Terms and Conditions
The Client agrees to the following Terms and Conditions by expressly accepting, via email or chat (platforms used by our travel consultants), the offer (quotation with itinerary and activities) issued by the official representatives of Southern Sojourns.
Cancellation fees may vary in the case of tailor-made itineraries; your Southern Sojourns specialist will inform you of the specific cancellation conditions before you confirm your reservation.
2.2. DEFINITIONS
For the purposes of these Terms and Conditions, the following definitions apply:
- Client/Passenger: The person who accepts the offer.
- Rates/Fees: The amounts to be paid for the services described in the offer.
- Service: The services detailed in the offer to be provided by Southern Sojourns to the Client.
- Offer: The services and corresponding costs described in the travel itinerary sent to the Client and accepted by both parties.
- Party: Each of the Client and Southern Sojourns individually; collectively referred to as the Parties.
2.3. CONCLUSION OF THE TRAVEL CONTRACT
Once the Client accepts the travel itinerary and the corresponding costs, an initial payment will be required to secure the trip. Upon receipt of this deposit, Southern Sojourns (hereinafter SJ) will issue a written confirmation. This confirmation constitutes a legally binding contract for the services requested in the itinerary and agreed details (subject to unavoidable changes), once the total balance of the trip has been paid (see Section 2).
If the person making the reservation does so on behalf of multiple travelers, that person assumes responsibility for all contractual obligations of the other travelers as if they were their own. By entering into this contract, the Client authorizes the storage of their personal data solely for the purpose of allowing SJ to organize and operate the trip and its itinerary. Personal information will not be sold or improperly used for commercial purposes. For more details, please consult our Privacy Policy.
2.4. PAYMENT
To validate the agreed travel contract, a non-refundable deposit of 30% of the total trip cost per person is required. The remaining balance must be paid no later than 60 days prior to the departure date for all trips in mainland Ecuador, and 90 days prior to departure for all trips to the Galápagos Islands and for mainland tours in any other South American destination outside Ecuador.
If the Client confirms travel arrangements with SJ less than 60 days before departure for mainland Ecuador, or less than 90 days before departure for Galápagos or for a mainland tour in another South American country, the total cost of the trip must be paid immediately and in full.
If the Client fails to pay the full trip price by the applicable final payment deadline (60 days before departure for mainland Ecuador; 90 days before departure for Galápagos or mainland South America except Ecuador), they risk losing their reservation. Failure to complete payment by the established date will result in the loss of all deposits for each traveler included in the booking.
If the total trip price has not been paid in full before the agreed start date, SJ will be released from the obligation to provide the services and may charge the Client the corresponding cancellation costs.
2.5. FLIGHTS / AIRFARES
Airfares included in any package cannot be guaranteed in terms of price or availability until they have been paid in full. Flight schedules, routes, and fares are based on rates in effect at the time tickets are issued and may change without prior notice. SJ consultants will make every reasonable effort to secure the best available fares and schedules. Once a flight has been booked, its cost must be paid immediately and in full. No refunds will be made in the event of cancellation.
To make payments, please complete a bank transfer to our account in Ecuador (note: SJ is a German Ecuadorian company).
ECUADOR
Account Name: Southern Sojourns S.A.S.
Account Number: 27059098932
Bank: PRODUBANCO
Street: Av. Simón Bolívar S/N y vía Nayón Centro Corporativo Ekopark Torre 1
City: Quito
Country: Ecuador
SWIFT-Code: PRODECEQ
Southern Sojourns SAS
Mariscal Foch E4-261 y Rio Amazonas Edificio Turisa.
Quito, Ecuador.
2.6. SJ TERMS OF SERVICE
The scope of services is defined in the descriptions, images, and quotations published on the Southern Sojourns website, as well as in the specific services agreed upon in the offer (see Section 1).
SJ reserves the right to update or modify tour information (by email or on the website) prior to confirming the trip with the Client through a written offer, as indicated in Section 1. Once the tour has been confirmed and payment received, SJ may only adjust the itinerary in the event of legitimate and unforeseeable circumstances.
Such circumstances may include, among others, changes or deviations from the original itinerary due to road conditions, extreme weather, or official regulations. In these cases, the exact execution of the program as initially described cannot be guaranteed. However, SJ will make any adjustments while always considering the Client’s best interest. The trip description should be understood as a planned outline, not as a guarantee of every operational detail.
If the Client requests special arrangements before or during the trip (for example, modifying the route due to weather conditions) and both parties agree, a written agreement must be signed between the Client and SJ.
2.7. MODIFICATION OF COSTS
2.7.1. CHANGES IN SERVICES AND PRICES
When the itinerary or program requires modifications or deviations due to unforeseen and/or exceptional circumstances beyond SJ’s control, any additional costs incurred shall be borne by the Client.
SJ is not responsible for variations in transportation costs, airport taxes, park entrance fees, or other similar charges that are subject to change and beyond its control. Nevertheless, every effort will be made to inform passengers of such changes as far in advance as possible.
SJ is authorized to adjust the total trip price after the contract has been signed if increases occur in transportation costs, fees for certain services, port or airport taxes, or if fluctuations in exchange rates affect the final cost. These adjustments will only be possible when there is a minimum of four (4) months between the booking date and the departure date. In such cases, the client will be informed without delay and no later than 21 days before departure. No price increases are permitted after this deadline.
2.7.2. ADDITIONAL CHARGES
All additional expenses arising as a direct result of itinerary changes requested or caused by the client will be charged to the client and must be paid immediately. These expenses may include, for example: late arrival at the airport or port resulting in a missed departure; late arrival at the starting point of hikes or treks; early departure from the country for any reason (medical, personal, legal, etc.); as well as costs related to illness or accidents during the trip (such as helicopter evacuation, hospitalization, or hotel nights for a companion).
If SJ must advance funds to respond to an emergency, the amount advanced must be reimbursed to SJ immediately after the completion of the trip.
2.8. WITHDRAWAL AND CANCELLATION BY THE TOUR OPERATOR
2.8.1. WITHDRAWAL BEFORE THE START OF THE TRIP
SJ may cancel the trip up to 14 days before the start date if the minimum required number of participants is not reached, provided that this minimum has been specified in the corresponding tour description.
If the minimum number is not reached, SJ will notify the client no later than 14 days before the start of the trip. In this case, the client will receive an immediate refund of all payments made. No compensation or additional claims shall apply.
2.8.2. WITHDRAWAL AFTER THE START OF THE TRIP
SJ may terminate the service after the trip has begun if the client’s behavior seriously disrupts the normal development of the tour or negatively affects other participants, or if it is determined that the client does not meet the specific requirements of the trip (for example, physical or mental conditions, general abilities, or required technical skills, when applicable).
If SJ cancels the trip under these circumstances, all costs incurred up to that point, including non-refundable advance payments for contracted services, will not be refunded. Any additional refund will be at SJ’s sole discretion, considering the actual costs generated by the tour.
2.9. WITHDRAWAL BY THE CLIENT
The client may withdraw from the contract at any time before the start of the tour; however, this decision must be communicated in writing.
Refunds may only be made under the following cancellation conditions, as costs are incurred prior to the trip that cannot be recovered by SJ.
Cancellation penalties may vary for certain tailor-made itineraries; your Southern Sojourns specialist consultant will specify the cancellation conditions before the reservation is made.
Therefore, the following refunds apply to canceled tours:
- a) For tours in mainland Ecuador that do not include navigation/cruises:
- 60 days or more before departure:
Full refund, excluding the non-refundable 30% deposit. - 59 to 21 days before departure:
60% refund of the trip price. - 20 to 10 days before departure:
50% refund of the trip price. - 9 to 5 days before departure:
20% refund of the trip price. - From 4 days before departure until the start date:
No refund (0%).
- b) For trips that include navigation/cruises, the following conditions apply:
- 90 days or more before departure:
Full refund, excluding the non-refundable 30% deposit. - 89 to 60 days before departure:
50% refund of the trip price. - 59 to 40 days before departure:
40% refund of the trip price. - 39 to 31 days before departure:
30% refund of the trip price. - From 30 days before departure until the start date:
No refund (0%).
Important: Please note that for Galápagos charters, cancellation conditions may vary depending on the selected vessel and will therefore be confirmed individually.
- c) For tours in mainland South America (excluding Ecuador):
- 90 days or more before departure:
Full refund, excluding the non-refundable 30% deposit. - 89 to 60 days before departure:
50% refund of the trip price. - 59 to 40 days before departure:
40% refund of the trip price. - 39 to 31 days before departure:
30% refund of the trip price. - From 30 days before departure until the start date:
No refund (0%).
2.10. LIABILITY
If travel services are not provided in accordance with the contract, SJ’s liability shall be determined in accordance with applicable national laws. The Client may request compensation; however, SJ reserves the right to reject such a claim if it is deemed unjustified. SJ will always seek to resolve issues and offer an alternative of equivalent quality.
If repeated service deficiencies occur, the Client is obliged to immediately inform the agency or its local representative, normally the guide, clearly explaining the problems experienced. If the Client fails to report these issues during the trip, they forfeit the right to later claim contractual compensation.
The Client may only terminate the travel contract for quality-related reasons that substantially affect the development of the tour if they have given SJ a reasonable opportunity to remedy the deficiencies and this has not occurred.
2.11. SUBMISSION OF CLAIMS
If the Client wishes to submit a claim for damages against SJ due to a breach of contractual obligations, the Client must notify SJ of their intention within one month from the completion of the contracted trip.
Service providers, tour guides, and other local agencies are not authorized to receive claims on behalf of SJ.
Claims arising from unlawful acts attributable to SJ must be submitted within three (3) years following the completion of the travel contract, in accordance with international law.
The exclusive place of jurisdiction for any claim shall be Quito, Ecuador.
2.12. LIMITATION OF LIABILITY
SJ arranges accommodations, transportation, and related travel services for the passenger under the condition that SJ shall not be liable for injury, damage, death, delays, incidents, inconveniences, or irregularities caused by the negligent or intentional act or omission of any person or company providing services in connection with the trip, including, but not limited to, possible negligence by SJ itself.
SJ does not own, operate, control, manage, or supervise the providers of goods or services used during the trip; nor does it own the accommodations, means of transportation, or related tourism services used during the tour.
SJ is not responsible for the acts or omissions of third parties connected to the trip and assumes no liability whatsoever for their conduct or lack of action.
SJ shall not be liable for losses, damages, death, injuries, inconveniences, or expenses arising from such acts or omissions, including—but not limited to—those resulting directly or indirectly from: force majeure; downgrade of accommodation category or any kind of hotel-related issues; governmental decisions or actions; weather conditions; illnesses, epidemics, or the threat thereof; financial problems or insolvency of suppliers; contaminated or poor-quality food; strikes or labor disputes; theft or criminal activities of any kind; terrorism or the threat of terrorism; lack of access to adequate or appropriate medical or evacuation services; any of the risks described on the first page of this document, such as difficult terrain, high altitude, lack of oxygen, sanitation issues, diving, boating or swimming, sea-related risks, horseback riding or other animal-related activities, risks associated with wild or poisonous fauna or flora; delays or failures in transportation to arrive or depart safely and on time; or any other cause.
Without limiting the foregoing, SJ shall not be responsible for additional expenses or unforeseen delays arising from any of these circumstances. SJ is also not responsible for extra hotel nights not specified in the travel itinerary, whether required before or after the tour due to airline schedules, itinerary changes, individual travel decisions by clients, or other factors. SJ assumes no responsibility for loss of or damage to luggage or personal belongings.
In no event shall SJ be liable for incidental or consequential damages of any kind.
SJ reserves the right to substitute hotels, group leaders, and yachts, as well as to modify the itinerary whenever considering it necessary or convenient.
Participants are solely responsible for obtaining valid passports, maintaining their validity, and arranging any required visas or other travel documents.
SJ reserves the right to deny participation or to remove from the trip any person whose behavior or attitude interferes with the operation of the tour, creates safety concerns, or negatively affects the rights, well-being, or enjoyment of other participants. In such cases, no refunds will be granted.
SJ reserves the right to take photographic or video records of its trips and to use such material for promotional and/or commercial purposes.
2.13. TERMINATION OF THE CONTRACT DUE TO EXCEPTIONAL CIRCUMSTANCES
If the trip becomes significantly more difficult, dangerous, or involves risks of any kind due to unusual circumstances (for example, war, strikes, civil unrest, epidemics, sovereign decisions, etc.), both the Client and SJ shall have the right to withdraw from or cancel the travel contract.
If emergency measures must be applied due to unforeseen circumstances, the Client shall be responsible for all resulting expenses (such as hospitalization, additional accommodation, and meals), with the exception of emergency transportation, for which SJ may contribute up to 50% of the total cost. Any further claims are excluded.
2.14. ENTRY AND HEALTH REGULATIONS
The traveler is solely responsible for complying with all entry and health regulations, as well as passport, customs, visa, and currency regulations, and for bearing the corresponding costs. Any damage, cost, or loss arising from failure to comply with these regulations shall be the sole responsibility of the Client, even if regulations change after the booking has been made.
Whenever possible, SJ will inform its clients of significant changes to general regulations, as described in the tour information, prior to the start of the trip.
2.14.1. PHYSICAL CONDITION AND GENERAL HEALTH
Trips are open to anyone who is in good physical condition. Even a trip classified as easy is more enjoyable if participants are fit. As travelers may be required to climb stairs, walk on uneven terrain, and board or disembark small boats, maintaining an exercise routine prior to the trip is recommended. Some itineraries include hiking or trekking on uneven and challenging terrain. Running, walking, swimming, cycling, and aerobic exercises are excellent forms of preparation.
If you have any doubts about your ability to participate in a particular trip, we encourage you to contact us. Once the trip has begun, if you are unable to take part in certain activities because they exceed your physical capabilities, please note that no refunds will be issued for unused portions of the program.
2.14.2. MEDICAL CONSIDERATIONS
You must be in general good health to participate in our trips. It is essential that individuals with pre-existing medical conditions or dietary restrictions inform us well in advance of departure. Our team will assess with you whether the selected trip is suitable. The trip leader has the authority to exclude a participant from the group at any time if deemed medically necessary to protect the well-being of the rest of the group. In such cases, no refunds will be granted.
SJ is not a medical entity and has neither the authority nor the responsibility to determine which medications or vaccinations you require; such decisions must be made by you in consultation with your personal physician.
SJ assumes no responsibility for the provision of medical services. We strongly recommend that all participants review their medical insurance coverage to ensure it is adequate for the destination and planned activities.
By contracting SJ’s services, the Client declares that they are in good general health and releases SJ from any liability or refund arising from damages caused by negligence related to their own health.
2.15. INDIVIDUAL CONTRACTUAL PROVISIONS
The invalidity of any individual provision of the travel contract shall not affect the validity of the remaining provisions, which shall remain fully in force and effect.
2.16. TRAVEL INSURANCE
To protect your travel investment and cover unforeseen medical emergencies, we recommend purchasing cancellation insurance that covers non-refundable flight and land service costs in the event that you must cancel due to personal or family illness.
Additionally, we strongly recommend obtaining health insurance that covers medical care in Ecuador.
2.17. TOUR OPERATOR
Office hours: Monday to Friday, from 08:00 to 18:00 (GMT-5).