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Phone: +593 9 640 744 40 Email: quintaesencia.travel@outlook.comTERMS & CONDITIONS
Individual FIT Bookings
Contracting Parties
These Terms and Conditions are legally binding between the company named on the quotation and confirmation documents, herein after referred to as QUINTAESENCIA TRAVEL EXPERIENCES, each referred to in these Conditions as a “Party”, or together as “the Parties”.
Background:
Our Services are provided to you in a business-to-business capacity.
This Agreement governs any reservation for accommodation, transport, services, amenities and/or facilities (“Services”) and the terms on which we authorise you to make onward sales of those Services.
1.Bookings
1.1 The Operator may request Services with QUINTAESENCIA TRAVEL EXPERIENCES by accepting our quote in writing delivered to QUINTAESENCIA TRAVEL EXPERIENCES, but the contract between QUINTAESENCIA TRAVEL EXPERIENCES and the Operator is formed when:
(a)QUINTAESENCIA TRAVEL EXPERIENCES receives from the Operator the deposit amount as set out in clause 2.1 below.
(b)QUINTAESENCIA TRAVEL EXPERIENCES confirms the Operator's request by sending to the Operator a written form of confirmation.
1.2 Each order which is so accepted by QUINTAESENCIA TRAVEL EXPERIENCES shall constitute an individual contract between QUINTAESENCIA TRAVEL EXPERIENCES and the Operator (“Booking”). Each Booking shall be subject to the terms and conditions set out in these Conditions.
1.3 This Agreement shall override any contrary different or additional terms or conditions (if any) contained on or referred to in an order form or other document or correspondence from the Operator and no additional alteration or substitution of these Conditions will bind QUINTAESENCIA TRAVEL EXPERIENCES or form part of any Booking unless they are expressly accepted in writing by a person authorised to sign on QUINTAESENCIA TRAVEL EXPERIENCES's behalf.
2.Price and Payment
2.1 The Operator shall pay a deposit, in the amount as set out in the quotation, at the point of Booking.
2.2 The balance of the purchase price must be received by QUINTAESENCIA TRAVEL EXPERIENCES by the date set out in the quotation.
2.3 QUINTAESENCIA TRAVEL EXPERIENCES shall be entitled to charge the Operator a surcharge at any time in the event of a fluctuation in exchange rates or in the event of the imposition or increase of any dues, levies or taxes or fees arising from the result of governmental action (including, but without limitation, an increase in VAT).
3.Obligations Of The Operator
3.1 The Operator undertakes and warrants to QUINTAESENCIA TRAVEL EXPERIENCES that it shall:
3.1.1 ensure that its obligations under these Conditions shall be performed by competent persons with appropriate levels of qualification and experience and with reasonable diligence, skill and care;
3.1.2 not at any time do, authorise or permit any act or omission which in any way shall alter, harm, misuse or bring into disrepute, impair or adversely affect the intellectual property rights of QUINTAESENCIA TRAVEL EXPERIENCES;
3.1.3 not perform its obligations under these Conditions in any manner which is inconsistent with these Conditions and which in the reasonable opinion of QUINTAESENCIA TRAVEL EXPERIENCES is prejudicial to the reputation of QUINTAESENCIA TRAVEL EXPERIENCES;
3.1.4 comply with all relevant laws, regulations and any requirements of any regulatory, governmental or quasi-governmental body or agency.
4.Complaints
4.1 Without prejudice to the remainder of this clause 4, QUINTAESENCIA TRAVEL EXPERIENCES endeavours to provide the Services to a very high standard. However should the Operator or any of its customers encounter any issue or problem with the Services; the Operator must contact QUINTAESENCIA TRAVEL EXPERIENCES immediately who will endeavour to assist. Where possible, all such issues or problems should also be raised directly with the third party supplier at the time of arising, to enable investigations to take place and remedies (where possible / appropriate) to be implemented.
4.2 The Operator accepts that it is liable directly to its customers for the proper performance of the obligations arising from the Operator’s contract with its customers.
4.3 In the event of a complaint being made to the Operator by any of its customers in accordance with the above, relating to QUINTAESENCIA TRAVEL EXPERIENCES and in particular the inadequacy or non-provision of the Services, the Operator must notify QUINTAESENCIA TRAVEL EXPERIENCES in writing of any such claim or complaint immediately upon receipt.
4.4 Following investigation, QUINTAESENCIA TRAVEL EXPERIENCES shall advise the Operator of its decision and/or the amount of compensation(s) agreed (if any) to the Operator in writing. QUINTAESENCIA TRAVEL EXPERIENCES shall pay such amounts to the Operator as agreed between the parties. It is understood that the Operator shall not deduct the amounts relating to compensations from payments due by the Operator in accordance with clause 2, except where expressly agreed between the parties in writing.
4.5 The Operator acknowledges and accepts that QUINTAESENCIA TRAVEL EXPERIENCES is under no obligation to honour any compensation already proposed or granted by the Operator to its customer.
5.Cancellation by the Operator
5.1 The Operator may cancel the Booking at any time before the tour has begun.
5.2 Unless different terms are set out in the quotation, any such cancellation will be subject to the following charges:
5.2.1 Cancellations received between the date of booking and 61 days prior to departure will result in the loss of the deposit.
5.2.2 Cancellations received 60 - 46 days prior to departure will be subject to a cancellation charge of 25% of the tour price.
5.2.3 Cancellations received 45 - 29 days prior to departure will be subject to a cancellation charge of 50% of the tour price.
5.2.4 Cancellations received 28 - 15 days prior to departure will be subject to a cancellation charge of 75% of the tour price.
5.2.5 Cancellations received 14 days or less prior to departure will be subject to a forfeiture of the entire tour price.
5.3 Cancellation of airline tickets will be subject to the refund policy of each individual airline and may be greater than the percentages above particularly when low cost/net based fares are used.
5.4 The purchase of special event tickets is subject to the refund policy of each individual event. Please refer to the specific event policy for details.
5.5 QUINTAESENCIA TRAVEL EXPERIENCES reserve the right to charge for financial penalties, fees and losses incurred in excess of your cancellation fee as a result of cancellation.
5.6 Should the Operator only cancel some of the passengers on the Booking the charges set out in Clause 5.2 will be pro-rated per passenger. Please note that partial cancellations may result in additional supplemental charges becoming payable on the remainder of the booking.
6.Cancellation by QUINTAESENCIA TRAVEL EXPERIENCES
6.1 QUINTAESENCIA TRAVEL EXPERIENCES shall be entitled to cancel any Booking by giving notice to the Operator at any time if the Operator has failed to make any payment under the terms of these Conditions or if the Operator has failed to make a payment under the terms of any other contract with QUINTAESENCIA TRAVEL EXPERIENCES.
6.2 In the event that QUINTAESENCIA TRAVEL EXPERIENCES cancels the Booking in accordance with the provisions of clause 6.1 above QUINTAESENCIA TRAVEL EXPERIENCES shall be entitled to charge the Operator the cancellation fee as set out in clause 5.2.
6.3 QUINTAESENCIA TRAVEL EXPERIENCES reserves the right to cancel any Booking if, in its opinion, the performance of the Booking will damage the reputation or goodwill of QUINTAESENCIA TRAVEL EXPERIENCES. In such circumstances, the Operator will be entitled to a full refund of the Booking price.
7.LIABILITY
7.1 QUINTAESENCIA TRAVEL EXPERIENCES will not be responsible for any loss or damage incurred by the Operator that relates to any business activity; or which could not have been foreseen at the time the Operator made its booking in light of the information the Operator gave to QUINTAESENCIA TRAVEL EXPERIENCES at that time.
7.2 QUINTAESENCIA TRAVEL EXPERIENCES shall not be liable to the Operator, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with these Conditions; and
7.3 QUINTAESENCIA TRAVEL EXPERIENCES’s total liability to the Operator for all other losses arising under or in connection with these Conditions, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the cost of the affected booking as shown on the invoice sent by QUINTAESENCIA TRAVEL EXPERIENCES to the Operator (or the appropriate proportion of this if not all of the Services are affected).
7.4 The Operator shall indemnify on demand QUINTAESENCIA TRAVEL EXPERIENCES in full against all losses, damages, liability, claims, costs, fines, penalties and expenses (including reasonable legal expenses whether or not proceedings are brought) awarded against or incurred or paid by QUINTAESENCIA TRAVEL EXPERIENCES as a result of or in connection with any breach of these Conditions by the Operator; and/or any act by the Operator outside of the scope of these Conditions or otherwise without the authority of QUINTAESENCIA TRAVEL EXPERIENCES. This indemnity will continue to apply after these Conditions come to an end for whatever reason.
7.5 QUINTAESENCIA TRAVEL EXPERIENCES reserves the right to change the Services which is the subject of the Booking at any time prior to departure of, or during the course of, the Services if QUINTAESENCIA TRAVEL EXPERIENCES considers it necessary to do so in the light of bookings, availability or unforeseen circumstances arising.
7.6 Whilst all reasonable attempts have been made to ensure the accuracy of information, descriptions and photographs provided by QUINTAESENCIA TRAVEL EXPERIENCES, certain such material, where applicable, is provided to QUINTAESENCIA TRAVEL EXPERIENCES by its suppliers and as such QUINTAESENCIA TRAVEL EXPERIENCES cannot accept any responsibility for the accuracy of such material. Where any such material is sourced directly by QUINTAESENCIA TRAVEL EXPERIENCES then it is accurate at the time of taking, however it is foreseeable that some destinations will change in appearance due to weather or other seasonal changes or external influences, and as such QUINTAESENCIA TRAVEL EXPERIENCES cannot guarantee the accuracy of any such material.
8.General Terms Applicable To The Services
8.1 Special requests: QUINTAESENCIA TRAVEL EXPERIENCES supplies the Services to the Operator on a business to business basis. However, if any of the Operator’s customers have any special requests relating to any of the Services, the Operator should advise QUINTAESENCIA TRAVEL EXPERIENCES at the time of booking. Where applicable, QUINTAESENCIA TRAVEL EXPERIENCES will pass on all such requests to the third party supplier(s) and will endeavour to ensure that they are met, however cannot guarantee that such special requests will be met and will have no liability to the Operator or its customers if they are not.
8.2 Disability Service Requests: Any Disability Service Requests must be made, in writing to QUINTAESENCIA TRAVEL EXPERIENCES, prior to QUINTAESENCIA TRAVEL EXPERIENCES providing a quote for the Services. Any such requests made after QUINTAESENCIA TRAVEL EXPERIENCES has issued a quote, and not listed on your booking confirmation will not form part of the contract between QUINTAESENCIA TRAVEL EXPERIENCES and the Operator. QUINTAESENCIA TRAVEL EXPERIENCES will pass on any such requests but cannot guarantee that such requests will be met and will have no liability to the Operator or its customers if they are not.
9.Terms On Which We Authorise You To Sell The Product
9.1 QUINTAESENCIA TRAVEL EXPERIENCES authorises the Operator to make onward sales as principal and to act only to sell Services to consumers by entering into a direct contract with them, as principal to that contract (‘Principal Sales’). The Operator agrees to act as principal at all times when selling QUINTAESENCIA TRAVEL EXPERIENCES Services. The Operator is not authorised to act as agent on behalf of QUINTAESENCIA TRAVEL EXPERIENCES or on behalf of the third party suppliers.
9.2 In respect of all Principal Sales the Operator agrees: -
9.2.1 To ensure that any contract for any Services incorporates a set of booking conditions, which clearly set out a contract between the Operator and the purchaser of any Services for the supply of the Services before the Operator confirms any booking.
9.2.2 To create and despatch contractual documentation in such a manner so as to ensure that it is clear to the purchaser of any Services that the contract is between the Operator and the purchaser of any Services.
9.2.3 Not to represent to any consumer that their arrangements will be protected by any means of financial protection for their forward payments and repatriation in respect of the Services, arranged by QUINTAESENCIA TRAVEL EXPERIENCES.
10. Time Limits For Claims And Proceedings
10.1Any claim under the provisions of these Conditions shall be notified by the Operator to QUINTAESENCIA TRAVEL EXPERIENCES in writing within 60 days after the end of the Services. If such claims are not made within this period then QUINTAESENCIA TRAVEL EXPERIENCES shall have no liability for such defect or failure.
10.2QUINTAESENCIA TRAVEL EXPERIENCES shall not be liable to the Operator in respect of any claim, if proceedings to enforce the claim are not started by no later than 6 months after the day on which the Services should have ended under the terms of the Booking.
11. Regulations Regarding Passports, Visa, Customs Duties, Foreign Currencies And Health
11.1The Operator is responsible for the compliance by its clients with regulations in force in the visited countries regarding passports, visa, customs duties, foreign currencies and health. The Operator shall bear all liabilities arising from the failure by his clients to comply with such regulations and QUINTAESENCIA TRAVEL EXPERIENCES shall bear no liability or responsibility whatsoever in such circumstances
12. General
12.1Any typographical, clerical or other error or omission in any brochure, quotation, price list, confirmation of offer, invoice or other document or information issued by QUINTAESENCIA TRAVEL EXPERIENCES shall be subject to correction without any liability on the part of QUINTAESENCIA TRAVEL EXPERIENCES.
12.2The Operator shall not be entitled to assign this Booking or any rights or obligations arising under the terms of this Booking to any third party.
13. Confidentiality
13.1The parties agree to keep confidential the contents of these Conditions and any confidential information relating to QUINTAESENCIA TRAVEL EXPERIENCES or the Operator, save for any information which is in the public domain, otherwise than through the wrongful disclosure of either party or which is required to be disclosed by law.
14. No Partnership / Joint Venture / Agency
14.1This Agreement shall not operate to create a partnership or joint venture of any kind between the parties. Nothing contained in these Conditions shall be so construed as to constitute either party to be the agent of the other. Neither party shall have any authority to make any commitments on the other party’s behalf.
15. Data Protection
15.1Each party warrants that it will duly observe all its obligations under any relevant data protection and privacy legislation which arise in connection with these Conditions.
16. Force Majeure
16.1Neither party shall be liable for failure to perform its obligations under these Conditions if such failure results from acts, events, omissions or happenings beyond its reasonable control including, without limitation, any natural disaster, fire, insurrection, war or other hostilities, riots, civil commotion, embargoes, the requirements or regulations of any civil or military authority, explosion, accident, industrial dispute (other than that between the affected party and its employees), transportation or communication problems or any incident which is similar in nature or effect to any of the foregoing (a "Force Majeure Event").
16.2Each of the parties hereto agree to give notice forthwith to the other upon becoming aware of a Force Majeure Event, such notice shall contain details of the circumstances giving rise to the Force Majeure Event and shall take all reasonable steps to mitigate the effect of the Force Majeure Event.
16.3If by virtue of clause 16.1, the affected party shall be excused the performance of any obligation under these Conditions for a continuous period of ninety (90) days, then the other party may at any time thereafter, and provided that such performance or punctual performance is still excused, terminate these Conditions immediately by written notice to the affected party.
17. Notices
17.1Any notice to be given under these Conditions shall either be delivered personally or shall be sent by email.
18. Rights Of Third Parties
18.1A person who is not a party to these Conditions shall have no right to enforce any term of these Conditions.
19. Miscellaneous
19.1The Operator may not assign, transfer, charge or otherwise dispose of all or any of its rights or obligations under these Conditions without the express prior written consent of QUINTAESENCIA TRAVEL EXPERIENCES.
20. Jurisdiction And Severability
20.1Any claim arising out of or relating to these terms and conditions shall be referred in the first instance to mediation. If mediation is unsuccessful then the dispute shall be settled by binding arbitration in the applicable legal forum as detailed in clause 21.1 of these terms and conditions. In lieu of a personal appearance at arbitration, the arbitration may be conducted by telephonic means. Mediation is the exclusive forum in the first instance for dispute resolution and except as otherwise provided by statute, each party shall bear its own costs and expenses and an equal share of the mediator and administrative fees.
21. Applicable Law And Forum:
21.1This agreement shall be construed, interpreted and enforced in accordance with, and shall be governed by the laws of Ecuador. It is agreed between QUINTAESENCIA TRAVEL EXPERIENCES and the travellers that all lawsuits against QUINTAESENCIA TRAVEL EXPERIENCES arising under, in connection with, or incidental to the tour shall be filed, if at all, in the courts of Ecuador To the exclusion of the courts of or in any other country or jurisdiction.
v.
Cotopaxi Sancturay Lodge
Cancellations are only accepted in writing
Cancellations made after confirmation will incur a fee of 10% or the total booking amount
Cancellations made 120 days prior to arrival will incur a fee of 20% of total booking
Cancellations made 59 days prior to arrival will incur a fee of 100% of total booking amount
IDENTIFY OF THE CONTROLLER
TERMS & CONDITIONS
Individual FIT Bookings
Contracting Parties
These Terms and Conditions are legally binding between the company named on the quotation and confirmation documents, herein after referred to as QUINTAESENCIA TRAVEL EXPERIENCES, each referred to in these Conditions as a “Party”, or together as “the Parties”.
Background:
Our Services are provided to you in a business-to-business capacity.
This Agreement governs any reservation for accommodation, transport, services, amenities and/or facilities (“Services”) and the terms on which we authorise you to make onward sales of those Services.
1.Bookings
1.1 The Operator may request Services with QUINTAESENCIA TRAVEL EXPERIENCES by accepting our quote in writing delivered to QUINTAESENCIA TRAVEL EXPERIENCES, but the contract between QUINTAESENCIA TRAVEL EXPERIENCES and the Operator is formed when:
(a)QUINTAESENCIA TRAVEL EXPERIENCES receives from the Operator the deposit amount as set out in clause 2.1 below.
(b)QUINTAESENCIA TRAVEL EXPERIENCES confirms the Operator's request by sending to the Operator a written form of confirmation.
1.2 Each order which is so accepted by QUINTAESENCIA TRAVEL EXPERIENCES shall constitute an individual contract between QUINTAESENCIA TRAVEL EXPERIENCES and the Operator (“Booking”). Each Booking shall be subject to the terms and conditions set out in these Conditions.
1.3 This Agreement shall override any contrary different or additional terms or conditions (if any) contained on or referred to in an order form or other document or correspondence from the Operator and no additional alteration or substitution of these Conditions will bind QUINTAESENCIA TRAVEL EXPERIENCES or form part of any Booking unless they are expressly accepted in writing by a person authorised to sign on QUINTAESENCIA TRAVEL EXPERIENCES's behalf.
2.Price and Payment
2.1 The Operator shall pay a deposit, in the amount as set out in the quotation, at the point of Booking.
2.2 The balance of the purchase price must be received by QUINTAESENCIA TRAVEL EXPERIENCES by the date set out in the quotation.
2.3 QUINTAESENCIA TRAVEL EXPERIENCES shall be entitled to charge the Operator a surcharge at any time in the event of a fluctuation in exchange rates or in the event of the imposition or increase of any dues, levies or taxes or fees arising from the result of governmental action (including, but without limitation, an increase in VAT).
3.Obligations Of The Operator
3.1 The Operator undertakes and warrants to QUINTAESENCIA TRAVEL EXPERIENCES that it shall:
3.1.1 ensure that its obligations under these Conditions shall be performed by competent persons with appropriate levels of qualification and experience and with reasonable diligence, skill and care;
3.1.2 not at any time do, authorise or permit any act or omission which in any way shall alter, harm, misuse or bring into disrepute, impair or adversely affect the intellectual property rights of QUINTAESENCIA TRAVEL EXPERIENCES;
3.1.3 not perform its obligations under these Conditions in any manner which is inconsistent with these Conditions and which in the reasonable opinion of QUINTAESENCIA TRAVEL EXPERIENCES is prejudicial to the reputation of QUINTAESENCIA TRAVEL EXPERIENCES;
3.1.4 comply with all relevant laws, regulations and any requirements of any regulatory, governmental or quasi-governmental body or agency.
4.Complaints
4.1 Without prejudice to the remainder of this clause 4, QUINTAESENCIA TRAVEL EXPERIENCES endeavours to provide the Services to a very high standard. However should the Operator or any of its customers encounter any issue or problem with the Services; the Operator must contact QUINTAESENCIA TRAVEL EXPERIENCES immediately who will endeavour to assist. Where possible, all such issues or problems should also be raised directly with the third party supplier at the time of arising, to enable investigations to take place and remedies (where possible / appropriate) to be implemented.
4.2 The Operator accepts that it is liable directly to its customers for the proper performance of the obligations arising from the Operator’s contract with its customers.
4.3 In the event of a complaint being made to the Operator by any of its customers in accordance with the above, relating to QUINTAESENCIA TRAVEL EXPERIENCES and in particular the inadequacy or non-provision of the Services, the Operator must notify QUINTAESENCIA TRAVEL EXPERIENCES in writing of any such claim or complaint immediately upon receipt.
4.4 Following investigation, QUINTAESENCIA TRAVEL EXPERIENCES shall advise the Operator of its decision and/or the amount of compensation(s) agreed (if any) to the Operator in writing. QUINTAESENCIA TRAVEL EXPERIENCES shall pay such amounts to the Operator as agreed between the parties. It is understood that the Operator shall not deduct the amounts relating to compensations from payments due by the Operator in accordance with clause 2, except where expressly agreed between the parties in writing.
4.5 The Operator acknowledges and accepts that QUINTAESENCIA TRAVEL EXPERIENCES is under no obligation to honour any compensation already proposed or granted by the Operator to its customer.
5.Cancellation by the Operator
5.1 The Operator may cancel the Booking at any time before the tour has begun.
5.2 Unless different terms are set out in the quotation, any such cancellation will be subject to the following charges:
5.2.1 Cancellations received between the date of booking and 61 days prior to departure will result in the loss of the deposit.
5.2.2 Cancellations received 60 - 46 days prior to departure will be subject to a cancellation charge of 25% of the tour price.
5.2.3 Cancellations received 45 - 29 days prior to departure will be subject to a cancellation charge of 50% of the tour price.
5.2.4 Cancellations received 28 - 15 days prior to departure will be subject to a cancellation charge of 75% of the tour price.
5.2.5 Cancellations received 14 days or less prior to departure will be subject to a forfeiture of the entire tour price.
5.3 Cancellation of airline tickets will be subject to the refund policy of each individual airline and may be greater than the percentages above particularly when low cost/net based fares are used.
5.4 The purchase of special event tickets is subject to the refund policy of each individual event. Please refer to the specific event policy for details.
5.5 QUINTAESENCIA TRAVEL EXPERIENCES reserve the right to charge for financial penalties, fees and losses incurred in excess of your cancellation fee as a result of cancellation.
5.6 Should the Operator only cancel some of the passengers on the Booking the charges set out in Clause 5.2 will be pro-rated per passenger. Please note that partial cancellations may result in additional supplemental charges becoming payable on the remainder of the booking.
6.Cancellation by QUINTAESENCIA TRAVEL EXPERIENCES
6.1 QUINTAESENCIA TRAVEL EXPERIENCES shall be entitled to cancel any Booking by giving notice to the Operator at any time if the Operator has failed to make any payment under the terms of these Conditions or if the Operator has failed to make a payment under the terms of any other contract with QUINTAESENCIA TRAVEL EXPERIENCES.
6.2 In the event that QUINTAESENCIA TRAVEL EXPERIENCES cancels the Booking in accordance with the provisions of clause 6.1 above QUINTAESENCIA TRAVEL EXPERIENCES shall be entitled to charge the Operator the cancellation fee as set out in clause 5.2.
6.3 QUINTAESENCIA TRAVEL EXPERIENCES reserves the right to cancel any Booking if, in its opinion, the performance of the Booking will damage the reputation or goodwill of QUINTAESENCIA TRAVEL EXPERIENCES. In such circumstances, the Operator will be entitled to a full refund of the Booking price.
7.LIABILITY
7.1 QUINTAESENCIA TRAVEL EXPERIENCES will not be responsible for any loss or damage incurred by the Operator that relates to any business activity; or which could not have been foreseen at the time the Operator made its booking in light of the information the Operator gave to QUINTAESENCIA TRAVEL EXPERIENCES at that time.
7.2 QUINTAESENCIA TRAVEL EXPERIENCES shall not be liable to the Operator, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with these Conditions; and
7.3 QUINTAESENCIA TRAVEL EXPERIENCES’s total liability to the Operator for all other losses arising under or in connection with these Conditions, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the cost of the affected booking as shown on the invoice sent by QUINTAESENCIA TRAVEL EXPERIENCES to the Operator (or the appropriate proportion of this if not all of the Services are affected).
7.4 The Operator shall indemnify on demand QUINTAESENCIA TRAVEL EXPERIENCES in full against all losses, damages, liability, claims, costs, fines, penalties and expenses (including reasonable legal expenses whether or not proceedings are brought) awarded against or incurred or paid by QUINTAESENCIA TRAVEL EXPERIENCES as a result of or in connection with any breach of these Conditions by the Operator; and/or any act by the Operator outside of the scope of these Conditions or otherwise without the authority of QUINTAESENCIA TRAVEL EXPERIENCES. This indemnity will continue to apply after these Conditions come to an end for whatever reason.
7.5 QUINTAESENCIA TRAVEL EXPERIENCES reserves the right to change the Services which is the subject of the Booking at any time prior to departure of, or during the course of, the Services if QUINTAESENCIA TRAVEL EXPERIENCES considers it necessary to do so in the light of bookings, availability or unforeseen circumstances arising.
7.6 Whilst all reasonable attempts have been made to ensure the accuracy of information, descriptions and photographs provided by QUINTAESENCIA TRAVEL EXPERIENCES, certain such material, where applicable, is provided to QUINTAESENCIA TRAVEL EXPERIENCES by its suppliers and as such QUINTAESENCIA TRAVEL EXPERIENCES cannot accept any responsibility for the accuracy of such material. Where any such material is sourced directly by QUINTAESENCIA TRAVEL EXPERIENCES then it is accurate at the time of taking, however it is foreseeable that some destinations will change in appearance due to weather or other seasonal changes or external influences, and as such QUINTAESENCIA TRAVEL EXPERIENCES cannot guarantee the accuracy of any such material.
8.General Terms Applicable To The Services
8.1 Special requests: QUINTAESENCIA TRAVEL EXPERIENCES supplies the Services to the Operator on a business to business basis. However, if any of the Operator’s customers have any special requests relating to any of the Services, the Operator should advise QUINTAESENCIA TRAVEL EXPERIENCES at the time of booking. Where applicable, QUINTAESENCIA TRAVEL EXPERIENCES will pass on all such requests to the third party supplier(s) and will endeavour to ensure that they are met, however cannot guarantee that such special requests will be met and will have no liability to the Operator or its customers if they are not.
8.2 Disability Service Requests: Any Disability Service Requests must be made, in writing to QUINTAESENCIA TRAVEL EXPERIENCES, prior to QUINTAESENCIA TRAVEL EXPERIENCES providing a quote for the Services. Any such requests made after QUINTAESENCIA TRAVEL EXPERIENCES has issued a quote, and not listed on your booking confirmation will not form part of the contract between QUINTAESENCIA TRAVEL EXPERIENCES and the Operator. QUINTAESENCIA TRAVEL EXPERIENCES will pass on any such requests but cannot guarantee that such requests will be met and will have no liability to the Operator or its customers if they are not.
9.Terms On Which We Authorise You To Sell The Product
9.1 QUINTAESENCIA TRAVEL EXPERIENCES authorises the Operator to make onward sales as principal and to act only to sell Services to consumers by entering into a direct contract with them, as principal to that contract (‘Principal Sales’). The Operator agrees to act as principal at all times when selling QUINTAESENCIA TRAVEL EXPERIENCES Services. The Operator is not authorised to act as agent on behalf of QUINTAESENCIA TRAVEL EXPERIENCES or on behalf of the third party suppliers.
9.2 In respect of all Principal Sales the Operator agrees: -
9.2.1 To ensure that any contract for any Services incorporates a set of booking conditions, which clearly set out a contract between the Operator and the purchaser of any Services for the supply of the Services before the Operator confirms any booking.
9.2.2 To create and despatch contractual documentation in such a manner so as to ensure that it is clear to the purchaser of any Services that the contract is between the Operator and the purchaser of any Services.
9.2.3 Not to represent to any consumer that their arrangements will be protected by any means of financial protection for their forward payments and repatriation in respect of the Services, arranged by QUINTAESENCIA TRAVEL EXPERIENCES.
10. Time Limits For Claims And Proceedings
10.1Any claim under the provisions of these Conditions shall be notified by the Operator to QUINTAESENCIA TRAVEL EXPERIENCES in writing within 60 days after the end of the Services. If such claims are not made within this period then QUINTAESENCIA TRAVEL EXPERIENCES shall have no liability for such defect or failure.
10.2QUINTAESENCIA TRAVEL EXPERIENCES shall not be liable to the Operator in respect of any claim, if proceedings to enforce the claim are not started by no later than 6 months after the day on which the Services should have ended under the terms of the Booking.
11. Regulations Regarding Passports, Visa, Customs Duties, Foreign Currencies And Health
11.1The Operator is responsible for the compliance by its clients with regulations in force in the visited countries regarding passports, visa, customs duties, foreign currencies and health. The Operator shall bear all liabilities arising from the failure by his clients to comply with such regulations and QUINTAESENCIA TRAVEL EXPERIENCES shall bear no liability or responsibility whatsoever in such circumstances
12. General
12.1Any typographical, clerical or other error or omission in any brochure, quotation, price list, confirmation of offer, invoice or other document or information issued by QUINTAESENCIA TRAVEL EXPERIENCES shall be subject to correction without any liability on the part of QUINTAESENCIA TRAVEL EXPERIENCES.
12.2The Operator shall not be entitled to assign this Booking or any rights or obligations arising under the terms of this Booking to any third party.
13. Confidentiality
13.1The parties agree to keep confidential the contents of these Conditions and any confidential information relating to QUINTAESENCIA TRAVEL EXPERIENCES or the Operator, save for any information which is in the public domain, otherwise than through the wrongful disclosure of either party or which is required to be disclosed by law.
14. No Partnership / Joint Venture / Agency
14.1This Agreement shall not operate to create a partnership or joint venture of any kind between the parties. Nothing contained in these Conditions shall be so construed as to constitute either party to be the agent of the other. Neither party shall have any authority to make any commitments on the other party’s behalf.
15. Data Protection
15.1Each party warrants that it will duly observe all its obligations under any relevant data protection and privacy legislation which arise in connection with these Conditions.
16. Force Majeure
16.1Neither party shall be liable for failure to perform its obligations under these Conditions if such failure results from acts, events, omissions or happenings beyond its reasonable control including, without limitation, any natural disaster, fire, insurrection, war or other hostilities, riots, civil commotion, embargoes, the requirements or regulations of any civil or military authority, explosion, accident, industrial dispute (other than that between the affected party and its employees), transportation or communication problems or any incident which is similar in nature or effect to any of the foregoing (a "Force Majeure Event").
16.2Each of the parties hereto agree to give notice forthwith to the other upon becoming aware of a Force Majeure Event, such notice shall contain details of the circumstances giving rise to the Force Majeure Event and shall take all reasonable steps to mitigate the effect of the Force Majeure Event.
16.3If by virtue of clause 16.1, the affected party shall be excused the performance of any obligation under these Conditions for a continuous period of ninety (90) days, then the other party may at any time thereafter, and provided that such performance or punctual performance is still excused, terminate these Conditions immediately by written notice to the affected party.
17. Notices
17.1Any notice to be given under these Conditions shall either be delivered personally or shall be sent by email.
18. Rights Of Third Parties
18.1A person who is not a party to these Conditions shall have no right to enforce any term of these Conditions.
19. Miscellaneous
19.1The Operator may not assign, transfer, charge or otherwise dispose of all or any of its rights or obligations under these Conditions without the express prior written consent of QUINTAESENCIA TRAVEL EXPERIENCES.
20. Jurisdiction And Severability
20.1Any claim arising out of or relating to these terms and conditions shall be referred in the first instance to mediation. If mediation is unsuccessful then the dispute shall be settled by binding arbitration in the applicable legal forum as detailed in clause 21.1 of these terms and conditions. In lieu of a personal appearance at arbitration, the arbitration may be conducted by telephonic means. Mediation is the exclusive forum in the first instance for dispute resolution and except as otherwise provided by statute, each party shall bear its own costs and expenses and an equal share of the mediator and administrative fees.
21. Applicable Law And Forum:
21.1This agreement shall be construed, interpreted and enforced in accordance with, and shall be governed by the laws of Ecuador. It is agreed between QUINTAESENCIA TRAVEL EXPERIENCES and the travellers that all lawsuits against QUINTAESENCIA TRAVEL EXPERIENCES arising under, in connection with, or incidental to the tour shall be filed, if at all, in the courts of Ecuador To the exclusion of the courts of or in any other country or jurisdiction.
v.
Cotopaxi Sancturay Lodge
Cancellations are only accepted in writing
Cancellations made after confirmation will incur a fee of 10% or the total booking amount
Cancellations made 120 days prior to arrival will incur a fee of 20% of total booking
Cancellations made 59 days prior to arrival will incur a fee of 100% of total booking amount
Identity of the Controller
TERMS & CONDITIONS
Individual FIT Bookings
Contracting Parties
These Terms and Conditions are legally binding between the company named on the quotation and confirmation documents, herein after referred to as QUINTAESENCIA TRAVEL EXPERIENCES, each referred to in these Conditions as a “Party”, or together as “the Parties”.
Background:
Our Services are provided to you in a business-to-business capacity.
This Agreement governs any reservation for accommodation, transport, services, amenities and/or facilities (“Services”) and the terms on which we authorise you to make onward sales of those Services.
1.Bookings
1.1 The Operator may request Services with QUINTAESENCIA TRAVEL EXPERIENCES by accepting our quote in writing delivered to QUINTAESENCIA TRAVEL EXPERIENCES, but the contract between QUINTAESENCIA TRAVEL EXPERIENCES and the Operator is formed when:
(a)QUINTAESENCIA TRAVEL EXPERIENCES receives from the Operator the deposit amount as set out in clause 2.1 below.
(b)QUINTAESENCIA TRAVEL EXPERIENCES confirms the Operator's request by sending to the Operator a written form of confirmation.
1.2 Each order which is so accepted by QUINTAESENCIA TRAVEL EXPERIENCES shall constitute an individual contract between QUINTAESENCIA TRAVEL EXPERIENCES and the Operator (“Booking”). Each Booking shall be subject to the terms and conditions set out in these Conditions.
1.3 This Agreement shall override any contrary different or additional terms or conditions (if any) contained on or referred to in an order form or other document or correspondence from the Operator and no additional alteration or substitution of these Conditions will bind QUINTAESENCIA TRAVEL EXPERIENCES or form part of any Booking unless they are expressly accepted in writing by a person authorised to sign on QUINTAESENCIA TRAVEL EXPERIENCES's behalf.
2.Price and Payment
2.1 The Operator shall pay a deposit, in the amount as set out in the quotation, at the point of Booking.
2.2 The balance of the purchase price must be received by QUINTAESENCIA TRAVEL EXPERIENCES by the date set out in the quotation.
2.3 QUINTAESENCIA TRAVEL EXPERIENCES shall be entitled to charge the Operator a surcharge at any time in the event of a fluctuation in exchange rates or in the event of the imposition or increase of any dues, levies or taxes or fees arising from the result of governmental action (including, but without limitation, an increase in VAT).
3.Obligations Of The Operator
3.1 The Operator undertakes and warrants to QUINTAESENCIA TRAVEL EXPERIENCES that it shall:
3.1.1 ensure that its obligations under these Conditions shall be performed by competent persons with appropriate levels of qualification and experience and with reasonable diligence, skill and care;
3.1.2 not at any time do, authorise or permit any act or omission which in any way shall alter, harm, misuse or bring into disrepute, impair or adversely affect the intellectual property rights of QUINTAESENCIA TRAVEL EXPERIENCES;
3.1.3 not perform its obligations under these Conditions in any manner which is inconsistent with these Conditions and which in the reasonable opinion of QUINTAESENCIA TRAVEL EXPERIENCES is prejudicial to the reputation of QUINTAESENCIA TRAVEL EXPERIENCES;
3.1.4 comply with all relevant laws, regulations and any requirements of any regulatory, governmental or quasi-governmental body or agency.
4.Complaints
4.1 Without prejudice to the remainder of this clause 4, QUINTAESENCIA TRAVEL EXPERIENCES endeavours to provide the Services to a very high standard. However should the Operator or any of its customers encounter any issue or problem with the Services; the Operator must contact QUINTAESENCIA TRAVEL EXPERIENCES immediately who will endeavour to assist. Where possible, all such issues or problems should also be raised directly with the third party supplier at the time of arising, to enable investigations to take place and remedies (where possible / appropriate) to be implemented.
4.2 The Operator accepts that it is liable directly to its customers for the proper performance of the obligations arising from the Operator’s contract with its customers.
4.3 In the event of a complaint being made to the Operator by any of its customers in accordance with the above, relating to QUINTAESENCIA TRAVEL EXPERIENCES and in particular the inadequacy or non-provision of the Services, the Operator must notify QUINTAESENCIA TRAVEL EXPERIENCES in writing of any such claim or complaint immediately upon receipt.
4.4 Following investigation, QUINTAESENCIA TRAVEL EXPERIENCES shall advise the Operator of its decision and/or the amount of compensation(s) agreed (if any) to the Operator in writing. QUINTAESENCIA TRAVEL EXPERIENCES shall pay such amounts to the Operator as agreed between the parties. It is understood that the Operator shall not deduct the amounts relating to compensations from payments due by the Operator in accordance with clause 2, except where expressly agreed between the parties in writing.
4.5 The Operator acknowledges and accepts that QUINTAESENCIA TRAVEL EXPERIENCES is under no obligation to honour any compensation already proposed or granted by the Operator to its customer.
5.Cancellation by the Operator
5.1 The Operator may cancel the Booking at any time before the tour has begun.
5.2 Unless different terms are set out in the quotation, any such cancellation will be subject to the following charges:
5.2.1 Cancellations received between the date of booking and 61 days prior to departure will result in the loss of the deposit.
5.2.2 Cancellations received 60 - 46 days prior to departure will be subject to a cancellation charge of 25% of the tour price.
5.2.3 Cancellations received 45 - 29 days prior to departure will be subject to a cancellation charge of 50% of the tour price.
5.2.4 Cancellations received 28 - 15 days prior to departure will be subject to a cancellation charge of 75% of the tour price.
5.2.5 Cancellations received 14 days or less prior to departure will be subject to a forfeiture of the entire tour price.
5.3 Cancellation of airline tickets will be subject to the refund policy of each individual airline and may be greater than the percentages above particularly when low cost/net based fares are used.
5.4 The purchase of special event tickets is subject to the refund policy of each individual event. Please refer to the specific event policy for details.
5.5 QUINTAESENCIA TRAVEL EXPERIENCES reserve the right to charge for financial penalties, fees and losses incurred in excess of your cancellation fee as a result of cancellation.
5.6 Should the Operator only cancel some of the passengers on the Booking the charges set out in Clause 5.2 will be pro-rated per passenger. Please note that partial cancellations may result in additional supplemental charges becoming payable on the remainder of the booking.
6.Cancellation by QUINTAESENCIA TRAVEL EXPERIENCES
6.1 QUINTAESENCIA TRAVEL EXPERIENCES shall be entitled to cancel any Booking by giving notice to the Operator at any time if the Operator has failed to make any payment under the terms of these Conditions or if the Operator has failed to make a payment under the terms of any other contract with QUINTAESENCIA TRAVEL EXPERIENCES.
6.2 In the event that QUINTAESENCIA TRAVEL EXPERIENCES cancels the Booking in accordance with the provisions of clause 6.1 above QUINTAESENCIA TRAVEL EXPERIENCES shall be entitled to charge the Operator the cancellation fee as set out in clause 5.2.
6.3 QUINTAESENCIA TRAVEL EXPERIENCES reserves the right to cancel any Booking if, in its opinion, the performance of the Booking will damage the reputation or goodwill of QUINTAESENCIA TRAVEL EXPERIENCES. In such circumstances, the Operator will be entitled to a full refund of the Booking price.
7.LIABILITY
7.1 QUINTAESENCIA TRAVEL EXPERIENCES will not be responsible for any loss or damage incurred by the Operator that relates to any business activity; or which could not have been foreseen at the time the Operator made its booking in light of the information the Operator gave to QUINTAESENCIA TRAVEL EXPERIENCES at that time.
7.2 QUINTAESENCIA TRAVEL EXPERIENCES shall not be liable to the Operator, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with these Conditions; and
7.3 QUINTAESENCIA TRAVEL EXPERIENCES’s total liability to the Operator for all other losses arising under or in connection with these Conditions, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the cost of the affected booking as shown on the invoice sent by QUINTAESENCIA TRAVEL EXPERIENCES to the Operator (or the appropriate proportion of this if not all of the Services are affected).
7.4 The Operator shall indemnify on demand QUINTAESENCIA TRAVEL EXPERIENCES in full against all losses, damages, liability, claims, costs, fines, penalties and expenses (including reasonable legal expenses whether or not proceedings are brought) awarded against or incurred or paid by QUINTAESENCIA TRAVEL EXPERIENCES as a result of or in connection with any breach of these Conditions by the Operator; and/or any act by the Operator outside of the scope of these Conditions or otherwise without the authority of QUINTAESENCIA TRAVEL EXPERIENCES. This indemnity will continue to apply after these Conditions come to an end for whatever reason.
7.5 QUINTAESENCIA TRAVEL EXPERIENCES reserves the right to change the Services which is the subject of the Booking at any time prior to departure of, or during the course of, the Services if QUINTAESENCIA TRAVEL EXPERIENCES considers it necessary to do so in the light of bookings, availability or unforeseen circumstances arising.
7.6 Whilst all reasonable attempts have been made to ensure the accuracy of information, descriptions and photographs provided by QUINTAESENCIA TRAVEL EXPERIENCES, certain such material, where applicable, is provided to QUINTAESENCIA TRAVEL EXPERIENCES by its suppliers and as such QUINTAESENCIA TRAVEL EXPERIENCES cannot accept any responsibility for the accuracy of such material. Where any such material is sourced directly by QUINTAESENCIA TRAVEL EXPERIENCES then it is accurate at the time of taking, however it is foreseeable that some destinations will change in appearance due to weather or other seasonal changes or external influences, and as such QUINTAESENCIA TRAVEL EXPERIENCES cannot guarantee the accuracy of any such material.
8.General Terms Applicable To The Services
8.1 Special requests: QUINTAESENCIA TRAVEL EXPERIENCES supplies the Services to the Operator on a business to business basis. However, if any of the Operator’s customers have any special requests relating to any of the Services, the Operator should advise QUINTAESENCIA TRAVEL EXPERIENCES at the time of booking. Where applicable, QUINTAESENCIA TRAVEL EXPERIENCES will pass on all such requests to the third party supplier(s) and will endeavour to ensure that they are met, however cannot guarantee that such special requests will be met and will have no liability to the Operator or its customers if they are not.
8.2 Disability Service Requests: Any Disability Service Requests must be made, in writing to QUINTAESENCIA TRAVEL EXPERIENCES, prior to QUINTAESENCIA TRAVEL EXPERIENCES providing a quote for the Services. Any such requests made after QUINTAESENCIA TRAVEL EXPERIENCES has issued a quote, and not listed on your booking confirmation will not form part of the contract between QUINTAESENCIA TRAVEL EXPERIENCES and the Operator. QUINTAESENCIA TRAVEL EXPERIENCES will pass on any such requests but cannot guarantee that such requests will be met and will have no liability to the Operator or its customers if they are not.
9.Terms On Which We Authorise You To Sell The Product
9.1 QUINTAESENCIA TRAVEL EXPERIENCES authorises the Operator to make onward sales as principal and to act only to sell Services to consumers by entering into a direct contract with them, as principal to that contract (‘Principal Sales’). The Operator agrees to act as principal at all times when selling QUINTAESENCIA TRAVEL EXPERIENCES Services. The Operator is not authorised to act as agent on behalf of QUINTAESENCIA TRAVEL EXPERIENCES or on behalf of the third party suppliers.
9.2 In respect of all Principal Sales the Operator agrees: -
9.2.1 To ensure that any contract for any Services incorporates a set of booking conditions, which clearly set out a contract between the Operator and the purchaser of any Services for the supply of the Services before the Operator confirms any booking.
9.2.2 To create and despatch contractual documentation in such a manner so as to ensure that it is clear to the purchaser of any Services that the contract is between the Operator and the purchaser of any Services.
9.2.3 Not to represent to any consumer that their arrangements will be protected by any means of financial protection for their forward payments and repatriation in respect of the Services, arranged by QUINTAESENCIA TRAVEL EXPERIENCES.
10. Time Limits For Claims And Proceedings
10.1Any claim under the provisions of these Conditions shall be notified by the Operator to QUINTAESENCIA TRAVEL EXPERIENCES in writing within 60 days after the end of the Services. If such claims are not made within this period then QUINTAESENCIA TRAVEL EXPERIENCES shall have no liability for such defect or failure.
10.2QUINTAESENCIA TRAVEL EXPERIENCES shall not be liable to the Operator in respect of any claim, if proceedings to enforce the claim are not started by no later than 6 months after the day on which the Services should have ended under the terms of the Booking.
11. Regulations Regarding Passports, Visa, Customs Duties, Foreign Currencies And Health
11.1The Operator is responsible for the compliance by its clients with regulations in force in the visited countries regarding passports, visa, customs duties, foreign currencies and health. The Operator shall bear all liabilities arising from the failure by his clients to comply with such regulations and QUINTAESENCIA TRAVEL EXPERIENCES shall bear no liability or responsibility whatsoever in such circumstances
12. General
12.1Any typographical, clerical or other error or omission in any brochure, quotation, price list, confirmation of offer, invoice or other document or information issued by QUINTAESENCIA TRAVEL EXPERIENCES shall be subject to correction without any liability on the part of QUINTAESENCIA TRAVEL EXPERIENCES.
12.2The Operator shall not be entitled to assign this Booking or any rights or obligations arising under the terms of this Booking to any third party.
13. Confidentiality
13.1The parties agree to keep confidential the contents of these Conditions and any confidential information relating to QUINTAESENCIA TRAVEL EXPERIENCES or the Operator, save for any information which is in the public domain, otherwise than through the wrongful disclosure of either party or which is required to be disclosed by law.
14. No Partnership / Joint Venture / Agency
14.1This Agreement shall not operate to create a partnership or joint venture of any kind between the parties. Nothing contained in these Conditions shall be so construed as to constitute either party to be the agent of the other. Neither party shall have any authority to make any commitments on the other party’s behalf.
15. Data Protection
15.1Each party warrants that it will duly observe all its obligations under any relevant data protection and privacy legislation which arise in connection with these Conditions.
16. Force Majeure
16.1Neither party shall be liable for failure to perform its obligations under these Conditions if such failure results from acts, events, omissions or happenings beyond its reasonable control including, without limitation, any natural disaster, fire, insurrection, war or other hostilities, riots, civil commotion, embargoes, the requirements or regulations of any civil or military authority, explosion, accident, industrial dispute (other than that between the affected party and its employees), transportation or communication problems or any incident which is similar in nature or effect to any of the foregoing (a "Force Majeure Event").
16.2Each of the parties hereto agree to give notice forthwith to the other upon becoming aware of a Force Majeure Event, such notice shall contain details of the circumstances giving rise to the Force Majeure Event and shall take all reasonable steps to mitigate the effect of the Force Majeure Event.
16.3If by virtue of clause 16.1, the affected party shall be excused the performance of any obligation under these Conditions for a continuous period of ninety (90) days, then the other party may at any time thereafter, and provided that such performance or punctual performance is still excused, terminate these Conditions immediately by written notice to the affected party.
17. Notices
17.1Any notice to be given under these Conditions shall either be delivered personally or shall be sent by email.
18. Rights Of Third Parties
18.1A person who is not a party to these Conditions shall have no right to enforce any term of these Conditions.
19. Miscellaneous
19.1The Operator may not assign, transfer, charge or otherwise dispose of all or any of its rights or obligations under these Conditions without the express prior written consent of QUINTAESENCIA TRAVEL EXPERIENCES.
20. Jurisdiction And Severability
20.1Any claim arising out of or relating to these terms and conditions shall be referred in the first instance to mediation. If mediation is unsuccessful then the dispute shall be settled by binding arbitration in the applicable legal forum as detailed in clause 21.1 of these terms and conditions. In lieu of a personal appearance at arbitration, the arbitration may be conducted by telephonic means. Mediation is the exclusive forum in the first instance for dispute resolution and except as otherwise provided by statute, each party shall bear its own costs and expenses and an equal share of the mediator and administrative fees.
21. Applicable Law And Forum:
21.1This agreement shall be construed, interpreted and enforced in accordance with, and shall be governed by the laws of Ecuador. It is agreed between QUINTAESENCIA TRAVEL EXPERIENCES and the travellers that all lawsuits against QUINTAESENCIA TRAVEL EXPERIENCES arising under, in connection with, or incidental to the tour shall be filed, if at all, in the courts of Ecuador To the exclusion of the courts of or in any other country or jurisdiction.
v.
Cotopaxi Sancturay Lodge
Cancellations are only accepted in writing
Cancellations made after confirmation will incur a fee of 10% or the total booking amount
Cancellations made 120 days prior to arrival will incur a fee of 20% of total booking
Cancellations made 59 days prior to arrival will incur a fee of 100% of total booking amount
The travel agency Quintaesencia CIA LTDA informs its clients about the Privacy Policy regarding the processing and protection of users' personal data obtained through the purchase of services via the website www.quintaesencia.com or any of its digital purchase/sale platforms. In this regard, the data provided by users and clients as data subjects and/or legal representatives of the data subject to this website or any of its digital purchase/sale platforms will be kept strictly confidential and used in accordance with the following Personal Data Processing Policy. The use of this website or any of its digital purchase/sale platforms implies acceptance of this Privacy Policy as well as the terms and conditions when purchasing our services.
Controller's Identity:
- Name: Quintaesencia CIA LTDA Travel Agency.
- Headquarters: 10 de Agosto y Checa, Torres Building N14-14.
- Email: quintaesencia.travel@outlook.com
- Website: www.quintaesencia.com
Principles Applied in Data Processing
In the processing of your personal data, Quintaesencia CIA LTDA will apply the following principles, which are in line with the requirements of national and international data protection regulations:
- Principle of lawfulness, fairness, and transparency: Quintaesencia CIA LTDA will always require consent for the processing of personal data, which may be for one or more specific purposes detailed in this Policy.
- Principle of data minimization: Quintaesencia CIA LTDA will request only the data strictly necessary for the purpose or purposes related to travel, tours, or event tickets.
- Principle of storage limitation: Data will be retained for a defined period, up to 3 months after the client has returned to their country of residence. If you do not authorize this period for your personal data to be processed for the purposes outlined here, please indicate this by writing an email to quintaesencia.travel@outlook.com.
- Principle of integrity and confidentiality: Your data will be processed in such a way that its security, confidentiality, and integrity are guaranteed. You should know that Quintaesencia CIA LTDA takes necessary precautions to prevent unauthorized access or misuse of user data by third parties.
Obtaining Personal Data
You do not need to provide any personal data to browse www.quintaesencia.com. However, you may provide personal data in the following cases:
- When contacting us through contact forms or sending an email.
- When signing up for a subscription form or a promotional mailing service managed by the company.
- When confirming a purchase for electronic billing.
- When confirming a transaction via the payment button. This information will only be used at the time of the transaction by Quintaesencia CIA LTDA.
Your Rights
Quintaesencia CIA LTDA informs you that you have the following rights regarding your personal data:
- Request access to the stored data.
- Request rectification or deletion.
- Request the limitation of its processing.
Purpose of Personal Data Processing
When you provide your data, you are providing personal information for which Quintaesencia CIA LTDA is not responsible for its accuracy. This information includes personal data such as IP address, full name, physical address, email address, phone number, ID card or passport number, and ID issuance date. By providing this information, you consent to its collection, use, management, and storage by Quintaesencia CIA LTDA as described in this Privacy Policy.
Security of Personal Data
To protect your personal data, Quintaesencia CIA LTDA takes all reasonable precautions and follows industry best practices to avoid loss, misuse, unauthorized access, disclosure, alteration, or destruction of your data. The website is hosted on Amazon Web Services, ensuring data security by taking all necessary security measures.
Cookie Policy
This website requires the use of cookies to function properly, which is information stored in your web browser. You can consult the Cookie Policy page for all relevant information regarding the collection, purpose, and processing of cookies.
Legitimacy for Data Processing
The legal basis for processing your data is consent. To contact Quintaesencia CIA LTDA, subscribe to a promotional service, confirm a purchase, or leave comments on this website, you must accept this Privacy Policy.
Accuracy and Truthfulness of Personal Data
You agree that the data provided to Quintaesencia CIA LTDA is correct, complete, accurate, and up-to-date, and you are responsible for keeping it updated. As a user of the website, you are solely responsible for the accuracy of the data you submit to Quintaesencia CIA LTDA.