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Terms & Conditions

Terms & Conditions

Upon booking with Ecochile Spa (hereinafter, “Ecochile“) and issuing the travel confirmation, your access to the use of the service is conditioned on your acceptance and compliance of the following terms and conditions.

1. Tour Contract

Ecochile Spa. is a Chilean travel agency domiciled in Alberto Reyes 27, Providencia, Santiago, Chile acting as tour wholesale operator, that is, a commercial organization that designs and provides tourists packages, products and services, of their own or of third parties, which may comprise transport and lodging among others. Consequently, Ecochile acts as an intermediary between service providers and/or tour operators and the end-user or client (hereinafter, “the Customer“), giving advice for planning and purchasing of tourist packages and it also acts as a tour operator itself.

Ecochile offers day tours, predetermined programs and tailor-made programs.

Day tours are predetermined tourist packages that last only one day and include transport, tourist guide, entrance and food that can be offered regularly or privately.

Predetermined programs are predetermined tourist packages lasting more than one night and include transport, tourist guide, entrance, food and accommodation. They can be offered regularly or privately.

Tailor-made programs are private tourist packages exclusively designed for the Customer which can be done for a day or as long as the Customer demands.

The Customer might book Ecochile’s services either through its official website, by email or orally (personally at the agency or by telephone). It is also possible for the Customer to register on behalf of other participants (which shall be individualized in a list), for whom he/she takes full contractual responsibility by a separate declaration. The contract becomes effective once the booking is done. It is understood that the booking is done once the Customer receives a travel confirmation document in his email or in paper form from Ecochile’s travel consultant.

All communications between Ecochile and the Customer will be done preferably by email and if it is not possible, by phone.

In everything not foreseen in this terms and conditions, the Consumer Protection Act (Act No. 19496) shall be applicable (https://www.leychile.cl/Navegar?idNorma=61438)

2. Booking and Payment

In order to have the tourist package booked, the Customer shall proceed with the following payment schedule which will depend on the selected tourist package:

2.1 For Day Tours: 100% of the total price of the trip must be paid prior to the beginning of the tour. Thus, the package will be considered booked only once 100% of the payment is done.

2.2 For Programs: 100% of the total price of the program must be paid prior to the beginning of the tour. Therefore, the package will be considered booked only once 100% of the payment is made.

2.3 Tailor-made packages: As a general rule, 30% of the total price of the tour package must be paid prior to the beginning of the tour. In some occasions (which will depend on the internal supplier and case in which Ecochile will let the Customer know in advance) such sum could be higher. Consequently, a tailor-made package will be considered booked only once 30% (or more) of the payment is made. Kindly note that the remaining 70% of the price (or less) must be paid between 4 and 6 weeks prior to the beginning of the tour, the exact date will be informed to you by your travel agent. In case a booking is done within 10 calendar days prior to the beginning of the tour, the Customer shall pay 100% of the price. Upon receiving the final payment, Ecochile will send the Customer all the hotel vouchers and other relevant travel documents required for the trip within 72 hours.

2.4 For flights booking: Please note that Ecochile also provides a flight booking service in exchange for a handling fee only for flights that are part of one of its packages. 100% of the total price of the flight and the handling fee shall be paid upon reservation of the said package. Upon cancellation of the flight, there will be no reimbursement of the handling fee.

Upon booking payment, Ecochile will send the Customer a travel confirmation invoice and a document containing all the tourist package details.

Ecochile will not be responsible for additional expenses incurred by the Customer in preparing for the trip (i.e. non-refundable air tickets, insurance, visa fees, extra luggage weight, necessary equipment, medical expenses, etc.).

Tour packages prices are quoted in Chilean Pesos (CLP). Upon request, the Customer can pay in USD based on the exchange rate valid on the day of payment, which will be published in Ecochile’s website.

When the payment is made in dollars, the daily exchange rate shall be applicable (and therefore, the exchange rate upon booking might be different than the one valid at the moment of the final payment).

3. Services and change in services

Services provided by Ecochile are those mentioned in the service description in the trip proposal (tailor-made programs) and in its official website https://www.ecochile.travel/es/ (day tours, predetermined programs). Details related to them will be given in the travel confirmation document sent once the booking payment is made. Details contained in the trip proposal or in the official website are binding for Ecochile.

However, Ecochile reserves the right to declare a change in the details before the travel confirmation is made in case of force majeure, a fortuitous event or any other unavoidable condition that jeopardizes the safe and smooth implementation of the travel which will be informed about before the booking payment.

After the tour package is booked, necessary changes or deviations made in good faith to the initial tour service mentioned in the agreed contents of the travel confirmation (such as, but not limited to, hotel substitution, itinerary alteration or reversing the order of places to be visited), are allowed only as long as said changes or deviations are not significant and do not alter the overall plan of the tour. Such changes shall be notified by Ecochile to the Customer at least 24 hours before the tour package begins (except for force majeure and fortuitous event situations, in which case Ecochile should notify the Customer as soon as is practicable). If requested by the Customer, Ecochile will offer the Customer a free change in the booking or a free of cost cancellation not being responsible for any consequential damages. If in Ecochile’s opinion a significant change to an important service is made or the complete cancellation of the service is notified due to circumstances exceeding Ecochile’s responsibility or due to force majeure or fortuitous event situations, Ecochile shall notify the Customer as soon as possible without being responsible for the money refund.

4. Withdrawal by the customer and changes in booking

In relation to withdrawals, article 3 bis b) of the Consumer Protection Act is not applicable. The date of cancellation is the date on which the company receives notice of the Customer’s withdrawal, which shall be done in a written format (personally or by email). The Customer can always withdraw before the start of the tour, bearing in mind that the following administrative charges related to the cancellation of a tour will be applicable:

4.1       Cancellations

For Day Tours:

  • If the cancellation is done less than 2 working days prior to departure 100% of the total value of the tourist package will be considered a non-refundable booking fee;
  • If the Customer cancels between 2 to 30 working days before the tour has been scheduled, there is 50% of the tourist package non-refundable booking fee;
  • If the cancellation is done before 30 working days prior to departure, 20% of the total value of the tourist package is considered a non-refundable booking fee.

Tour Packages:

  • If the cancellation is done between 1 and 14 days prior to departure 100% of the total value of the tourist package will be considered non-refundable;
  • If the Customer cancels 27 – 15 days before the tour has been scheduled there is 70% of the booking fee of the tourist package considered as non-refundable;
  • If the cancellation is done before 59 – 28 days prior to departure 50% of the total value of the tourist package is considered a non-refundable booking fee.
  • If the cancellation is done before >60 days prior to departure 30% of the total value of the tourist package is considered a non-refundable booking fee.

4.2 Booking changes

Itinerary changes are possible as long as they are available and do not generate extra costs for Ecochile. Otherwise the cost of the itinerary changes shall be assumed by the Customer according to point 4.1.

5.    Limitation of liability:

It is the Customer’s understanding that, according to the nature of the services offered, he/she may be exposed to hazards and elements of potential danger, and that participating in day trips and other tour packages offered by Ecochile entails risk of illness, danger to property, personal injury and loss of life.

The Customer agrees that neither him/her, nor any of his/her heirs, personal or legal representatives, or family members will bring suit or make a claim for illness, injury, loss or damage to property, or loss of life resulting from any acts or omissions, including any negligence of Ecochile, its employees, directors, owners, officers, agents, contractors or affiliated organizations as a result of his/her participation in the tourist packages.

6. Insurance

It is assumed by Ecochile that the Customer is aware of the risks and hazards of participating in the tourist packages. A medical certificate of the Customer’s health condition (as evidence that the Customer is physically qualified to be accepted on the trip) will be required before the tour begins. If such certificate is not provided by the Customer, he/she expressly declares the exemption from liability of Ecochile as the company will not be responsible for any medical illness derived from a medical condition that was not declared by the Customer.

In order to prevent unexpected (and expensive) medical emergencies, Ecochile strongly recommends buying travel insurance suitable for the Customer’s tourist package. Such insurance should at least include damages for personal accidents, and medical expenses (ideally, the provision of an air ambulance if necessary) incurred during the package.

7. Policy on abuse, sexual harassment and molestation

Ecochile is against any form of discrimination and particularly against any one based on age, race, color, religion, national origin, marital status, disability and gender. The company expressly condemns conduct that approves or incites discrimination. It also disapproves of any form of sexual harassment or child molestation occurring during the tours. In case of children under 18 years old participating in the tour, a letter of explicit consent must be filled in by the accompanying adult. Ecochile also requires a legal document that proves the relationship existing between the child and the adults.

8. Obligation to cooperate

The Customer is responsible for being in sufficiently good health to undertake the trip they have chosen, bringing appropriate clothing and equipment as recommended by Ecochile, taking care of his/her personal hygiene, acting in an appropriate and respectful manner in accordance with local customs and completing the itinerary as scheduled (or as adjusted if applicable). The Customer must cooperate in the event of disruption to the service in order to avoid any damages or to keep them to a minimum. He/She must immediately inform the local tour guide about any complaints he/she might have.

9. Ineffectiveness of individual regulations

The invalidity or unenforceability of any clause of the present Agreement shall not affect the validity or enforceability of any other provision. Any invalid or unenforceable provision shall be deemed severed from this Agreement to the extent of its invalidity or unenforceability, and this Agreement shall be construed and enforced as if the Agreement did not contain that particular provision to the extent of its invalidity or unenforceability.

10. Privacy and Personal Data Protection

Ecochile uses cookies (small text files that are entered in the computer) in order to collect information about how visitors use the website and what the Customer’s preferences are. It is possible to accept or decline to use them but most web browsers automatically accept them (notwithstanding, it is usually possible to modify the settings to decline the use of cookies). Please note that cookies do not give Ecochile access to the Customer’s computer or other personal information about him/her other than that which he/she decides to share with them (Ecochile does not collect personal data when using cookies).

Ecochile is expressly authorized under article 4 of Data Privacy Protection Act (Act No. 19.628) to collect and treat the Customer’s personal data in order to manage Ecochile’s relationship with the Customer before, during and after the tourist activity, manage the booking of accommodation and travels, transmit his/her personal data in relation to the bank account and/or credit card to end service providers, process his/her personal data for marketing operations, promote brands and gain a better understanding of the Customer’s requirements and wishes, manage claims and or complaints, manage the data internally for creating a lists of customers having behaved inappropriately during the tourist packages, adapt Ecochile’s products and services to better meet the Customer’s requirements and inform the Customer of special offers and any new services created by Ecochile.

The above said, the Customer’s personal data is regarded as confidential and therefore will not be divulged to any third party, other than our supplier(s) and, only if legally required, to the corresponding authorities.

By accepting these conditions, the customer exclusively authorizes Ecochile to use his/her image, name, likeness, and/or voice in publicity or advertising relating to the company in Chile without compensation. This authorization is perpetual and includes the right in favor of Ecochile to freely use any and/or all photographic and filmic images (including usage of voice rights) for using them on internet and social networking websites including, but not limited to Facebook, Twitter, YouTube and Instagram, in addition to any type of advertising and graphic material, as well as any photography, recordings, video, film, drawing or representation. The Customer declares that they understand that there is no compensation with respect to the aforementioned authorization.