Terms and conditions
GENERAL TERMS AND CONDITIONS
Date of issuance: 6th of March, 2023
I. GENERAL TERMS AND CONDITIONS AND ACCEPTANCE
This document describes the general terms and conditions (the “General Terms and Conditions”) applicable to the access and use of the services (“the Services”) offered by SUMMIT STOKE KRAGMANNSERRANO S.A.S (hereinafter referred to as “Summit Stoke”) within the website https:// www.summitstoke.com (hereinafter the “Website”), where these Terms and Conditions are in force.
SUMMIT STOKE KRAGMANNSERRANO S.A.S. is a services provider that makes use of the Website to sell and advertise its Services.
Any person who wishes to access and/or subscribe and/or use the Website or the Services may do so subject to the General Terms and Conditions that are incorporated herein directly or by reference or that are explained and/or detailed in other sections of the Website. Consequently, all visits, all contracts and transactions carried out on this Website, as well as their legal effects, will be governed by these rules and subject to the applicable legislation in Ecuador.
The Terms and Conditions contained in this document will be applied and will be applied to all the Services commercialized by Summit Stoke in this Website to the Users of this Website.
Access to the Site and the Services offered by Summit Stoke by any person (who will be called “User”) will be governed by these Terms and Conditions, and it will be understood that whoever visits the Site or carries out activities through it, accepts them unconditionally. The foregoing also includes acceptance of the personal data processing policy (the “Privacy Policy Personal Data Protection Policy”) that is published on this Site and that is an integral part of this document, as well as any other document that Summit Stoke makes public on this Site and regulates its use or its Services.
Consequently, the User must carefully read the Terms and Conditions when registering as a User and each time he/she uses the Services offered on the Website, since these may be modified. Likewise, the use of the Website is subject to all the notices, indications and instructions for use made known to the User by Summit Stoke, which replace, complement and/or modify these “Terms and Conditions”. ANY PERSON WHO DOES NOT ACCEPT THESE TERMS AND CONDITIONS, WHICH ARE MANDATORY AND BINDING, MUST REFRAIN FROM USING THE SITE AND/OR THE SERVICES.
The User must read, understand and accept all the conditions established in the General Terms and Conditions and in the Personal Data Protection Policies of SUMMIT STOKE as well as in the other documents incorporated therein by reference, prior to your registration as a User.
II. CONDITIONS TO SERVICES OFFERED
SUMMIT STOKE will collect its online payments through Summit Stoke Consulting ApS:
CVR Number: 39419912
Address: Vaerkstedsvej 8, Skrillinge
Postal Code: 5500
City: Middelfart
Country: Denmark
The provision of Services (Travel agency and operator) in Ecuador will be handled directly by SUMMIT STOKE KRAGMANNSERRANO S.A.S.:
RUC: 1792923360001
Address: Iñaquito. Benalcazar CD / E10 Republica De El Salvador. N34140 / Suiza
City: Quito
Country: Ecuador
Telephone: +4531418109
E-mail: info@summitstoke.com
The User acknowledges and accepts other third-party contractors may be hired in Ecuador in certain cases.
All claims will be directly addressed by SUMMIT STOKE KRAGMANNSERRANO S.A.S only.
2.1 Services Offered
Mountaineering expeditions in the high altitude of the South American Andes
2.2 Booking, Registration and Reservations
a) Reservations must be made at the latest 30-days prior to date of departure.
b) Users are required to send us a non-refundable deposit of 30% of the total cost of the chosen mountain experience / trip by the payment platform WETRAVEL. Please see payment instructions in section III.
c) In order to book or participate in any Summit Stoke trip the participant must be at least 18 years old.
d) Deposits are non-refundable except in the cases mentioned herein.
e) Prices are subject to change as a result of forces outside Summit Stoke’s control. The participant will be informed of any changes in price at the latest 31 days prior to departure. If the price exceeds 10% of the original cost of the trip the participant will be entitled to cancellation with a full refund. If the participant chooses to cancel the trip due to the price exceeding 10%, the cancellation must be given in writing at the latest 15-days from the date notice has been given by Summit Stoke concerning the price change.
f) Confirmation of the participant’s booking does not necessarily mean that the participant’s chosen trip is confirmed to run as Summit Stoke needs a minimum number of participants in order to operate. If the trip is cancelled due to a lack of participants, Summit Stoke will refund the totality of the participant’s payment.
g) Summit Stoke does not cover any additional charges that the participant may incur to participate in the trips, other than those detailed in the description of the purchased trip.
2.3 Travel Requirements
a) Each participant must fill out an online registration form when booking. The registration form will be reviewed by Summit Stoke staff and confirmed by e-mail. Summit Stoke reserves the right to reject participation of a prospective participant based on the information the participant has provided in the registration form. It is also required of the participant to inform Summit Stoke of any changes to the information in the completed registration form before the departure date of the chosen trip.
b) In order to participate in any of Summit Stoke’s trips the participant is required to purchase an (or several) insurance(s) which cover not only private travel, but also high-altitude mountaineering (e.g. helicopter rescue, field rescue and evacuation above 20,000 feet), as well as COVID-19 medical coverage. It is the sole responsibility of the participant to research and obtain such travel insurance prior to departure and to send Summit Stoke a copy of their insurance policy by e-mail at least 5 days prior to the departure date. The participant should also please make sure to carry a printed version of the participant’s insurance documents on the trip. The participant understands and agrees that the participant is entirely responsible for any costs associated with obtaining such travel insurance(s).
c) Ecuador welcomes visitors from most countries for 90 days, issuing a T3 visa stamp upon arrival. However, it is the sole responsibility of the participant to check whether any visa regulations apply to their nationality and to acquire such visa prior to departure. The participant understands and agrees that the participant is entirely responsible for any costs associated with obtaining such visa. It is also the sole responsibility of the participant to ensure that the participant’s passport has a validity of at least 6 months from their entry date in Ecuador.
d) It is the sole responsibility of the participant to ensure that he/she complies with any health regulations applied to visitors traveling to Ecuador.
e) We recommend that the participant gets vaccinations against Hepatitis A, Hepatitis B, Typhoid, Tetanus and Yellow Fever before departure. The participant understands and agrees that the participant is entirely responsible for any costs associated with obtaining such vaccines.
f) If the participant needs a PCR test to return to the participant’s home country Summit Stoke will arrange this for the participant in Ecuador. Summit Stoke will provide assistance to participants in these matters in the best way possible. The participant understands and agrees that the participant is entirely responsible for any costs associated with obtaining any PCR tests.
2.4 Baggage / Personal Belongings and Equipment
a) Summit Stoke will handle the participant’s luggage and personal belongings with the utmost care, but is not liable for loss, damage, theft or delayed delivery of the luggage or personal belongings.
b) The participant will receive a list of all necessary equipment and clothing for the chosen trip before departure. Some technical equipment may be rented from Summit Stoke and its partners, but the majority of the equipment and clothing needed on the chosen trip must be brought by the participant. It is the sole responsibility of the participant to ensure that all equipment brought by the participant is fit for the purpose of the chosen trip. The participant is responsible for his/her equipment and belongings during the entire trip and bear all responsibility for wear and damage to the equipment. Summit Stoked recommends that the participant takes out a travel insurance, which also covers the equipment and personal belongings of the participant.
c) The participant is solely responsible for any equipment provided by or rented from Summit Stoke and/or its partners throughout the entire chosen trip. In the event that the provided or rented equipment is not returned or is damaged at any point of the trip the participant agrees to pay any associated costs to repair or replace such equipment.
d) Summit Stoke does not cover any excess baggage charges that the participant may incur.
2.5 Itinerary Changes / Early departures
a) If a participant leaves a trip or departs earlier than scheduled for whatever reason including but not limited to; illness, injury, personal reasons or by the recommendation/order of the guide there will be given no refunds.
b) All unscheduled services outside of the trip itinerary (e.g. hotels, transportation, meals etc.) are at the full responsibility of the participant.
c) We expect all our clients to show consideration for other people and the environment. If in our fair opinion or in the fair opinion of any guides, tour leaders or persons in authority the participant behaves in a way which causes or is likely to cause danger, distress or to upset our employees, other trip members or any other third party or cause damage to property or environment, Summit Stoke reserves the right to, without prior notice, terminate the participant’s trip without any compensation at all.
d) Summit Stoke reserves the right to change the pre-defined climbing routes and/or itinerary due to natural forces or other external factors outside of Summit Stoke’s control. Changes to the routes and/or itinerary will always be at the discretion of the guide. There will be no refunds in the event of any route, itinerary or service change. Likewise, with changes in the program due to delays and postponements of transportation which Summit Stoke cannot be responsible for at any time, nor any additional costs this may imply. Every effort will be made to follow the pre-defined itinerary and minimize any inconveniences.
e) Bad weather or disadvantageous conditions during the trip may affect the goals of the participant but will not compromise the opportunity of still developing some mountaineering skills or reaching certain objectives. Such conditions may lead to a change of itinerary or climbing route, which in some cases will be moved to a safer sub-alpine environment or in some cases even indoors. There will be no refunds for these situations even if no alpine mountain summits are reached at any point of the trip.
2.6 Third Party Contractors
The participant acknowledges that Summit Stoke may hire third party contractors for the provision of complementary services to the activity hired, for example transportation and lodging services. Summit Stoke commits to select contractors that comply with the safety regulations applicable to their sector.
Nonetheless, Summit Stoke is not responsible for any event that result from a negligent performance of such third-party contractors.
III. PAYMENT METHODS
Users must immediately make a 30% deposit to confirm the Services and products purchased on the Website. After filling out the booking form on the Website, the User will immediately have to pay either the 30% deposit or the full amount of the chosen experience via the payment platform WETRAVEL.
The full balance must be paid at the latest 31 days before departure (references to departure means the start date of your arrangement) on the chosen mountain experience.
Payments must be made in Dollars of the United States of America.
From most banks you can transfer the deposit electronically by using Summit Stoke bank details below:
Bank: Banco Internacional
Account Holder: SUMMIT STOKE KRAGMANNSERRANO S.A.S
Account Number: 420626615
SWIFT: BINTECEQ
Bank Address: Av. Patria E 4-21 y Av. 9 De Octubre, Quito, Ecuador
Telephone: 5003600
Account Holder’s Address: Bosmediano E13-09 y Carlos Jativa. Edificio Atenea. P3. Ap. 304
Telephone: +593 992507587
Payments can be made either via bank transfer using the details provided above or via the Payment Processing Platform WETRAVEL, where credit and debit cards are accepted as well as bank transfers.
IV. FORMATION OF CONSENT IN CONTRACTS ENTERED THROUGH THIS WEBSITE.
Services will be hired electronically by the User through Summit Stoke’s Website. The terms of the offer and contract will be enforceable from the moment Summit Stoke confirms the receipt of the 30% deposit and sends an email to the User confirming the purchase order has been accepted by Summit Stoke. All Services can be suspended if the User does not complete the full payment of the price agreed for the provision of Services.
V. CANCELLATION POLICIES
Summit Stoke is committed to ensuring that the User is completely satisfied throughout their experience. However, we are aware that on certain occasions you may wish to cancel our Services. This document includes the Terms and Conditions under which you can return and/or cancel our products and Services:
a) Summit Stoke requires all participants to take travel insurance(s), which covers private travel, cancellation/interruption and evacuation insurance for all of our trips. Summit Stoke will only be able to assist in answering questions related to travel insurances and is not able to book a travel insurance for the participant. In addition to travel insurance(s) the participant is required to have sufficient medical insurance according to the rules of the country of origin. The participant understands that Summit Stoke does not include any type of insurance in the cost of any trips. Trip participants are responsible for the full cost of any evacuations.
b) Notice of cancellation made by the participant must be given in writing by sending an e-mail to info@summitstoke.com. Should the participant cancel then the following scale of charges will apply:
- All deposits are non-refundable, unless the trip is cancelled by Summit Stoke due to lack of participants.
- Cancellation 30 to 45 days prior to departure: 50% of the trip is not refundable
- Cancellation 15 to 29 days prior to departure: 75% of the trip is not refundable.
- Cancellations made less than 15 days prior to the departure date are not refundable, unless agreed otherwise with Summit Stoke in writing. (If a written agreement is obtained with Summit Stoke, part of the paid trip cost could be used as a deposit for a future trip)
c) Summit Stoke reserves the right to cancel any trip due to insufficient sign ups, in which case, Summit Stoke will provide full refund. In the case of lack of participants Summit Stoke will (before canceling the trip) provide the group with an opportunity to pay a group surcharge in order to complete the trip with fewer people than normally required for the trip to run. Summit Stoke is not responsible for any additional expenses (e.g. visa fees, insurances, equipment etc.) connected to the participant’s preparation for a cancelled trip regardless of the reason for cancellation. Summit Stoke strongly recommends that the participant waits until the trip is confirmed to run before booking airfare or making any related non-refundable travel arrangements.
d) Summit Stoke reserves the right to cancel or postpone any trip due to Force Majeure such as illnesses (e.g. COVID-19), acts of man, (war, terrorism) or natural forces (e.g. earthquakes and volcanic eruptions). In these booking conditions Force Majeure refers to any circumstances which we or our suppliers could not foresee even with all due care.
Nevertheless, it should be noted that these policies do not affect the rights of the User stipulated in the Consumer Defense Law and its respective Regulations.
Requests for changes and returns will be received and attended to by our User Service team, whose main objective is to guarantee a quick and timely response, ensuring in everything to deliver an optimal pre and post-sale service to all our Users.
VI. WAIVER
a) The participant understands that the activities of mountaineering, trekking, climbing, hiking or any other physical activities provided by Summit Stoke and partners intrinsically involve risks that may cause damage or loss of personal belongings and/or serious or fatal injury. The participant realizes and acknowledges that Summit Stoke’s trips involve dangerous hazards, which cannot all be listed or named here, but among some of the most obvious are:
- Steep terrain where a fall with or without rope may result in injury or death
- Falling rocks, ice or other objects which may cause injury or death
- Extreme weather, which may cause injury, and which may prevent travel
- Avalanches, which may cause serious injuries or death
- Being in very remote areas with no signal and bad communication options, which prevents quick and easy rescue or medical assistance.
- Altitude sickness or other medical problems caused by being at high altitude or in areas with no access to clean water.
b) The participant hereby assumes all risks and release Summit Stoke, all persons, entities, contractors or partners connected with Summit Stoke from all liability for any injuries or damages and from any claim by participant, participant’s family, friends, estate, agents or heirs related in any way to the participant’s participation in all and/or any activities connected with Summit Stoke. By reading and understanding these Terms & Conditions the participant will not rely on any oral, written or visual statements from Summit Stoke nor interpretations of these concerning safety of any trip other than what is stated in these Terms & Conditions.
c) The participant’s participation on any trip or climb with Summit Stoke is subject to the discretion of the tour leader, guides and Summit Stoke itself. The participant understands that his/her safety is of utmost importance and that there will be no negotiations or discussions about this (safety). This may result in not summiting a mountain. If the guides or tour leaders of Summit Stoke (after evaluating mountain conditions and/or conditions of the participant) decide, that descending and leaving the mountain is necessary, the participant hereby agrees to comply to the instructions of the guide / tour leader.
d) The participant agrees to the fact that the participant’s doctor and/or physician must clear any health concerns that may affect the participant’s participation on any trip with Summit Stoke. The participant must inform Summit Stoke of any medical condition that could endanger or affect the participant, the guides or others during the trip before the departure date of the trip. The participant is entirely liable for any rescue or evacuation costs caused by actions of the participant him/herself or on behalf of the participant.
e) The participant hereby consents to any hospital care or medical or surgical diagnosis or first aid activities with Summit Stoke and its guides and tour leaders if the participant is not able to give written consent due to the physical or mental state of the participant in the event that any such treatments would be necessary. The participant also understands and agrees that the participant is entirely responsible for all costs related to medical care and that Summit Stoke and its guides and tour leaders are under no requirement to perform any first aid or medical treatment in any event.
f) The participant hereby agrees to have read and understood these Terms & Conditions and understands that by electronically accepting these Terms & Conditions the participant is waiving certain legal rights which the participant or the participant’s heirs, family, friends, administrators or representatives may have against the releases.
VII. ASSISTANCE AND CLAIMS
In case of assistance, the User can contact our team through the following email and phone numbers:
Phone / WhatsApp: +45 31418109 , +593 992507587
E-mail: info@summitstoke.com
Our team is committed to provide a prompt response to your request and will contact Users to provide support within 72 hours.
VIII. LEGALLITY OF FUNDS
When carrying out transactions through the Website, the User declares under oath that the funds destined to cover his/her obligations come from lawful activities, that he/she does not carry out any type of activity linked to money laundering and that he/she is not registered on national or international money laundering prevention lists, and consequently, undertakes to be liable before Summit Stoke for all damages that may be caused as a result of a breach of this statement.
The User also declares that his/her conduct is in accordance with the law and ethics and undertakes at all times to act within the legal framework in force in Ecuador, complying with all the procedures and obligations contemplated in the Law and other pertinent regulations and that any evidence or suspicion that the above are not met will be sufficient grounds to terminate, at Summit Stoke’s discretion, any contract made with the User.
IX. USE OF PERSONAL DATA
Users authorize SUMMIT STOKE to use their personal information to make all the travel arrangements and prepare the tours and services hired. The Client may request SUMMIT STOKE to amend or eliminate such information at any time by contacting the following email address: info@summitstoke.com
Also, the data referred to in these terms and conditions will be used to validate orders and improve the work of information and marketing of products and services provided by SUMMIT STOKE. They may only be delivered to affiliated or related companies. In no case will they be transferred to third parties. Likewise, we suggest users review the “Personal Data Protection Policy” of this website for more information.
X. PRIVACY AND PERSONAL INFORMATION
The personal data of clients or Users that are collected through the Website will be treated in accordance with the Personal Data Protection Policy that is published on the Website www.summitstoke.com
At the time of providing the Personal Data, the User accepts said privacy and personal data processing policy, protection of personal data, and additionally, accepts the following aspects of the Website:
- Cookies: Like many companies, we use cookie technology on our Website. These cookies can tell us whether the user has visited our site before or is a new visitor and what material on our site they have viewed. The cookies we use do not collect any information about the user’s identity or provide us with any way to contact you, and the cookies do not extract any information from your computer. You should also be aware that we collect certain information about the use of this Website, such as the number and frequency of visitors to certain sections of this Website. These data are only used in aggregate and do not include any personally identifiable information.
- Third-party electronic links: The Website may contain electronic links, leagues or “Hot Links”, to other Internet web pages that are sponsored, managed and/or operated by external providers and other organizations closely related to Summit Stoke. However, even if the provider is affiliated with Summit Stoke or vice versa, Summit Stoke has no control over these linked web pages.
XI. OTHERS
Summit Stoke reserves the right to take pictures and videos during trips. These photos and videos may be used in Summit Stoke’s promotional material, unless the participant specifically requests Summit Stoke not to use any material that the participant is depicted in.
When booking a trip with Summit Stoke it is implied and accepted that the participant has read and understood all of these Summit Stoke Terms & Conditions and that the participant agrees to abide by them.
XII. APPLICABLE LAW AND JURISDICTION
This agreement will be governed in all its points by the laws in force in the Republic of Ecuador. Any dispute derived from this agreement, its existence, validity, interpretation, scope or compliance, will be submitted to the competent courts of the city of Quito, Ecuador.
