1. Applicability:

a. These terms and conditions for services (these “Terms”) are the only terms that govern the provision of services by Blue Galapagos (“Blue Galapagos”) to those individuals listed on the accompanying order confirmation (each, a “Client” and collectively, “Clients”).  By booking a trip with us you agree to these Terms and your booking will be accepted by us on this basis. 

b. The accompanying order confirmation (the “Receipt”) and these Terms (collectively, this “Agreement”) comprise the entire agreement between the parties, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties and communications, both written and oral between the Parties.  In the event of any conflict between these Terms and the Receipt, these Terms shall govern. 

c. Clients understand that Blue Galapagos is not the supplier of the travel services that have been requested.  Blue Galapagos acts solely as an agent for the actual suppliers of the travel services.  Clients are advised that Blue Galapagos works directly with Sulidae Yacht CIA LTDA (“Sulidae”) as a local travel service provider located in the Galapagos Islands.

2. Services:

Blue Galapagos shall provide the services to Clients as described in the order confirmation (the “Services”) in accordance with these Terms.  

3. Client’s Obligations: 

a. Each Client shall (i) cooperate with Blue Galapagos in all matters relating to the Services and (ii) provide such Client’s materials or information as Blue Galapagos may reasonably request to carry out the Services in a timely manner and ensure that such Client’s materials or information are complete and accurate in all relevant respects. 

b. Clients consent to and request the use of Sulidae.  

c. Clients further understand and acknowledge that travel to many parts of the world may involve the risk of a variety of hazards to their health and/or safety, including but not limited to disease, crime, terrorism, warfare, civil unrest, natural disasters, theft, and financial default/bankruptcy of suppliers.  Because each traveler’s risk tolerance is different, Blue Galapagos is not in a position to advise Clients whether they should travel to any particular place at any particular time.  Rather, to assist Clients in making an informed decision, Clients should refer to objective third-party sources of travel information such as those maintained by the U.S. Department of State (www.travel.state.gov) and the CDC (www.cdc.gov).  Clients assume the risk of travel, and agree that Blue Galapagos is not liable for any damages, injury, or other loss arising from, or related to, any such health or safety hazard, or any other conditions, actions, or omissions that are beyond its reasonable control.

d. Clients understand that the Transportation Security Administration (TSA) requires Clients to carry government-issued identification in order to board a flight.  Clients have been advised that the name, date of birth, and gender that appears on the identification must exactly match the same data that is listed on the Client’s airline ticket and in the Client’s booking records.  Clients acknowledge that their failure to strictly comply with these requirements may result in denied boarding or an undue delay at an airport security checkpoint which may cause Clients to miss their flight.  Clients understand that changing any aspect of their travel arrangements may result in additional costs, and that Blue Galapagos will not provide any refund for missed trips, either in whole or in part.  Clients understand it is their responsibility to review their travel documents for accuracy immediately upon receipt and understand that they must contact Blue Galapagos immediately if any corrections are needed.  Clients assume sole responsibility for any risks and costs associated with a failure to request any necessary corrections.

e. Clients further acknowledge that beginning on May 3, 2023, Clients must present a driver’s license or another form of identification that complies with the requirements of the Federal Real ID Act (see www.dhs.gov/real-id for more information).  Clients understand that if traveling internationally, Clients must have a valid passport and, depending upon their destination and nationality, Clients may need to obtain one or more visas. 

f. Clients understand it is their responsibility to carefully review all entry requirements to all destinations.  Passport and visa information may be obtained by contacting the Travel Agent Section of the U.S. State Department at 202-647-5225 or by visiting the State Department’s website at www.travel.state.gov.  Non-U.S. passport holders should be sure to contact the embassies of their destination and transit countries to obtain entrance requirements.  To obtain medical information Clients may contact the Centers for Disease Control at 404-332-4559 or visit the CDC’s website at www.cdc.gov.

4. Client’s Acts or Omissions:

If Blue Galapagos’ performance of its obligations under this Agreement is prevented or delayed by an act or omission of the Client’s, Blue Galapagos shall not be deemed in breach of its obligations under this Agreement or otherwise liable for any costs, charges, or losses sustained or incurred by the Client, to the extent arising directly or indirectly from such prevention or delay. 

5. Limitation of Liability:

a. Clients agree not to hold Blue Galapagos responsible should Sulidae: (i) fail to provide the travel services purchased; (ii) fail to comply with any applicable law; or (iii) engage in any negligent act or omission that causes Clients any sort of injury, damage, delay, or inconvenience.

b. IN NO EVENT SHALL BLUE GALAPAGOS BE LIABLE TO ANY CLIENT OR TO ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT BLUE GALAPAGOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

c. IN NO EVENT SHALL BLUE GALAPAGOS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID OR PAYABLE TO BLUE GALAPAGOS PURSUANT TO THE RECEIPT.  

6. Force Majeure: 

No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations of a Client to make payments to Blue Galapagos hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s control, including, without limitation (a) acts of God; (b) flood, fire, earthquake, explosion, epidemics, pandemics (i.e., Covid-19); (c) war, invasion, terrorist threats or acts, riot or other civil unrest; (d) government order, law, or action and (e) embargoes or blockades in effect on or after the date of this Agreement. 

7. Cancellation Policy:

If any term or provision of this Agreement is invalid, illegal, or unenforceable for any reason, that term or provision shall be deemed severable from the remainder of these Terms and shall not affect the validity or enforceability of any remaining clauses.

Clients agree that any dispute arising out of or relating to these Terms and Conditions will be submitted to final binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association and shall be governed by the laws of the State of New York.  Clients understand that arbitration is their sole recourse and may not file a lawsuit against Blue Galapagos.  

By booking a tour with us, clients understand and agree to the cancellation policy found here.

8. Governing Law: 

All matters arising out of or relating to this Agreement are governed by, and construed in accordance with, the laws of the State of New York without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than those of the State of New York. 

Privacy Policy of Blue Galapagos

Blue Galapagos operates the https://www.gobluegalapagos.com/ website, which provides the SERVICE.

This page is used to inform website visitors regarding our policies with the collection, use, and disclosure of Personal Information if anyone decided to use our Service, the gobluegalapagos website.

If you choose to use our Service, then you agree to the collection and use of information in relation with this policy. The Personal Information that we collect are used for providing and improving the Service. We will not use or share your information with anyone except as described in this Privacy Policy.

The terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, which is accessible at https://www.gobluegalapagos.com/, unless otherwise defined in this Privacy Policy.

Information Collection and Use

For a better experience while using our Service, we may require you to provide us with certain personally identifiable information, including but not limited to your name, phone number, and postal address. The information that we collect will be used to contact or identify you.

Log Data

We want to inform you that whenever you visit our Service, we collect information that your browser sends to us that is called Log Data. This Log Data may include information such as your computer’s Internet Protocol ("IP") address, browser version, pages of our Service that you visit, the time and date of your visit, the time spent on those pages, and other statistics.

Cookies

Cookies are files with small amount of data that is commonly used an anonymous unique identifier. These are sent to your browser from the website that you visit and are stored on your computer’s hard drive.

Our website uses these "cookies" to collection information and to improve our Service. You have the option to either accept or refuse these cookies, and know when a cookie is being sent to your computer. If you choose to refuse our cookies, you may not be able to use some portions of our Service.

Service Providers

We may employ third-party companies and individuals due to the following reasons:

• To facilitate our Service;

• To provide the Service on our behalf;

• To perform Service-related services; or

• To assist us in analyzing how our Service is used.

We want to inform our Service users that these third parties have access to your Personal Information. The reason is to perform the tasks assigned to them on our behalf. However, they are obligated not to disclose or use the information for any other purpose.

Security

We value your trust in providing us your Personal Information, thus we are striving to use commercially acceptable means of protecting it. But remember that no method of transmission over the internet, or method of electronic storage is 100% secure and reliable, and we cannot guarantee its absolute security.

Links to Other Sites

Our Service may contain links to other sites. If you click on a third-party link, you will be directed to that site. Note that these external sites are not operated by us. Therefore, we strongly advise you to review the Privacy Policy of these websites. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.

Children's Privacy

Our Services do not address anyone under the age of 13. We do not knowingly collect personal identifiable information from children under 13. In the case we discover that a child under 13 has provided us with personal information, we immediately delete this from our servers. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us so that we will be able to do necessary actions.

Changes to This Privacy Policy

We may update our Privacy Policy from time to time. Thus, we advise you to review this page periodically for any changes. We will notify you of any changes by posting the new Privacy Policy on this page. These changes are effective immediately, after they are posted on this page.

Contact Us

If you have any questions or suggestions about our Privacy Policy, do not hesitate to contact us.