1. Definitions
2. General
3. The Agreement
4. Prices
5. Payment
6. Age and Health / Requirements during the tour
7. Changes of itinerary
8. Alteration by the Customer
9. Cancellation of bookings by the Customer
10. Cancellation by Galapagos Relax
11. Liability and force majeure
12. Obligations of the Customer
13. Privacy
14. Applicable law and jurisdiction
15. Other Provisions
16. Other information
1. Definitions
Agreement: the agreement between the Customer and Galapagos Relax, including these General Terms and Conditions;
Booking confirmation invoice: the acceptance of the booking by Galapagos Relax;
Customer: the legal entity or natural person who is acting as a tour participant or acting as an agent for tours for all services provided by Galapagos Relax (hereinafter also mentioned: “you”, “your”);
General Terms and Conditions: these general terms and conditions;
Galapagos Relax: the tour operator who combines and sells or offers travel packages, either directly or through a third-party provider (hereinafter also mentioned: “us”, “we”);
2. General
By booking a tour with us in writing, by telephone, electronically (online), or in person, you are deemed to have agreed to these General Terms and Conditions and your booking will be accepted by us on this basis.
Together with the Booking confirmation invoice, these General Terms and Conditions govern the legal relationship between Galapagos Relax and the Customer as well as third parties booking tours for tour participants or acting as agents for tours, for all services provided by us, in particular, the organization of excursions and their guiding as far as tour guiding is not provided by third-party providers.
For all activities of third-party providers, Galapagos Relax merely acts as an agent; however, such activities are carried out in the name of and according to the terms and conditions of the third-party providers.
These General Terms and Conditions form an integral part of any individual contract independently of the medium through which the contract is closed.
3. The Agreement
Content of the offer
The offer for a tour contains the services and facilities that are explicitly mentioned in the offer and the publications of Galapagos Relax.
Formation of the agreement
The Agreement between the Customer or any third party is concluded with the unconditional acceptance of the booking by us through a Booking confirmation invoice or if you book within 7 days of departure when we accept your deposit.
Following acceptance through a Booking confirmation invoice, the Customer shall be bound by the Agreement.
Before the conclusion of an agreement, Galapagos Relax provides the standard information by means of the prescribed form (Annex I of Directive (EU) 2015/2302) and the other information prescribed by law in article 7:502 of the Dutch Civil Code.
Apparent errors
Galapagos Relax is not obliged to fulfill an agreement if and to the extent that the offer, or the written confirmation/Booking confirmation invoice is based on an evident error or mistake.
Booking information
It is also the Customer’s responsibility upon receipt of a Booking confirmation invoice to check that the information on it is complete and correct. Any inaccuracies must be immediately reported to us.
If the information provided by the Customer is incorrect or incomplete, the Customer can be excluded from participation by Galapagos Relax or the third-party provider. In that case, the Customer will be charged with cancellation costs in accordance with Section 9 [Cancellation]. Other costs arising from this will be borne by the Customer as well.
Booking for other customers
The Customer that enters into an Agreement for or on behalf of one or more other travelers, is fully liable for all obligations that arise from it.
The Booking confirmation invoice, travel documents, and other communication are only sent to the Customer that concluded the Agreement. The Customer who books the tour for or on behalf of others is obligated – with permission of those persons – to communicate all relevant personal information of those other Customers that could be of influence on the performance of the Agreement.
The Customer who books the tour for or on behalf of others is obligated to send these General Terms and Conditions, and all other relevant communication to those Customers.
Performance of the tour
Galapagos Relax shall perform the Agreement in accordance with the reasonable expectations of the Customer based on the publications, the Booking confirmation invoice, and the circumstances at the destinations.
4. Prices
Indicated prices are per person unless specifically stated otherwise.
The price quoted for any tour covers the inclusions as indicated in the tour description.
The indicated prices do not include: vaccination fees, travel insurance, costs of travel to and from the start/return point of your tour including your international flights, the cost of passport and visas, personal equipment and personal expenses while on the tour and any other expenses specifically excluded on the tour description and/or invoice.
Changes in tour prices and services
We reserve the right to change the tour price, in case of extraordinary circumstances. Extraordinary circumstances are in particular: changes in the rates of third-party providers, for example of transportation companies: newly-introduced or raised taxes, charges or fees, changes in exchange rates.
Changes in tour prices in case of extraordinary circumstances are communicated 2 weeks prior to the tour start at the latest.
If the difference between the new and the initial tour price exceeds 10%, you are entitled either to withdraw from the contract upon written notice within 5 days after the communication of the change in tour prices against full refund of any tour price already paid or to book an alternative tour of Galapagos Relax in the value of the initially booked tour without any rebooking fee. Further compensation for damages is excluded.
5. Payment
The Customer shall be liable for all obligations arising from the Agreement, even if it enters into an agreement on behalf of or for the benefit of another party.
Payment must be made in a manner indicated by Galapagos Relax within the period stated on the Booking confirmation invoice, unless the parties have agreed otherwise in writing or it follows from the nature of the service that direct payment is to be made.
The Customer which has not paid in time shall owe the statutory interest on the amount due from the date of default. Galapagos Relax can exclude the Customer from participating. The obligation to pay the tour price remains in force. Instead of excluding the Customer from participating, Galapagos Relax can cancel the Agreement and charge the cancellation costs to the Customer in default.
Please note that full payment of the tour price may be required earlier for some selected trips. If in that case the tour price is not paid on or before the due date, we reserve the right to treat your booking as cancelled.
For last minute tours, we should receive the full payment of the tour 24 hours before the departure of the tour. If the full payment is not received, the Customer shall not be allowed to participate unless explicitly stated otherwise in writing by Galapagos Relax.
The Customer shall not be entitled to set off any claim it has against Galapagos Relax against any money it owes Galapagos Relax.
In the event of late payment, Galapagos Relax is entitled to suspend its services.
Costs related to the method of payment shall be borne by the Customer, such as credit card surcharges.
If (full) payment of the tour price is not made in time, the Customer shall be in default by operation of law. If the Customer is in default, Galapagos Relax shall send a demand for payment and will set a time limit of 14 days to fulfil its obligations, while notifying that, in the event of non-payment, Galapagos Relax shall also claim compensation for any costs of assessment of the damage and liability and costs of obtaining payment outside a court of law.
Furthermore, from the fifteenth day after the demand for payment, the Customer shall be obliged to pay any extrajudicial collection costs.
These extrajudicial costs amount to a maximum of 15% of a travel sum up to € 2,500, with a minimum of € 100; 10% of the next € 2,500; 5% of the next € 5,000, and 1% on the excess of anything above this amount.
6. Age and Health / Requirements During the Tour
You are to confirm at the time of booking that you are in good health, physically capable of undertaking all aspects of the tour, which aspects are described in the tour description, and unaware of any reason why you may be unsuited to taking part or may be likely to suffer illness or injury during the tour, taking into account its challenges and purposes.
If you are unable to give this confirmation for any reason or have any medical condition or disability which may affect your tour, you must contact us before you submit your application form so that we can assist you in considering the suitability of the tour for you.
If any information given in the application form or medical questionnaire is shown to be materially incorrect or incomplete, we reserve the right to cancel your booking or terminate your participation in the tour, depending on when we become aware of the true position. In this situation, cancellation charges as set out in Section 9 [Cancellation] will apply and we will not be responsible for any costs or expenses incurred as a result.
Your additional responsibilities include, but are not limited to, strictly complying with all local laws, respecting customs and culture, assessing your abilities, respecting other tour members’ privacy, and if on a guided tour following the suggestions and advice of the guide. On guided tours, the decision of the local guide or local supplier is final on all matters that may threaten the safety or interfere with the well-being of the group or individual travellers. During the tour, we have the right to remove anyone who we a) judge to be incapable of meeting the rigors and requirements of participating in the tour activities; or b) determine to detract from others’ enjoyment of the tour. You agree to treat all others with whom you interact on the tour, including other participants and local residents, with respect.
All tours carry a degree of risk and by participating in the tour provided by us you are expressly assuming those risks personally and are, to the maximum extent permitted by law, releasing us and our officers and employees from any liability, claims, losses, damages or expenses caused by any event, including, but not limited to: personal injury or death, property loss or damage, acts which may be construed as negligent or accidental, any other loss, damage, suffering, emotional or physical disorder.
7. Changes on Itinerary
While Galapagos Relax operates all tours as described, we reserve the right to change the tour itinerary. The itinerary provided for each tour is representative of the types of activities contemplated. It is understood that the route, schedules, itineraries, amenities, and mode of transport may be subject to alteration without prior notice due to weather conditions, natural incidents (e.g.(landslide), manmade interference, local circumstances, or events. Please refer to our website before departure for the most recent updates to your itinerary.
Before departure: If Galapagos Relax makes a major change, we will inform you as soon as reasonably possible if there is time before departure. The definition of a major change is deemed to be a change affecting at least one day in five of the itineraries. When a major change is made you may choose between accepting the change, obtaining a refund of money paid on the land portion of the tour only, or accepting an alternative tour offered.
After departure: Galapagos Relax reserves the right to change an itinerary after departure due to local circumstances or events outside of our control, such as operational concerns, concerns for your health, safety, enjoyment, or comfort. Any changes are at the discretion of Galapagos Relax. In such emergency circumstances, the additional cost of any necessary itinerary alterations will be covered by you. Please note that we are not responsible for any incidental expenses that may be incurred as a result of the change of itineraries such as visas, vaccinations, or non-refundable flights.
If the alternative solution is more expensive than the initially booked tour or unreasonable for the Customer, the Customer is offered withdrawal free of charge. Refunds are affected in the same way as payment has been made. Further compensation for damages due to change(s) in tour prices or services is excluded.
In case of a flight delay (either booked by us or booked by yourself), Galapagos Relax will try to accommodate your itinerary, but changes and penalties might apply, these penalties are the responsibility of the guest.
8. Alteration by the Customer
The Customer who has booked a tour with Galapagos Relax can request us in writing to alter the Agreement. We are not bound to alter the Agreement. Galapagos Relax will inform the Customer of the new price for the tour. If the Customer agrees on the costs of the alteration, then the new price and alteration costs are due. If the new price is lower than the initial price then the difference is offset with the alteration costs.
9. Cancellation of Bookings by the Customer
Cancellation of bookings must be notified to us by letter or email. The following cancellation charges will be payable after cancellation:
*Cancellation Charge per Person Cancelling (% Of Total Costs)
8 weeks or more Full deposit
8 – 5 weeks 40%
5 – 2 weeks 50%
From 2 weeks up to 24 h. 90%
1 day 100%
(*Period Before Departure Within Which Written Notification of Cancellation is Received by us)
You may transfer your place to someone else (introduced by you) if you are prevented from traveling, providing we are notified not less than 2 weeks before departure. All costs and charges incurred by us and/or incurred or imposed by any of our suppliers, as a result, must be paid before the transfer can be affected. Any overdue balance payment must also be received.
10. Cancellation by Galapagos Relax
Galapagos Relax can cancel the Agreement before the start of the tour and refund any of the payments for the tour without being liable for additional compensation, if and insofar: a) the number of participants enrolled for the tour is smaller than the minimum number stated in the Agreement and Galapagos Relax notifies the Customer of the cancellation of the Agreement not later than:- 20 days before the start of the tour in the case of tours lasting more than 6 days;- 7 days before the start of the tour in the case of tours lasting between 2 and 6 days;- 48 hours before the start of the tour in the case of tours lasting less than 2 days. b) In the event of unavoidable and extraordinary circumstances, force majeure, which is further described in Section 11 [Liability and Force Majeure].
In the aforementioned events, the refund of the tour will be paid at the latest within 14 days after cancellation. No refund will be made for services not included in the Agreement such as vaccinations, visa, materials bought, insurance, and if not included in the trip flights, tickets, accommodation, etc.
Cancellation that is attributable to Galapagos Relax
Galapagos Relax is only liable for the refund of the tour price if no alternative tour is offered.
If the tour is curtailed early due to the fault of Galapagos Relax, the Customer will receive a refund for the missing days based on a percentage of the cancelled days. No refund can be given on other expenses related to the trip, such as airfares, unpaid holidays taken, etc.
Cancellation that is attributable to the Customer
If the Customer does not show up in time for the departure of the tour, meet the predefined conditions of participation or the information of the Customer regarding experience, skills, physical or mental condition, or other relevant subjects that have been communicated by or on behalf of the Customer is incomplete or erroneous, Galapagos Relax has the right to cancel the Agreement without prejudice to all other rights of Galapagos Relax.
Galapagos Relax is entitled to cancel the agreement as referred to in Section 7, we may have to make changes to and correct errors in advertised and confirmed details, and also cancel confirmed bookings due to extraordinary circumstances.
11. Liability and Force Majeure
Attribution
Customers undertake all activities at their own risk.
The Customer shall not be entitled to compensation for damages as a result of the lack of conformity, if the lack of conformity is attributable to: a) The Customer; b) A third party unconnected with the provision of the tour services included in the Agreement and is unforeseeable or unavoidable; c) unavoidable and extraordinary circumstances (force majeure);
Force Majeure
Under the Agreement “force majeure” or “Acts of God” means: any circumstance which is independent of the will of the parties, as a result of which performance of the contract cannot not be fulfilled (“Acts of God”), such as (but not exclusively) natural disasters, import and export prohibitions, strikes, mechanical failure of vessels, airplanes or other means of transportation or for the failure of any transportation mechanism to arrive or depart on time, fire, a pandemic, governmental actions, quarantine measures or for any other cause beyond the control of Galapagos Relax.
In the event of force majeure Galapagos Relax is entitled to terminate the Agreement, or suspend performance of the Agreement until the circumstances that cause the force majeure has ceased to exist, and the Customer shall not be entitled to any compensation or damages for any such loss or damage.
In such an event, Galapagos Relax is entitled to require payment in accordance with Section 9 [Cancellation] of these General Terms and Conditions.
Limitation of liability
Any liability of Galapagos Relax is limited to the tour price.
Galapagos Relax’s liability for slight negligence, assisting persons as well as consequential damages and lost profit is excluded.
Galapagos Relax does not assume any liability in case of non-fulfilment of contractual obligations that results from omissions or contract violation by the Customer (in particular due to violation of the terms of participation in Section 6 [Age and Health/Requirement during the Tour]).
Galapagos Relax does not assume any liability for the disappearance of personal items, cash, valuables, luggage, photographic equipment, etc. as well as loss, theft, damage, or misuse of checks and credit cards.
Exclusion of liability in case of third-party providers
Galapagos Relax does not assume any liability for the offers and services of third-party providers nor does Galapagos Relax assume any liability for damages based on circumstances that are beyond Galapagos Relax’s control, such as force majeure, natural events, catastrophes, changes in the program due to non-adherence of train, bus or ship transportation companies or other third-party providers to their schedules, etc.
Customer undertakes to claim any damages directly from the third-party provider.
Customer’s liability
All activities for which Galapagos Relax acts as an agent and which are carried out by third-party providers or are organized and/or carried out by Customers themselves incur at the Customer’s own risk. Galapagos Relax is not liable for the consequences of any accident. You hereby assume responsibility for all risks and release Galapagos Relax from all claims and causes of action arising from any losses, damages or injuries, or death resulting from risks during a tour. Galapagos Relax requires that you confirm your assumption of this responsibility by completing the participation waiver prior to departing on your tour.
Galapagos Relaxs expects from each Customer a considerable degree of personal responsibility. Customers only participate in activities that are compatible with their physical condition, in particular their health and physical efficiency. Customers are in particular responsible for adequate equipment (clothing, footwear, sun protection, etc.).
Insured damage
Galapagos Relax is not liable for damages of the Customer that is covered by an insurance, such as health care insurance, travel insurance or a cancellation insurance.
Chargeback
In the event the tour is cancelled by the Customer or due to circumstances as described in Section 11 (3) [Liability and Force Majeure], the Customer shall waive any right he/she might have to file a chargeback with Discover, MasterCard, Visa, American Express or banks that issue credit cards and provide the option of a chargeback.
In the event legal action is necessary by Galapagos Relax to collect money taken away through a chargeback, you agree to pay all legal expenses of Galapagos Relax wins the lawsuit.
Should you reverse an already made payment or execute a chargeback without our written approval, the agreement between you and Galapagos Relax will not expire. You remain responsible for the payment of the agreed amount. If you don’t pay in another way within the prescribed period, we will declare you in default, as a result of which you owe the statutory interest and costs as described in our terms & conditions, as described in articles 5.9 5.10 and 5.11.
12. Obligations of the Customer
The Customer shall behave as a reasonably acting traveller and is obligated to comply with all instructions to enhance a proper execution of the tour by Galapagos Relax or third-party service providers.
In case of non-compliance of the instructions or in case the Customer causes nuisance, Galapagos Relax and/or the third-party service provider has the right to exclude the Customer from further participation on the tour or a part thereof. The Customer is not entitled to any refund. Other costs that arise are at the expense and risk of the Customer.
Before excluding the Customer from participation an oral or written warning is given. A warning is not required if this cannot be expected from Galapagos Relax or the third-party travel service provider considering all relevant circumstances of the case, taking into account the behaviour of the Customer, the expected chance of improvement, the effect on the tour, and other Customers, the risk of damage and the safety of the Customer and others.
The Customer is liable for damages caused by his behaviour, non-compliance with the obligations of this Section [Obligations of the Customer], or damage that is otherwise attributable to him. The Customer indemnifies Galapagos Relax from claims from the third-party service providers involved with the tour or third parties for damages that are caused by the Customer or are attributable to him.
Customers’ claims towards Galapagos Relax due to non-fulfilment or fulfilment not in accordance with the contract must be asserted within 30 days after the contractually agreed tour date in writing with a detailed explanation of the claims. A complaint vis-à-vis the tour guide is not sufficient.
Claims received by Galapagos Relax after expiry of this deadline cannot be accepted anymore, except if Customers prove that they were faultlessly prevented from meeting such deadline.
13. Privacy
All information you provide to us for the purpose of booking a tour, will be kept in a confidential manner. Please see our privacy policy for more information on our data practices.
You agree that we may use and reproduce any images, photos, or videos that you send to us, or that are taken by our guides and/or other travellers of you individually or in a group, in any medium, including but not limited to print, electronic media, or Internet, free of charge and without your right to inspection, for promotion and publicity purposes worldwide.
14. Applicable Law and Jurisdiction
Dutch law applies exclusively to all legal matters that Galapagos Relax is party to, even should the party involved in the legal matter be domiciled abroad.
Any dispute arising out of these tours will be settled in the courts of Ecuador under Ecuadorian laws
15. Other Provisions
In the event that any provision of these General Terms and Conditions shall be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render the Agreement unenforceable or invalid as a whole. Such unenforceable provision will be replaced with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of the original provision.
Galapagos Relax reserves the right to update and/or alter these General Terms and Conditions at any time, and it is the Client’s responsibility to be familiar with them.
The latest General Terms and Conditions can be found on this page and will supersede any previous version.
16. Other Information
The latest General Terms and Conditions can be found on this page and will supersede any previous version.