HAUGAN CRUISES TERMS & CONDITIONS
TERMS AND CONDITIONS
Please carefully read the following conditions, as these form the basis of your relationship with HAUGAN CRUISES CIA LTDA ('HC', 'we', 'our' or 'us') as service provider. Except where otherwise stated, these terms and conditions only apply to holiday arrangements which you book with us and which we agree to make, provide or perform (as applicable) as part of our contract with you or, where we act as agent as set out below, arrange for you. All references in these terms and conditions to 'holiday', 'booking', 'contract', 'package', 'tour' or 'arrangements' mean such holiday arrangements unless otherwise stated. In these booking conditions, 'you' and 'your' means all persons named on the booking or any of them as applicable (including anyone who is added or substituted at a later date).
LIABILITY CLAUSE The tour operator and its agents act only as agents for passengers in all matters pertaining to transportation, accommodations or other services not provided by HAUGAN CRUISES CIA LTDA. As agents, all tickets, exchange orders or vouchers issued by them subject to any and all terms and conditions under which such means of transportation, accommodations or other services are offered or provided. The booking agent, airlines involved and general agent will not be liable for any vehicle furnished by any such other party, firm or corporation in carrying out or falling to carry out arrangements previously agreed upon, not for the negligent misconduct of any such other party, firm or corporation in providing or falling to provide, are not to be held responsible or any act, omission or event during the time passengers are not on board their conveyance. The passenger contract in use by the airlines concerned, when issued, shall constitute the sole contract between booking agent, airline general agent and the purchaser of these and/or passengers.
BOOKING GUIDELINES HC must be advised in writing about all reservation requests, changes in reservation and/or payment. Reservations shall be confirmed when total payment is credited to HC's accounts. The client is also responsible to double check vouchers and pro forma invoice quoted by HC. For groups and charters monthly sales reports are required: number of passengers, type of cabins / rooms, sold spaces must be updated in writing. If a group increase is requested, spaces will be confirmed on a first-priority basis. If the sales report is not received during the first 10 days of the month, HC reserves the right to reduce the spaces in high occupancy departures. To issue final confirmation of services and to comply with the Galapagos National Park and Government Council requirements, final rooming list and passengers' data should be submitted, exactly as shown in the passport and travel documents, up to 45 days before the tour date. Waiver of Liability forms duly signed are required along with passport?s copy in case of:
a) Children under 12 years old. Along with a copy of legal representative?s passport. b) Passengers with physical disability or health problems. For passengers and suppliers? safety, HC reserves the right to decline the provision of services in case physical condition information has been distorted or omitted. c) Snorkell and other sports or adventure tours. Trip members are responsible for selecting a trip that is within their abilities and to decide if their participation in the tour is safe as they will have to engage in activities that often involve speed, height, a high level of physical effort, and specialized training. Diet or allergies requests should be notified to HC on the moment of the booking. HC shall do its very best to meet reasonable special dietary needs, some, however, cannot be guaranteed keeping in mind Galapagos provisions? restrictions. HC is not liable of complaints or refunds in case of services that have not been provided if the information detailed above is not sent or does not arrive on time, or due to limitations of the properties involved. HC will provide a proforma invoice where dates and services are specified, it is responsibility of the purchaser to review if information is correct and proceed with the payment as per the conditions below. HC is not liable of complaints or refunds if there is discrepancy once deposit or full payment has been received. HC will provide a digital voucher of services good for travelling, this will be downloaded from HC website or sent by e-mail from the travel agent. It is passenger's responsibility to download and check it before the departure. This voucher will be requested to be shown before services starts (no print copy is needed).
DEPOSIT, PAYMENT AND CANCELLATION POLICIES HC shall proceed to book space when deposit / payment conditions are fulfilled. All payments should be made to the accounts of HC within the time-limits indicated, otherwise the space that has been booked could automatically be released. Ask for particular conditions. Payments can be made in U.S. dollars or Euros. Major credit cards and Pay Pal payments are accepted with an extra charge that will be according to the credit card or Pay Pal interest. from direct passengers only. Special conditions apply. Any extra expense for transferring funds must be covered by the user and included in the payment. All changes and cancellations must be notified in writing to be considered and accepted by HC, user must request a written confirmation from HC's side informing the cancellation notice was received and spaces have been released accordingly. HC will inform if penalties will be applied. 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. Remaining balances shall be credited to future bookings by a credit note, or will be used as a part of payment for the spaces that remain held (if any). Last minute requests are subject to availability. Priority is given with full payment on a first paid first served basis.
INDIVIDUALS: - 30% of the total price upon booking - 70% 60 days prior to cruise departure date
CHARTER: - 20% deposit of the charter price is due at time of booking - 20% additional deposit of the charter price 160 days prior the departure - 60% final payment 90 days prior to cruise departure date
INDIVIDUALS: - 120 days prior, 10% of total invoice retained - 119 to 60 days prior, 20% of total invoice retained - Less than 60 days prior to departure, 100% of total invoice retained
CHARTER: - 330 days or more prior the departure, 10% of the total charter price is retained - 329 ? 150 days prior the departure, 20% of the total charter price is retained - 149 ? 90 days prior the departure, 40% of the total charter price is retained - 89 days or less prior the departure, 100% of total invoice retained All policies are applied strictly regardless of the circumstance
PROMOTIONAL DEALS Immediate non-refundable full payment is mandatory. Special deals apply to new bookings only. Spaces are limited, and promo deals might be modified or withdrawn without previous notice. Different offers cannot be combined.
OPERATION SAFETY HC commercialized certified ships and yachts that comply with international standards and regulations and provide services with third party suppliers that meet all national safety regulations and legal requirements. If a passenger is believed to be a hazard for himself / herself or others, or causes disturbance to other passengers, HC representative, the ship's captain or the tour guide may refuse the passenger or terminate any cruise or mainland program for that passenger at any time, at the complete risk and expense of the passenger. For safety reasons, HC will not admit on cruises or mainland 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.
? We 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, enjoyment of the trip of other group members, who might be a hazard to himself and others, harm nature or violate regulations. We 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.
? We shall not be required to refund any portion of the rate paid by any passenger who must leave the cruise or mainland service prematurely for any of the reasons specified above. Therefore we will not be responsible for accommodations, meals, return transportation or other expenses incurred by the passenger for these reasons.
? We 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 HC's mainland excursions. Illegal drug possession shall be reported immediately. If detected, the cruise or tour will be terminated immediately and all money paid forfeited.
? Any physical disability or health problem that might require special attention or treatment should be reported in writing to HC. In these cases, HC reserves the right to decline the provision of services.
? We 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 HC or not.
? No refund will be forthcoming for missed sightseeing, meals, early/late departures and visits that were not enjoyed by the user; this will be considered even if the user decide not to go to any of the visits programmed on his/her itinerary.
? If the user decides not to take the activity as programmed, this will be consider as missed activity and not liability will be held to HC in any case even if the user wants to reprogram the activity. HC will do its best endeavors to help reprogramming the activity, but this shall not mean any responsibility from HC to provide it.
? In case of any flight delay or changes, HC will not be held liable for flight connections or any other activities missed due to this situation. HC will do its best endeavors to help reprogramming flights or activities, but this shall not mean any responsibility from HC to provide it.
? We shall not be held liable for the provision of medical care during the trip.
THIRD PARTY SERVICES The conditions for paying hotel services and other third parties may change depending on the individual conditions set forth by the provider. In case of hotels in Ecuador mainland, Gal?pagos or Peru, non-refundable deposits, stricter payment policies, and higher cancellation costs might apply when dealing with reservations for certain lodges, boutique hotels, groups or series that require space well in advance, special events, accommodations during the high season or holidays, meals, and others. For air tickets issuance, airfare full payment is mandatory. Any changes will be subject to Airlines? policies. Issued air tickets are non-refundable and non endorsable. Galapagos air tickets are issued 30 days prior to departure.
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 this will be made as a credit note for future bookings and in case HC decides to give the refund in cash wire transfers or Pay Pal fees will apply, no refund will be reimbursed through any credit card; however HC 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. Any complaint the user might have while on holiday must be expressed in writing by the passenger and addressed to HC's main office within 30 days of the termination of the tour, in order to duly process it. The complaint should also be exposed on the comment cards provided by HC.
HC shall not accept responsibility for claims received after this period. HC 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 HC or not. No refund will be forthcoming for missed sightseeing, meals, early/late departures and visits that were not enjoyed by the user.
GUIDES AND GROUP LEADERS HC complies with all national tourism regulations. All guides are highly knowledgeable of all areas that the passengers will be visiting as part of the programmed itineraries. HC 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 available. These might incur a charge. The customer recognizes that any local or foreign group leader who is being provided by the customer shall comply with the local regulation related to this function. Group leaders shall not be able to change the itineraries operated by HC without the prior written authorization of HC. 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.
INSURANCE It is mandatory for all passengers using any HC services or third-party services arranged by HC to obtain necessary insurance before arriving in Ecuador. Insurance is not included on HC cruises and tours. We highly recommend coverage for travelers and property, as well as for trip delay, trip cancellation, interruption, baggage, life insurance, medical, accident, sickness, etc. HC equipment meets local insurance law requirements for their operation only.
LIABILITY OF HC DURING CRUISES Passenger acknowledges that there are certain unavoidable risks to Passenger and property associated with expedition travel, including among others, collisions of ships or other vehicles; illnesses caused by consumption of food and beverages; slip and fall due to motion of the sea, civil unrest or terrorism; forces of nature such as weather; breakdown of equipment; and overexertion. Passenger understands and acknowledges that full medical facilities are not available aboard ship or in the Vessel's ports of call, to deal with certain medical injuries that may arise. Passenger understands the pricing of this cruise ticket is based upon the assumption of these risk by passenger. Therefore, passenger hereby releases HC and the vessel from any liability for personal injuries, illness or death, or loss of or damage to property, occurred during or as a result of the voyage, including onboard ship, on zodiacs, on land, except as a result of the sole negligence or HC.
HC is not liable for consequential and indirect damages or for damages arising from delays whatsoever caused.
a) Every passenger is subject to the orders and means of security imparted by the captain of the ship or his representative, according to the laws of navigation. b) Persons that suffer or are suspected of suffering physical or mental illnesses that may endanger health, security or comfort of their persons and other passengers may be forbidden to board ship by decision of the ship's Captain. c) All minors may be accepted on board at the sole risk and sole responsibility of their custodians/accompanying adult (s) only.
RESPONSIBILITIES AND LIMITATIONS OF LIABILITY These Terms and Conditions also apply to third parties buying services from agencies, wholesalers, and operators acting as intermediaries, via internet or any other instrument approved by HC. The customer accepts the general "Terms and Conditions" published and updated by HC at: www.haugancruises.com 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.
HC 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.
The passenger is responsible, and pledges to compensate HC, 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 willful or negligent act or omission on the part of the passenger.
HC reserves the right to take photographs, shoot films and comment cards of any trip and its participants, and may use any such material for promotional and/or commercial purposes. The videos or photos that might be used by the passenger for commercial purposes require prior specific authorization from National Park authorities.
In force majeure situations such as: natural disasters, political matters, passengers or crew disses or death, HC reserves the right to withdraw a tour either completely or any part of it, to make alterations as deemed necessary, no refund will be given for these modifications and to pass on to tour members any outlays caused by delays or events beyond its control.
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 HC 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 the 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. All parties must cover corresponding fees and charges.