Terms and conditions of use for the Ecotraveller Ecuador web


Ecotraveller Cia. Ltda. Offers an electronic booking platform that can be accessed through the website www.ecotravellerecuador.com. Through it, visitors can book tourist products directly from operators and community tourism centers in Ecuador. Operators and community tourism centers have the opportunity to offer their tourism products to potential customers and conclude contracts directly with the end user at their own risk.


WHO OPERATES THIS SITE?
Ecotraveller Cia. Ltda. Provides a website or electronic booking platform for travelers and tourism operators that includes content, images, videos, subpages, services and other information. To contact Ecotraveller cia. ltda. You can do it through the email info@ecotravellerecuador.com or by phone +593 62 711 800.

Applicable Legal Jurisdiction
The exclusive legal jurisdiction is Esmeraldas, Ecuador. The law of the Republic of Ecuador will be applied excluding international conventions or agreements. If you as a consumer or operator are located in a place other than Esmeraldas, Ecuador, or your usual place of residence is in another country, the application of the binding exclusive legal jurisdiction will not be affected.

Customer or consumer
Any natural person that accesses tourist products that are offered through the Ecotraveller Cia. Ltda.

Suppliers
Tour operators or Community Tourism Centers that offer their own products through the Ecotraveller Cia. Ltda. Platform, duly registered by the Ministry of Tourism of Ecuador and that comply with all regulations applicable to their activity.


PART 1. GENERAL CONDITIONS - USE OF THE ELECTRONIC RESERVATION PLATFORM

1. Acceptance of the terms and conditions Customers and in general users of the electronic booking platform provided by Ecotraveller Cia. Ltda. Accept the terms and conditions by visiting their website www.ecotravellerecuador.com. By booking tourist products through the electronic reservation platform, customers agree to have read and understood the applicable terms and conditions.

2. Terms and conditions of Ecotraveller Cia. Ltda. And suppliers. Users when booking tourist activities or products at www.ecotravellerecuador.com accept the conditions established by Ecotraveller Cia. Ltda. as well as the additional conditions provided by suppliers.

3. Requirements for use The information provided through the website is freely accessible upon acceptance of the established terms and conditions. Users who make reservations on the platform need to have the true information requested in the reservation forms and the data to process charges in the required cases. The established offer is binding for Ecotraveller Cia. Ltda. Only for the activities operated by it. The offer of tourist products from suppliers is not binding on Ecotraveller Cia. Ltda. But is directly responsible for the supplier.

4. Scope of the terms and conditions The terms and conditions of use provided by Ecotraveller Cia. Ltda. As well as its privacy policy is applicable for all forms of use of the website. As previously established, the use of the website is allowed for all users who fully understand and accept the terms and conditions that govern it.

5. Reservation and collection process
5.1 Reservations of tourist products are automated through the electronic marketing channel. Clients enter the required data in the reservation form and register as participants of the activity. For activities confirmed with fixed dates, payment by credit card is enabled immediately for the customer to confirm and finalize their reservation.
5.2 Depending on the booking conditions of the tourist product, payment by credit card will be enabled at the time the activity is confirmed by the corresponding date. This means that for activities with a minimum of preset customers, payment by credit card will only be enabled once the number of reservations required for the corresponding date confirms the activity.
5.3 Customers can also make reservations directly at the physical outlets of Ecotraveller Cia. Ltda. By accessing the cash payment method.
5.4 The suppliers of tourist products will receive notifications via email each time a participant reserves a quota for one of their activities. This reservation is considered accepted if you do not receive a decline from the supplier for up to 24 hours prior to the closing of the reservation period for your tourist product or service.
5.5 Once the reservation deadline established by the maximum cancellation date for an activity is completed, a report will be sent to the activity operator to reconfirm the participants for the specific activity and the provider will reconfirm its availability for the participants.
5.6 Given the service and the tourist activity, both tourists and suppliers will be asked for feedback through a survey and qualification form.

6. Cancellation Policy
6.1 The cancellation policy is established by the provider for each of its published activities.
6.2 Cancellations received after the agreed closing date of confirmation of tourist services or products with a minimum of participants will not be refundable.
6.3 If the activities are cancelled for extraordinary reasons of force majeure such as weather conditions, strikes, war or other unpredictable and unavoidable circumstances that represent a level of danger to carry out the activity, the provider may cancel the activity by reimbursing the values received by said activity. Reserve in full.
6.4 For ongoing activities that are cancelled for extraordinary reasons of force majeure such as weather conditions, strikes, war or other unpredictable and unavoidable circumstances that represent a level of danger to end such activity, the provider is responsible for rescheduling or cancelling the activity. If it is rescheduled, the provider must offer the same activity with a different date or other activity that compensates for the value to the activity originally reserved. In case of being canceled in full, the values received by said reservation would be fully refunded.
6.5 In case of extraordinary cancellation the provider is responsible for giving immediate notice to all parties involved including tourists, Ecotraveller Cia. Ltda. And others.
6.6 In situations that represent negligence or no show by the supplier, Ecotraveller Cia. Ltda. Will take all the actions at its disposal to enforce the rights of tourists making use of the institutions arranged for this purpose. Additionally, it is at the discretion of Ecotraveller Cia. Ltda. The termination of the promotion and elimination agreement of all activities published on the electronic platform by the supplier.

7. Limitations of warranty and liability
7.1 Ecotraveller Cia. Ltda. Assumes contractual responsibility only for tourist activities and products operated directly. Which will be possible to recognize by the seal of own operation visible in its description.
7.2 Ecotraveller Cia. Ltda. offers users of the website guarantees only as described in section 6.6 and 11 described in PART 2 of this contract.
7.3 Ecotraveller Cia. Ltda. assumes no guarantees for damages of any kind caused by viruses and other malicious programs that may contaminate your website and digital infrastructure.
7.4 The availability of the website and its functions as well as the accuracy, timeliness, reliability and integrity of the contents presented on the website www.ecotravellerecuador.com, are not guaranteed by Ecotraveller Cia. Ltda. And do not represent any responsibility for the company.
7.5 Ecotraveller Cia. Ltda. Assumes no responsibility for the inherent risk, damage or accidents in tourist activities or products of suppliers, except for tourism activities or products of own operation of Ecotraveller Cia. Ltda.
7.6 Ecotraveller Ecuador Cia. Ltda. Will only be liable for damages caused to third parties when it is proven intentional or gross negligence of its staff.

8. Rights to own content and suppliers
8.1 Ecotraveller Cia. Ltda. Maintains intellectual property rights over its own content published on its website including logo, informative content, website design, photographs, etc. If a third party wishes to make use of the own content of Ecotraveller Cia. Ltda. Or its suppliers, contact Ecotraveller Cia. Ltda. Who will refer the owners of said content for the processing of your application.
8.2 The supplier will be directly responsible in case of violation of copyright of third parties for the content provided for the publication of their tourist products.

9. Third party websites and applications
The www.ecotravellerecuador.com website may include links to third-party websites as well as third-party applications that allow the electronic reservation platform to operate. However, Ecotraveller Cia. Ltda. Assumes no responsibility for the use of these, content or conduct of their owners.

10. Online payments
Credit card payments for reservations through www.ecotravellerecuador.com are processed through the electronic reservation system of PeekPro (www.peekpro.com). Ecotraveller Cia. Ltda. Does not directly process any credit card information.

11. Changes in terms and conditions
Ecotraveller Cia. Ltda. Reserves the right to make changes to the established terms and conditions and to add additional terms at any time and with immediate effect for customers.



PART 2. GENERAL CONDITIONS - TOURIST OPERATORS OR COMMUNITY TOURISM CENTERS (SUPPLIERS)

1. Conditions’ scope
These terms and conditions govern the relationship between suppliers (tour operators or community tourism centers) and Ecotraveller Cia. Ltda. Which acts as an authorized and designated promoter by the supplier. Through an agreement of general conditions of use (terms and conditions) arranged for customers, Ecotraveller Cia. Ltda. Allows them to access their own tourism products and suppliers. However, under no circumstances, except for tourism products operated directly by Ecotraveller Cia. Ltda., Will Ecotraveller Cia. Ltda be considered as a contractual partner or part of any agreement through which customers acquire products from suppliers. The general terms of suppliers that are published by default make up the agreement between customers and suppliers, if the supplier wishes to provide additional terms; he must provide them directly to customers.

2. Registration
2.1 To register suppliers must provide the information requested in the electronic registration forms and accept the terms and conditions. This information will be used to verify the identity of the supplier and publish the products on the electronic reservation platform.
2.2 By accepting the conditions and terms, you guarantee that the person who enters into this contract or accepts the terms and conditions, is duly authorized and authorized by the supplier.
2.3 Suppliers may access a “guaranteed ecotourism” certification by requesting an inspection of the activity by the team of Ecotraveller Cia. Ltda. At a previously agreed cost. Suppliers can still offer their products through the platform without accessing the “guaranteed ecotourism” certification.

3. Duties of the provider
3.1 The supplier is responsible and guarantees that all the information available to publish the offer of its tourist products is true, accurate and not misleading. The supplier is responsible for updating the information published for the offer of their product, as well as customer complaints for alleged inaccuracies in the publication of the tourist product of the supplier on the electronic booking platform.
3.2 Suppliers are solely responsible for complying with tax regulations and for complying with all applicable laws and regulations when offering and providing their tourism products or services.
3.3 The price or rate of the tourist products designated by the supplier for publication on the electronic reservation platform must include all the corresponding surcharges, including the respective VAT, which will be displayed by the customer on his calculation basis.
3.4 The prices or rates of tourist products published on the electronic booking platform must be competitive for those offered by the provider's own marketing channels.
3.5 The provider is responsible for offering for publication all the information required by the clients to be able to carry out the execution of the service satisfactorily. For example, clothing, equipment, schedule, meeting point, etc. Additionally, the information corresponding to the time limits established for the cancellation of reservations or the minimum number of participants required for the development of the activity, the same that if not achieved will have a reasonable time limit of at least 48 hours notice of cancellation of the activity to the clients.
3.6 The supplier can only offer tourist products operated directly by him on the electronic booking platform.
3.7 It is the duty of the provider to have Comprehensive Civil Liability insurance that covers its tourist operation from damages to third parties considering the type and risk of its activities, and without exclusion of coverage for complementary service providers that are part of its operation.
3.8 It is the duty of the supplier to corroborate your email and the reservation notifications sent by Ecotraveller Cia. Ltda. Daily and decline the reservation by contacting directly with Ecotraveller Cia. Ltda. If you do not have the corresponding availability.
3.9 The supplier must verify the reservation voucher granted to the client, which guarantees his participation and payment of the tourist product.
3.10 It is the duty of the supplier to grant his client an invoice that complies with the corresponding tax regulations for the purchase of his product covering the total value offered on the electronic booking platform and detailing the corresponding VAT.

4. Rights to own content and suppliers
4.1 Ecotraveller Cia. Ltda. Maintains intellectual property rights over its own content published on its website including logo, informative content, website design, photographs, etc. If a third party wishes to make use of the own content of Ecotraveller Cia. Ltda. Or its suppliers, contact Ecotraveller Cia. Ltda. Who will refer the owners of said content for the processing of your application.
4.2 The provider must provide its own content for publication that does not infringe third party copyright.
4.3 The supplier authorizes Ecotraveller Cia. Ltda. To make use of the content provided to disseminate, reproduce, communicate, process, adapt, publicly copy, and make available to the public in any way the content provided for promoting tourism products.
4.4 The content owned by the provider is not for the exclusive use of Ecotraveller Cia. Ltda.
4.5 The supplier will be directly responsible in case of violation of copyright of third parties for the content provided for the publication of their tourist products.

5. Reservation process and commission collection
5.1 Reservations of tourist products are automated through the electronic marketing channel. Clients enter the required data in the reservation form and register as participants of the activity. For activities confirmed with fixed dates, payment by credit card is enabled immediately for the customer to confirm and finalize their reservation.
5.2 Depending on the booking conditions of the tourist product, payment by credit card will be enabled at the time the activity is confirmed by the corresponding date. This means that for activities with a minimum of preset customers, payment by credit card will only be enabled once the number of reservations required for the corresponding date confirms the activity.
5.3 Customers can also make reservations directly at the physical outlets of Ecotraveller Cia. Ltda. By accessing the cash payment method.
5.4 The suppliers of tourist products will receive notifications via email each time a participant reserves a quota for one of their activities. This reservation is considered accepted if you do not receive a decline from the supplier for up to 24 hours prior to the closing of the reservation period for your tourist product or service.
5.5 Once the reservation deadline established by the maximum cancellation date for an activity is completed, a report will be sent to the activity operator to reconfirm the participants for the specific activity and the provider will reconfirm its availability for the participants.
5.6 Given the service and the tourist activity, both tourists and suppliers will be asked for feedback through a survey and qualification form.
5.7 At the end of the activity, a settlement detail will be sent to the supplier including the promotion commission to be discounted. This settlement must be confirmed by the supplier to be included in the next payment date, which will be made every 15 days.
5.8 The promotion commission is calculated on the absolute value charged to customers.
5.9 Payment dates of every 15 days include all liquidations confirmed up to 7 days prior to the corresponding payment date. That is, that settlements confirmed after this closing date will be taken to be cancelled on the next payment date to the account previously indicated by the provider.
5.10 The corresponding invoice will be sent to the supplier's email by the tourist promotion service on the corresponding payment date.
5.11 The supplier may submit confirmation of settlements or claims for alleged inaccuracies up to 30 days after receiving it. Otherwise, the corresponding settlement will be considered accepted and will be disbursed on the next payment date.
5.12 Ecotraveller Cia. Ltda. Assumes no costs for receiving money that the provider's bank charges on the amounts transferred for payment of settlements.

6. Cancellation Policy
6.1 The cancellation policy is established by the provider for each of its published activities.
6.2 Cancellations received after the agreed closing date of confirmation of tourist services or products with a minimum of participants will not be refundable.
6.3 If the activities are cancelled for extraordinary reasons of force majeure such as weather conditions, strikes, war or other unpredictable and unavoidable circumstances that represent a level of danger to carry out the activity, the provider may cancel the activity by reimbursing the values received by said reservation in its entirety.
6.4 For ongoing activities that are cancelled for extraordinary reasons of force majeure such as weather conditions, strikes, war or other unpredictable and unavoidable circumstances that represent a level of danger to end such activity, the provider is responsible for rescheduling or cancelling the activity. If it is rescheduled, the provider must offer the same activity with a different date or other activity that compensates for the value to the activity originally reserved. In case of being cancelled in full, the values received by said reservation would be fully refunded.
6.5 In case of extraordinary cancellation the provider is responsible for giving immediate notice to all parties involved including tourists, Ecotraveller Cia. Ltda. And others.
6.6 In situations that represent negligence or no show by the supplier, Ecotraveller Cia. Ltda. Will take all the actions at its disposal to enforce the rights of tourists making use of the institutions arranged for this purpose. Additionally, it is at the discretion of Ecotraveller Cia. Ltda. The termination of the promotion and elimination agreement of all activities published on the electronic platform by the supplier.

7. Marketing and advertising
7.1 The supplier grants Ecotraveller Cia. Ltda. The power to promote its tourist products published on the electronic booking platform and using the information previously provided for this purpose.
7.2 Ecotraveller Cia. Ltda. has the power to execute marketing campaigns both online and physically. These advertising campaigns include but are not limited to email marketing, physical visual advertising, brochures, search engine ads, ads on third-party websites and affiliate networks, among others.
7.3 Ecotraveller Cia. Ltda. executes marketing and advertising campaigns at its discretion and assuming the cost. The cost of advertising campaigns can be shared in the case where previous agreements are established.
7.4 It is at the discretion of Ecotraveller Cia. Ltda. The announcement of the ranking and promotion of tourist products offered on the electronic reservation platform as well as its promotion through third-party websites or online affiliate networks.

8. Banking service provider, payment gateway and reservation software
8.1 The supplier authorizes Ecotraveller Ecuador Cia. Ltda. To make charges on its behalf to customers for tourist products offered through the electronic booking platform.
8.2 The supplier authorizes Ecotraveller Ecuador Cia. Ltda. To make use of collection services and reservation system provided by third parties and necessary for the transfer of funds from customers to suppliers as well as for the operation of the electronic reservation platform.
8.3 If for any reason the payment to the client of the agreed values is not carried out successfully before the use of the tourist product, Ecotraveller Ecuador will immediately inform the supplier for the cancellation of the services until the client complies with the corresponding payment.
8.4 Ecotraveller Cia. Ltda. has no responsibility for taking legal action for revoked payments of customer credit cards.

9. Information protection
The supplier guarantees that the customer information provided to him for the development of the tourism activity or product will be kept secure and will not be disclosed or used for a different purpose for which it was provided.

10. Limitation of liability
10.1 Ecotraveller Cia. Ltda. Is not responsible for temporary or permanent interruptions of the electronic reservation platform and third party services that complement its operation.
10.2 Ecotraveller Cia. Ltda. Assumes no responsibility for the inherent risk, damages or accidents in tourist activities or products of suppliers, except for tourism activities or products of own operation of Ecotraveller Cia. Ltda.
10.3 Ecotraveller Cia. Ltda. Is not responsible for inaccuracies in information transmitted through its electronic booking platform.
10.4 Ecotraveller Ecuador Cia. Ltda. Will only be liable for damages caused to third parties when it is proven intentional or gross negligence of its personnel.

11. Customer claims
In the case of claims and complaints from customers for tourist services or products made with suppliers, Ecotraveller Cia. Ltda. Will facilitate communication between the supplier and the customer in order to reach an agreement that satisfies both parties. Customer complaints and complaints will be accepted up to 7 days after the date on which the tourist service or product took place. In situations where the supplier does not demonstrate intention to reach an agreement with the dissatisfied customer, Ecotraveller Cia. Ltda. Will proceed according to point 6.6 of this agreement and may additionally withhold the values paid for said tourist service or product in case it does not have been disbursed until that time.

12. Term and contract remission
12.1 The contract between Ecotraveller Cia. Ltda. And the supplier is concluded for an indefinite period until one of the parties expresses their desire for seclusion.
12.2 For the recession of the contract, it is necessary that the parties give notice to their counterpart and once there are no outstanding obligations, the respective contract will be terminated.
12.3 In the event that there are pending reservations, it is at the discretion of the provider to offer the tourist service or products within the conditions of this contract and to terminate it after this last service. Otherwise, if the provider does not wish to comply with the pending reservations, he must express it prior to the closing date agreed in the booking conditions and terms.
12.4 Ecotraveller Cia. Ltda. Will terminate the contract and the publication of tourism products from suppliers that do not update their enabling legal documentation when it is required.
12.5 Ecotraveller Cia. Ltda will terminate the contract in cases that it considers fraudulent activities by suppliers and in pursuit of the protection of customers and other suppliers that are part of the electronic reservation channel.

13. Amendments and modification of the contract
13.1 Ecotraveller Cia. Ltda. Reserves the right to make modifications to the terms and conditions of this contract, as well as to add new terms.
13.2 Ecotraveller Cia. Ltda. Will notify the suppliers of the modifications made by email to the contact provided by the supplier in its registration. In case of not accepting the modifications to the contract, the suppliers may terminate the contract by notifying Ecotraveller Cia. Ltda. Of their will. At the end of the period of 15 days of being notified, Ecotraveller Cia. Ltda. Will consider the modifications accepted in case of not receiving notification that states otherwise from the supplier.