andean mountains, Galapagos, deep jungles, where weather conditions can change suddenly, making outdoor activities unsafe. In the event of unfavorable weather forecasts, we may need to adjust the tour. When possible, we will inform you of any changes via email or phone at least one day in advance. If the weather forecast is severe, we may have to cancel the tour altogether. While this is always regrettable, it is sometimes necessary due to the unpredictable nature of the great outdoors. Tours may also be cancelled for other reasons. If we cancel the tour, a refund will be provided, excluding any non-refundable costs from Suppliers.

Please note that no monetary refunds will be provided in the event of any external situations, whether local or global, such as social protests within or outside the country, natural disasters, or pandemics that may prevent the execution of the trip

Pending and Confirmed Status of Tours
"Pending" tours are those that have not yet reached the required minimum number of participants, meaning they are not yet confirmed to proceed. In contrast, "Confirmed" tours have met the minimum participation requirement and are officially set to go ahead. If a tour is marked as Pending, we strongly recommend that you avoid making any travel arrangements, such as booking flights or trains. However, once a tour is marked as Confirmed, you can proceed with making your travel plans. Please keep in mind that even a Confirmed tour may still be subject to cancellation in accordance with these Terms and Conditions.

If a tour does not have enough registered participants, we may opt to cancel it. In such cases, all participants will receive a full refund, including any deposits paid. However, we will not reimburse any expenses you may have incurred to participate in the tour, such as hotel bookings, flights, or train tickets.

Any bank fees incurred during the refund process will be your responsibility and will be processed via bank transfer. Refunds will not be issued via credit card.

Changes in Guides
We enjoy collaborating with creative guides, such as content creators, who bring a unique perspective to specific tours. However, it’s important to keep in mind that these guides may occasionally fall ill, encounter unexpected life events, or miss their flights. If such situations arise, we reserve the right to proceed with the tour either partially (with the creative guide joining as soon as possible) or entirely without their presence. If we know in advance that a creative guide will be unable to participate, we will make every effort to inform you and try to arrange for a suitable replacement.

Your Acceptance of These Terms and Conditions
By making a booking with us or using our website, you agree to be bound by the terms of this Agreement, as well as any additional terms and conditions set by any Suppliers that apply to your booking, travel arrangements, or use of website content. You agree, on behalf of yourself and everyone you represent in the booking, to adhere to all such terms and conditions, including the timely payment of all required amounts. You acknowledge that any violation of these terms and conditions may lead to (a) the cancellation of your reservation or purchase, (b) the forfeiture of any money paid, (c) denial of access to the relevant travel-related product or service, and (d) our right to charge your account for any costs incurred due to such violations.

You affirm and guarantee that (a) you are at least 18 years old and capable of entering into legally binding obligations when using our services or website, (b) you have the legal authority to act on behalf of all individuals included in your booking and to accept these terms and conditions on their behalf, and (c) all information provided by you or members of your group is accurate and truthful. You are responsible for informing these individuals of all applicable terms and conditions related to their travel arrangements. You also understand that you are financially accountable for any use of our services or website, whether by you or by others using your name or account.

If You Need to Change Your Booking
You are allowed to switch from one tour to another up until the Balance Due Date, which is generally 60 days before the tour begins, unless stated otherwise on the specific tour page. No changes are allowed after the Balance Due Date has passed. Please keep in mind that all booking modifications are subject to availability and must comply with the terms and conditions associated with the purchased product.

If You Cancel Your Booking
If you choose to cancel your booking for a Confirmed tour after making the deposit but before the Balance Due Date (usually 60 days prior to the tour start date, unless specified otherwise on the tour page), the deposit is non-refundable.

For a Pending tour, if you cancel after paying the deposit but before the Balance Due Date (typically 60 days before the tour starts, unless otherwise noted), the deposit is refundable.

Cancellations made after the Balance Due Date (usually 60 days before the tour begins, unless otherwise indicated on the tour page) will not be eligible for a refund. We recommend that all guests have suitable travel insurance, which may cover cancellations due to illness or injury.

If You Have a Complaint
If you encounter any issues during your tour, please notify the relevant Supplier (such as your hotel) right away. If they are unable to resolve the issue, contact us immediately. If a tour leader is present, speak to them directly. Failure to inform us promptly may limit our ability to investigate and address your complaint while you are still on the tour, which could impact your rights under this Agreement.

Late Arrivals and Early Departures
No refunds will be provided for any part of the tour that you miss due to arriving late or departing early.

It is crucial to arrive on time for the start of the tour, as delays on your part may affect your ability to join the tour. If you arrive late and we are unable to accommodate you, your tour may be canceled without a refund. If you are running late, contact us as soon as possible to see if we can arrange for you to catch up with the tour. Please note that, due to our often remote locations, this may not always be feasible. You will be responsible for any additional costs incurred due to late arrival, such as extra guide fees, transport, or hotel expenses.

For early departures, you will also be responsible for any related costs, including additional guide fees, transport, or hotel expenses. If you need to leave the tour early due to illness or an accident, you should use your personal health, accident, or mountain rescue insurance, which you are required to have arranged before the tour. No refunds will be given for any part of the tour missed due to early departure.

Physical Requirements
Many of our tours take place in mountainous regions that involve trekking varying distances. It is crucial that you are physically fit and agile enough to meet the demands of the tour you’ve signed up for. The estimated daily distances and elevation changes are provided on the tour page. For the safety, comfort, and enjoyment of everyone, we require all participants to maintain a “Reasonable Average Speed” on mountain trails. This speed is essential, as failing to keep it can significantly extend our daily excursions or even impede evacuation efforts in case of adverse weather or other unforeseen risks.

The “Reasonable Average Speed” is based on a typical mountain hike, averaging 3.5 kilometers per hour (2.17 miles per hour), which includes uphill, downhill, and flat terrain. Slower speeds could compromise the group’s safety, comfort, and enjoyment, potentially leading your guide to make one of the following decisions: On day treks where you return to the same accommodation, the guide may ask you to skip more challenging parts of the tour. For hut-to-hut treks, where you move from one accommodation to another, the guide may, in extreme cases, request that you exit the tour.

It is your responsibility to ensure you are fit enough to complete the itinerary. If the guide directs you to skip a day of the tour or to leave the tour entirely, it will be at your own expense, and no refunds will be provided. Should you exit the tour, you may also forfeit access to any reserved accommodations.

Your Responsibility to Follow Guide Instructions
On many of our tours, we employ professional guides with various relevant qualifications to ensure the safety and comfort of the group. You are required to adhere to all reasonable and pertinent instructions given by your guide. If you fail to follow these instructions, the guide may be compelled to ask you to leave the tour. In such cases, it will be at your own expense, and no refunds will be issued. Additionally, you may not be permitted to use any reserved accommodations or transportation.

Your Responsibilities and Insurance
Adequate insurance is crucial for your travel arrangements. You are highly advise to obtain comprehensive insurance coverage for the duration of your trip, including travel, health, accident, mountain rescue, and personal liability insurance. We are not able to arrange or provide advice on additional insurance needs beyond these essential types. Your insurance must be valid for the location and period of the tour.

You and all tour participants should be aware of the risks associated with travel, outdoor activities, and potential remoteness of medical facilities. Therefore, you accept all risks related to injuries, property damage, death, medical expenses, repatriation costs, transportation expenses for tour abandonment, and economic losses. You agree to release us from any liability and not hold us responsible for any claims or demands related to your participation in the tour. This release applies to you, your heirs, executors, administrators, and family members.

You are financially responsible for any damage or injury, whether accidental or otherwise, caused to third parties or property, including property owned by us. We are not liable for theft, accidents, or losses occurring during the tour.

Participation in the tour is at your own risk, and you are responsible for your personal belongings and equipment. We are not responsible for services beyond our control, such as those provided by lifts, huts, mountain cabins, hotels, restaurants, airlines, guides, or transportation companies.

We are not liable for additional costs, losses, damages, personal injury, death, economic losses, or delays caused by third-party agencies or companies unless due to our direct negligence. We cannot be held responsible for unforeseeable incidents such as war, political unrest, strikes, terrorism, pandemics, natural or nuclear accidents, evacuations, transportation maintenance issues, schedule changes, fires, technical problems, airspace congestion, bad weather, or safety measures that cause delays or itinerary changes. You will be responsible for any extra costs associated with such events, except those related to the provision of the original agreed benefits.

You agree to indemnify us, our affiliates, and any Suppliers, including their officers, directors, employees, and agents, against any claims, actions, demands, losses, damages, or costs (including reasonable legal and accounting fees) resulting from (a) your breach of this Agreement, (b) any violation of laws or third-party rights, or (c) your use of our website.

You consent to the processing and sharing of personal information provided by you and other members of your party for necessary travel arrangements. Photographs and videos may be taken during the tour and used for marketing purposes. If you prefer not to be featured in marketing materials, please inform us.

Additional Terms
Warranties, Disclaimers, and Limitation of Liability
For clarity, references to "us," "we," and "our" also include our affiliates. The information, products, and services offered by us, our Suppliers, or featured on our website may contain inaccuracies or errors, including pricing mistakes. We do not guarantee the accuracy of this information and disclaim all liability for any errors or inaccuracies that appear on our website. We reserve the right to correct any pricing errors on our website and/or for pending reservations made at incorrect prices. If this occurs, we will offer you the option to either retain your pending reservation at the corrected price or cancel it without penalty.

We do not guarantee the availability of specific products and services and make no representations about the suitability of the information, products, and services provided by us or found on our website for any particular purpose. The inclusion or availability of any products or services does not imply our endorsement or recommendation. All information, products, and services are provided "as is," without any warranties. We do not guarantee that our website, its servers, or any emails sent from us or our suppliers are free from viruses or other harmful elements. We disclaim all warranties related to the information, products, and services, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

If, despite the above limitations, we are found liable for any loss or damage related to the occurrences described, our liability will not exceed the greater of the service fees you paid in connection with such transactions. This limitation reflects the risk allocation between the parties and will remain in effect even if any limited remedy specified in these terms is deemed to have failed in its essential purpose.

General
We operate as an independent contractor, and no joint venture, partnership, or employment relationship exists between you and us or our Suppliers as a result of this Agreement or your use of our website.

We reserve the right to amend this Agreement at any time without prior notice. You may not transfer your rights or obligations under this Agreement to any third party. We may terminate this Agreement at any time for any reason, and such termination will not affect any legal or equitable rights to which we are entitled.

This Agreement is governed by the laws of Ecuador. If any provision of this Agreement is deemed invalid, illegal, or unenforceable, the remaining provisions will continue to be valid and enforceable.