RESPONSIBLE TRAVEL SOUTH AMERICA
TERMS & CONDITIONS
Version Date: 2026-02-16
1. LEGAL STATUS AND STRUCTURE
1.1 Responsible Travel South America (“RT”) is a Destination Management Company headquartered in Quito, Ecuador.
1.2 RT acts as principal tour operator for land and cruise Services unless expressly stated otherwise.
1.3 RT acts as agent for airlines and certain third-party Suppliers where indicated.
1.4 No partnership, joint venture, or fiduciary relationship is created beyond this contractual arrangement.
2. SCOPE AND APPLICATION
2.1 These Terms apply to all bookings confirmed via TourRadar or direct communication.
2.2 Electronic acceptance, written confirmation, or payment constitutes legally binding agreement.
2.3 Electronic records, timestamps, payment confirmations, IP logs (where available), and supplier confirmations constitute admissible evidence.
3. CONSUMER LAW COMPLIANCE
Nothing in these Terms excludes rights under mandatory laws including UK Package Travel Regulations 2018, EU Package Directive, Australian Consumer Law, Canadian provincial statutes, and applicable US state laws.
4. DEFINITIONS
Defined terms include Booking, Customer, Services, Supplier, Deposit, Force Majeure, Package, Significant Change, Minor Change, and Extraordinary Circumstances.
5. CONTRACT FORMATION
A contract is formed upon acceptance of the Offer and receipt of Deposit. Entire agreement clause applies. No reliance is placed on marketing materials outside the confirmed Offer.
6. PRICING, CURRENCY & TAXATION
6.1 Prices include only items listed.
6.2 Obvious pricing errors may be corrected.
6.3 Currency fluctuation: If exchange rate movement exceeds 5% between booking date and supplier settlement date, RT may adjust balance proportionally using published central bank rates.
6.4 Government taxes or park fees imposed after booking may be passed through.
7. PAYMENT TERMS
7.1 Deposit is non-refundable.
7.2 Balance due as stated.
7.3 Refunds processed within 30 days where applicable.
7.4 No set-off: Customer may not withhold payment due to pending complaint.
7.5 Merchant compliance procedures may require identity verification.
8. FRAUD, CHARGEBACK & EVIDENCE
8.1 Customer confirms authorised payment method.
8.2 RT may request passport copy, signed authorisation, or billing verification.
8.3 Service utilisation including hotel check-in, cruise manifest boarding, transfer pickup, guide attendance logs, and activity participation constitutes confirmation of delivery.
8.4 RT retains right to submit booking confirmations, PNR records, IP logs, and supplier confirmations in disputes.
8.5 False fraud claims may result in civil recovery of costs.
9. AIRFARE POLICY
9.1 RT purchases airfare on non-refundable fare classes unless otherwise agreed.
9.2 Airfare is separate from land cancellation schedule.
9.3 Once ticketed, airfare is 100% non-refundable.
9.4 Airline Conditions of Carriage govern flights.
9.5 RT acts as agent for airlines.
9.6 Airline insolvency: RT not liable beyond recoverable amounts.
9.7 Airline ticket issuance constitutes irrevocable financial commitment.
10. CUSTOMER CANCELLATION
South America, Mexico, and Panama – No Cruise:
• 90+ days: Loss of deposit payment
• 89–70 days: 50% refund
• 69–50 days: 30% refund
• 49–30 days: 20% refund
• 30 days or less: No refund
Itineraries Including Cruises (Galapagos, Panama, Patagonia, Tierra del Fuego, Amazon
Rainforest):
• 90+ days: Loss of deposit payment
• 89–70 days: 40% refund
• 69–50 days: 20% refund
• 49–30 days: 10% refund
• 30 days or less: No refund
Supplier override clause applies for charters and permits. No refunds for unused Services once travel has commenced.
11. SIGNIFICANT VS MINOR CHANGES
Significant Change includes material alteration of accommodation category, cruise vessel, or departure date.
Minor Change includes reasonable itinerary adjustments due to weather, safety, or operational necessity.
12. RT CANCELLATION & FORCE MAJEURE
RT may cancel for Force Majeure, safety, or minimum numbers. Refunds limited to amounts paid except where law requires otherwise.
13. OPERATIONAL REALITIES OF SOUTH AMERICA
Customer acknowledges infrastructure variability, weather unpredictability, wildlife conditions,
altitude effects, and regulatory restrictions.
14. HIGH-RISK DESTINATION ACKNOWLEDGEMENT
Travel in Galapagos, Amazon, Andes, Patagonia involves inherent risks including altitude, wildlife, maritime navigation, limited medical facilities, and terrain hazards. Customer confirms fitness and voluntary assumption of risk.
15. CRUISE ADDENDUM
Cruise routes subject to maritime authority approval. Vessel substitutions may occur. Boarding constitutes confirmation of delivery. Missed embarkation due to flight delays is Customer responsibility.
16. MEDICAL FITNESS WARRANTY
Customer warrants being medically fit to travel. RT may refuse participation if safety risk identified.
17. INSURANCE REQUIREMENT
Comprehensive travel insurance including evacuation, cancellation, and medical coverage is mandatory.
18. LIABILITY STANDARD
RT shall perform Services with reasonable skill and care.
19. LIABILITY CAP
Subject to mandatory law, RT’s total aggregate liability shall not exceed the total amount paid under the booking.
20. EXCLUSION OF INDIRECT DAMAGES
RT shall not be liable for indirect, consequential, emotional distress, disappointment, or loss-of-enjoyment damages.
21. SUPPLIER INDEPENDENCE
RT not liable for acts or omissions of independent Suppliers except where mandatory law requires.
22. INDEMNITY
Customer indemnifies RT against losses arising from unlawful acts, property damage, regulatory fines, vessel damage, environmental penalties, misconduct, or false fraud claims.
23. SURVIVAL
Liability cap, indemnity, fraud provisions, jurisdiction, and dispute clauses survive completion of Services.
24. COMPLAINT PROCEDURE
Customer must notify RT during travel to allow remediation. Failure may reduce compensation rights where permitted by law.
25. PRE-DISPUTE ESCALATION
Customer must allow up to 365 days for resolution before initiating formal proceedings, except where prohibited by law.
26. LIMITATION PERIOD
Claims must be brought within 7 days after the tour ends, except where mandatory law provides longer.
27. GOVERNING LAW & JURISDICTION
Governed by laws of Ecuador. Courts of Quito have jurisdiction subject to mandatory consumer protections.
28. ARBITRATION
Where permitted, disputes may be referred to arbitration in Quito conducted in Spanish.
29. DATA PROTECTION
RT processes personal data in accordance with applicable laws including GDPR where applicable.
30. SEVERABILITY & ENTIRE AGREEMENT
If any provision is invalid, remainder remains enforceable. These Terms constitute entire agreement.
ACCEPTANCE
By confirming booking and/or making payment, Customer confirms acceptance of these Terms.
