TÉRMINOS Y CONDICIONES


1.ECUADOR – PRIVACY AND PERSONAL DATA POLICIES

Article 66, numeral 22 and Article 92 of the Constitution of the Republic of Ecuador as well as the Habeas Data Constitutional Action contained therein, were taken into consideration for this analysis; Articles 4 and 22 of the Organic Telecommunications Law; and Article 9 of the Electronic Commerce Law, Electronic Signatures and Data Messages, were also used. In Ecuador, the construction of the Privacy Disclaimer is subject to the constitutional norms as supreme norm, and to the aforementioned laws. Respect for these principles is reflected in the proposal for privacy disclaimer that is being unified according to the above chart. (Repetition is omitted and it is recommended to fill the spaces appropriately to avoid quotes from other countries)

TERMS AND CONDITIONS OF THE ECUADOR WEBPAGE

Under this agreement, the payment processing services for goods and/or services purchased on this website are provided by Estricontio S.L. on behalf of Hoteles Decameron Ecuador SA or by Hoteles Decameron Ecuador SA, depending on the type of payment method used for the purchase of the goods and/or services. In the event you choose to pay with credit card and the payment will be processed via a European Acquirer, these terms are an agreement between you and Estricontio S.L. For any other type of purchases, these terms are an agreement between you and Hoteles Decameron Ecuador SA and goods and/or services will be delivered by Hoteles Decameron Ecuador SA directly. Hoteles Decameron Ecuador S.A. acts as an intermediary between the users and those providing the included services (airlines, hotels and ground transportation, among others). It is responsible for structuring tourism packages to aid the traveler in obtaining air quotas and room reservations at Hoteles Decameron and/or those affiliated to the Decameron chain, request the required services and contract them on behalf of the user according to their availability, in line with the information provided by the service providers. Travelers accessing this site or who acquire the tourism services offered therein, are responsible for reading and understanding the dispositions contained in these terms and conditions. If the provisions herein contained are not clear or you do not agree with any of them, please abstain from acquiring the published services. 6.1. Definitions: The way in which the terms and conditions are currently drafted for the Decameron Ecuador webpage does not contain a definitions item. Taking into consideration the importance of travelers understanding the terms used on the webpage, the following glossary is included.

DEFINITIONS

  • a.Hoteles Decameron Ecuador S.A.: A tourism operator, registered before the Costa Rican Tourism Institute. Acting as an intermediary between clients and those providing included services such as Airlines, ground transportation companies, ground operators, Hotels and Travel Agencies.
  • b.Guest / Client: A person who uses the lodging, transportation, receptive, food and beverage and other services provided by Decameron.
  • c. Airline: Organization dedicated to transportation of passengers or cargo by plane.
  • d. E-TKT: An electronic document issued by an airline for the acquired air transportation services.
  • e. Seasons: Specific times of the year, on which differential conditions and rates apply.
  • f. Rooms: Part of a space in a hotel that is separate from other spaces, intended for guest’s rest.
  • g. Connections: Airplane changes made by a client an intermediate city or cities before reaching their final travel destination.
  • h. Reservation: Holding an air and/or hotel quotas for a specific date for a client during a specific period of time
  • i.Confirmed Reservation: Holding an air and/or hotel quotas for a specific date for a client during a specific period of time. This reservation does not have partial payments or deposits and does not comply with an established payment plan.
  • j. Reconfirmed Reservation: Holding an air and/or hotel quotas for a client for a specific date until that service is rendered. This reservation has partial payments and complies with the established payment plan or is paid in full.
  • k. Cancelled Reservation: Cancellation of holding of air and/or hotel quotas for a client for a specific date. This reservation does not have any partial payments or deposits.
  • l. Voucher: A document containing all data of a reconfirmed reservation with full payment of a tourism service with a reservation code, which must be presented by the client to the service providers with which he or she has a reconfirmed reservation to effect the use of the purchased services.
  • m. Invoice: Corresponds to the document confirming full payment of the tourism plan.
  • n. No show: Non-showing of a client to a previously purchased plan without notification and that may imply losing the plan itself.
  • o. Reimbursement: Economic operation through which a client is reimbursed for part or all of the money he or she had previously given as payment for a plan.
  • p. Tourism Card: Tax charged in some countries and/or destinations to allow entry of non-residents to their territory for a temporary period of time.
  • q. Destination: Area, place or zone where a client is headed for which he or she purchased a plan.
  • r. Travel Plan: A set of tourism services commercialized in a unique way containing services such as lodging, food, transportation and other services, for which a price is paid which takes into account all the services and does not establish an individual price for each service provided.
  • s. Promotional or Special Plan: A temporary offer of products under special and favorable or free conditions as an incentive for the consumer. A promotion may also be understood as the offering of product with additional content to its usual presentation, free of charge or at a reduced and temporary price. Also, that which is made through the consumer incentive system, such as raffles, contests and others, in money, king or point accumulation. t. Penalty: Economic sanction resulting from noncompliance with one or several previously agreed conditions or circumstances for the travel plan.
  • u. Complementary Services: Additional tourism services not included in the tourism plan and optional for the user/traveler.
  • v. Infant, Child and Adult: Infants are those under 2 years of age, Children are those between 2 and 11 years as of the date of arrival to the hole and Adults are persons older than 12 years of age.

6.2. LIABILITY CLAUSE:

The current terms and conditions establish a very lax liability clause, therefore the one drafted for the Colombian Terms and Conditions shall be used.

Liability Clause

Hoteles Decameron Ecuador S.A. is responsible for:

1.Structuring tourism packages to facilitate obtaining air and ground quotas for clients, as well as booking of rooms at Hoteles Decameron and/or its affiliates.

2.Requesting required services and contracting them on behalf of the user (air tickets, lodging, food and beverages, ground transportation or any other service required by the user) subject to their availability.

3.Notifying the users of the value of rates, taxes, requirements, documents and all other relevant information for the user when acquiring tourism plans.

4.Reimbursing the money paid by the user within the established term when they exercise their right to detract or withdraw, less any established penalty.

Exceptions

1.Hoteles Decameron Ecuador S.A. is only liable for inconveniences during structuring of the tourism plans contracted by the users.

2.Hoteles Decameron Ecuador S.A. will not be liable for the failure to render acquired services in cases of force majeure or unforeseen circumstances.

3.Hoteles Decameron Ecuador S.A. reserves the right to make modifications to the contracted plan or tourism service in cases of force majeure or unforeseen circumstances.

4.Hoteles Decameron Ecuador S.A. is not liable for changes made by contracted services providers or unforeseen circumstances such as:

• Delays at airports, flight delays, Hotel congestion, quarantines and other force majeure or unforeseen event circumstances that alter the normal development of the provision of tourism services, in which case, if the contracted service providers cannot partially or fully provide said services, reimbursement will only be negotiated for the corresponding amount excluding any other commitment.
• Accidents, losses or damages suffered by the clients as a consequence of recklessness or non-observance of instructions and/or rules during the stay, whether by the airlines, hotels or tourism service providers.
• Losses or damages caused by neglect or non-delivery of jewelry and/or goods owned by clients.

5.Hoteles Decameron Ecuador S.A. will not be liable for the failure to provide contracted services due to causes attributable to the user.

6.3. GENERAL CONDITIONS: In the terms and conditions content, there are conditions drafted in a disperse manner, therefore, they will be grouped in the following general conditions that apply for all tourism plans, avoiding duplication of information.

GENERAL CONDITIONS FOR TOURISM PLANS

a. All prices and rates published in this site are subject to change, availability and validity without prior notification and regulation of rate rules for hotel and air travel plans. However, the rate confirmed at the time of purchase does NOT vary. Taxes, rates and contributions affecting air, hotel and other service’s rates offered by Hoteles Decameron S.A. may vary at any time due to dispositions of the National Government or foreign entities, as applicable, which must be assumed by the guest/client at the time of issuance of the air tickets, plan or tourism package. Restrictions and conditions apply for each published rate according to its validity.

b.Hotel rates depend on the selected accommodation.

c. Before acquiring the tourism plans published in this website, you must inquire about the characteristics and maximum accommodation allowed by the hotel.

d.Food service conditions included in the travel plan will be provided by the hotel at check-in and until check-out.
e.The rates of the tourism plans valid at the time of confirmation of sale and payment of the travel plan will be honored.
Airport taxes, as well as the administrative rate applicable for issuance of the ticked and the respective taxes, are subject to the provisions of each airline. The difference between said rates will be borne by the plan purchaser.
f.Quotes issued show availability and values at the moment of issuance and do not imply confirmation of air ticket or hotel availability. A quote does not guarantee availability in a fare class or quoted hotel, nor the rates shown therein.
g.Plans are packaged with air tickets, ground or only-hotel rates, which apply to all the national territory and may be reserved through the Decameron Ecuador S.A. offices and/or the www.decameron.com web page.
h. A minimum stay of two (2) nights is required for all plans. Each tourism plans includes specific services. You must therefore inquire about the currency, services, conditions and restrictions of the plan you will acquire.
i. Packages and rates do not include: distance phone calls, laundry service, safety deposit boxes, medical assistance, medicines, scuba diving lessons and charges not expressly specified in the plan you acquire. All these items have additional charges.
j.There are validities and specific conditions that may apply to some plans that do not include the specific conditions described herein. Therefore, you must inquire about the currency, services, conditions and restrictions of the plan you will acquire.
k.Hoteles Decameron Ecuador S.A. accepts the following payment methods for tourism plans:
a.Cash deposit at checking account No. 34460280-04 at Banco Pichincha under the name of Hoteles Decameron Ecuador S.A. or directly at the Decameron offices.
b.Credit Card payment under the conditions established by Decameron. Credit Card payments may cause financial surcharges not specified in the program.
l. Rates for charter plans and regular flights do not include airport fees to exit the country of origin or destination. However, Decameron will collect the exit fee from Ecuador as well as the exit fee of the destination country upon payment of the reservation.
m.The traveler must inquire about the specific conditions of each plan regarding supplements for type of room and/or weekends, for all plans during all seasons. These supplements are liquidated per person per night.
n.The rates of tourism plans apply according to the established seasons. During some dates of the year, even during national holiday long weekends, they are subject to rate variations subject to availability.

o.For All Inclusive Hotel Only a free passenger will be granted upon payment of service charges and transport supplement for every twenty (20) paid adult passengers or one full courtesy passenger for every thirty (30) paying adults. Accommodation of the free passenger shall be double or multiple. For purposes of free passengers, two (2) minors (non-infants) are equivalent to one (1) adult. No free passengers are granted during high season, or for groups with single accommodations, or for minor passengers except if they pay an adult rate.

6.4. CONDITIONS FOR PLANS AT THE ROYAL DECAMERON MOMPICHE, PUNTA CENTINELA AND PUNTA SAL HOTELS

The rates for plans with air transportation are liquidated per person.

Travelers must inquire about the conditions of each plan since supplements for room type, weekends or convention packages apply.

Promotional or regular rates are subject to availability.

Before acquiring a tourism plan with roundtrip air transportation, the traveler must inquire about the airline’s itinerary, as well as its conditions and regulations.

For plans to Royal Decameron Mompiche, Punta Centinel and Punta Sal, the departure cities are Quito or Guayaquil, depending on the destination.

Resident passengers or departing from a different city shall pay connection supplements.

Infants must pay the rate established by the airline directly at the airline’s counter.

Hoteles Decameron S.A. does NOT bear costs generated for lodging, food and/or ground transportation for passengers who reside in cities other than Quito or Guayaquil and that cannot travel to their city of origin due to connection times.

The passenger must reconfirm the departure time of the flight 24 hours before traveling.

Published rates apply for transfers per person. Transfers for groups of 10 or more must request a quote to the email