Terms and Conditions

1. Our Agreement With You

Tourist Information, Products and Suppliers

We are EXPLORE UVITA, a TOUR AGENCY acting as intermediary or a “Booking Agent” for products and services that are not directly supplied by us (e.g., tours, cruises, transportation, private chef, etc.) and we look forward to the opportunity to act as your booking agent for your travel needs. These general terms and conditions (the ”GTC”’) describe what you are legally entitled to expect from us when you purchase travel related services through us, in addition to your obligations as a customer. The terms “we”, “us” and “our” refer to EXPLORE UVITA. The term “you” and “your” refers to the customer visiting our website, booking a reservation through us or otherwise using our services; also, the term “you” and “your” include the first named person on the booking and all the persons on whose behalf a booking is made or any other person to whom a booking is added or transferred.

We sell a variety of travel related products from different suppliers and service providers (“Suppliers”). Each Supplier has its own terms and conditions that are applicable to your particular arrangements in addition to our general terms and conditions, and you should make sure you understand them. Certain content found on our website (pictures, videos or descriptions) are owned or licensed by us or our Suppliers, your use of which may be subject to further conditions. Our website, can be found at www.exploreuvita.com.

When you make a booking you guarantee that you have the authority to accept, and do accept on behalf of your party, the terms of these booking conditions. This contract is made on the terms of these booking conditions, which are governed by Costarican law, and the jurisdiction of the Ministerio de Hacienda.

EXPLORE UVITA acts at all times as a booking agent or disclosed retail agent on behalf of the supplier(s) involved with your holiday booking. As a booking agent or disclosed retail agent, the company’s role is to ensure that all travel components/services booked correspond with what has been agreed with you at the time of booking. In the case of those components/services deviating from what has been agreed due to the supplier(s’) inability to honour the contract, then EXPLORE UVITA will open a communication dialogue between the relevant supplier(s) and the customer and will not be liable for any compensation claims. In this context, Explore Uvita cannot be held responsible for any changes imposed by the suppliers nor can be considered liable for any omissions/mistakes, unless the latter occur due to our negligence. Ultimately, the customer will enter into a trading relationship with EXPLORE UVITA, which will be restricted solely to the above mentioned role of the company as a booking agent or disclosed retail agent, as well as with the various suppliers involved who will have the responsibility to provide in full the services/products advertised at the time of booking.

Our website also describes the local attractions and most popular beaches, waterfalls or highlights in the Uvita area. We refer to these descriptions as the “Tourist Information”.

Prices, Deposits and Payment

For most activities, you will be required to pay a deposit or make full payment for your booking at the time of booking. Where you only pay a deposit you must pay the full balance by the balance due date notified to you (usually on the day of the tour). If full payment is not received by the balance due date, we will notify the supplier who may cancel your booking and charge the cancellation fees set out in their Terms and Conditions. Except where otherwise advised or stated in the booking conditions of the supplier concerned, all monies you pay to us for arrangements will be held on behalf of the supplier(s) concerned.

Payments by credit cards, debit cards, or Paypal might be subject to a handling fee.

Unless otherwise specified and agreed in writing by EXPLORE UVITA, a booking is only confirmed when a deposit has been received.

All the prices mentioned in the brochures, social medias, website or offers are subject to change without notice. We reserve the right at any time to modify or discontinue the advertised tour or service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of this tour/service.

Also, all the prices mentioned in the brochures, social medias, website or offers are determined by the Supplier and not by EXPLORE UVITA. Therefore, we are not responsible for any price change that wouldn’t match our content. If we always try to keep our information as updated as possible, some changes may occur based on the Supplier internal policy (most of the times due to the season, the availability, the cost of fuel, taxes or exchange rates fluctuation).

All prices listed are in US dollars.

Some of our Suppliers include the VAT (usually at 13% in Costa Rica) in their prices, others do not. Please contact us if in doubts.

Documentation

Our general practice is to send documents to our customers electronically by email, WhatsApp, Telegram or Messenger.

Bookings, Cancellations and Changes

Booking and Changes

These terms of business set out the basis on which we arrange the tours or services on your behalf with the third party suppliers.

When you make a booking you guarantee that you have the authority to accept and do accept on behalf of your party these terms of business. This means that you are responsible for making all payments due, notifying us if any changes or cancellations are required and for receiving the confirmation and keeping your party informed.

Any cancellation or amendment request must be sent to us in writing, by email. You must pay us the cancellation or amendment charge as stated in section Cancellation fees.

With regard to changes and cancellations made by the Supplier, we will inform you as soon as reasonably possible. If we offer alternative arrangements or a refund, you will need to let us know your choice within the time frame we stipulate. If you fail to do so we will assume that you have accepted the change.

Our responsibilities are limited to making the booking in line with your instructions. We do not accept responsibility for any information about the tour or service that we pass on to you in good faith. However, in the event that we are found liable to you on any basis whatsoever, our maximum liability to you is limited to the total cost of your booking (or the appropriate proportion of this if not everyone on the booking is affected).

The booking information that you provide to us will be passed on only to the relevant Suppliers or other persons necessary for the provision of your tour or service. This applies to any sensitive information that you give to us such as details of any physical limitations, or dietary and religious requirements, contact information or payment details. In making this booking, you consent to this information being passed on to the relevant persons.

Cancellation fees

If you cancel your arrangements with us, you will be bound to the Terms and Conditions of the Supplier. This is very important for you to understand that EXPLORE UVITA is just acting as an intermediary. Only the Supplier will make the decision to issue a partial or a full refund according to their own Terms and Conditions. These may change from one Supplier to another. An exhaustive copy of each Supplier’s Terms and Conditions can be sent to you by email if requested before or after your purchase. Please send your request to info@exploreuvita.com.

It is your responsibility to be punctual and show up on time for your excursion or your appointment. We strongly recommend that you follow our timings as indicated in your tour or service confirmation. Please note that failing to respect these timings may result in a no-show and the cancellation of your tour or service without the right to claim a refund. If no deposit was paid beforehand, the general terms and conditions of the Supplier apply and a full payment may be requested even if you didn’t receive the service or participate in the tour or service booked.

If the reason for your cancellation is covered under the terms of your travel insurance policy, you may be able to reclaim your cancellation charges through your insurer.

On individual and/or difficult dates (i.e. Christmas, New Year, Envision or Easter Week) EXPLORE UVITA reserves the right to demand deposits, which are non-refundable in case of cancellation. For individual dates and/or difficult travel periods, EXPLORE UVITA furthermore reserves the right to modify its cancellation terms.

Weather, unpredictable events

In case of bad weather, a tour is not necessarily canceled. Only the Supplier can make the final decision to cancel a tour due to bad weather, security concerns or any other unpredictable event. We will always reach out to you as soon as possible to inform you whether a tour had to be canceled but sometimes these decisions can be made at the last minute. If the Supplier needs to cancel the tour, their Terms and Conditions apply. In most cases, you will be offered to reschedule your activity or, if a deposit was paid, a full refund will be issued.

Responsibilities

EXPLORE UVITA acts as a consultative agency but we are not a tour operator or a carrier and for that reason we cannot be deemed responsible for any injuries or accident occurring during a tour or a transfer.

When booking a tour or a service with EXPLORE UVITA, you agree that we shall not be liable for any damages and losses incurred, or any other causes not within the power of EXPLORE UVITA. We do not accept economic and civil responsibilities for losses or accidental expenses due to weather, strikes, sickness, war, riots, theft, acts of nature, vandalism, medical and hospitalization expenses or any other causes not within the power of EXPLORE UVITA. All such losses or expenses are the responsibility and are assumed by you (the traveler or the client). By enrolling in and tendering payment for any and all services, participants agree to accept and agree to be bound by these terms and conditions.

The Tourist Information displayed on our website or described in our brochures, social medias or by email is purely informative. Under no circumstances will EXPLORE UVITA be responsible for any accident or losses that would occur to you when visiting these places.

2. Your Agreement With Us

Your Acceptance of these Terms and Conditions

By booking your tour or service with us or by using our website, you are agreeing to be bound by the terms of these General Terms and Conditions, including its Parts 1-3 and any additional terms and conditions of any Supplier that are applicable to your booking, travel arrangements or use of any website content. You agree on behalf of yourself and those you represent to comply with all such terms and conditions, including the payment of all amounts when due. You agree that any violation of any such terms and conditions may result in (a) the cancellation of your reservation or purchase, (b) your forfeiture of any monies paid for your reservation or purchase, (o) you being denied access to the applicable travel related product or service, and (d) our right to debit your account for any costs we incur as a result of such violation.

You represent and warrant that (a) you are of sufficient age to use our services (at least 18 years old) and website and can create binding legal obligations in connection with your use, (b) you are legally authorized to act on behalf of those you represent and accept these terms and conditions on their behalf, and(c) the information supplied by you or members of your group is true and correct You are responsible for informing such other persons of all terms and conditions applicable to their (ravel arrangements. You understand that you are financially responsible for any use of our services or website by you and those using your name or account.

If You Have A Complaint

If you have a problem in the execution of your tour or service, you must firstly inform the relevant local Supplier (e.g. the tour operator, cruise ship, massage therapist, etc.) immediately about the complaint and the issues must be solved at place, is possible. Should they be unable to resolve the matter, please immediately contact us by email: info@exploreuvita.com. If you fail to contact us on time, we will not be permitted the opportunity to investigate your complaint and attempt to rectify any error while you are away, and this may affect your rights under this General terms and conditions. All the complaints have to be sent or communicated to EXPLORE UVITA in written form, within a maximum 7 calendar days after the end of the tour. Please note that you must firstly communicate your complaint to your relevant local Supplier, if not, a complaint addressed firstly to us shall not be relevant.

Health Requirements

It is your responsibility to inform us of any health condition that could affect the operation of your excursion. We do not accept any responsibility in the case of you being unable to participate in the schedule activity due to not complying with the Terms and Conditions of the Supplier.

Insurance

Travel insurance is a vital part of your arrangements. We strongly recommend that all travelers are adequately insured before travelling to Costa Rica, for the whole duration of your journey. If you live in Costa Rica, purchasing additional insurance to cover your extreme adventure tours is also recommended (ziplining, scuba diving, river rafting, etc…). In any event, we strongly advise that you take out a policy of insurance in order to cover you and your party against the cost of cancellation by you; the cost of assistance (including repatriation) in the event of accident or illness; loss of baggage and money; and other expenses.

Your Responsibilities

We remind you that under section 1 of these GTC, you are responsible for following the Terms and Conditions of our Supplier and for anything that would happen to you when visiting one of the places recommended by EXPLORE UVITA.

The tourist information, products and services displayed on our website or described in our brochures, social medias or by email is purely informative. You must always use caution and common sense when visiting tourist places: lock your car, do not bring any valuables with you, be mindful of the currents at the beach, access every outdoor area with the proper equipment/gear (e.g. closed toe shoes in the rainforest, water shoes in the waterfalls, etc…), use sun protectors, drink enough water, don’t be under the influence of drugs or alcohol, etc…

Use of our Services and Website

You agree you will only use our website or services to make legitimate reservations or purchases and shall not make speculative, false or fraudulent reservations or reservations in anticipation of demand. You will only use our website and services in compliance with applicable law.

Without our prior written permission, you may not (a) access, monitor or copy any content or information on our website using any “robot”, “spider” or other automated or manual device or program, (b) deep link to any portion of our website, or (c) “frame” or incorporate any portion of our website into any other website.

Privacy Policy

You consent to our processing and sharing of personal data/information about you and other members of your party that you have provided to us in accordance with the general terms and conditions. You represent that you have read and agree to the terms of our privacy policy, which can be found at https://exploreuvita.com/privacy-policy/

3. Additional Terms

The information, software, products and services provided by us or our suppliers or published on our website may include inaccuracies or errors, including pricing errors. We do not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to such information that appears on our website. We expressly reserve the right to correct any pricing errors on our website and/or on pending reservations made under an incorrect price.

We reserve the right at any time to modify this Agreement without prior notice to you. Please refer to our website at http://www.exploreuvita.com from time to time to review the most current version of the GTC.

PAYMENT OF THE TOUR PRICE CONSTITUTES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS SET OUT HEREIN.