GENERAL SALES CONDITIONS
We organize guided tours hereinafter referred to as “guided tours”.
Anyone participating in one of the guided tours is hereinafter referred to as a "client", whether he or she made the reservation himself or someone (natural or legal person) made it for him.
Guided tours are led by a guide, hereinafter referred to as “guide”.
Reservations and participation in our tours imply full acceptance of these general conditions of sale.
1. Cancellation conditions
Guided tours take place regardless of weather conditions. Customers are requested to adapt their clothing to the weather conditions expected on the day of their visit.
Aya Huma Free Walking reserves the right to cancel one of its visits in the event of force majeure, sudden and unforeseeable unavailability of the guide, or in the event of an insufficient number of participants. In the event of cancellation at our initiative, we will notify the participants concerned by e-mail (via the contact email provided by the customer when making their reservation). They will be offered to postpone their visit to other time slots and, if applicable, we will reimburse them in full.
The customer can change free of charge up to 7 calendar days before the day of the guided tour (the tour departure time being taken as a reference).
In the event of a request for a change of date within this period, their reservation will be modified for another visit slot, subject to availability of places.
Beyond this notice period of 7 calendar days, no proposal for other slots will be guaranteed in the event of a request to modify the reservation.
Guided tours booked and paid for are not refundable under any circumstances.
No refund will be made in the event of the Customer's absence from the place and time of departure of the guided tour. Likewise, the customer must arrive at the time indicated on his confirmation email. No refund will be made in the event of a later arrival at the departure point of the group from the starting point of the guided tour.
Guided tours are done on foot. By making the reservation, the customer declares for himself and the other participants concerned by his reservation, to be able to follow a group at a normal pace.
The guide supervising the guided tours can decide for the safety of the group (alcoholic client, not respecting the safety rules, etc ...), to ask one or more clients not to take part, or to leave the group in progress guided tour. The affected client (s) must comply without discussion.
A customer thus excluded by the guide will not be able to claim any refund.
The client must be respectful towards the guide and the other participants in the guided tour. Before departure, the guide will give the safety instructions to be observed throughout the guided visit. The customer agrees to respect them scrupulously, throughout the duration of the guided tour. During the guided tour, the client agrees to listen to the instructions given by the guide, whether they are verbal or not (signs made with the hands, etc.). Throughout the duration of the guided tour, the customer undertakes to respect the Ecuadorian highway code, in particular respect for lights, pedestrian crossings, etc. It is forbidden to leave the group during the guided tour, except in case of necessity linked to the safety of all or part of the group or of others, or at the express request of the guide.
The customer will be fully responsible if he finds himself in a situation of violation in view of Ecuadorian law and road safety.
By booking a guided tour, the customer:
Accepts that any accident that may occur while participating in the guided tour that could injure or handicap him (including, but not limited to, physical, emotional, or mental harm) is in no way the responsibility of Aya Huma Free Walking.
Accepts full responsibility for any accident it may cause to others during a guided tour.
Declare that they are the holders of a civil liability insurance policy.
Aya Huma Free Walking has for its part contracted ‚with the Poitiers mutual company, a professional civil liability insurance policy.
Aya Huma Free Walking cannot be held responsible for any loss or damage to the customer's personal effects. The customer is fully responsible for his personal effects during the guided tour.
In order to enjoy the guided tour in the best conditions, the customer is invited to come with only what is strictly necessary. Indeed, no personal item of any kind may be kept during the guided tour, except for biosecurity equipment (See: Covid-19 safety measures).
The parents or legal representatives of any minor participating in the guided tour will be held responsible for any damage caused directly or indirectly by the latter.
Any recording or photograph made by a representative of Aya Huma Free Walking during participation in the guided tour may be used for promotional purposes. Upon simple written request, the customer can request by email to the address firstname.lastname@example.org to remove a publication in which it appears. Under no circumstances will the customer be able to claim any financial compensation.
The content and structure of the guided tours are protected.
During guided tours, it is particularly strictly forbidden to reproduce, film and record by any means whatsoever all or part of the content thereof.
Any reproduction, representation or dissemination, in whole or in part, of the content of the guided tours, of one of their elements (texts, anecdotes, places visited, etc.) or of the circuit traveled for any commercial or promotional purposes, by any means whatsoever and on any medium is prohibited.
Failure to comply with these prohibitions may result in the termination of the guided tour for the offending client without any reimbursement being due by Aya Huma Free Walking and may also incur liability.
These are subject to Ecuadorian law. Any dispute relating to their execution and their consequences will be subject to the jurisdiction of the competent courts of Otavalo to which the Parties expressly grant jurisdiction, including in the event of summary proceedings, warranty claims or multiple defendants.
4. Contractual limitations on technical data.
The website cannot be held responsible for material damage related to the use of the site. In addition, the user of the site agrees to access the site using recent equipment, which does not contain viruses and with an up-to-date latest generation browser
The site https://ayahuma.freewalking.com is hosted by a service provider in the territory of the European Union in accordance with the provisions of the General Data Protection Regulation (RGPD: No. 2016-679)
The objective is to provide a service that ensures the best accessibility rate. The host ensures the continuity of its service 24 hours a day, every day of the year. It nevertheless reserves the right to interrupt the hosting service for the shortest possible periods of time, in particular for the purposes of maintenance, improvement of its infrastructure, failure of its infrastructure or if the Services and Services generate deemed traffic. unnatural.
https://ayahuma.freewalking.com and the host cannot be held responsible in the event of a malfunction of the Internet network, telephone lines or computer and telephone equipment linked in particular to network congestion preventing access to the server.
5. Intellectual property and counterfeits.
https://ayahuma.freewalking.com owns the intellectual property rights and holds the rights to use all the elements accessible on the website, in particular the texts, images, graphics, logos, videos, icons and sounds.
Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the site, whatever the means or process used, is prohibited without the prior written consent of: https://ayahuma.freewalking.com
Any unauthorized use of the site or any of the elements it contains will be considered as constituting an infringement and prosecuted in accordance with the provisions of Articles L.335-2 and following of the Intellectual Property Code.
6. Limitations of Liability.
https://ayahuma.freewalking.com cannot be held responsible for direct or indirect damage caused to the user's equipment when accessing the https://ayahuma.freewalking.com, and resulting either from the use of equipment that does not meet the specifications indicated in point 4, either due to the appearance of a bug or an incompatibility.
https://ayahuma.freewalking.com cannot also be held responsible for indirect damages (such as for example a loss of market or loss of opportunity) resulting from the use of the site https://ayahuma.freewalking.com.
Interactive spaces (possibility to ask questions in the contact area) are available to users. https://ayahuma.freewalking.com reserves the right to remove, without prior notice, any content posted in this space that would violate the law applicable in Ecuador, in particular the provisions relating to data protection. Where applicable, https://ayahuma.freewalking.com also reserves the right to question the civil and / or criminal liability of the user, in particular in the event of a racist, abusive, defamatory or pornographic message, whatever or the medium used (text, photography, etc.).
7. Management of personal data.
The Customer is informed of the regulations concerning marketing communication, the law of June 21, 2014 for confidence in the Digital Economy, the Data Protection Act of August 06, 2004 as well as the General Data Protection Regulation (RGPD: n ° 2016-679).
7.1 Responsible for collecting personal data
For Personal Data collected as part of the creation of the User's personal account and its navigation on the Site, the person responsible for processing Personal Data is: Aya Huma Free Walking, represented by Juan Minda, its legal representative.
As responsible for processing the data it collects, https://ayahuma.freewalking.com undertakes to comply with the framework of the legal provisions in force. It is up to the Client in particular to establish the purposes of its data processing, to provide its prospects and clients, from the collection of their consents, with complete information on the processing of their personal data and to maintain a register of treatments in accordance with reality.
Whenever https://ayahuma.freewalking.com processes Personal Data, https://ayahuma.freewalking.com takes all reasonable measures to ensure the accuracy and relevance of the Personal Data with regard to the purposes for which https://ayahuma.freewalking.com processes them.
7.2 Purpose of the data collected
https://ayahuma.freewalking.com is likely to process the data in order to enhance the experience.