Términos y Condiciones Generales

Xayma del Ecuador

"Travel is happiness...! Joy to remember...!"

1. Acceptance of Terms

By accessing and using our website, you agree to comply with these terms and conditions, our Privacy Policy, Cookie Policy, and all applicable laws and regulations. If you do not agree with any of these terms, please do not use our site.

2. Definitions

User: Person who accesses and uses the website.

Content: All information, text, graphics, photos, or other materials available on the site.

Services: All products, services, and functionalities offered through the website.

3. Acceptable Use of the Site

The user agrees to use the website in accordance with the law, morality, public order, and these terms. The following is strictly prohibited:

  • Using the site for unlawful purposes or contrary to these terms
  • Engaging in activities that may damage, disable, or overload the service
  • Attempting to access restricted areas of the system or breach security measures
  • Impersonating other users or providing false information
  • Posting defamatory, obscene, discriminatory, or illegal content
  • Using robots, spiders, or any other automatic device to access the site
  • Commercializing or reselling the services without express authorization

4. Intellectual Property

All website content (texts, images, logos, software, designs, trademarks, etc.) owned by the company or third parties and legally protected may not be reproduced, distributed, transformed, or used without the express authorization of their respective owners. Unauthorized use may constitute a violation of intellectual and industrial property laws.

5. User-Generated Content

By posting content on our website, the user grants us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, and display such content for operational and promotional purposes.

6. Image and Multimedia Rights

By participating in our trips, tours, or services and sharing photographs, videos, or multimedia content with our company or tagging us on social media, the user grants us the irrevocable, perpetual, royalty-free right to use, reproduce, modify, adapt, publish, translate, and distribute such material in any medium and format for promotional, commercial, and advertising purposes.

The user declares to be the holder of the rights to the shared images or to have the necessary authorizations to grant this license. If you wish for a specific image not to be used, you may request it in writing at [EMAIL_LEGAL].

7. Nature of Virtual Assistant Support

7.1. Preliminary Informative Nature: Customer service, commercial advice, quotes, and inquiries provided through our virtual assistants are preliminary and for informational purposes only. All communication through these systems should be understood as indicative and non-binding.

7.2. Final Confirmation: The information provided by virtual assistants, including availability, prices, conditions, and service features, is subject to change and is only considered final after:

  • Completing the formal reservation process through our official channels
  • Making the corresponding payment according to the established conditions
  • Receiving written confirmation by email or through our system

7.3. Recommended Verification: For critical information related to travel requirements, restrictions, or special conditions, we recommend contacting our human staff directly for final confirmation.

7.4. Limitation of Liability: We are not responsible for discrepancies between the information provided by virtual assistants and the final confirmation, nor for decisions made solely based on interactions with automated systems prior to official confirmation.

8. Account Registration and Security

To access certain functionalities, you must register by providing truthful, accurate, and complete information. You are responsible for maintaining the confidentiality of your credentials and all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

9. Privacy and Cookies Policy

Your personal data will be processed in accordance with our Privacy Policy. We use cookies to improve your experience; you can manage your preferences in our Cookie Policy. Both policies are an integral part of these terms.

For end-customer inquiries, contact [EMAIL_CLIENTE].

10. Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the service at any time. We will not be liable if all or part of the site is unavailable at any time.

11. Cancellations and Refunds Policy

11.1. Cancellation Conditions: Cancellations are subject to our specific policy for each service. Cancellation fees vary depending on the type of service, provider, and notice period.

11.2. Refund Requests: All refund requests must be submitted in writing to [EMAIL_CONTABILIDAD].

11.3. Changes or Modifications: For changes or modifications to reservations, contact [EMAIL_OPERACION].

11.4. Quotes: For quotation requests, contact [EMAIL_COTIZACION].

11.5. Group Reservations: For group reservations, contact [EMAIL_GRUPO].

12. Purchases and Transactions

Prices displayed are subject to change without prior notice. We reserve the right to limit purchased quantities and refuse orders. Applicable taxes will be added during the checkout process.

13. Limitation of Liability

To the maximum extent permitted by law, we are not liable for indirect, incidental, special, or consequential damages resulting from the use or inability to use the service, including loss of profits or data.

14. Applicable Law and Dispute Resolution

These terms shall be governed by the laws of the Republic of Ecuador. For any dispute arising from the interpretation or execution of these terms, the parties shall submit to the jurisdiction of the competent courts of the city of Ibarra, after attempting mediation through the Ibarra Chamber of Tourism.

15. Amendments to Terms

We may amend these terms at any time. Changes will take effect when published on the website. Continued use of the service after such changes constitutes your acceptance of the new terms.

16. Severability

If any provision of these terms is deemed invalid or unenforceable, the remaining provisions shall continue in full force and effect.

17. Electronic Communications and Social Media

By using our services, you agree to receive electronic communications from us (emails, in-app messages, push notifications) for transactional, marketing, and customer service purposes.

You may opt out of receiving marketing communications at any time via the unsubscribe links included in our messages or profile settings on our social media. For exclusion from essential transactional communications, contact [EMAIL_PRIVACY].

18. Third-Party Content and User-Generated Content

We are not responsible for user-generated or third-party content appearing on our site. We reserve the right to remove any content we deem inappropriate, offensive, or in violation of these terms without prior notice.

19. Service Updates and Modifications

We reserve the right to update, modify, or discontinue any feature or functionality of the service at any time. Updates may occur without prior notice, although we will make reasonable efforts to notify significant changes.

20. Accuracy of Information

Although we strive to provide accurate and up-to-date information, we do not guarantee the accuracy, completeness, or timeliness of any content on our site. Information is subject to change without prior notice.

21. Complimentary Services, Courtesies, and Incentives

The company may offer complimentary services, courtesies, discounts, or special incentives to users subscribed to plans, loyalty programs, or considered VIP collaborators. These benefits are exclusively for promotional and commercial purposes and do not create any employment relationship, dependency, contractual obligation, or rights to remuneration between the company and the beneficiaries.

22. Collaborators and Clients

Collaborators and clients of the company must respect these terms and conditions, as well as the internal rules of interaction and participation. The company may establish additional policies to ensure the proper use of its services, platforms, and business relationships, and reserves the right to take action in case of non-compliance, including suspension of access or services.