Booking your Galapagos holiday can sometimes be so overwhelming that all you need to find is a decent and reliable travel agent to walk you through the seemingly daunting process. But with so many travel experts and operators offering different sorts of land and sea based tours in the Galapagos, the process of selection can be quite complex and time consuming. With tour operators, it’s not always true that you get what you pay for. Many tour companies nickel-and-dime you, while some are really good at maximizing value for your every penny. Some travellers select travel agencies based on “reputability,” some as “reliability,” and some use other similar and similarly vague terms. But just what do you consider reputable? What factors should you take into account in choosing a trustworthy travel advisor?
ToursGalapagos.com (from now on “TG.com”) is an online service that enables users to research, find, and book travel experiences in the Galapagos Islands. TG.com offers a variety of tours, tickets and services (“products”) made available by TG.com’s third party suppliers and its affiliates (collectively, this “Website”). This Website is provided to assist customers in gathering travel excursion information, posting opinions of travel excursions, engaging in interactive travel forums, and searching for and booking reservations for Products, and for no other purposes. The company S.A GALAPAGOS ACTIVITIES owns TG.com.
The terms “we”, “us”, “our” and “TG.com” refer to www.ToursGalapagos.com. The term “you” refers to the customer visiting the Website and/or contributing content on this Website.
This Website and the Products made available on this Website are offered to you conditioned upon your acceptance without modification of any/all the terms, conditions, and notices set forth below (collectively, the “Agreement”). By accessing or using this Website in any manner, you agree to be bound by the Agreement and represent that you have read and understood its terms. Please read the Agreement carefully, as it contains information concerning your legal rights and limitations on these rights, as well as a section regarding applicable law and jurisdiction of disputes. If you do not accept all of these terms and conditions, please do not use this Website or book a Product. In all booking arrangements, the person making the booking shall be deemed to have accepted this Agreement on behalf of the persons named in the booking.
We may change or otherwise modify the Agreement in the future, and you understand and agree that your continued access or use of this Website after such change signifies your acceptance of the updated or modified Agreement.
Use of the Website
As a condition of your use of this Website, you warrant that (i) all information supplied by you on this Website is true, accurate, current and complete, (ii) you are 18 years of age or older in order to book and contribute to our Website. TG.com does not knowingly collect the information of anyone under the age of 18.
Your use of this Website is intended for personal, non-commercial use and/or to make legitimate requests to book the Products offered. You agree not to use this Website to make any speculative, false or fraudulent requests.
You further represent and warrant that you (a) have not previously been suspended by TG.com or otherwise banned from using the Website; (b) are not a direct competitor of TG.com; and (c) that you have full power and authority to enter into this Agreement and in doing so will not violate any other agreement to which you are a party.
We retain the right at our sole discretion to deny access to anyone to this Website and
the services we offer, at any time and for any reason, including, but not limited to, for
violation of this Agreement.
In accessing or using the Website, you may be exposed to content that is offensive,
indecent, inaccurate, objectionable, or otherwise inappropriate. TG.com does not
endorse such content, and cannot vouch for its accuracy. You therefore access and use
the Website at your own risk.
TG.com believes in protecting your privacy.
In certain circumstances we may disclose information about you to third parties if we
determine, in our sole discretion, such disclosure is necessary (a) to protect TG.com
systems, assets, employees, members and customers; (b) to ensure the integrity and
operation of our business and systems; or (c) to comply with legitimate and
enforceable governmental requests, subpoenas or court orders. We may choose to
comply with or disregard such requests or orders in our sole discretion. TG.com’s
right to disclose information, including but not limited to user profile information (i.e.
name, email address, etc.), IP addressing and traffic information, usage history, and
posted content, shall take precedence over any conflicting terms in TG.com privacy
The content and information on this Website (including, but not limited to, messages,
data, information, text, music, sound, photos, graphics, video, maps, icons, software,
code or other material), as well as the infrastructure used to provide such content and
information, is proprietary to us. You agree not to otherwise modify, copy, distribute,
transmit, display, perform, reproduce, publish, license, create derivative works from,
transfer, or sell or re-sell any information, content, software, products, or services
obtained from or through this Website. Any other use of this website’s content
requires the prior written permission of TG.com.
Additionally, you agree that you will not and will not assist or enable others to:
1. use this Website or its contents for any commercial or unlawful purpose;
2. access, monitor or copy any content or information of this Website using any
robot; spider, scraper or other automated means or any manual process to access,
scrape, index, retrieve or otherwise use the Website or any content on the
Website for any purpose without our express written permission;
3. violate the restrictions in any robot exclusion headers on this Website or bypass
or circumvent other measures employed to prevent or limit access to this
4. take any action that imposes, or may impose, in our discretion, an unreasonable
or disproportionately large load on our infrastructure or makes excessive traffic
demands on the Website;
5. deep-link to any portion of this Website for any purpose without our express
6. “frame”, “mirror” or otherwise incorporate any part of this Website into any other
website without our prior written authorization;
7. attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse
engineer any software programs used by TG.com in connection with the Website;
8. use the Website to threaten, stalk, defraud, incite, harass, or advocate the
harassment of another person, or otherwise interfere with another user's use of
9. use the Website to submit or transmit spam, chain letters, contests, junk email,
pyramid schemes, surveys, or other mass messaging, whether commercial in
nature or not;
10. use the Website in a manner that may create a conflict of interest, such as trading
reviews with other business owners or writing or soliciting reviews;
11. use the Website to promote bigotry or discrimination against protected classes;
use the Website to violate any third-party right, including any breach of
confidence, copyright, trademark, patent, trade secret, moral right, privacy right,
right of publicity, or any other intellectual property or proprietary right;
12. use the Website to submit or transmit pornography or illegal content;
use the site to solicit personal information from minors or to harm or threaten to
cause harm to minors;
13. attempt to gain unauthorized access to the Website, user accounts, computer
systems or networks connected to the Website through hacking, password mining
or any other means; use the Website to transmit any computer viruses, worms,
defects, Trojan horses or other items of a destructive nature (collectively,
14. use any device, software or routine that interferes with the proper working of the
Website, or otherwise attempt to interfere with the proper working of the
15. use the Website to violate the security of any computer network, crack passwords
or security encryption codes;
16. disrupt or interfere with the security of, or otherwise cause harm to, the Website;
17. remove, circumvent, disable, damage or otherwise interfere with any security-
related features of the Website, features that prevent or restrict the use or
copying of Website Content, or features that enforce limitations on the use of the
When you use the TG.com Website, or send e-mails, text messages, and other
communications from your desktop or mobile device to us, you are communicating
with us electronically and agree that we may communicate with you in a variety of
ways, such as by e-mail, in-app push notices, or by posting notices and messages on
You and other users of our Website can contribute to the Website in a number of
different ways, including submitting emails, writing reviews, making postings,
uploading and posting photos or videos, making comments or suggestions, submitting
ideas, filling out public profiles, rating other users' contributions and making other
similar contributions or submissions to the Website. We may use your Content in a
number of different ways, including, among other things, displaying it on the Website,
reformatting it, translating it into other languages, editing it for clarity and grammar,
incorporating it into advertisements and other works, creating derivative works from
it, promoting it, distributing it, and allowing others to do the same in connection with
their own websites, mobile properties, applications, and media platforms.
Accordingly, please be aware that by submitting Content, you grant TG.com and its
affiliates a worldwide, nonexclusive, royalty-free, fully paid-up, perpetual,
transferable, irrevocable and fully sub-licensable right to (a) use, reproduce, modify,
adapt, translate, distribute, publish, create derivative works from and publicly display
and perform such Content throughout the world in any media, now known or
hereafter devised, for any purpose; and (b) use the name that you submit in
connection with such Content. You acknowledge that TG.com may choose to provide
attribution of your comments or reviews at our discretion. You further grant TG.com
the right to pursue at law any person or entity that violates your or TG.com rights in
the Content by a breach of this Agreement. You acknowledge and agree that Content is
non-confidential and non-proprietary. If it is determined that you retain moral rights
(including rights of attribution or integrity) in the Content, you hereby declare that (a)
you do not require that any personally identifying information be used in connection
with the Content, or any derivative works of or upgrades or updates thereto; (b) you
have no objection to the publication, use, modification, deletion and exploitation of the
Content by TG.com or its licensees, successors and assigns; (c) you forever waive and
agree not to claim or assert any entitlement to any and all moral rights of an author in
any of the Content; and (d) you forever release TG.com, and its licensees, successors
and assigns, from any claims that you could otherwise assert against TG.com by virtue
of any such moral rights.
TG.com and its affiliates may display advertisements and other information adjacent
to or included with your Content on the Website. You are not entitled to any
compensation for such advertisements. The manner, mode and extent of such
advertising are subject to change without specific notice to you.
This Website may contain discussion forums, bulletin boards, review services or other
forums in which you or third parties may post reviews of travel experiences or other
content, messages, materials or other items on this Website (“Interactive Areas”). If
TG.com provides such Interactive Areas, you are solely responsible for your use of
such Interactive Areas and use them at your own risk. By using any Interactive Areas,
you expressly agree not to post, upload to, transmit, distribute, store, create or
otherwise publish through this Website any of the following:
Any Content that is unlawful, libellous, defamatory, obscene, pornographic,
indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity
rights, abusive, inflammatory, fraudulent or otherwise objectionable;
Content that would constitute, encourage or provide instructions for a criminal
offense, violate the rights of any party, or that would otherwise create liability or
violate any local, state, national or international law;
Content that may infringe any patent, trademark, trade secret, copyright or other
intellectual or proprietary right of any party;
Content that impersonates any person or entity or otherwise misrepresents your
affiliation with a person or entity, including TG.com;
Unsolicited promotions, political campaigning, advertising, contests, raffles, or
Private information of any third party, including, without limitation, surname
(family name) addresses, phone numbers, email addresses, Social Security
numbers and credit card numbers;
Viruses, corrupted data or other harmful, disruptive or destructive files;
Content that is unrelated to the topic of the Interactive Area(s) in which such
Content is posted; or
Content or links to content that, in the sole judgment of TG.com, (a) violates the
previous subsections herein, (b) is objectionable, (c) restricts or inhibits any
other person from using or enjoying the Interactive Areas or this Website, or (d)
may expose TG.com or its affiliates or its users to any harm or liability of any type.
You alone are responsible for your Content. You assume all risks associated with your
Content, including anyone's reliance on its accuracy, completeness or usefulness, or
any disclosure by you of information in your Content that makes you personally
identifiable. You represent that you own, or have the necessary permissions to use,
and authorize the use of, your Content as described herein. You may not imply that
your Content is in any way sponsored or endorsed by TG.com.
TG.com takes no responsibility and assumes no liability for any Content posted, stored
or uploaded by you or any third party, or for any loss or damage thereto, nor is
TG.com liable for any mistakes, defamation, slander, libel, omissions, falsehoods,
obscenity, pornography or profanity you may encounter. As a provider of interactive
services, TG.com is not liable for any statements, representations or Content provided
by its users in any public forum, personal home page or other Interactive Area.
Although TG.com has no obligation to screen, edit or monitor any of the Content
posted to or distributed through any Interactive Area, TG.com reserves the right, and
has absolute discretion, to remove, screen, translate or edit without notice any
Content posted or stored on this Website at any time and for any reason, or to have
such actions performed by third parties on its behalf, and you are solely responsible
for creating backup copies of and replacing any Content you post or store on this
Website at your sole cost and expense. TG.com has no obligation to retain or provide
you with copies of your Content, nor do we guarantee any confidentiality with respect
to your Content.
Any use of the Interactive Areas or other portions of this Website in violation of the
foregoing violates the terms of this Agreement and may result in, among other things,
termination or suspension of your rights to use the Interactive Areas and/or this
Products and Booking Reservations
By booking a reservation for a Product through the Website, you acknowledge that
you accept this Agreement. In addition, you warrant that you are 18 years of age or
older, that you possess the legal authority to enter into this Agreement, use this
Website, book the Product, and that all information you supply is true and accurate.
You further agree that you will use the booking functionality of this Website to make
only legitimate reservations for you or others for whom you are legally authorized to
act. Any false or fraudulent reservation is prohibited.
TG.com is not a travel agency and does not provide or own transportation services,
accommodations, tours, excursions or other travel experiences. Although TG.com
displays information about travel experiences offered by third-party suppliers and
facilitates reservations to those suppliers, such actions do not in any way imply,
suggest, or constitute TG.com sponsorship or approval of third-party suppliers, or any
affiliation between TG.com and third-party suppliers. Although TG.com customers
may rate and review particular travel experiences based on their own experiences,
TG.com does not endorse or recommend the products or services of any third-party
suppliers. You agree that TG.com is not responsible for the accuracy or completeness
of information it obtains from third-party suppliers and displays on its Website.
If you book a reservation for a travel experience through the Website, you agree to
review and be bound by the supplier's terms and conditions and any other rules or
policies related to the supplier's travel experience. Your interactions with third-party
suppliers are at your own risk. TG.com will have no liability with respect to the acts,
omissions, errors, representations, warranties, breaches or negligence of any third-
party suppliers or for any personal injuries, death, property damage, or other
damages or expenses resulting from your interactions with third-party suppliers.
All requests for modifications and amendments to your booking must be directed to
the supplier who will process the request according to its terms and conditions. See
the section “Payment & Cancellations” below for additional information with respect
to cancelling a booking.
TG.com does not charge a fee to amend or change the dates of an existing booking,
as long as the supplier accepts and is in accordance with its terms and conditions.
All date-change requests and amendments are subject to availability by our
suppliers and/or service providers; TG.com cannot guarantee the success of any
Occasionally our suppliers and/or service providers make changes to tour dates,
prices, inclusions, coverage, age requirements, and other Product features and/or
requirements. As a result, TG.com reserves the right to cancel, change or substitute
any service, tour, ticket or product that you have booked at this Website, at any time,
for any reason. In such cases, if you are dissatisfied with the alternatives offered, you
are entitled to a full refund of the original purchase price. Notwithstanding the above,
when we are informed in advance by our agents, service providers and/or suppliers of
a significant change to a booking and/or to a tour, product or event, we make every
reasonable effort to notify the consumer, travel agent and/or distributor as
appropriate, in order to amend or re-issue the booking where feasible.
Prices listed on the Website are per person, unless otherwise specified.
Prices are based on the local tariff at the time of quoting.
Price quotations are subject to change without notice, until a booking has been
Unless otherwise specified, prices do not include any local taxes or use-fees, including
foreign departure, security, port charges, park fees, customs, immigration,
agricultural, passenger-facility charges or international transportation tax.
Prices do not include tips/gratuities to tour directors, drivers or local guides; passport
and visa fees; baggage and personal insurance; any items of a personal nature; taxes
or duties; and any beverages or food not specifically listed under “Inclusions” on the
product pages of the Website.
When you book a reservation for a Product through the Website, TG.com collects your
payment information and processes your payment via Paypal. Paypal accepts all
major credit cards like Mastercard, Visa, American Express, Discover. The payment of
a “reservation fee” by credit or debit card is required to make a booking and safeguard
a space on the specific tour or activity. This represents only a portion of the full
payment of the product; the remaining balance will need to be paid to the supplier
once the reservation is confirmed. Customers are responsible for working directly
with suppliers on scheduling, meeting time / place, tour specifics and remaining
Unfortunately we do not offer reimbursements or refunds of the “reservation fee” on
cancellations made by customers once the supplier has confirmed availability for the
tour or activity and a “confirmation voucher” has been issued. Only cancellations due
to tour unavailability are guaranteed 100% refund of the “reservation fee”. Please
note that the refund may take up to 3 working days to process.
If you wish to cancel a reservation made via the Website, the supplier's cancellation
policy contained in the applicable product listing will apply to, and govern the terms
of, your cancellation and any refunds. All cancellations must be coordinated directly
with the supplier.
Passports, Visas & Insurance
When you book international reservations with third-party suppliers using this
Website, you are responsible for ensuring that you meet all foreign entry
requirements and that your travel documents, including passports and visas, are in
For passport and visa requirements, please consult the relevant embassy or consulate
for information. Because requirements may change at any time, be sure to check for
up-to-date information before booking and departure. TG.com accepts no liability for
travellers who are refused entry onto a flight or into any country because of the
traveller’s failure to carry the travel documents required by any airline, authority, or
country, including countries the traveller may just be passing through en route to his
or her destination.
As visa and health requirements are subject to change without notice, we recommend
that you verify health and visa requirements with the appropriate consulate prior to
departure. It is also your responsibility to consult your physician for current
recommendations on inoculations before you travel internationally, and to ensure
that you meet all health entry requirements and follow all medical guidance related to
We strongly recommend that you purchase a comprehensive travel insurance policy
prior to departure to protect your Product purchase. If you cancel your trip or
significantly alter travel dates, your travel insurance policy may reimburse the cost of
cancellation fees and related expenses. Please review your travel insurance policy
carefully for related terms and conditions.
PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS TG.COM’S
LIABILITY TO YOU FOR ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR USE
OF THIS WEBSITE. IF YOU DO NOT UNDERSTAND THE TERMS IN THIS SECTION OR
ELSEWHERE IN THE AGREEMENT, PLEASE CONSULT A LAWYER FOR
CLARIFICATION BEFORE ACCESSING OR USING THIS WEBSITE.
THE INFORMATION, CONTENT, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED
ON THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING
RESERVATION AVAILABILITY AND PRICING ERRORS. TG.COM AND ITS AFFILIATES
DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR, ANY
ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND
DESCRIPTION OF THE PRODUCTS AND SERVICES DISPLAYED ON THIS WEBSITE
(INCLUDING, WITHOUT LIMITATION, THE PRICING, AVAILABILITY, PHOTOGRAPHS,
FEATURES, INCLUSIONS AND EXCLUSIONS, GENERAL PRODUCT DESCRIPTIONS,
REVIEWS AND RATINGS, ETC.). IN ADDITION, TG.COM EXPRESSLY RESERVES THE
RIGHT TO CORRECT ANY AVAILABILITY AND PRICING ERRORS ON OUR WEBSITE
AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE.
TG.COM MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE
INFORMATION, CONTENT, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON
THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY
PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY
ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY
TG.COM. ALL SUCH INFORMATION, CONTENT, SOFTWARE, PRODUCTS, AND
SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. TG.COM
DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS
OR ANY EMAIL SENT FROM ACTIVGAL AND ITS AFFILIATES, ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. TG.COM HEREBY DISCLAIMS ALL WARRANTIES
AND CONDITIONS WITH REGARD TO THIS INFORMATION, CONTENT SOFTWARE,
PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
AND NONINFRINGEMENT, TO THE EXTENT PERMITTED BY LAW.
THE THIRD-PARTY SUPPLIERS AND PRIVATE TOUR GUIDES PROVIDING PRODUCTS
OR OTHER SERVICES ON THIS WEBSITE ARE INDEPENDENT CONTRACTORS AND
NOT AGENTS OR EMPLOYEES OF TG.COM. TG.COM ARE NOT LIABLE FOR THE ACTS,
ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES, NEGLIGENCE
OR MISCONDUCT OF ANY SUCH SUPPLIERS OR PRIVATE TOUR GUIDES OR FOR ANY
PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR
EXPENSES RESULTING THEREFROM OR OTHERWISE ARISING FROM YOUR BOOKING
OF A PRODUCT OR SERVICE OR YOUR USE OF A PRODUCT OR SERVICE. TG.COM
HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY,
CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES
BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY
ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY
GOVERNMENT OR AUTHORITY.
IN NO EVENT SHALL TG.COM (OR THEIR OFFICERS, DIRECTORS AND AFFILIATES)
BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION
LOSS OF DATA OR INFORMATION OR COSTS TO PROCURE SUBSTITUTE GOODS OR
SERVICES) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, PRODUCT OR
SERVICE BOOKINGS MADE BY YOU THROUGH THIS WEBSITE OR YOUR ACCESS TO,
DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO
ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR
RELIANCE UPON REVIEWS AND OPINIONS APPEARING ON THIS WEBSITE; ANY
COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND
SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF
THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A
THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE,
AND EVEN IF TG.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend and indemnify TG.com and all of their respective officers,
directors, employees and agents from and against any claims, causes of action,
demands, suits, proceedings, investigations, losses, damages, fines, penalties, fees,
expenses, costs and any other liabilities of any kind or nature including but not limited
to reasonable legal and accounting fees, arising out of or related to:
1. your breach of this Agreement or the documents referenced herein;
2. your violation of any law, rule, regulation or guideline;
3. your violation, infringement or misappropriation of the rights of a third party,
including without limitation any rights of publicity or privacy;
4. your use of this Website;
5. your booking or use of any Products obtained through this Website; or
6. your negligence or willful misconduct.
Jurisdiction and Governing Law
This Website is operated by an ECUADORIAN entity and the laws of ECUADOR govern
this Agreement. You hereby consent to the exclusive jurisdiction and venue of courts
in Guayaquil ECUADOR and stipulate to the fairness and convenience of proceedings
in such courts for all disputes arising out of or relating to the use of this Website. You
agree that all claims you may have against TG.com arising from or relating to this
Website must be heard and resolved in a court of competent subject matter
jurisdiction located in Guayaquil, ECUADOR. Use of this Website is unauthorized in
any jurisdiction that does not give effect to all provisions of these terms and
conditions, including, without limitation, this paragraph.