Dear Traveler: We put our entire knowledge and skill to work to carefully plan and organize your trip to ensure that your travel experience with us is a positive one. The following Positiv Turismo general terms & conditions for travel govern the relationship between you (hereafter referred to as “the client”) and us (hereafter referred to as “the operator”).
1. Entering into a Contract
By registering for a trip, the client offers to enter into a binding contract with the operator. Registration for a trip can occur orally, by e-mail, fax, or in writing. Special arrangements, conditional registration, or oral supplemental agreements are only valid if they are confirmed by the operator in writing. Once the operator confirms the reservation in writing, the contract becomes a legally binding agreement. If the contents of the reservation confirmation differ from the contents of the registration, a new offer exists and the operator is bound to the contents of this new offer for a duration of 10 days. If the client agrees to the terms of this new offer within the ten-day period, a legally binding contract exists between the client and the operator. Acceptance can be in written or oral form or by submitting the required down payment. Every client is responsible for fulfillment of all contractual obligations on behalf of all persons for whom he/she makes a reservation.
2. Services Rendered
The scope of services rendered is defined by the reservation confirmation and the description of included services found on our website (www.positivturismo.com). Positiv Turismo explicitly reserves the right to inform clients of specific changes that may be necessitated by unavoidable, significant and unforeseen circumstances prior to the existence of a contract and will exercise due diligence to inform the client of such changes. In so far as Positiv Turismo offers specific services, such as flight reservations, in its sales materials or travel confirmations, it is understood that Positiv Turismo is not a provider of air transportation, but merely confirms the existence of a contract between the airline and the client.
3.1. Prices on the Website
The price of a program is stated in the reservation confirmation or in the price list found on www.positivturismo.com. Unless otherwise specified, all prices are per person in US dollars, payable by international bank transfer.
Upon entering into a contract, the client agrees to make a 20% down payment of the total program price, but no less than USD 500 per reservation. If the total due is less than USD 500 or if the trip is booked less than 30 days prior to the start of the trip, the entire amount is due immediately upon receipt of the invoice. The remainder of the payment is due, without notice, at least 30 days prior to the start of the trip. Special payment terms apply for boat charters to Galapagos. All payments must be deposited in our bank accounts in either Switzerland or Ecuador. Effective date of payment is the date on which you authorized the payment at your bank. Please fax or e-mail us a copy of your bank transfer authorization. After we receive your entire payment, Positiv Turismo will send you a written receipt and reservation confirmation. You will receive your travel documents (vouchers, airline tickets for domestic flights) after your arrival in Ecuador at our office in Quito. If we do not receive your payment on time, we have the right to withhold our services.
4. Price Changes
4.1. Changes in Price or Services Rendered
Changes in services rendered that occur after a reservation contract has been entered into and that were not caused by the operator in bad faith are only allowed if they are not significant, do not affect the overall itinerary and quality of the trip, and do not constitute an unreasonable burden to the client. Possible damage claims remain intact if there are defects in the services affected by the change. Positiv Turismo will inform you of any changes in services rendered as soon as possible unless the changes are minor and do not constitute an unreasonable burden to the client. If Positiv Turismo, despite due diligence, has caused significant changes in services rendered that affect the overall itinerary and quality of the trip, the client is entitled to submit a damage claim for nonperformance or to cancel the contract without penalty prior to the start of the trip and to request a refund of all payments made. If there are more than 4 months between the reservation date and the start of the trip, Positiv Turismo reserves the right to adjust prices listed in the reservation confirmation or posted on the website in a reasonable manner and prorated per person if such a price increase is necessitated by factors such as changes in government-mandated fares, taxes or fees or other important, unforeseen circumstances. If such a price increase or another significant change in services rendered occurs, Positiv Turismo will notify you as soon as possible, at least 21 days prior to the start of your trip. After this time, no price increases are allowed. If the price increase exceeds 5% of the total price or if a major service changes significantly, you are entitled to cancel the reservation without a penalty or to request to be booked into a trip of equivalent quality if Positiv Turismo is able to offer such a trip without extra charge from its selection of programs. You must submit any such claim in writing to Positiv Turismo within 10 days of being notified of the price increase or change in services rendered. Positiv Turismo will then promptly refund your payment.
4.2. Additional Costs
All additional costs that arise as a result of, or in connection with, changes in the itinerary that are caused by the client are to be paid by the client immediately to the respective claimant. Such additional costs include, but are not limited to, costs arising because of the client’s late arrival for a flight or scheduled tour or because a hike has to be aborted prematurely because of a client’s illness or accident (e.g., costs for airlifting a client, hospital or hotel costs for a client or travel companion).
5. Reservation Changes or Cancellation by Client
The client can cancel the reservation at any time prior to the start of the trip. Effective date of cancellation shall be the date on which Positiv Turismo receives notice of said cancellation in writing. If the client cancels the reservation or fails to start the trip, the operator is entitled to damages for travel arrangements that have already been made or costs that have already been incurred. Calculation of damages shall take into account efforts made on behalf of the client and compensation for services that could have been used for other clients instead. The operator is entitled to charge the client for such damages in proportion to the proximity of the cancellation date to the start date of the trip and prorated as a percentage of the total trip cost according to the schedule below.
For domestic flights, 35% of the trip price is charged if the airline ticket was already issued (approx. 7 days prior to departure date). In addition, all conditions imposed by the individual airlines apply.
5.2. Tours, Rental Car Tours, and Amazon Lodges
In addition to the handling fee, the following cancellation rates apply:
Up to 30 days prior to start date of the trip: 20% of the total package price
Between 29 to 15 days prior to start date of the trip: 60% of the total package price
Between 14 to departure date of the trip: 100% of the total package price
5.3. Galapagos Cruises
In addition to the handling fee, the following cancellation rates apply:
Up to 60 days prior to start date of the trip: 20% of the total package price
Between 59 to 31 days prior to start date of the trip: 50% of the total package price
30 days and later prior to start of the trip: 100% of the total package price
Special cancellation rates apply to yacht charters. In addition, the operator can charge the client for all actual additional costs arising because of the client’s cancellation (applies to all trips). It is the client’s burden to prove that no damage or smaller damage than assessed by the operator has occurred. Please note that failure on the part of the client to start a trip, without express written cancellation notice, does not constitute a cancellation of the contract and that the client therefore remains liable for the full cost of the trip.
5.4. Assignment of Contract
Up until the start date of the trip, the client can assign a third party to take over his/her rights and obligations under the contract and to participate in the trip in his/her stead. This, however, does create actual additional costs, which are charged to the client. The operator can refuse to allow a third party to participate in the trip if the third party does not meet requirements of the trip or if government laws or regulations prohibit the participation of said third party. For certain trips, rebookings are not possible, because of specific terms of transportation, or can only be executed up to a certain date prior to departure. If the designated third party is named too late or cannot participate in the trip for any of the reasons named above, the client’s third-party assignment is invalid and considered a cancellation of the trip.
6. Cancellation and Termination by the Operator
The operator is entitled to cancel the reservation prior to the start of the trip or to terminate the contract after the start of the trip under the following circumstances: If Positiv Turismo receives information about the client prior to the start of the trip that suggests the client may cause a significant disturbance during the trip. In such a case, the conditions concerning cancellation, rebooking, or assignment of contract shall apply.
6.1. Without Advance Notice
If the client significantly interferes with the trip, ignoring admonitions from the operator, or fails to live up to the conditions of the contract to such an extent that termination of the contract is justified. This applies specifically if the client does not meet physical requirements as outlined in the itinerary or has health issues that limit his/her participation in the trip. If the operator initiates termination of the contract under these terms, the operator is entitled to keep all payments made for the trip. However, the operator must refund costs that he has not actually incurred and payments or credits that he has received from reselling the same services to another party.
6.2. Termination of Contract Due to Extraordinary Circumstances
If a trip is significantly impeded, threatened or limited because of unforeseen acts of God that could not be anticipated at the time of reservation, either Positiv Turismo or the client has the right to rescind the contract. If the contract is terminated, Positiv Turismo is entitled to receive appropriate compensation for all services already rendered or services that must still be performed to complete the trip. Moreover, Positiv Turismo is obligated to take all necessary measures, specifically if the contract includes return transportation, to provide said transportation. Additional costs arising from said transportation are to be divided equally between the two parties. All other additional costs are to be born by the client.
If the services are not performed as per contract, the client is entitled to redress. Positiv Turismo can refuse redress that is excessive in nature. Positiv Turismo may also choose to compensate the client with services in kind.
7.2. Price Reduction
For that portion of a trip that is not performed in accordance with the contract, the client can request a proportional reduction in the price of the trip. The reduction shall correspond to the percentage of the value reduction of the actual trip value versus the contractual trip value (without defect) at the time the reservation was made. No price reduction will be given if the client fails to report the defect.
7.3. Termination of the Contract
If a trip is significantly affected by a defect and Positiv Turismo fails to provide compensation within a reasonable amount of time, the client has the legal right to terminate the contract in writing to protect his/her legal interests and the preservation of evidence. The same is true if a defect is so serious that Positiv Turismo has to concede that a client cannot reasonably be expected to participate in a trip. It shall not be necessary to determine a reasonable deadline for redress if redress is impossible or if Positiv Turismo refuses redress or if immediate termination of the contract is justified due to a special interest on the part of the client. The client will owe Positiv Turismo compensation for that part of the trip that he/she actually participated in.
Without prejudice to any price reduction or contract termination, the client preserves his/her right to claim nonperformance damages unless the defect was caused by circumstances for which Positiv Turismo cannot be held accountable.
7.5. Deadline for Claims
Clients who want to lodge a claim because of a defect or request a refund or compensation must submit their claim to Positiv Turismo in writing within 30 days after the ending date of the contract. Claims must be accompanied by pertinent documentation and/or supporting evidence from the tour guide, the local representative, or the service provider.
7.6. Non-Compliance with Terms
If you do not comply with the terms of paragraphs 7.1. – 7.6. , you forfeit all rights, specifically all rights to redress, price reduction, termination of the contract, and damages.
8. Liability of Positiv Turismo
Positiv Turismo will refund the value of agreed-upon services that were not or inadequately performed and your additional expenses if your tour guide, local representative, or service provider was unable to provide an equivalent service on the spot (this excludes acts of God).
8.2. Limitation of Liability, Liability Exclusions
8.2.1. International Agreements and National Laws
If international agreements or national laws limit the extent of damages awarded for nonperformance or unsatisfactory performance of contractual obligations or if they exclude such damages entirely, Positiv Turismo can invoke these agreements or laws and is only liable within the scope of said agreements or laws. International agreements and national laws limiting or excluding liability exist particularly in the transportation industry.
8.2.2. Liability Exclusions
Positiv Turismo is not liable if the nonperformance or unsatisfactory performance of contractual obligations is due to the following causes:
a) omissions on the part of the client prior to or during the trip
b) unforeseeable or non-applicable omissions on the part of a third party that is not party to the contractual obligations
c) acts of God or events which Positiv Turismo, its agents, or service providers could not anticipate or avoid despite due diligence
In these cases, Positiv Turismo is not liable for damages.
8.2.3. Liability Limitation to Twice the Price of the Trip
a) Package tours: For any damage other than personal injury (e.g., property damage or financial loss) that occurs as a direct result of nonperformance or unsatisfactory performance of contractual obligations, Positiv Turismo’s liability is limited to twice the price paid per person per trip, unless the damage was intentional or the result of gross negligence.
b) For all other services, liability for all damages is limited to twice the price paid per person per trip.
c) Lower liability limitations or liability exclusions may apply if set forth in international agreements, national laws, or these general terms and conditions.
8.2.4. Wasted Vacation Time, Spoiled Vacation etc.
The operator expressly does not assume any liability for wasted vacation time, spoiled vacation experiences or frustration etc.
8.3. Activities during the Trip
It may be possible to book local activities or excursions outside the contractual travel itinerary, and such activities or excursions may carry inherent risks. The client assumes all liability for participation in such activities or excursions. For all activities and excursions organized by Positiv Turismo, the terms and conditions outlined here apply. If activities or excursions are organized by a third party and your tour guide or Positiv Turismo have merely acted as an intermediary, Positiv Turismo has no contractual obligation for these activities or excursions and the general terms and conditions outlined here do not apply. In these cases, you will sign a contract with the third party locally.
To reduce the risks associated with a trip, we recommend that you take out a travel insurance policy (emergency travel expenses, loss of luggage, accident etc.) if you do not have sufficient insurance coverage for such events.
10. Entry Formalities
It is the client’s responsibility to make sure that he/she satisfies all passport, visa, currency, and health regulations at his/her own cost. If any problems arise as a result of the client’s failure to satisfy such regulations, the client is financially liable, even if such regulations were changed after booking. If at all possible, Positiv Turismo will inform its clients, prior to the start of the trip, of any pertinent changes to the regulations outlined in the travel itinerary.
11. Applicable Law and Jurisdiction
The laws of Ecuador govern the legal relationship between the client and Positiv Turismo. Quito, Ecuador, is the exclusive venue for all legal claims against Positiv Turismo Cia. Ltda.
12. Nullification of Individual Terms
If individual terms of the reservation contract become null and void, the contract in its entirety does not become null and void.