KLEINTOURS GENERAL CONDITIONS

The terms and conditions described herein apply to all services, cruises, and programs booked with Kleinturs y Representaciones Cía. Ltda. and/or Galatours S.A., Kleintours LLC, Kleintours SL hereinafter referred to as “KT”. These terms and conditions shall also apply to any third-party program or services sold or arranged by KT. Any trip member, traveler, customer or any person or company that hires services shall be referred to as “user”. The user of KT services agrees to be bound by the present terms and conditions and any other change that might be updated in the future on the website at www.kleintours.com/en/policies/terms-conditions.html which are valid at the time the service is provided. Any deposit or payment for services to KT constitutes joint acceptance by the customer and the end user of terms and conditions described in the present document. All users of KT are responsible for reading and understanding the present section.

1. RATES

KT Published rates are GROSS. Airfares, taxes, and extra charges are NET. Exceptions may apply. KT rates are guaranteed for the stated period, unless there are steep increases in prices for fuel and logistics, international policies and government regulations, exchange rate fluctuations or any other event affecting the operation beyond KT’s control. If there is any adjustment, it shall be reported when a firm booking with full payment is received. All items not specifically included in the itinerary must be paid directly by the passenger.

KT accepts no responsibility for discrepancies between verbal quotes and written quotes. After payment has been made, all information contained on KT’s service itinerary is considered correct.

2. BOOKING GUIDELINES

KT must be advised in writing about all reservation requests, changes in reservation and/or payment. Reservations shall be confirmed when total payment is credited to KT’s accounts. To issue final confirmation of services and to comply with the Galapagos National Park and INGALA the following information must be entered at www.kleintours.com, 60 days before the tour date:

2.1 Passenger information:

When a reservation is requested the following steps must be followed, and information should be notified to KT at least 61 days before tour departure date

* Enter www.kleintours.com

* Click in “My Account”. Enter your login and password.

* Click in “Reservations” and then “Your Reservations”: your bookings will be shown.

* Click in the individual reservation to be filled out.

* Click in “List of Passengers”. Enter data.

Requested information:

- Title (Mr., Ms., Chd. (child), Inf. (infant))

- First name / last name / nationality / passport number / date of birth, as shown in the passport.

- Passport copies in case of children under 12 years old.

- Language spoken.

- On board and hotel accommodations (type of cabin / room, double, triple or single).

- If only cruise is taken, hotel and ground operator contacts are needed.

- Arrival / departure details for international flights.

- Emergency contact.

- Insurance contact information if available

2.2 Children & Physical disability or Health problems: Waiver of Liability forms duly signed are required along with passport´s copy. In case of children also include legal representative´s passport copy.

For passengers and suppliers´ safety, KT reserves the right to operate the itinerary in case of omission of the real physical condition.

2.3 Special requirements: diet or allergies requests should be notified to KT at least 61 days before tour departure date. KT shall do its very best to meet reasonable special dietary needs, keeping in mind Galapagos provisions´ restrictions. In certain cases, KT shall need further information such as height, weight, physical condition, etc., to be able to provide the best accommodations and services to the user.

KT is not liable of complaints or refunds in case of services that have not been provided if the information detailed above (2.1, 2.2 and 2.3) is not sent or does not arrive on time.

3. DEPOSIT, PAYMENT AND CANCELLATION POLICIES

KT shall proceed to book space when deposit / payment conditions are fulfilled. All payments must be made to the accounts of KT within the time-limits indicated, otherwise the space that has been booked could automatically be released, and deposits forfeited, or might be listed on first pay first served basis. A yearly floating deposit would replace individual ones. Ask particular conditions.

When a Galapagos cruise departure or third-party service reaches “high occupancy departure” (HOD) status, KT reserves the right to ask for an extra non-refundable deposit or full payment for the services. If the “HOD” advisory is not accepted by the customer, the booking will be listed with priority two, space will eventually be confirmed only if available.

Land bookings shall be processed only when the requests are in firm. The conditions for paying hotel services and other third parties may change depending on the individual conditions set forth by the provider.

All changes and cancellations must be notified in writing to be considered and accepted by KT, user must request a written confirmation from KT’s side informing the cancellation notice was received and spaces have been released accordingly. KT will inform if penalties will be applied.

The cancellation fees shall be debited automatically from the deposits or payments. If a booking agent guarantees a reservation without payment, the invoice must be honored in case services are cancelled. Remaining balances shall be credited to future bookings by a credit note, or will be used as a part of payment for the spaces that remain held (if any).

Last minute requests are subject to availability. Priority is given with full payment on a first paid first

served basis.

- For groups and charters monthly sales reports are mandatory: number of passengers, type of cabins / rooms, sold spaces must be updated in writing. If a group increase is requested, spaces will be confirmed on a first-priority basis.

a) Individual Passengers & Groups

Deposits and Payments:

-A deposit of US$ 300 net per person is required to place reservation with “priority one”. If the deposit is not made, the reservation shall be given “priority two” status.

-Total balance must be fully credited in KT accounts up to 60 days prior to departure.

Cancellations & Changes

Rather than cancelling services we suggest you to check the following alternatives up to 61 days prior to departure with a US$ 300 per person penalty:

- Date change; based on available ship and cabin, price adjustments may apply.

- Change of name; based on the same held departure

- 121 days prior to departure, spaces can be released without penalty.

- 120 - 61 prior to departure, US$ 300 shall be charged for any space released.

- 60 days prior to departure, reservations shall automatically be considered as firm; therefore, 100% of the total negotiated rate will be charged and withheld if the booking is cancelled.

b) Charters or Half Charters:

Deposits and Payments:

- A deposit of 20% of the total charter rate is required to place reservation with “priority one”. If the deposit is not made, the reservation shall be given “priority two” status.

- Additional deposit to reach 50% of the total rate is required 180 days before the date of departure.

- Total outstanding balance must be paid 90 days before departure date.

Cancellations & Changes

Rather than cancelling services we suggest you to check the following alternatives up to 61 days prior to departure with a US$ 300 per person penalty:

- Date change; up to 241 days prior to cruise departure without penalty, based on available ship and cabins, price adjustments may apply.

- 301 days prior departure a charter can be released without penalty.

- 300 - 91 days before departure date, a full charter can be changed to a group rate (check group rates and ranges) if 25% of participants is reduced without penalty. The deposit is forfeited for cancellations exceeding this percentage.

-  90 days prior to departure, reservations shall automatically be considered as firm; therefore, 100% of the total negotiated fee shall be charged for any space released.

c) Promotional dates

When a cruise / tour date is set as “Promo” departure, spaces and deals launched then are only confirmed with an immediate non-refundable deposit of US$ 300 per person, or full payment if requested within 60 days prior to departure. Special deals apply to new bookings only, spaces are limited, and offers are valid during limited time and might be modified or withdrawn without previous notice. Different offers cannot be combined.

d) Third party services:

Non-refundable deposits, stricter payment policies, and higher cancellation costs might apply when dealing with reservations for certain lodges, boutique hotels, services and hotels in Ecuador and Galápagos, groups or series that require space well in advance, special events, airfares or train tickets, accommodations during the high season or holidays, guidance services, meals, and others.

e) Payment process

Payments can be made only in the account specified by KT in U.S. dollars or Euros. Major credit cards and Pay Pal are accepted. Any extra expense for transferring funds must be covered by the user and included in the payment. KT must receive notice of payment to be able to check when money was credited. Booking shall be confirmed once the money has been completely deposited in KT’s accounts. Otherwise, KT reserves the right to render the services, place said booking under request, refuse services or request payment directly from the passenger, who is held jointly liable for all terms and conditions stated in these policies and in our agreements or quotations. Priority shall be given to bookings that are completely paid for. Services shall be confirmed in a first paid first served basis

f) Refunds and compensation

As a basic principle, no refund will be made for any unused service such as hotel or cruise accommodation, service or transportation. If a refund is obtained, however, there may be a fee withheld for administrative charges.

KT responsibility will not extend beyond this refund, and no payments will be made, or compensation given, in respect to claims for contingent liability or inconvenience experienced by users. No refund can be made on lost, mislaid or destroyed tickets or vouchers or on lost property. All refunds shall be credited to the following booking by a credit note.

Any complaint the user might have while on holiday must be expressed in writing by the passenger and addressed to KT’s main office within 30 days of the termination of the tour, in order to duly process it. The complaint must also be exposed on the comment cards provided by KT for mainland services or cruises, and include supporting documentation. KT shall not accept responsibility for claims received after this period.

No refunds shall be made for any missed service, except for those where it is possible to substantiate that they were the operator’s responsibility. Any adjustment shall be considered only on the basis of the current prices directly involved.

4. EQUIPMENT

KT has certified ships and yachts that comply with international standards and regulations. KT ships, yachts, and buses meet all national safety regulations and legal requirements. KT is not responsible for services provided by third parties as KT only acts as their own broker, as specified in the terms of the general conditions.

5. GUIDES AND GROUP LEADERS

KT complies with all national tourism regulations. All guides are highly knowledgeable of all areas that the passengers will be visiting as part of the programmed itineraries. KT provides tourists with experienced guides who are fluent in English and Spanish. Any other language must be requested when booking the space and shall be provided only if available. These can incur a charge. There is no extra charge for German, Italian and French guides when groups exceed 8 passengers. If at the time of tour it has not been possible to provide the guide in the language that was requested, the extra charge for this language will be refunded if already paid for; no extra compensations will be considered. Tourists must facilitate the work of guides and drivers by complying with the following: handing over vouchers when requested, respecting pickup times when transfers are required, and complying with local rules and regulations and all instructions that are given.

The customer recognizes that any local or foreign group leader who is being provided by the customer is not allowed to operate and act as a guide on Ecuadorian territory and/or the Galapagos Islands. The group leader must comply with all requests put forth by the local guide authorized by KT, and will otherwise be able to coordinate all steps in accordance with contract terms.

Group leaders shall not be able to change the itineraries presented by KT or other itineraries operated by KT without the prior written authorization of KT. Group leaders are forbidden to offer alcoholic beverages or any other substances to guides, drivers, crew members, or any other staff member of the tour.

Small groups up to 4 passengers may have one certified guide/driver assigned for their Ecuador´s journey.

6. INSURANCE

It is mandatory for all passengers using any KT services or third-party services arranged by KT to obtain necessary insurance before arriving in Ecuador. Insurance is not included on KT cruises and tours. We highly recommend coverage for travelers and property, as well as for trip delay, trip cancellation, interruption, baggage, life insurance, medical, accident, sickness, etc. KT equipment meets local insurance law requirements for their operation only.

7. OPERATION SAFETY

If a passenger is believed to be a hazard for himself or others, or causes disturbance to other passengers, the KT representative, the ship’s captain or the tour guide may refuse the passenger or terminate any cruise or mainland program for that passenger at any time, at the complete risk and expense of the passenger.

For safety reasons, KT will not admit on cruises or mainland tours any passenger carrying firearms or sharp weapons that could cause any injury to himself / herself or other passengers, crew, flora or fauna. Forbidden articles include guns, knives, compressed gas, corrosive substances, poison, explosives, firearms, ammunition, fireworks and flares, inflammable liquids and solids, radioactive matter and oxidizing materials.

- KT reserves the right to refuse, revoke, accept or restrain the further participation of any person whose actions impede trip operation or jeopardize the rights, welfare, enjoyment of the trip of other group members, who might be a hazard to himself and others, harm nature or violate regulations.

- KT also reserves the right to refuse, revoke, accept or restrain the further participation of any person it deems incapable of withstanding the hardships or meeting the requirements of participating in the activities that have been planned or contracted.

- KT shall not be required to refund any portion of the rate paid by any passenger who must leave the cruise or mainland service prematurely for any of the reasons specified above. Therefore KT will not be responsible for accommodations, meals, return transportation or other expenses incurred by the passenger for these reasons.

- KT shall not be held liable for the actions or activities of any passenger who consumes, purchases or obtains, by any means, alcoholic beverages or illegal drugs. Illegal drugs are strictly forbidden on board or during KT’s mainland excursions. Illegal drug possession shall be reported immediately. If detected, the cruise or tour will be terminated immediately and all money paid forfeited.

Any physical disability or health problem that might require special attention or treatment should be reported in writing to KT. In these cases, KT reserves the right to decline the provision of services. Trip members are responsible for selecting a trip that is in keeping with their abilities and interests. KT will not be held liable for any consequences or expenses incurred for any changes, cancellations, accidents, injury, death, etc. caused by any disability, whether it has been reported to KT or not. No refund will be forthcoming for missed sightseeing, meals, early/late departures and visits that were not enjoyed by the user. KT shall not be held liable for the provision of medical care during the trip.

8. THIRD-PARTY SERVICES

- KT acts only as the agent for the owners, contractors and suppliers providing means of transportation and/or related travel services, and therefore it cannot be held liable for injury, loss, or damage to person or property in connection with any service resulting directly or indirectly from, but not confined to, detention, annoyance, delays and expenses arising from quarantine, strikes, pilferage, theft, force majeure, failure of any means of transportation or conveyance to arrive and depart as scheduled, civil disturbances, terrorism, government restrictions or regulations, and in-transit discrepancies or changes on aircrafts, cruises, hotels and any other services or location, for incidents such as airline cancellations, re-routing or any disruptions of schedule, service or accommodation, for baggage lost by airlines or the independent tour operators who handle overland transfers or arrangements.

- KT is not responsible for the acts and/or omissions of providers (third-parties) or for any loss, damage, or expense the user may incur as a result of the acts and/or omissions of service by the third-party.

- KT and its associates act only as agents for passengers in matters pertaining to transportation, accommodations, or other services. As agents, tickets, exchange orders, or vouchers, if issued by KT, are subject to each and every term and condition under which such means of transportation, accommodations or other services are offered or provided.

- KT will not be held liable for, and travelers release KT from, any injury, damage, loss, accident, delay or irregularity which may be caused by any such third party, person, firm or corporation in carrying out or failing to carry out arrangements previously agreed upon, or for the misconduct, whether willful, criminal or otherwise, of any such third party, person, firm or corporation in providing or failing to provide services.

9. RESPONSIBILITIES AND LIMITATIONS OF LIABILITY

These General Conditions also apply to third parties buying services from agencies, wholesalers, and operators acting as intermediaries, via internet or any other instrument approved by KT. The customer accepts the general terms and conditions published and updated by KT at: http://www.kleintours.com/en/term-conditions.html and declares that he/she has read, understood, and accepted them in their entirety without entitlement to claims and that he / she is fully responsible for transmitting them to end users so that they will be apprised of them.

- KT refuses any and every liability from any and all claims that might be filed for loss or damage to baggage or property of the passenger; personal injuries, death; or delay as a result of the acts, omissions or negligence of any independent contractor or supplier, such as, but not confined to: airlines, cruise ships, hotels, restaurants, transportation providers, and other services or facilities.

- KT refuses any and every liability for any accident stemming from the practice of water sports, hikes on the islands or the mainland, or other activities outside our facilities. KT shall not be held liable for any loss, injury, death or harm unless it was caused by KT’s negligence when using KT’s own facilities in which case liability shall be subject to local laws and regulations.

- KT may accept children as passengers for its Galápagos trips or on mainland Ecuador, but shall not be held liable for any accident that might occur to minors. Children are the sole responsibility of their parents and/or legal guardians.

- The passenger is responsible, and pledges to compensate KT, for all penalties, fines, losses of money and/or expenses incurred or imposed by virtue of any act, omission or violation of law by the passenger and for any damage to the ship caused by any willful or negligent act or omission on the part of the passenger.

- KT reserves the right to take photographs or shoot film of any trip and its participants, and may use any such material for promotional and/or commercial purposes. The videos or photos that might be used by the passenger for commercial purposes require prior specific authorization from National Park authorities.

- Passengers must be in sound health and physical condition. It is their responsibility to decide if their participation in the tour is safe as they will have to climb up and down during hikes, walk over uneven terrain, get on and off the yacht or ship from a small dinghy, and travel by car and bus in Ecuador. Nevertheless, IN NO CASE SHALL KT BE HELD LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. KT reserves the right to restrict the participation of passengers in hikes if they entail any kind of imminent hazard for the passenger or other group members, and the passenger who is disembarked is fully liable for all related risks and costs.

- No employee, servant, agent or associate of KT may change any of the previously listed booking conditions without the prior written consent of the Board of Directors.

Operation Guarantee

KT will endeavor to guarantee tours as far in advance as possible. Some tours, however, cannot be guaranteed until 15 days prior to departure.

Should a passenger’s program be cancelled due to lack of enrollment, or for commercial reasons, the customer will be contacted prior to the scheduled departure date. The program may be re-booked or KT may refund the total payment made for the service not provided.

Changes in the itinerary may be made when deemed necessary or advisable by KT, including substitutions for comparable hotels, yachts or vessels, attractions, sightseeing or transportation units. Extra costs due to unexpected changes in the itinerary for reasons beyond our control are not included. (If an upgrade is required, higher rates may apply).

Major changes will be informed as soon as possible before departure. The user may choose between: a) accepting the change, b) accepting any alternative tour offered, or c) a refund for the service not rendered. Refunds will be made as a credit note directly to the tour operator involved or the paying party. If the customer decides to take the alternative offered, no further refunds or credit will be allowed unless so specified in writing. KT will not be held liable for any further claims. To uphold the safety and security standards that are required and to improve services, maintenance of units and dry dock might be notified without prior notice.

If it is not possible for KT to operate the contracted cruise or tour for causes beyond its control, within 24 hours after the departure date, the cruise/tour may be cancelled and the money paid will be refunded. In case of damage to the ship, which cannot be repaired within 24 consecutive hours, KT will refund the proportional amount paid from the time the ship was disabled or tour operation cancelled. In cases of force majeure or for commercial reasons, KT is entitled to provide a similar ship / price, yacht, tour arrangement, if available, and reserves the right to substitute it for a similar one, with or without prior notice. In force majeure situations, KT reserves the right to withdraw a tour either completely or any part of it, to make alterations as deemed necessary and to pass on to tour members any outlays caused by delays or events beyond its control.

- All airfares, taxes, schedules, ports of departure, time of arrival/departure and special programs are subject to change without prior notice. Local flights allow one piece of checked luggage weighing 20 kilograms.

- The Galapagos cruise itineraries are subject to change without prior notice or can be operated in a different sequence. All Galapagos itineraries are under the direction of the Galapagos Park Administration or can be changed at the captain’s discretion.

- Mainland tour itineraries are also subject to change when there are weather conditions, strikes, natural events, or force majeure events beyond KT’s control, or if a minimum number of participants is not secured. KT reserves the right to change the itineraries and offer the best available alternative for passengers.

- There is no guarantee that specific wildlife shall be observed during a particular mainland tour or cruise. All sightings are subject to environmental conditions.

- Any independent arrangements that the passenger may make but are not part of the initial program shall be the passenger’s sole responsibility and must be paid for by the passenger directly to the independent operator.

10. JURISDICTION

This present agreement shall be governed by Ecuadorian Law and therefore interpreted within the framework of this law. In the event of a dispute between the parties as a result of the present agreement, if it has not been resolved amicably between the two parties, both KT and the customer shall be subject to the jurisdiction of the Arbitration Court of the Chamber of Commerce of Quito (CCQ), pursuant to the regulations of the Ecuadorian Arbitration Law. The rules for the arbitration process shall be as follows: the parties waive ordinary administration of justice and are bound to accept the rulings issued by the Arbitration Court. The Arbitration Court shall be comprised of three (3) members. The arbitration process shall be in Spanish and shall be conducted in the Arbitration Center of the CCQ and shall be confidential. All parties must cover corresponding fees and charges.