Everything you need to know about the services

General Terms and conditions

The operation of the Gekko Explorer online booking platform is regulated by these General Terms and Conditions and the Privacy Policy. It is accessible through https://gekkotrailsexplorer.com, along with other associated websites managed by Gekko Explorer, and includes various mobile applications released by Gekko Explorer.

1. Service Overview: We operate Gekko Explorer as an intermediary platform that facilitates the online offering of various travel-related services by third-party service providers (“Suppliers”). These services include guided tours, shared local and international transportation (shuttles), private transportation, and boat services in open seas and rivers. Suppliers are responsible for detailing the conditions of the services they offer, such as schedules, included extra services, additional costs, and more, all of which are specified on each service’s page. Gekko Explorer merely formats and displays this information on the service pages based on the data provided by the Suppliers, ensuring that the content presented is clear and accurate. However, we do not have direct influence over the content originally provided by the Suppliers.

2. Third-Party Services: The services listed on the Gekko Explorer platform are provided by independent Service Providers. These may include, but are not limited to, transportation, accommodation, tour and travel packages, and other travel-related services.

3. Liability and Provision of the Activity 

3.1 Liability: As an intermediary, Gekko Explorer is not liable for any acts, errors, omissions, representations, warranties, breaches, or negligence of any Service Providers. This includes non-liability for any personal injuries, death, property damage, or other damages or expenses resulting therefrom, whether experienced by the individual who made the reservation through our platform or their companions. Users of our platform enter into service agreements with providers at their own risk, and Gekko Explorer cannot be held responsible for any direct or indirect harms arising from such third-party services.

3.2 Provision of the Activity:

  • 3.2.1 You must arrive on time at the meeting point indicated by the Supplier. If traveling to the Activity from abroad, you are responsible for the necessary travel documents (passport, visa, etc.) and compliance with health or other requirements.
  • 3.2.2 The Booking Price does not include insurance of any type, border taxes, or any other payments that may be required by immigration authorities during the conduct of an activity. You are responsible for obtaining sufficient insurance coverage. We do not operate tours, employ guides, or set safety standards for Activities and strongly encourage obtaining travel insurance, especially for outdoor or high-risk activities.
  • 3.2.3 Suppliers are independent contractors and not agents or employees of Gekko Explorer. Gekko Explorer is not liable for the acts, errors, omissions, representations, warranties, breaches, negligence, or misconduct of any Supplier, or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom or otherwise arising from any booking or Activity.
  • 3.2.4 For time and deadline calculations, the time zone of the Supplier shall be decisive.

4. Booking and Payment: 

4.1 The price offered on the Gekko Explorer platform (“Posted Price”) shall apply to the service. The amount you pay for a service (“Booking Price”) is the Posted Price less any applicable discount. Unless otherwise agreed, the Booking Price for the service is payable immediately upon booking.

4.2 For selected services, you may opt for the “Book now, pay later” feature. This is only possible with a credit card that is valid at least until the date of the selected service; to confirm this, we will charge 1 USD to your credit card when you complete your booking. 72 hours before the start of the service, we will debit the Booking Price. If the payment is not made, we will automatically cancel the service you booked.

4.3 Gekko Explorer is entitled to receive the invoiced amounts in the name of and on behalf of the Service Provider (as a commercial agent), unless expressly stated otherwise on the provider’s invoice. With successful payment to Gekko Explorer, you have fulfilled your payment obligations towards the Provider with a discharging effect. If claims are to be paid in a currency other than your local currency (foreign currency claim), Gekko Explorer may (in its role as a commercial agent) collect payment in your local currency and convert the foreign currency claim at the current exchange rate at the time of contract conclusion. For highly volatile currencies, we may charge a reasonable exchange fee.

4.4 We are your contact in relation to a Service Agreement and payment thereto as the commercial agent of the Provider. If you wish to request a refund of the Booking Price outside of our cancellation policy, you may contact us. We will then contact the Provider, and the Provider will determine at its discretion whether to honor the refund request. A refund granted by the Provider can be processed by the Provider through us.

4.5 You must provide payment information truthfully and update it immediately in the event of changes. The permitted means of payment for the service will be displayed to you during the ordering process. The terms and conditions of the payment service provider will apply. Your payment service provider may charge additional fees. You are required to confirm to us that you are authorized to use or have the right to use a selected payment method.

5. Pricing and Availability: The prices and availability of services on Gekko Explorer are as provided by the Service Providers. While we make efforts to ensure accuracy, Gekko Explorer is not responsible for any errors or discrepancies in the information provided.

6. Cancellation and Refunds: Cancellations and refund requests are subject to the specific policies of the respective Service Providers, as well as Gekko Explorer’ cancellation and refund policy.

7. Customer Support: Gekko Explorer facilitates communication between the customer and the service operator by providing a support number supplied by the service operator for direct assistance during an activity. We also offer help through AI-powered bots available via our webchat or social media channels such as Facebook, WhatsApp, and Instagram. Further assistance is available from our human customer service team at support@gekkotrailsexplorer.com.

8. Service Changes: Any changes to services after booking must be made through the forms provided specifically for this purpose and must be approved by the Service Provider. These changes must comply with the conditions established for the specific service and may be subject to additional charges.

9. User Responsibility: It is the responsibility of each user to ensure compliance with all necessary requirements related to booked service. Users must ensure that all travel documents, including passports and visas (for transit, business, tourism, and other purposes), are valid and complete. Users must also meet any other foreign entry requirements applicable for the duration of their journey. We advise users to review travel prohibitions, warnings, announcements, and advisories issued by relevant government authorities before booking travel to international destinations. Gekko Explorer assumes no responsibility if a user is denied access to transportation services or entry into any country because of their failure to have the correct and complete passports, visas, or other mandatory travel documents as required by any service provider, authority, or country, including transit countries.

10. Indemnification: 10.1 You shall fully indemnify Gekko Explorer for all damages, costs, and expenses (including reasonable legal defense costs) incurred by Gekko Explorer, our agents, or partners as a result of: 10.1.1 Your intentional or negligent misrepresentation, act, or omission in connection with your use of the Gekko Explorer platform; 10.1.2 Your intentional or negligent non-compliance with these Terms and Conditions; or 10.1.3 Claims asserted by third parties arising out of or in connection with your access to or use of the Gekko Explorer platform that intentionally or negligently violates these Terms and Conditions.

11. Further Rights of the Supplier:

11.1 The Supplier may cancel or reschedule the Activity to a date they deem appropriate if weather conditions, official measures, strikes, or other unforeseeable external circumstances that can only be averted by disproportionate effort and are beyond the Supplier’s control (in particular events of force majeure) make it impossible, significantly impede, or endanger the execution of the Activity. If the activity is canceled and not rescheduled, the customer has the right to request a full refund of their payment.

11.2 The Supplier may exclude you from an Activity if you do not meet the specifications for participation outlined on the Gekko Explorer platform, your participation would pose a risk to yourself or others, or you disrupt the conduct of the Activity. In these cases, the Booking Price paid for the Activity will not be refunded.

11.3 The Supplier may make immaterial changes to the program of the Activity at any time if deemed necessary due to short-notice circumstances. Minor program changes include altering the starting/meeting point of the Activity, provided that the new meeting point can be reached from the originally agreed meeting point on foot or by public transport within 15 minutes. A change of the start/meeting point can occur up to 12 hours before the start of the booked Activity and will be communicated to you by email or displayed on the Gekko Explorer platform.

12. Privacy: Gekko Explorer’ use and protection of user information are outlined in our Privacy Policy. Gekko Explorer shares your personal data with Suppliers to the extent it is necessary for the performance of the Service Agreement between you and Supplier or when necessary to comply with a legal obligation and for other purposes legally allowed. Suppliers are independent data controllers and bear the sole responsibility of processing your personal data.

13. Governing Law and Jurisdiction: These terms shall be governed by and construed in accordance with the laws of Republic of El Salvador, regardless of its conflict of laws principles. You agree to submit to the personal and exclusive jurisdiction of the courts located in San Salvador, El Salvador for the resolution of any disputes, and you waive any jurisdictional, venue, or inconvenient forum objections to such courts. Additionally, for any conflict resolution, you agree to abide by the laws and submit to the courts of Republic of El Salvador.

14. Modifications: Gekko Explorer reserves the right to halt or alter any feature of our services at any given time. The collective agreement between you and us regarding the services consists of these terms, the privacy policy, and any other legal notifications we publish on the services. Should any part of these terms be declared invalid by a court with proper authority, such invalidity will not impact the validity of the remaining clauses, which will continue to be in full effect. No waiver of any section of these terms will be considered a waiver of any other section or of the same section on any other occasion, and the failure of either party to enforce any right or provision of these terms does not constitute a waiver of that right or provision. You and Gekko Explorer agree that any legal action related to the services must be initiated within three (3) months after the cause of action arises. Failure to do so within this timeframe will result in the permanent forfeiture of the cause of action. LAST UPDATE: April 1, 2024

SHARED AND PRIVATE LOCAL OR INTERNATIONAL TRANSPORTATION SERVICES

1. **Estimated Pickup Time**: The scheduled pickup time for shared shuttles is an approximation, with a potential variance of up to 30 minutes. Please be at your designated pickup location at least 10 minutes ahead of the scheduled time. The shuttle will wait for a maximum of 5 minutes. Failure to board within this time may result in the shuttle departing without you, for which no refund will be provided.

2. **Variable Departure and Arrival Times**: Please note that departure and arrival times are subject to change due to unforeseen circumstances. We aim to notify clients as far in advance as possible of any changes.

3. **Reservation Modifications**: Drivers are not authorized to alter reservations. Gekko Trails Explorer assumes no responsibility for disruptions resulting from unapproved changes made through drivers. Please contact our online customer service for any changes to your reservation.

4. **Travel Documents**: All travelers are required to present proper documentation at each border crossing, including a passport with at least six months remaining validity.

5. **Immigration Requirements**: It is the client’s responsibility to comply with all immigration regulations when entering each country.

6. **Border Fees**: Border fees are excluded from ticket prices and must be paid in cash at each crossing point. Please note that the cost of these fees is subject to change without prior notice.

7. **Luggage Policy**: The standard luggage allowance consists of one handbag and one backpack. Additional or oversized luggage may incur extra charges at our discretion.

8. **Surfboard Policy**: Surfboards are considered additional luggage and may incur extra charges. They must be securely packed in damage-absorbent material, and their maximum length should not exceed 2 meters. We hold no responsibility for damage caused to improperly packaged surfboards.

9. **Prohibited Items and Behaviors**: Smoking, consumption of alcoholic beverages, carrying of illegal substances, flammable materials, firearms, and pets inside the minibus are strictly prohibited.

10. **Denial of Entry**: We reserve the right to deny boarding to individuals who appear intoxicated or otherwise incapable of reasonable actions.

11. **Vehicle Substitution**: In the event of damage to a vehicle or any other unexpected incident during our services, we reserve the right to substitute with another vehicle (owned by us or a partner) that meets basic passenger transportation standards.

12. **Lost and Found**: While we cannot be held responsible for any personal items left behind by passengers, we will make every reasonable effort to locate and return found items. Any costs associated with the return of items will be charged to the client.

13. **Currency Exchange Rate**: The conversion rate from US dollars to local currency for the calculation of outstanding balances will be determined by the operator on the day of each trip.

CANCELLATIONS AND REFUNDS

1. **Cancellation Anytime**: Customers have the right to cancel any service at any given time.

2. **Full Refund**: If a service is canceled at least 24 hours before the scheduled start time, a refund will be processed less online payment processing fees. The refund will be issued within 3-5 business days of the cancellation request.

3. **Late Cancellations**: If a service is cancelled less than 24 hours before the scheduled start time, the paid amount will be retained as an administrative fee and no refund will be issued.

4. **Payment Processing Fees**: All payment processing fees, which currently amount to 20% of any payment made on any of our platforms, are non-refundable under any circumstances.

5. **Cancellation and Refund Requests**: All requests for cancellations and refunds should be made through the Customer Portal. This request will be subject to the cancellation conditions of the reserved service.

6. **Refund Method**: All refunds will be processed through the original payment method used during checkout. Please note that the timeframe for the credit to appear in the client’s account is subject to the policies of the respective bank or payment method.

7. **Store Credit Option**: Instead of requesting a refund to their payment method, customers may choose to cancel and convert 100% of the paid amount into store credit. This credit can be used to reserve any other service listed on our platforms. Store credit will be valid for a period of one year from the date of issuance.