Upon booking the Expedition Boat and/or Air Package, each passenger named on the booking confirmation explicitly agrees to these Service Terms and Conditions. Any passenger booking or purchasing the Expedition Boat and/or Air Package represents that he or she is authorized by all accompanying passengers to accept and agree to all the terms and conditions set forth herein.
You acknowledge and agree that, except as otherwise expressly provided herein, the resolution of any and all disputes between Oniric Cruises and any passenger shall be governed exclusively and in every respect by the Ecuadorian laws as the place of tort. You agree this choice of law provision replaces, supersedes, and preempts any provision of the law of any nation to the contrary.
“Expedition” and “Expedition Boat” mean the scheduled boat voyage as published in the booking confirmation, and also includes any air, road, or sea transport components taken with or included in the price of the confirmed booked services, and any activities, shore excursions, tours, or shoreside facilities related to or offered during Expedition.
“Air Package” refers to air transportation booked for You by Us to enable You to travel to and from Expedition.
“You”, “Your”, and “Passenger” means the person booking or purchasing the Expedition Boat and/or Air Package or named on the booking confirmation and persons in their care, including any minor, and their heirs, relatives, successors in interest, and personal representatives.
«Booking Fare» means the amount payable for Your Expedition Boat. It covers the Expedition Boat scheduled meals and accommodations while onboard, air programs and/or other travel components added to Your Booking Fare and charged to You. The Booking Fare does not include beer, wine, spirits, sodas, or other bottled or speciality beverages, travel protection purchased through the booking process, or charges for other incidental items, activities, excursions, transportation, or personal services during or in connection with the Expedition Boat; or any taxes, fees, port expenses, airline or other services
or baggage fees, for which a separate charge may be imposed.
“Us”, “We”, “Our”, and “Oniric Cruises” stands for Oniric Cruises, the local operator of the Expedition Boats.
A. Before You board the ship or embark on the Expedition Boat and/or Air Package, You must:
B. Any and all additional services and personal expenses must be paid in cash before acquiring them. There will be no stateroom accounts or open tabs.
C. You must obey the rules and regulations while in the Galapagos Islands National Park. Failure to comply with these rules may result in sanctions by the Ecuadorian government.
Oniric Cruises shall not be liable for refund, payment, compensation, or credit of any kind, nor damages resulting from Your failure to comply with any of the requirements set forth above.
If You have any special medical, physical, or other requirements, You, Your travel advisor, or any person booking on Your behalf is requested to inform Us in writing at the time of booking of any special need or other condition for which medical attention might be required or for which the use of a wheelchair or service animal is contemplated or necessary. If any such
special need or condition arises after You have booked the Expedition Boat and/or Air Package, You are requested to report it in writing to Us as soon as You become aware of it.
Passengers acknowledge and understand that certain safety requirements, standards, and/or applicable regulations involving design, construction, or operation of the vessel, docks, gangways, anchorages, or other facilities on or off the vessel may restrict access to facilities or activities for persons with mobility, communication, or other impairments or special needs.
Passengers requiring the use of a wheelchair must provide their own as Oniric Cruises wheelchairs carried on board the vessel are for emergency medical use only.
You acknowledge and agree Oniric Cruises may disembark or refuse to embark You or anyone under Your care as set forth in Section 10 below. In limited situations where You would be unable to satisfy certain specified safety and other criteria, even when provided with appropriate auxiliary aids and services, we reserve the right to refuse permission to participate in all or part of the Expedition Boat.
A. All invoices will be sent on confirmation and require full payment prior to the beginning of services and obeying the following due dates:
B. Should there be a failure to comply with all the compulsory payment policies, Oniric Cruises reserves the right to cancel any current and/or upcoming bookings without prior notice until the overdue bookings’ debt accounts for zero in Oniric Cruises’ accounting records
A. The cancellation fees on any cancelled booking will be processed based on the following terms:
B. In case certain items of the tour require different cancellation policies besides those already mentioned, Oniric Cruises will inform this via email before confirming any reservations
C. The cancellation fee on the day of arrival or a no show is 100% of the invoiced value in all cases.
It is possible that Ecuador goes through moments of war, terrorism, crime, Act of God, civil commotions, labour trouble, and/or other potential sources of harm. Local conditions and infrastructure may also create hazards to the Passengers while on and off the ship. Accordingly, it may be necessary to change, cancel or terminate the scheduled expedition or any activities related to the Expedition Boat, including shore excursions. Although Oniric Cruises endeavours to provide reasonable protection for Your comfort and safety onboard its ships, and/or other vehicles owned or operated by Us, Oniric Cruises cannot
guarantee freedom from all risks associated with war, terrorism, crime, or other potential sources of harm. Oniric Cruises reminds all Passengers that they must ultimately assume responsibility for their actions. Oniric Cruises strongly recommends that Passengers and their travel advisors obtain and consider such information when making travel decisions. Although unlikely, the ship may be confronted by actual or threatened war, warlike operations, or hostilities. Oniric Cruises has the absolute right and sole discretion to respond to safety concerns of any kind including, but not limited to, sailing with or
without lights, deviating from customary practices or rules and regulations concerning navigation, cargo, or other matters in a time of peace, or sailing armed or unarmed and with or without convoy.
There are risks inherent to being aboard the ship and other means of transportation. These include, by way of example, having to evacuate the ship or other means of transportation in case of emergency, having to move about on the ship or other vessels during rough seas, and lack of access to full medical services. For people who are ill or who have a mental
or physical disability or impairment, these risks are more significant. For example, access to all parts of the ship, other means of transportation, or to facilities onshore may be difficult or impossible for some Passengers. In addition, medical evacuations during the Expedition, whether at sea, by tender, or by deviating from the scheduled itinerary, may create an
increased risk of harm and may not be feasible for a variety of reasons. We reserve the right to determine, in our sole discretion, exercised in good faith, whether and when a medical evacuation from the ship will occur.
Except as otherwise provided, Oniric Cruises may, for any reason, without prior notice, cancel the Expedition Boat; deviate from the scheduled ports of call, route, and timetable; call or omit to call at any port or place or cancel or modify any activity on or off the ship; comply with all governmental laws and orders given by governmental authorities; render assistance to preserve life and property, or change the date or time of sailing or arrival, change the port of embarkation or disembarkation, shorten the Expedition, or substitute ships, aircraft, or other transportation or lodging. Accordingly, You should not make any important arrangements or meetings based on the scheduled Expedition which may change without liability to Oniric Cruises.
Furthermore, the captain of the ship, as well as the operator of any other means of transportation, may, in his/her sole discretion, take any action deemed necessary for the safety, security, comfort, or well-being of any person or to prevent damage to or loss of the ship.
In the case of mechanical failures that cause the scheduled Expedition to be cancelled before it starts, Oniric Cruises shall offer to transfer you to another Expedition Boat or a full refund of the Expedition Boat Fare; or for mechanical failures that cause a cruise to be terminated early, a partial refund of the Expedition Boat Fare, local travel expenses to transport You to the scheduled port of disembarkation at Oniric Cruises’ discretion, and overnight lodging if an unscheduled stopover is required. You shall have no claim against Oniric Cruises, and Oniric Cruises shall not be liable for damages or a refund of the
Expedition Boat Fare, any portion thereof, or other payment, compensation, or credit of any kind; nor for hotel or meal charges, travel expenses or other loss, delay, inconvenience, disappointment or expense whatsoever, which shall be the Passenger’s responsibility, whenever the cancellation or change was otherwise beyond Oniric Cruises’ exclusive control.
Oniric Cruises’ non-liability extends without limitation to any of those causes described in Section 14(B) and/or inclement weather; health, medical or environmental considerations; labour, political or social disturbances or unrest; or operational, commercial or safety reasons; or was based on a good faith belief by Oniric Cruises or the ship’s captain that the Expedition or any portion thereof might endanger the vessel or expose any person or property to loss, injury, damage, or delay. Except as provided above for mechanical failures, whenever the performance of the Expedition Boat is hindered or prevented by any cause or circumstance whatsoever, the Expedition may be terminated and You may be landed with no further liability of Oniric Cruises for refund, payment, compensation, or credit of any kind.
If, and only when, the cancellation or change was for reasons other than described in the preceding paragraph and was within the exclusive control of Oniric Cruises, You agree that the liability of Oniric Cruises, if any, shall nonetheless be limited as follows:
Under no circumstances shall Oniric Cruises be or become liable for consequential or other damages of any kind sustained by any Passenger except as expressly provided herein.
Oniric Cruises reserves the right to refuse a booking of passage on an Expedition Boat to any person or to cancel Your existing Expedition Boat reservation for any lawful reason and regardless of existing benefits. Any person(s) refused booking or passage in advance of the scheduled sailing by Oniric Cruises will be given a refund of their Expedition Boat Fare.
Oniric Cruises may without liability for refund, payment, compensation or credit, except as provided herein, disembark or refuse to embark You, confine You in a stateroom, Quarantine You, restrain You, change Your accommodations, or disembark You at any time if, in the sole opinion of Oniric Cruises, the captain, or any doctor, You or any minor or another person in Your care during the Expedition Boat(s), are unfit for any reason for the Expedition Boat(s), or Your presence might be detrimental to Your health, comfort or safety or that of any other person, or in the judgment of the captain is advisable for any reason. Oniric Cruises reserves the right to request a letter from Your physician attesting to Your fitness to travel, but by requesting such a letter does not waive its right to disembark or refuse to embark You as set forth in this Section. Except as otherwise provided, if You are required to remain onboard the ship or elsewhere, due to injury, illness, or disability, or due to action of any government or authority, or for any other reason not the fault of Oniric Cruises, You must pay or reimburse Oniric Cruises for all resulting costs and expenses including for food, transportation, accommodation, medical and/or repatriation services for You and/or those accompanying You. If You become unfit to travel for any reason during the
Expedition Boat(s) and/or You disembark early, or if You are refused passage, or Your reservation is cancelled if You book a cruise after Oniric Cruises has advised You that You are no longer allowed to sail, Oniric Cruises shall not be liable for any refund, payment, compensation, or credit of any kind.
You shall be responsible for complying with the requirements of all immigration, port, health, customs, and police authorities, and all other laws and regulations of Ecuador, as well as this Expedition Boat Terms and Conditions. You must at all times obey all the rules, regulations, and orders of the ship and the captain. You may be disembarked without liability for refund,
payment, compensation, or credit of any kind if You or any Passenger for whom You are responsible violate any of these requirements, and You agree to assume and/or reimburse Oniric Cruises for any expenses or fines that may be incurred as a result of such noncompliance.
Due to the nature of travel by sea and the ports visited, the availability of medical care may be limited or delayed and emergency medical evacuation will not be possible from every location to which the ship sails. All health, medical, or other personal services in connection with Your Expedition are provided solely for the convenience and benefit of Passengers who may be charged for such services. You accept and use a medicine, medical treatment, and other personal services available on the ship or elsewhere at Your sole risk and expense without liability or responsibility of Oniric Cruises whatsoever, and agree to indemnify Oniric Cruises for all medical or evacuation costs or expenses incurred on Your behalf. Doctors, nurses, or other medical or service personnel work directly for the Passenger and shall not be considered to be acting under the control or supervision of Oniric Cruises, since Oniric Cruises is not a medical provider. We do not undertake to supervise the medical expertise of any such medical personnel and will not be liable for the consequences of any examination, advice, diagnosis, medication, treatment, prognosis, or other professional services that a doctor or nurse may or may not furnish You. Similarly, and without limitation, all spa personnel, instructors, lecturers, entertainers, and other service personnel shall be considered independent contractors who work directly for the Passenger.
No pets or other animals are allowed on the ship or anywhere in the Galapagos National Park protected areas at any time.