Booking Terms and Conditions 2021 - 2022
General Terms and Conditions
Hereinafter Pushaq will be referred as the “Agent” and guests will be referred as the “Client”.
Pushaq business model is based on ethical and simple rules that are aimed to protect the Client’s and Agent’s interest. The Agent believes that regulations are essential to create a fair business environment and relationship in case of unforeseen situations. By confirming a tour with Pushaq, clients agree and accept the following terms and conditions.
Confirmation of services
The Agent guarantees Client’s services and tours by diligently coordinating and supervising the sales offer as selected by the client.
The Agent guarantees the price offer as soon as the tour or service is paid. The client must make an advance payment or deposit in the amount of 25% of the total invoice value at the time of the booking in order to confirm the tour. The agent accepts payments with major credit cards and wire transfers.
The remaining and final payment must be received by the Agent no later than 90 days before the tour starts. If the tour or service takes place within the next 90 days of confirmation, full payment is due at the time of reservation.
Cancelations and refunds
In the event of a cancelation requested by the Client or the Agent, the following terms apply:
If client unilaterally decides to cancel the tour or services over 90 days of the tour initial date:
Deposit is nonrefundable, but may be transferred to future tours if local providers accept a chance of dates. The agent will do every possible effort to negotiate the change of dates.
If client unilaterally decides cancel the tour or services within 90 days of to the tour date:
All payments due at the time of the Agent receives the Client’s cancelation are nonrefundable unless local providers accept to partially refund payments already made. Nevertheless, credit card charges and transfer fees will apply.
All client cancelations need to be sent by email to jose@pushaq.com and email reception notice by a Pushaq representative is required to enforce the cancelation requested. Without an email confirmation from a Pushaq representative cancelations are not considered valid.
The agent can cancel the tour or service contracted unilaterally only under the following circumstances:
The client fails to comply with deposit for more than 7 days after the tour confirmation.
The client fails to comply with remaining payments for more than 7 days after the due dates detailed in the client’s invoice. The local provider or operator has ceased to exist or endures problems beyond the control of the agent.
In this case, the agent will intercede on behalf of the client within the Ecuadorian law framework and legal authorities to claim all payments made to the local operator.
In these cases, travel insurance with trip cancelation will normally cover the eventual losses that clients endure due to unforeseen situations either personal or beyond their control.
The agent will reimburse all client’s payments that have not been sent to local providers at the time of cancelation, excluding credit card or money transfer fees, credit card fees normally account up to 5 % of the value paid.
Rules and regulations for tour operation.
Pushaq offers tours to diverse points of Ecuador, the Coast, Highlands, Amazon and Galapagos which are accepted by the Client under the following terms and conditions:
a) Confirmations are only valid once the Agent receives client’s payment.
b) Duration and service or product inclusions apply as stipulated in the client’s invoice.
c) The Agent’s services and products contracted comply with Ecuadorian Laws and regulations.
d) Lodging, meals, entries and guides are subject to the specific itinerary confirmed by clients and are subject to change depending on availability or local providers and tour dates.
e) Accommodation is quoted on double occupancy basis. Single supplements are applied as double charge or can also be confirmed under willing to share policies, if available.
f) Clients are accompanied by local guides who are able to communicate in English or German. Every tour has different levels of activities. Therefore, Clients must be physically qualified to participate in our tours. Special consideration have to be requested in advance.
g) The value of the tour includes taxes ordered by law. Taxes enforced after confirmation will apply.
h) The activities, schedules and itineraries are subject to change depending on weather conditions, social or political turmoil or force majeure circumstances. Example: Eruption of a volcano, landslides, strikes, interruption of ways, and other causes beyond agent’s control.
i) The agent reserves the right of admission without compensation and/or reimbursement if the client has not fulfilled the following obligations:
i.1) Subscribed and paid the total value of the tour package contracted.
i.2) Have valid passports, travel insurance and send information requested by Agent.
i.3) To be of legal age, and in the case of clients younger than 18 years old, travelers must be accompanied by a person of legal age who is be responsible for the minor.
i.4) Contract health and travel insurance for the entire extent of the tour. If extreme sports (diving) are contracted, emergency evacuation insurance is also mandatory. Trip cancelation insurance should be purchased after confirmation of the tour. This may help clients who endure international flight delays and cannot arrive on time.
i.5) During our tours clients must conduct themselves with good manners and behavior to guarantee the normal development of the tour activities. Local providers have the authority to disqualify clients who do not obey the rules of this agreement.
i.6) Clients must always follow rules and schedules specified by local providers in Ecuador.
i.7) Local service providers reserve the right to suspend the tour if our client’s health is at risk of has been affected by contagious diseases such as salmonella, hepatitis, smallpox, or other illnesses that may pose a threat to our clients or other people.
Waivers and Responsibility
Risks involved in traveling
Due to the nature of our remote destinations with high and low altitudes, where tours offered by the Agent may include some demanding conditions. The clients declare to be responsible for their own wellbeing. The agent will not be responsible for unlikely events such as illnesses, injuries, or death since the client is voluntarily engaging in traveling activities at their own risk. This agreement discharges the Agent and its employees from any and every legal responsibility arising from the participation of clients in the tours offered by the agent.
Complaints
In the case of dissatisfaction with the services offered, client must notify the agent immediately by email in the attempt to resolve the problem as soon as possible and within the tour dates. If this is not possible, the client has the right to present a formal complaint in writing with complete details and information about the problem endured. Claims are accepted up to 15 days after the end of the tour. The agent will investigate the complaint with providers and will look for the appropriate compensation if the problem happened due to negligence or failure from the service provider, valid refunds are assessed on prorate basis. After a refund, compensation or substitution has been accepted by the client, this acceptance is considered a resolution to the claim presented by the client’s to his or her full satisfaction.
Disputes
If a legal dispute arises from the contact of services with the agent, this will be ruled by a neutral mediator of the Chamber of Commerce. Yet the maximum refund that the Agent will agree to reimburse in case of ruling in favor of the client is the total amount paid by the client. This agreement may be modified by the Agent after confirmation due to changes in law or local regulations.
Governing law.
Pushaq is legally established and authorized by Ecuadorian laws to sell and confirm tourism activities. This includes a wide range of services detailed in the Agent’s website and offers. For e-commerce functionality, Web users accept that our website requires cookies.