Legal Terms & Conditions

The Contract

The following articles take effect between the following two parties:

Article 1 – Participants in the travel

– The receptive travel agency ITK travel (legally registered under the name of Incatrek SA) domiciled in Quito, Ecuador, offering tours, stays, adventure, trekking, cultural or luxury trips in the Andes, in the Amazonian forest, on the Pacific coast as well as in the Galápagos Archipelago – Ecuador –.
– The customer wishing to buy a package for a trip / stay / tour in Ecuador or the Galápagos from the agency Incatrek SA (ITK voyage).

Article 2 – Purpose of the contract.

– The customer contracts with the agency Incatrek SA (ITK voyage) the purchase of a tourist service on the Ecuadorian territory (Amazonia, Andes, Pacific coast as well as the Galápagos archipelago) for a tour, stay or trekking trip, adventure, cultural or luxury respecting the safety and quality standards imposed by the Ecuadorian law.

Article 3 – Duration of the contract.

– The contract takes effect upon acceptance of the offer between Incatrek SA (ITK travel) and its client and lasts until the last day of the tour, stay or trip contracted.

Article 4 – Obligations of parties

– Incatrek S.A:
– The incoming travel agency Incatrek SA must be legally registered in the Companies Registry of Ecuador and, therefore, must be authorized to exercise this profession in Ecuadorian territory.
– The Incatrek travel agency (ITK travel) must provide the customer with all the information necessary for the smooth running of the stay / trip / tour in Ecuador, the Andes, the Amazon, the coast or the Galápagos.
– In the case of a sale of service to a private client, the Incatrek travel agency has the responsibility and the obligation to notify the family, the insurance company as well as the embassy of the client in the event of ‘accident. The travel agency ITK voyage is in no way responsible for injuries or death caused by the client in a state of intoxication, in a situation of altercation or any other circumstance caused by the fault of the client.
– In the case of the sale of a service, trip, stay or tour to a professional clientele (travel agency, tour operators) in Ecuador, the Andes, the Galápagos, on the coast or in Amazonia, the agency Incatrek travel is responsible for notifying the professional intermediary in the event of an accident involving one of its clients entrusted to the agency, in Ecuador.
The customer:
– The client must understand and legally accept the risks involved in practicing extreme sports such as glacier climbing and trekking in the Andes, rafting, canyoning, snorkelling and diving in the Galápagos and/or the Pacific coast , and any other activity in direct contact with nature, in Ecuador.
– The customer must have travel insurance valid until the last day of his stay, tour or trip to Ecuador. In the event of the absence of this document, the latter must declare it to the Incatrek travel agency and thus release the travel agency from any liability for accidents, injuries, death or physical problems that may arise during their tour. , stay or trip to Ecuador.
– The customer must be in good standing with his travel authorization documents to return to Ecuador. (Passport, Visa…)

– Article 5 – Deposit and confirmation of the tour, stay or trip

– The reservation of a tour, stay or trip trekking, adventure, cultural or luxury, in Ecuador, in the Andes, in the Galápagos, on the Pacific coast or in Amazonia will be made by the receptive travel agency Incatrek SA (ITK trip) only upon receipt of the deposit of 30% of the total price of the stay which must be paid at the time of confirmation.
– If the confirmation of purchase of the tour, stay, trip to Ecuador takes place less than 60 days before the departure date of the stay, the total payment of the service must be paid at the time of booking.

– Article 6 – Payment for the tour, stay or trip

– The total balance of the price of the tour, stay or trip to Ecuador must be paid in US dollars no later than 60 days before the start of the journey in Ecuador. Otherwise, the Incatrek travel agency will consider the tour, stay or trip to Ecuador or Galápagos as canceled and will therefore apply the cancellation penalties stipulated in article 7.

– Article 7 – Cancellation of the circuit, stay, trip by the customer

– The cancellation of the circuit, stay or trip to Ecuador must be made in writing and will be effective upon receipt of the writing by the Incatrek travel agency.

– If the agency receives confirmation of cancellation of the circuit, stay or trip to Ecuador from the client more than 30 days before the scheduled date of the circuit, trip or stay, the 30% deposit will be retained by the Incatrek travel agency.

– If the Incatrek travel agency receives confirmation of cancellation of the tour, stay or trip to Ecuador less than 30 days before the scheduled start of the stay, the entire value of the stay will be retained by the Incatrek travel agency.

– In the event that the Incatrek travel agency had to modify the itinerary of the stay, circuit or trip to Ecuador due to a case of force majeure such as war, strike, demonstration, terrorism, fire, natural disaster etc… l The incoming travel agency Incatrek SA will have no obligation to compensate the customer.

– In the event that the Incatrek travel agency (ITK travel) had to modify the itinerary of the tour, stay or trip to Ecuador due to operational reasons such as vehicle problems, mechanical problems etc, the responsibility lies with the tour operator, ie the company physically operating the stay (cruise operator in Galapagos, company of drivers etc…). In this case, this company will have to offer an alternative solution and/or reimburse the customer for the amount lost.

– Article 8 – Transferability of the reservation.

– The customer can assign his trip to Ecuador to a third party insofar as the Incatrek travel agency (ITK voyage) is informed of this more than 15 days before the arrival date. The new traveler will then be jointly and severally liable for the obligations provided for in this contract.
– Responsibility of the traveler

– Article 9 – Transport to the meeting point at the start of the tour or program

– The customer is responsible for arranging his stay in Ecuador up to the meeting point marking the start of the service of the Incatrek SA travel agency (Quito or Guayaquil airport).

– Article 10 – Baggage

– During air transfers, the customer’s luggage is placed under the sole responsibility of the operating airline. Therefore, any loss, damage or theft of baggage must be handled directly between the customer and the airline.

– During the stay, circuit or trip to Ecuador, the customer is responsible for his own luggage.

– Article 11 – Jurisdiction and trial

In case of dispute, the parties will have to rely on the civil judge of the city of Quito and the procedure of the Ecuadorian civil code.