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Terms & conditions
These are the Terms and Conditions that will apply to your booking. Please read them carefully as you will be bound by them. These Terms shall constitute the entire agreement between the Company and the Client relating to the subject matter herein, and shall constitute a binding agreement. There is no verbal or written; representation, warranty, prior agreement, or description of services, other than as expressed herein.
The Contract is with Bamboo Amazon Tours Cia. Ltda. “the Company”. By booking a trip, you agree to be bound by these Terms and Conditions that govern the relationship, the cancellation policy and limitations of liability. These Terms and Conditions affect your rights and designate the governing law and forum for the resolution of any and all disputes.
1. THE CONTRACT & PAYMENT
All persons wishing to make a booking have carefully read and understand the Terms and Conditions that follow. By making a booking with the Company or its Agents, you accept on behalf of yourself and all those named on the booking including minors and person under a disability to be bound by these Terms and Conditions.
A booking is accepted and becomes definite only from the date when the Company sends a confirmation invoice or email. It is at this time that a Contract between the Company and the Client comes into existence.
The Company will hold the reservation of the client for 14 days from confirmation. To secure a booking with Bamboo Amazon Tours Cia. Ltda., the client must deposit 50% of the trip price. In case of non-payment within the 14 days the Company will treat the reservation as canceled by the Client..
a)The balance due must be paid to the Company no later than 14 days prior to departure.
b) In the case of bookings made 15 days to 8 days prior the departure date, the advance payment must be made within 3 days. In case of bookings made 5 days or less of the departure date the Company offers total payment upon arrival in Lago Agrio.
c) Payment can be made trough Paypal, bank transfer or deposit. In the case of transfer fees (Paypal 5% or international bank transfers) all charges applied to the transaction should be assumed by the Client.
d) All prices are United States Dollar based.
2. MEDICAL CONDITIONS AND SPECIAL REQUIREMENTS
The Client must notify the Company in writing during the process of booking of any medical conditions, pregnancy, disability or any other mental and or physical condition which may affect fitness to travel and or any medical condition. Failure to notify the Company may result in the Client being refused travel. Failure to notify the Company of any such condition that results in cancellation will have
full cancellation fees to the Client. Some trips may be unsuitable for Clients due to age, mobility, disability, pregnancy or physical or mental conditions. It is the Client’s responsibility to check prior to booking. The Company may refuse to carry pregnant women over 28 weeks or Clients with certain conditions. The Company is not required to provide any special facilities unless it has agreed to do so in writing. The Company will do its best to meet Clients special requests including dietary, but such requests do not form part of the Contract and therefore the Company is not liable for not providing these requests. Medical facilities vary from country to country and the Company makes no representations and gives no warranties in relation to the standard of such treatment.
3. CANCELLATION OF A TOUR BY THE CLIENT
The Client reserves the right to cancel any trip for any reason. Any cancellation by a Client must be made in writing and be acknowledged by the Company in writing. The date on which the request to cancel is received by the Company or its Agents will determine the cancellation fees applicable.
(a) Cancellation for trips: The cancellation fees are expressed hereafter as a percentage of the total tour price, excluding insurance and international flights.
i) Cancellation 30 days or more before departure: $50 administration fee
ii) Cancellation less than 30 days before departure: 50% of cost of services
4. CANCELLATION OF A TOUR BY THE COMPANY
The Company reserves the right to cancel any trip for any reason, but will not cancel a tour less than 30 days before departure except for Force Majeure, unusual or unforeseen circumstances outside the Company’s control. When a tour is cancelled by the Company before the agreed date of departure for any reason other than the fault of the Client, the Client can either:
(I) take a substitute tour of equivalent or superior quality if the Company is able and willing to offer such a substitute; or
(II) take a substitute tour of lower quality if the Company is able and willing to offer one, or
(III) have a full refund of all monies paid under the contract as soon as possible.
The Company is not responsible for any incidental expenses or consequential losses that the Client may have incurred as a result of the booking such as visas, vaccinations, non-refundable flights or rail, non-refundable car parking or other fees, loss of earnings, or loss of enjoyment, etc. If the Client is offered a refund but requests an alternative tour of a higher value than that originally booked
then the Client must pay the difference in price. Where after departure a significant element of the trip contracted for cannot be provided, the Company will make suitable alternative arrangements for the continuation of the trip. If it is not possible to provide a suitable alternative or the Client reasonably rejects any suitable alternatives, the Company will provide the Client a refund of unused
tour portions. Where a significant alteration or cancellation occurs which is not due to Force Majeure or other circumstances beyond the Company’s control, the Company will in some circumstances offer compensation. Significant alterations do not include the substitution of a vessel, modification of itineraries, change in cabin category or hotel accommodation provided it is of the same
5. UNUSED SERVICES
There will be no discounts or monies refunded for missed or unused services, this includes voluntary or involuntary termination/departure from tour, i.e. sickness, death of a family member etc., late arrival on the tour, or premature departure either voluntarily or involuntarily.
6. PRICES AND SURCHARGES
The price of the tours published may go up or down from the time of publication. The Company recommends that the Client finds out the most up to date price of their tours including the costs of any other service provided by the Company at the time of making their booking. The Company reserves the right to increase tour price after the holiday has been booked but will not do so any later than 30 days before the departure date stipulated. After a Confirmation Invoice has been issued any increase to the tour price will be as the result of changes in an increase in transportation costs, including the cost of fuel, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airport charges, including any currency fluctuations. If the increase would be 2% or less of the holiday price the Company will absorb the changes in its costs of providing the tour. However if the increase is more than 2% the Company will pass this increase on to the Client. Where the increase in price is more than 7% of the Clients holiday price then in these circumstances the Clients may either:
(i) withdraw from the contract without incurring any penalty; or
(ii) accept the change of price.
The prices on our website are based on rates and costs in effect at time of posting to the website. The Company reserves the right to alter prices at any time prior to payment. All dates, itineraries and prices are indicative only.
The Client understands and acknowledges the nature of this type of travel requires considerable flexibility and should allow for reasonable alterations by the Company. It is understood that the route, schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events, which may include sickness or mechanical breakdown,
flight cancellations, strikes, events emanating from political disputes, entry or border difficulties, extreme weather and other unpredictable or unforeseeable circumstances or any other reason whatsoever.
(a) Changes made by the Company: While the Company will endeavor to operate all tours as advertised, reasonable changes in the itinerary may be made where deemed necessary or advisable by the Company. If the Company makes a major change the Company will inform the Client as soon as reasonably possible if there is sufficient time before departure. The definition of a major change is
deemed to be a change affecting at least one in three full tour days of the itinerary. If the major change is due to force majeure or unforeseen circumstances no compensation is payable. Some changes to the itinerary may happen on tour as a result of unforeseen circumstances or local situations. Any changes made to alter the itinerary as a result will be made with full authority of the Tour guide
and any direct or indirect cost incurred as a result will be the responsibility of the Client. Where the Company has to make a major change to the Client’s holiday before departure in these circumstances the Company will notify the Client as quickly as possible so that the Client can make the decision:
(i) whether to withdraw from the contract without penalty; or
(ii) to accept the change and proceed with the holiday.
10. ACCEPTANCE OF RISK
The Client acknowledges that the nature of the tour is adventurous and may involve a significant amount of personal risk. The Client hereby assumes all such risk and does hereby release the Company from all claims and causes of action arising from any damages or injuries or death resulting from these inherent risks. Prior to tour commencement, the Client may be asked to sign a participation form,
with the following wording:
“I understand traveling with Bamboo Amazon Tours Cia. Ltda. may involve risks (and rewards) above and beyond those encountered on a more conventional holiday, and that I am undertaking an adventure trip with inherent dangers. I understand I am traveling to geographical areas where, amongst other things, the standard of accommodation, transport, safety, hygiene, cleanliness, medical facilities, telecommunications and infrastructure development may not be of the standard I am used to at home or would find on conventional holiday. I have read and understood the Bamboo Amazon Tours Cia. Ltda. dossier for this trip I am undertaking and have provided details of any preexisting medical conditions I may have to Bamboo Amazon Tours Cia. Ltda. representatives. I accept these risks and obligations and I fully assume the risks of travel. Optional Activities I understand during my trip there may be opportunities to undertake activities, which do not form part of the itinerary. I understand Bamboo Amazon Tours Cia. Ltda. makes no representations about the safety or quality of the activity, or the standard of the independent operator running it. I also understand Bamboo Amazon Tours Cia. Ltda. is in no way responsible for my safety should I elect to enter into such optional activities. With full knowledge of the above, I may still elect to partake in the activity, and if I do so, I assume full responsibility for any risks involved, and the waiver and release of the Releases set out in the foregoing paragraph shall apply to such optional activities.”
11. AUTHORITY ON TOUR
At all times the decision of the Company’s tour guide or representative will be final on all matters likely to endanger the safety and well-being of the tour. By booking with the Company, the Client agrees to abide by the authority of the tour leader or Company representative. The Client must at all times strictly comply with the laws, customs, and foreign exchange and drug regulations of all countries visited. If the Client is affected by any condition, medical or otherwise, that might affect other people’s enjoyment of the tour; the Client must advise Bamboo Amazon Tours Cia. Ltda. at the time of booking. Should the Client fail to comply with the above or commit any illegal act when on the tour or, if in the opinion of the tour leader, the Client’s behavior is causing or is likely to cause danger, distress or annoyance to others the Company may terminate that Client’s travel arrangements without any liability on the Company’s part and the Client will not be entitled to any refund for unused or missed services or costs incurred resulting from the termination of the travel arrangements.
12. GUARANTEED DEPARTURES
The Company guarantees selected departures at their discretion. This guarantee of departure is still subject to force majeure situations and the Company reserves the right to remove the guaranteed designation at any time due to circumstances beyond reasonable control. The Company will not be held accountable for any indirect cost resulting to the client for this action.
13. FACTORS OUTSIDE THE COMPANY’S CONTROL (FORCE MAJEURE)
The Company shall not be liable in any way to the Client for death, bodily injury, illness, damage, delay or other loss or detriment to person or property, or financial costs both direct and indirect incurred, or for the Company’s failure to commence, perform and/ or complete any duty owed to the Client if such death, delay, bodily injury (including emotional distress or injury), illness, damage or other loss or detriment to person or property is caused by Act of God, war or war like operations, mechanical breakdowns, terrorist activities or threat thereof, civil commotions, labor difficulties, interference by authorities, political disturbance, howsoever and where so ever any of the same may arise or be caused, riot, insurrection and government restraint, fire, extreme weather or any other cause
whatsoever beyond the reasonable control of the Company the consequences of which could not have been avoided even if all due care had been exercised; or an event which the Company or the supplier of services, even with all due care, could not foresee.
It is suggested that all Clients obtain travel related personal medical insurance while traveling with the Company and this insurance must cover personal injury, medical expenses, repatriation expenses, and evacuation expenses. Clients must be able to provide proof of Insurance purchase and adequate coverage as per the required amounts above if requested by the
group Leader or Company Representative. It is strongly recommended the coverage be extended to include cancellation, curtailment, and all other expenses that might arise as a result of loss, damage, injury, delay or inconvenience occurring to the Client. The Company shall have no liability for loss, theft of or damage to baggage or personal effects. Personal belongings lost or stolen while
unattended by the client in public lounges or other public areas, whether on board a vessel, train, bus, or other mode of transportation, publicly owned or operated by the Company or elsewhere, are not reimbursable. Losses due to ordinary wear and tear and other acts of God are not reimbursable. The Company cannot accept responsibility for and in no event shall be liable for loss or damage of valuables or other articles left in or on facilities used by the Company such as hotels, home stays, vessels, expedition vehicles, or any other mode of transportation. The Client acknowledges that the cost of the tour does not include insurance, and that
the Client is required to obtain separate coverage at an additional cost. When obtaining travel insurance the Client must ensure the insurer is aware of the type of travel to be undertaken.
15. CLAIMS AND COMPLAINTS
If a Client has a complaint against the Company, the Client must first inform the tour guide at the earliest opportunity to allow the grievance to be rectified. If satisfaction is not reached, contact Bamboo Amazon Tours Cia. Ltda office in Lago Agrio whilst on tour in order that the Company is provided the opportunity to rectify the matter. Failure to indicate dissatisfaction whilst on tour will result in the Client’s ability to claim compensation from the Company being extinguished or at least reduced. If satisfaction is still not reached through these means on tour then any further complaint must be put in writing to the Company at email@example.com within 15 days of the end of the tour. The Company will not accept any liability for claims received after this period.
16. CLIENT RESPONSIBILITY
The Client acknowledges he or she will be visiting places where the political, cultural and geographical attributes present certain risks, dangers and physical challenges greater than those present in his or her daily lives. By booking travel with the Company, the Client acknowledges she or he has considered the potential risks, dangers and challenges, and expressly assumes the risks attendant to
such travel conditions. The Client is solely responsible for acquainting themselves with customs, weather conditions, physical challenges and laws in effect at each stop along the itinerary, and are encouraged to locate or make contact prior to embarkation with his/her local embassy or consulate in each destination.
The Company is not responsible for any improper or non-performance of any services forming part of the Contract which are wholly attributable to the fault of the passenger, the unforeseeable or unavoidable act or omission of a third party unconnected with the provision of any services to be provided under the Contract; unusual and unforeseeable circumstances beyond the control of the Company and/or the relevant supplier, the consequences of which could not have been avoided even if all due care had been exercised including (but not limited to) an event of force majeure; or any event which the Company and/or the relevant supplier could not even with all due care have foreseen or forestalled.
In the event that the Company is responsible for any death, injury or illness caused by the negligent acts and/or omissions of its suppliers of services which form part of the Contract then the Company limits its liability, where applicable by the International Conventions.
In the event that any term or condition contained herein is unenforceable or void by operation of law or as being against public policy or for any other reason than such term or condition shall be deemed to be severed from this Agreement or amended accordingly only to such extent necessary to allow all remaining Terms and Conditions to survive and continue as binding.
19. SUCCESSORS AND ASSIGNS
These Terms and Conditions shall inure to the benefit of and be binding upon the Company and the Client and their respective heirs, legal personal representatives, successors and assigns.
20. UPDATING OF TERMS AND CONDITIONS
The Company reserves the right to update and/or alter these terms and conditions at any time, and it is the Clients responsibility to be familiar with them. The latest terms and conditions may be found on the Company website www.bambooecolodge.com