TERMS AND CONDITIONS

GALAPAGOS HIGH END TERMS AND CONDITIONS

Please carefully review these Terms and Conditions prior to booking, as they are strictly enforced. If you have any questions, please contact us for clarification before booking. All Galápagos High End customers are deemed to have read, understood, and accepted these terms and conditions before making any deposit payments.

1. Introduction
2. Booking and Payment Terms
3. Cancellation and Refund Policy
4. Itinerary Modifications
5. Medical Requirements and Insurance
6. Passport, Visa, and Travel Documents
7. Guest Responsibilities and Conduct
8. Accommodations and Services
9. Special Activities and Expedition Services
10. Medical Evacuation and Emergency Services
11. Limitations of Liability
12. Force Majeure
13. Photography and Media
14. Personal Data Protection
15. Dispute Resolution
16. General Provisions

1. Introduction

The following Terms and Conditions apply to all travel and travel-related services offered by Galápagos High End, LLC. ("GHE," "we," or "us"). The terms "Service" or "Services" encompass all aspects of your expedition including but not limited to: cruises, land based expeditions, chartered flights, accommodations, guided excursions, adventure activities, dining services, and all other amenities and experiences provided by GHE or its partners.

The term "Guest" or "you" refers to each individual participating in a GHE expedition, and the person who purchases a GHE expedition for themselves and/or others.

For bookings made on behalf of others, the person making the booking (Lead Guest) confirms they have the authority to accept these Terms and Conditions on behalf of all members of their party, including minors and those with disabilities. The Lead Guest also accepts responsibility for making all payments due.

2. Booking and Payment Terms

Standard Bookings (Non-Holiday Periods)

Initial Deposit: A non-refundable deposit of 30% of the total expedition price is required at the time of booking.
Final Payment: The remaining balance is due 90 days prior to the departure date. This payment is non-refundable.
Bookings Within 90 Days of Departure: Full non-refundable payment is required at the time of booking.

Holiday Period Bookings (Dec 15 - Jan 10, and other designated peak periods)

Initial Deposit: An additional non-refundable payment of 50% is required 180 days prior to departure.
Final Payment: The remaining balance is due 90 days prior to the departure date. This payment is non-refundable.
Bookings Within 90 Days of Departure: Full non-refundable payment is required at the time of booking.

Private Charters - Own Ship Expedition

Initial Deposit: A non-refundable deposit of 40% of the total charter price is required to secure your dates.
Final Payment: The remaining balance is due 120 days prior to the departure date. This payment is non-refundable.

Payment Methods

We accept payment by:
Credit card (subject to a 3.5% convenience fee)
Wire transfer (all transfer fees to be paid by the sender)
Personal check (drawn on a US bank)

3. Cancellation and Refund Policy

All payments to Galápagos High End are non-refundable once received.

Guest Cancellation

If you cancel your expedition, which must be done in writing, the following will apply:
All deposits and payments received are non-refundable regardless of the reason for cancellation.
All scheduled payments that have not yet been made remain due and will be charged as a cancellation penalty.
Upon cancellation, you release your reserved accommodations and all rights over them to GHE.

Date Changes

A one-time change to an expedition date may be permitted for emergency circumstances if requested in writing at least 90 days prior to your original departure date.
GHE reserves the right, at its sole discretion, to determine whether a request to alter a travel date will be granted.
If granted, an administrative fee of $500 per person will apply, in addition to any fees, penalties, or rate increases imposed by our partners and suppliers.
Full payment of your original expedition is required before any date change can be processed.
The new travel date must be within one year of the original departure date.
Any subsequent cancellation after a date change has been approved will result in forfeiture of all payments made.

No-Shows

Failure to join the expedition on the scheduled departure date without prior written cancellation notice will be considered a no-show. No-shows forfeit all payments made with no exceptions.

4. Itinerary Modifications

Modifications by GHE

The Galápagos Islands are a remote and environmentally sensitive destination. GHE reserves the right to:
Alter or modify any part of the itinerary with due notice to guests
Change the modes of transport, accommodations, or expedition activities
Adjust routes, timing, and included services as necessary
Such adjustments may be made due to:
Weather conditions and forces of nature
Water levels and sea conditions
National Park regulations and government directives
Environmental preservation requirements
Safety and comfort considerations
Mechanical issues or technical requirements
Other factors beyond GHE's control

Guest-Requested Modifications

Any special requests or modifications to the standard itinerary requested by a guest must be:
Submitted in writing at least 90 days prior to departure
Confirmed by GHE in writing
Subject to additional fees as applicable
GHE will make reasonable efforts to accommodate special requests but cannot guarantee that all requests can be fulfilled.

5. Medical Requirements and Insurance

Medical Requirements

All guests must complete a comprehensive Medical Information Form at least 90 days prior to departure.
GHE reserves the right to require a physician's approval for participation.
GHE reserves the right to deny participation to any individual whose health condition, in GHE's sole judgment, may affect the safety and enjoyment of the expedition.
Pregnant women who have entered or will enter their 24th week of pregnancy during any portion of the expedition are not permitted to participate in certain activities.
Guests with mobility limitations, chronic conditions, or other medical concerns must notify GHE at the time of booking to determine if accommodations can be made.

Medical Insurance

GHE provides comprehensive medical insurance coverage for all guests during the expedition.
This insurance includes emergency medical treatment and evacuation services.
Pre-existing conditions may not be covered; guests are responsible for verifying coverage.
The provided medical insurance does not cover trip cancellation, trip interruption, or lost baggage.

Recommended Travel Insurance

GHE strongly recommends that all guests purchase comprehensive travel insurance, including:
Trip cancellation and interruption coverage
Lost baggage protection
Travel delay coverage
Cancel For Any Reason (CFAR) coverage when available
Guests who decline to purchase travel insurance accept full financial responsibility for any costs incurred due to trip cancellation, interruption, delays, or other circumstances not covered by GHE's provided medical insurance.

6. Passport, Visa, and Travel Documents

Required Documents

It is solely the guest's responsibility to:
Obtain and carry a valid passport with at least six months validity beyond the end of the expedition
Obtain all necessary visas, permits, and health certificates for all destinations
Ensure all travel documents are in order prior to departure

Immigration Requirements

Many countries require evidence of onward or return travel
Some countries require proof of sufficient funds
Ecuador may require travelers to show proof of medical insurance

Entry Denial

GHE is not responsible and will provide no refunds if:
You are denied entry to any country
You are unable to board transportation due to documentation issues
You face fines, surcharges, or other financial penalties due to documentation issues

Health Requirements

You are responsible for determining and obtaining required vaccinations
You must comply with health entry requirements for Ecuador and the Galápagos
You must carry and manage any required personal medications

7. Guest Responsibilities and Conduct

Appropriate Conduct

Guests must comply with all applicable laws, regulations, and the National Park rules
Guests must respect wildlife, habitats, and cultural sites
Guests must follow all instructions from expedition leaders, guides, and crew
Disruptive, offensive, or illegal behavior will not be tolerated

Physical Requirements

Expeditions include activities requiring moderate physical exertion
Guests must be able to:
Board small boats (dinghies) from a vessel or dock
Walk on uneven, slippery, or elevated terrain
Climb stairs without assistance
Participate in water activities (if selected)
Guests must assess their own fitness level before participating in any activity

Environmental Responsibility

No items may be removed from the Galápagos (shells, rocks, plants, etc.)
No food or non-native plant material may be brought into the Galápagos
All guests must follow strict biosecurity protocols
Minimum environmental impact practices must be observed at all times

Termination of Participation

GHE reserves the right to terminate a guest's participation in an expedition if:
Their behavior endangers themselves or others
They violate local laws or National Park regulations
They disrupt the enjoyment of other guests
They do not follow instructions from expedition staff
In case of such termination, the guest will be responsible for all associated costs, and no refunds will be issued.

8. Accommodations and Services

Luxury Standards

GHE provides only the highest quality accommodations and services, including:
Premium staterooms and suites aboard expedition vessels
5-star hotels or most luxurious hotels for land portions of expeditions
Gourmet dining prepared by world-class chefs
Open bar with premium beverages
Personalized concierge service

Special Requests

Special dietary requests must be submitted at least 30 days before departure
Room or cabin preferences will be accommodated when possible but cannot be guaranteed
Special celebrations or arrangements should be requested at time of booking

Family Services

Babysitting and nanny services are provided as detailed in your package
Children's activities are age-appropriate and supervised
Family accommodations can be configured to suit your needs

Electronics and Connectivity

Satellite phone access is provided as detailed in your package
Internet connectivity may be limited due to remote locations
Complimentary iPads are provided as described in your package

9. Special Activities and Expedition Services

Guided Experiences

All activities are led by certified professionals and naturalist guides
Participation in activities is voluntary and at the guest's discretion
Activities may be modified based on weather, wildlife, or safety considerations

Adventure Activities

For special activities including but not limited to scuba diving, sport fishing, horseback riding, and snorkeling:
Specific safety briefings will be provided before each activity
Participants must meet activity-specific requirements
Weather and conditions may affect availability
Certain activities may require additional waivers or certifications

Snorkeling and Scuba Diving Release

Guests who do not know how to swim are not permitted to enter the water for snorkeling under any circumstances unless specifically authorized by the expedition captain. This permission is granted solely at the captain's discretion and must be coordinated and approved in writing through Galápagos High End prior to the start of the expedition. Any guest who disregards this policy assumes full responsibility for their decision, and Galápagos High End accepts no liability for incidents arising from unauthorized participation.
For hygiene and safety reasons, Galápagos High End does not provide snorkeling or scuba diving equipment. Guests are required to bring all necessary gear including but not limited to wetsuits, masks, snorkels, fins, and any additional personal equipment. This policy ensures the highest standards of personal safety and cleanliness for all guests.
Guests wishing to participate in scuba diving must present valid certification from a recognized agency such as PADI or equivalent. Uncertified individuals will not be permitted to participate in scuba diving activities under any circumstances.

Private Services

Private guide services, private tenders, and customized experiences are available
Requests for personalized services should be made at time of booking
Private jet charters are subject to additional terms and conditions

Land Parcel Ownership

Details regarding the shared ownership of land in mainland Ecuador will be provided separately
Transfer of ownership is subject to Ecuadorian law and regulations
Taxes and maintenance fees related to land ownership are not included in the expedition price

10. Medical Evacuation and Emergency Services

Medical Staff

A qualified medical professional is available 24/7 during the expedition
Basic medical facilities are available on board vessels

Medical Evacuation

Air ambulance evacuation services are provided in case of serious medical emergencies
Evacuation decisions are made by medical professionals and the expedition leader
Evacuation may be to the nearest appropriate medical facility, which may be in mainland Ecuador or beyond

Security Services

Private security services are provided during mainland portions of the expedition
Vehicles provided for transportation on the mainland are bulletproof for maximum guest safety
Security personnel are discreet and professionally trained
Additional security services can be arranged at extra cost

11. Limitations of Liability

Assumption of Risk

By booking with GHE, you acknowledge and accept:
Travel to remote areas involves inherent risks
Wildlife encounters are unpredictable
Natural conditions may be hazardous
Medical facilities may be limited or distant
Activities have varying degrees of physical challenge and risk

Release of Liability

To the maximum extent permitted by law, GHE shall not be liable for:
Personal injury, illness, or death
Emotional distress or psychological harm
Property loss or damage
Delays, changes, or cancellations beyond our control
Acts or omissions of third-party service providers
Any indirect or consequential losses

Maximum Liability

In no event shall GHE's total liability exceed the amounts paid by the guest for the expedition.

Third-Party Providers

GHE works with carefully selected partners but acts only as an agent for third-party providers including:
Transportation companies and airlines
Hotels and accommodation providers
Activity operators and equipment providers
Dining establishments and catering services
While GHE selects these providers with care, we cannot be held responsible for their acts or omissions.

12. Force Majeure

GHE shall not be liable for failure to perform any obligations under this agreement due to Force Majeure events, including but not limited to:

Natural disasters (hurricanes, earthquakes, floods, volcanic activity)

Adverse weather conditions

Fire or explosions

Acts of government or regulatory authorities

War, terrorism, or civil unrest

Epidemics, pandemics, or public health emergencies

Mechanical breakdowns or technical issues

Labor disputes or strikes

Any other circumstances beyond our reasonable control

In the event of Force Majeure, GHE reserves the right to:

Cancel or modify expeditions

Change itineraries or services

Substitute similar accommodations or services

Offer future travel credits in lieu of refunds

13. Photography and Media

Media Capture by GHE

GHE will document expeditions through photography and video
By participating, you grant GHE permission to capture your image and likeness
You authorize GHE to use these materials for marketing, social media, and promotional purposes without compensation
You waive any right of inspection or approval of such materials

Opt-Out Option

If you do not wish to be photographed or filmed, you must notify GHE in writing prior to departure
GHE will make reasonable efforts to exclude you from promotional materials but cannot guarantee complete exclusion from group shots

Guest Photography

Guests may take photographs and videos for personal, non-commercial use
Commercial use of expedition imagery requires written permission from GHE
Drone usage is strictly regulated and requires prior written approval

14. Personal Data Protection

Data Collection

GHE collects personal information including but not limited to:
Contact details and identification information
Payment information
Medical information and dietary requirements
Travel preferences and special requests

Data Usage

This information is used to:
Process and confirm bookings
Communicate with guests before, during, and after expeditions
Arrange appropriate services with third-party providers
Ensure guest health and safety
Comply with legal and regulatory requirements

Data Sharing

Data will be shared with partners and service providers as necessary to fulfill services
Information will be shared with authorities as required by law
GHE will not sell or rent personal information to third parties for marketing purposes

Data Security

GHE implements appropriate security measures to protect personal information
Data is stored in secure systems with limited access
In the event of a data breach, guests will be notified as required by law

15. Dispute Resolution

Amicable Resolution

In the event of any dispute, both parties agree to first attempt resolution through good faith negotiation
Complaints must be reported promptly during the expedition to allow for immediate resolution
Formal complaints after the expedition must be submitted in writing within 30 days of completion

Binding Arbitration

If amicable resolution is not possible, all disputes shall be resolved exclusively through binding arbitration
Arbitration shall be conducted in Florida, USA
Proceedings shall be administered by the American Arbitration Association under its Commercial Arbitration Rules
The decision of the arbitrator shall be final and binding
Each party shall bear its own costs and equally share the arbitrator's fees

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Florida, USA
You agree to submit to the exclusive jurisdiction of the courts located in Florida for any actions not subject to arbitration

Recovery Limitation

The maximum recoverable amount to which a guest may be entitled under any circumstances will be the net cost of their expedition paid to GHE
No punitive, exemplary, or consequential damages shall be awarded

16. General Provisions

Severability

If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Modifications

GHE reserves the right to modify these Terms and Conditions at any time

Changes will not apply to expeditions already booked and confirmed

It is the guest's responsibility to review the current Terms and Conditions at the time of booking

Entire Agreement

These Terms and Conditions, together with the booking confirmation and any additional terms referenced herein, constitute the entire agreement between the guest and GHE.

No Waiver

The failure of GHE to enforce any provision of these Terms and Conditions does not constitute a waiver of that provision or any other provision.

Contact Information

Galápagos High End

Calle Isla Floreana 414 y Calle Petrel

Puerto Ayora, Santa Cruz Island Galápagos, Ecuador

Phone: +593 99 285 4733 (Ecuador) / +1 (321) 345-1018 (USA)

Email: info@galapagoshighend.com, support@galapagoshighend.com

Website: www.galapagoshighend.com

By making a deposit or full payment, or by participating in a Galápagos High End expedition, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

Last Updated: May 14, 2025