Terms & Conditions

Please read these terms and conditions carefully. By using www.terradiversa.com, booking any of our products or services, contacting us or signing up to our newsletter, you’re agreeing to these terms and conditions. This is a legal agreement.

This legal statement contains information on the following:

1. Privacy policy
2. Booking terms and conditions
3. Explanation of terms used on the website
4. Gringo Travel Club membership terms and conditions
5. Use of website www.terradiversa.com
6. Company details

1. Privacy policy

This policy explains how we may collect information about you and then use it in order to satisfy your booking or purchase requirements. It also outlines the security measures we take in order to protect your privacy and gives certain assurances on things that we will not do.

When you contact us via our web page or book a tour, holiday, package, hotel, flight or other adventure, we collect your name, email address and phone number.

Depending on the tour or adventure you are booking with us we sometimes collect certain additional personal information such as your mailing address, date of birth, emergency contact details, dietary requirements, shoe size, travel interests and other necessary information in order to comply with legal requirements or to help provide you with an enjoyable journey.

All foreigners booking our products and/or services must provide us with copies of their passports. Without proof of identity we are legally obliged to charge 14% V.A.T. on all services provided.

At TerraDiversa we also monitor customer traffic patterns and site use which enables us to improve the service we provide.

1.1. Use of information

We will use personal information about you for a number of purposes, including:

· to advise you of any changes or problems with your booking
· to help us to administer services and products which we offer
· to write to you (including electronic mail) or to telephone you (including SMS) with information about our services and products
· to bill and collect money owed to us
· to advise you if you have won any competition or prize giveaway
· to send you our newsletter with information about our services, products, offers and news

To change the personal details we hold about you or to request removal from our contact list contact us.

1.2 Newsletter

At TerraDiversa we use MailChimp to create, send and manage our newsletter service. MailChimp has TRUSTe’s Privacy Seal, which means this privacy policy has been reviewed by TRUSTe for compliance with their program requirements, including transparency, accountability and choice related to the collection and use of your personal information.

Using our website, contacting us and/or booking any of our products and/or services constitutes acceptance to receiving our newsletter. You can stop receiving our newsletter at any time by following the unsubscribe instructions included in every email.

To find out more about how MailChimp protects personal information you can check their privacy policy here.

1.3 Disclosure of information

We do not sell or disclose your personal information to other companies without your prior consent. We don’t under any circumstances sell your personal information to third parties.

1.4 Blog

We have a blog on our website. Any information you include in a comment on our blog may be read, collected and used by anyone. If your personal information appears on our blog and you’d like it to be removed, contact us.

1.5 Social media widgets

Our website includes social media features, like the Facebook like button. These features may collect information about your IP address and which page you’re visiting on our site and they may set a cookie to make sure the feature functions properly.

Social media features and widgets are either hosted by a third party or hosted directly on our site. Your interactions with those features are governed by the privacy policies of the companies that provide them.

If you would like any more information or you have any comments about our privacy policy then please contact us.

2. Booking terms and conditions

Payment of deposit/full price of any of our products and/or services constitutes acceptance of these booking terms and conditions. Please read them carefully.

2.1 Prices

All prices on our website and brochures are shown in US Dollars which is the official currency in Ecuador.

Prices are correct at the time of publication; however as prices fluctuate, tour package prices and availability will change accordingly.

The prices shown for our sample itineraries give you a guideline as to cost, though obviously this will vary with any changes you decide to make.

Prices included on this website are the lowest available prices per person based upon an adult in shared twin room / double room occupancy unless otherwise indicated. Prices can fluctuate depending on a variety of circumstances including the desired class, applicable single supplements, the number of people traveling on any given tour or travel package or the season or date on which you wish to travel. If you are traveling with children the price can vary depending on their age.

The prices shown on our website do not include V.A.T., unless otherwise indicated. Foreigners are not required to pay V.A.T. in Ecuador, except in the case of airline tickets and cruises in the Galapagos where all passengers are required to pay V.A.T.. Nationals of Ecuador booking any of our products and/or services will need to pay V.A.T. which will be added to the published price. Anyone with an Ecuadorian Cédula is entitled to national rates and will need to pay V.A.T. (14%).

In order to qualify for V.A.T. exemption all foreigners booking our products and/or services must provide us with copies of their passports. Without proof of identity we are legally obliged to charge 14% VAT on all services provided.

Prices include all inclusions indicated, but do not include items of a personal nature such as laundry, wines, water, beverages, food, passport and visa fees, insurance, and foreign or domestic port taxes unless specifically indicated in the package inclusions.

2.2. Making a booking

After you request to book a product and/or service on our website we will give you a full quotation for your itinerary either in person or send it to you by email. Any special terms will be stated on the booking and included in your confirmation.

We advise clients to accept our proposal by paying the stated deposit or full price as soon as possible after receipt in order to make a firm booking so as to avoid price changes and/or disappointment. You will be notified by email within 48 hours whether your booking has been successful. It is your responsibility to contact TerraDiversa if a confirmation email has not been received.

2.3 Payment schedule

The payment schedule and/or deposit required is variable and depends on the specific product and/or service being purchased. Your payment schedule will be specified on your invoice at the time of booking. In all cases, full payment must be completed before you start your tour.

If any balance remains unpaid or is not paid on schedule, travel documentation will not be issued and we reserve the right to treat your booking as cancelled and apply the cancellation charges as set out below.

Higher or immediate deposits or full prepayment may be required to confirm bookings or to guarantee availability and/or rates during high season dates such as Christmas, New Year, Easter and other holidays. These may be non-refundable in case of cancellation. Please contact one of our travel specialists for more information.

2.4 Payment methods

Deposits for and/or payments of any of our products and/or services can be made using any of the following payment methods. All payments must be made in US Dollars and you will be responsible for any bank charges.

· PayPal

TerraDiversa accepts PayPal payments for booking our products and/or services. PayPal is a convenient online payment method that allows you send payments quickly and securely online using a credit card or bank account. Using PayPal means that we will never see your credit card or bank account information. You do not need to be an active PayPal user in order to make a payment via PayPal.

In order to make a payment via PayPal, please follow the following instructions:

· 1. TerraDiversa will send you an email that includes an invoice that states the products and/or services requested and price. This email will also include a link to pay via PayPal.
· 2. If you have a PayPal account you should enter your account details. If not you can simply enter your details an credit card information on the online form. Make sure you enter a personal password for the transaction for your own security.
· 3. After submitting the form and completing the payment, you will receive an email from PayPal confirming your payment. This will be followed by an email from TerraDiversa confirming your booking.

· Bank transfers & deposits in Ecuador

TerraDiversa accepts payment by bank transfer or deposit at any branch of our local bank account in Ecuador.

Name: TerraDiversa The Travel Center CIA. LTDA.
R.U.C. (V.A.T. number): 0190019330001
Current Account Number: 2915413
Bank name: Banco del Pacifico
Bank Address: Gran Colombia 23-120
TerraDiversa Address: Calle Larga 8-41 y Luis Cordero Cuenca, Ecuador

· Bank transfers & deposits in the United States

TerraDiversa accepts bank transfers or deposits into our international bank account for clients in the United States. Please add $40 to the total amount due when making a bank transfer or deposit into our US account to cover bank charges.

TerraDiversa The Travel Center CIA. LTDA.
R.U.C. (V.A.T. number): 0190019330001
Account: 178040220
Bank: Pacific National Bank
ABA: 066011350
SWIFT: PACIUS3X
Address: 1390 Brickell Ave., Miami, Florida 33131-3324
P.O. BOX 012620; Miami FL 331012620
Tel. (305) 539-7500
Fax. (305) 539-7600

· Bank transfers from abroad (excluding USA)

TerraDiversa accepts payment by bank transfer from abroad. When making an international bank transfer from outside of Ecuador (excluding the USA) please add $40 to the total amount due to cover bank charges.

Name: TerraDiversa The Travel Center CIA. LTDA.
R.U.C. (V.A.T. number): 0190019330001
Current Account Number: 2915413
Bank name: Banco del Pacifico
Bank Address: Gran Colombia 23-120
TerraDiversa Address: Calle Larga 8-41 y Luis Cordero Cuenca, Ecuador
Swift code: PACIECEG 300

· Cheques

TerraDiversa accepts payment by cheque from clients in Ecuador. Cheques should be made payable to TerraDiversa and delivered in person to our office.

We accept cheques drawn on Ecuadorian banks. Cheques drawn on banks in the United States will only be accepted for payment for products and/or services purchased a minimum of three months in advance. If your bank is from neither Ecuador nor the United States, please check with us before making payment as some international cheques take an exceptionally long time to clear.

Bookings will only be confirmed when your cheque has cleared.

· Credit & debit cards

TerraDiversa only accepts payments made by credit or debit card in person at our office. We accept all major credit cards including Visa, Mastercard, American Express, Discovery and Diners Club.

· Cash

We accept payments made in cash in US Dollars in person at our office.

If you have any questions about our payment methods please contact our travel specialists.

2.5. Amendment and cancellation by you

This section explains our cancelation policy, amendment policy and refund policy.

2.5.1. Amendments and reservation changes

We will do our best to assist you in altering your arrangements after booking, but cannot guarantee that this will be possible. Changes to an existing reservation, whatever the cause, will incur a $50 per person administration fee. You will be responsible for any change or cancelation penalties and/or charges and costs levied by third party travel suppliers that result from any changes you request. This includes name changes* and removal of any services such as optional tours and transfers.

*Please note that name changes to airline reservations are subject to full cancellation and rebooking. Please refer to the terms and conditions of the airline in question.

2.5.2. Cancellations

You, or any member of your party, may cancel your travel arrangements at any time. Once a partial or full payment has been made, cancellations will only be accepted in writing either by registered post at our office or by sending an email to the travel specialist with whom you arranged your booking. If you do not receive an acknowledgement within 48 hours, contact us by phone to ensure your information was received. Cancellation terms will be applied based on the date that the written cancellation is received and based on the following dates prior to departure.

Penalties due are calculated per person and apply to the full cost of the product and/or service purchased. There will be no refund provided for unused portions of products and/or services.

Any cancellation will incur a minimum of $50 per person administration fee. Charges for cancellation will vary due to the complex nature of our travel itineraries and in many cases will depend on the terms and conditions of our third party travel providers. Certain arrangements may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% of that part of the arrangements. We have prepared the following cancelation penalties below as a guide only and it is subject to variation.

We strongly recommend you purchase comprehensive travel insurance to protect yourself from unforeseen circumstances and that it includes cancellation insurance. We recommend you take out insurance early in order that you get full value for money on your cancellation insurance. Ensure that it covers loss of deposit. If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.

· Cancellation penalties

Personal travel planning

TerraDiversa offers personal travel planning and consulting services for travel in Ecuador, Galapagos and Peru. Should you wish to cancel this service, the following cancellation policy will apply:

· Prior to initial consultation: 0% of cost
· After initial consultation: 100% of cost

Day tours operated by TerraDiversa and/or the South Explorer Group in Ecuador*

TerraDiversa acts as operator for some of its products and/or services. In these cases the following cancellation policy will apply:

· More than 7 days prior to departure: 0% of cost plus $50 p.p. (administration fee)
· 7 days to 25 hours prior to departure: 30% of cost
· Same day cancellations or no-shows: 100% of cost

Multi-day packages operated by TerraDiversa and/or the South Explorer Group in Ecuador*

TerraDiversa acts as operator for some of its products and/or services. In these cases the following cancellation policy will apply:

· More than 61 days prior to departure: 0% of cost plus $50 p.p. (administration fee)
· 60 days to 31 days prior to departure: 30% of cost
· 30 days to 15 days prior to departure: 50% of cost
· 14 days to 25 hours prior to departure: 100% of cost
· Same day cancellations or no-shows: 100% of cost

* Cancellation penalties for tours operated by TerraDiversa and/or the South Explorer Group do not apply to portions of tours/packages purchased from third party travel providers (See below).

Products and/or services provided by third party travel providers

If a product and/or service includes products and/or services provided by third party travel providers (such as hotels, restaurants, airlines, chauffeur-driven transportation, train travel, cruises and/or international travel packages) cancellation and change penalties may apply at the sole discretion of the third party agent involved. This includes Galapagos cruises, Galapagos land tours, Galapagos island hopping tours, Galapagos all-inclusive packages, Amazon lodges, Amazon cruises, land transportation in Ecuador, rail tickets in Ecuador, Peru tours, travel packages abroad, hotel reservations and airline reservations. You should check terms and conditions with our travel specialists before making a booking.

Hotel reservations

In all cases, once a hotel booking is confirmed, you are subject to the terms and conditions of that hotel’s cancellation policy.

Airline reservations

Should you cancel or change your reservations prior to, or after departure, cancellation and change penalties may apply at the sole discretion of the airlines involved. All airfares and conditions thereof are those in effect at the time of booking and are subject to change. The passenger ticket in use by said airline when issued shall constitute the sole contract between you (the purchaser of these tickets and/or the passenger) and the airline. TerraDiversa cannot be held responsible for problems arising with airfares, air schedules, or seat assignments. Please note that some airport taxes are non refundable once ticket has been issued.

2.5.3. Refunds

All refunds will be made via TerraDiversa, including those from third party travel providers. We will take care of all the paperwork needed to request your refund. Refunds will be made by the same method used to make partial or full payment of any product and/or service and you will be responsible for any transfer or bank costs that are incurred.

There may be delays in processing any refund due as we await advice of cancellation charges by airlines, hotels and ground/cruise operators.

2.5.4. Responsibility

TerraDiversa acts as a booking agent for some products or services provided by independent suppliers which means that TerraDiversa purchases transportation, accommodation, restaurant services and other services from various independent suppliers that are not subject to our control. In these cases, when you make a booking you are entering into a contract with these independent suppliers via TerraDiversa, not with TerraDiversa itself.

TerraDiversa is not liable for any personal injury or property loss and/or damage that may occur due to (1) any act or omission by any particular supplier or (2) any defects or failures of any aircraft, vessel, automotive vehicle or other means of transportation that is not under its control.

TerraDiversa reserves the right to cancel any itinerary in whole or in part, to make any alterations to the itinerary as it is deemed necessary or desirable, to refuse to accept or retain as a member of any tour any person at any time, and to pass on to tour members any expenditure occasioned by delays, airline schedule changes or events beyond its control. In case of any appreciable variations in its costs, TerraDiversa reserves the right to adjust its rates.

When TerraDiversa deems it necessary or desirable to make alterations to the itineraries of any of its products and/or services (including but not limited to accommodation, restaurants, air/land transportation, yachts, visits or any other aspect provided by TerraDiversa or its third party agents), it will provide similar ones at no extra cost unless the reason of the mentioned changes are out of our control / responsibility. If similar services are not available you may incur extra costs such as upgrades, cancellation fees and/or penalties in hotels/airlines.

· Force majeure

Terra Diversa is not liable for any injury/accident and consequences that result from acts of God, adverse weather, fire, governments or other authorities, wars, civil disturbances, riots, terrorist acts, strikes, thefts, pilferage, epidemics, quarantines, dangers inherent to sea, land and air travel, and other similar acts or incidents beyond our control, and any expenses or losses they may cause.

· Adventure activities

If you participate in horseback riding, kayaking, trekking, hiking, snorkeling, diving or any other adventure program organized by TerraDiversa or third party agents that might demand effort, special training, endurance or any other physical and technical skills developed by training or experience it is your responsibility to ensure that you have the physical condition to participate in such activities and you have also considered the risk involved for each activity.

TerraDiversa is not liable for any injury/accident and consequences derived from such incidents that the passenger may suffer due to equipment misuse, any lack of required skills or any accident related to the activity itself since TerraDiversa has no control over paths, roads, rivers, climate nor the environment of a particular location.

· Health

You must be in good health when deciding to take part in any of our travel services and/or products. Should you fall ill or have any health concerns you must communicate them with one of our travel specialists before booking and/or travel. For vaccination information please check with your medical practitioner.

Payment of deposit/full price of any of our products and/or services signifies an understanding of the physical and technical skills required and the climate conditions. TerraDiversa is not responsible for a) any medical issues that arise due to taking part in any of our tours b) any special arrangements required in order to participate in the tour c) any medical problems caused by discontinued treatment or special attention.

· Passports and visas

Passengers are solely responsible for ensuring that they have the proper travel documents and MUST CHECK with the respective consulate(s) or visa agency to determine whether any visas or passports are required and current immigration requirements. In some countries passports are required to be valid for at least 6 months after the date of travel. Passengers must ensure that the names used at time of booking match their travel documents exactly. Remember that some countries require you to show proof of vaccination for certain diseases in order to apply for a visa or to gain entry to a particular country.

· Equipment

All equipment provided by TerraDIversa on tours it operates is in good condition and undergoes constant quality control and maintenance. Passengers are free to check the state of any equipment required before embarking on a tour/activity.

Passengers are responsible for taking good care of all equipment supplied by TerraDiversa or its third party agents. In some cases a warranty, in the form of a signed credit card voucher or cash, might be required.

We do however always encourage clients to bring their own equipment for a more fulfilling experience.

· Baggage

Baggage restrictions vary for different airlines, tours and travel packages. It is your responsibility to obtain and read about baggage restrictions before travel and to comply with them. Baggage and personal effects are taken at owners own risk throughout any trip and baggage insurance is strongly recommended.

2.5.5. Travel insurance

No insurance is included in any of our products and services unless otherwise indicated. We strongly recommend you purchase comprehensive travel insurance to protect yourself from unforeseen circumstances and that it includes cancellation insurance. We can provide information about travel insurance on request.

3. Explanation of terms used on the website

Descriptions of our tours are included in the tour section of this website. Below you’ll find an explanation of the terms used.

Price from

Prices included on this website are the lowest available prices per person based upon an adult in shared twin room / double room occupancy unless otherwise indicated.

The prices shown for our sample itineraries give you a guideline as to cost, though obviously this will vary with any changes you decide to make. Prices are correct at the time of publication; however as prices fluctuate, tour package prices and availability will change accordingly.

Sample itinerary

Our Sample itineraries are just samples used to serve as a guide when you are looking at tour options and that they may change at any time.

Meals

You can find out which meals are included in your itinerary under the title “this tour includes” and/or in the sample itinerary for your tour on the website where they are signaled with the letters B/L/D (B = Breakfast, L = Lunch, D = Dinner).

Class

We are not big fans of the star* system used to classify hotels, cruises and lodges in Ecuador. For this reason we’ve created our own system of categorization to help guide you when choosing a tour.

· Luxury = Luxury accommodation is roughly equivalent to five star accommodation. Accommodation we classify as luxury offer an exceptionally high standard of comfort and service with added luxuries such as multilingual staff, high quality personal care products and memorable aspects that make it stand out from the herd.
· First-class = First class accommodation is roughly equivalent to four star accommodation and offers a high standard of comfort and service.
· Tourist = We have combined tourist and tourist superior classifications to create one classification which is roughly equivalent to between one and three star accommodation. These establishments offer comfortable accommodation and decent service.
· Budget = This is made up of backpacker-style accommodation and hostels which offer clean but basic accommodation for economic rates.

Difficulty rating (level)

· Easy = Some physical stamina necessary, mostly relaxed pace of activity.
· Moderate = 2 to 4 hours of activity a day. Activities can include elevation gain, higher altitude, longer distance and uneven terrain.
· Challenging = 4 to 6 hours of sustained physical activity. Good levels of fitness and basic technical ability required.
· Strenuous = More than 6 hours of activity. Activities can involve high levels of technical ability and stamina, as well as long days, high altitudes and distances.

Group size

At TerraDiversa we offer both private and group tours.

· Private tour = A tour whose participants are made up of only your group or family.
· Group tour = A tour made up of several individuals/groups which helps bring down the price substantially.

4. Gringo Travel Club membership terms and conditions

Gringo Travel Club is a club created by TerraDiversa to allow members to come together and share travel experiences. It offers special offers on day trips, weekend getaways and longer adventures to both domestic and international destinations, as well as organizing events and presentations of interest for its members.

Becoming a member or booking any Gringo Travel Club offer constitutes acceptance to receiving the Gringo Travel Club newsletter. You can stop receiving our newsletter at any time by following the unsubscribe instructions included in every email. To change the personal details we hold about you or to request removal from our contact list contact us.

5. Use of website www.terradiversa.com

We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.

5.1. Intellectual property

This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.

TerraDiversa respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement please contact us.

5.2. Liability Disclaimer

The information, products, and services published on this web site may include inaccuracies or typographical errors. Changes are periodically made to the information which appears here. The content of this site is not guaranteed to be complete, accurate, or available and may be changed at any time without notice. TerraDiversa may make improvements or changes on this web site at any time. In no event shall TerraDiversa be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising our of, or in any way connected with, the use of this web site, or for any information obtained through this web site, or otherwise arising out of the use of this web site.

5.3. Third-party sites

This website may contain links to other websites. Such links are provided solely for your convenience. TerraDiversa is not responsible for either the security practices, privacy practices or contents of third party websites. If you submit personal information to any third party websites linked from our website your information is governed by their privacy policies. We encourage you to carefully read the privacy policy of any website you visit.

5.4. Amendments to the conditions

We reserve the right to make changes to our website and policies, as well as to amend these terms and conditions at any time, in which case the amended version will be published on our website. 

5.5. Acceptance

Using our website, contacting us and/or payment of part or all of any of our products and/or services constitutes acceptance of our general terms and conditions, as well as our booking terms as detailed above.

6. Company details

This website is owned and operated by:

TerraDiversa The Travel Center CIA LTDA
Calle Larga 8-41 y Luis Cordero
Cuenca 010104
Ecuador
R.U.C. (V.A.T. number): 0190019330001
AUT. S.R.I. Nº.: 1112347764

If you have any questions or comments, or if you wish to update, delete or change any personal information submitted via our website, please use our contact form or the address above to get in touch.

 


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