General Terms & Conditions

1. Service Overview

The digital platform, mobile application, brand, and booking marketplace are operated and legally managed by Gekko Explorer SAS de CV (hereinafter referred to as "Gekko Explorer"), a company incorporated under the laws of the Republic of El Salvador, which owns all brand trademarks, distinctive signs, website databases, and oversees regional operations. To facilitate global checkout transactions, Gekko Trails Explorer LLC, a company incorporated in Wyoming, USA, operates as the centralized billing agent and financial coordinator for checkout transactions. Gekko Trails Explorer LLC operates strictly as a billing and payment processing coordinator, and does not hold any operational, physical transport, or travel service execution responsibilities. In these Terms, "we," "us," or "our" refers to Gekko Explorer SAS de CV as the platform operator and brand owner, whereas Gekko Trails Explorer LLC is the centralized financial and billing coordinator. The marketplace displays, arranges, and facilitates reservations for tourism and transit services, including:

• Guided tours and excursions.
• Shared and private transportation.
• Shuttle services.
• Maritime transportation in open seas and rivers.

Suppliers are solely responsible for defining and providing accurate information regarding their services, including schedules, inclusions, exclusions, additional costs, and specific conditions. Gekko Explorer formats and displays this information based on data supplied by the Suppliers but does not exercise control over the content originally provided, nor does it guarantee its accuracy or completeness.

2. Third-Party Services and Liability

All services offered through the Gekko Explorer platform are provided by independent Suppliers. Gekko Explorer does not operate tours, transportation services, or activities of any kind, nor does it employ guides, drivers, or any personnel involved in the physical execution of the services.

As an intermediary, Gekko Explorer shall not be held liable for any acts, errors, omissions, representations, warranties, breaches, negligence, gross negligence, misconduct, or failures of any Supplier. This includes, without limitation:

• Personal injury or death.
• Property damage or loss.
• Delays, cancellations, or overbookings.
• Any other losses or expenses arising from the provision of services by Suppliers.

The contract for the execution of the travel service is strictly between the User and the Supplier. Users acknowledge that they enter into these service agreements at their own risk and that Gekko Explorer is only responsible for the digital intermediation process.

3. Booking and Payment

The price displayed on the platform ("Posted Price") applies to the service offered. The amount paid by the customer ("Booking Price") corresponds to the Posted Price minus any applicable discounts.

Unless otherwise stated, the Booking Price is payable immediately upon booking. Certain services may offer a "Book now, pay later" option, subject to credit card validation and an automatic charge prior to service commencement.

Gekko Explorer is authorized to collect payments on behalf of Suppliers as a limited commercial agent. Payment fulfillment to Gekko Explorer discharges the customer's payment obligation toward the Supplier for the specific service booked.

4. Booking Fee and Non-Refundable Charges

All reservations made through Gekko Explorer include a Booking Fee, charged at checkout to cover operational, technological, administrative, and reservation management costs.

The Booking Fee is subject to the following refund conditions:

• Customer-Initiated Cancellations & No Shows: The Booking Fee is strictly non-refundable if the Customer cancels the reservation, fails to show up for the activity, or is excluded due to non-compliance with the service requirements.
• Supplier-Initiated Cancellations or Force Majeure: In the event that a service is canceled by the Supplier or by Gekko Explorer due to a verified Force Majeure event or operational impossibility not attributable to the Customer (including but not limited to natural disasters, government-imposed restrictions, or extreme safety conditions), the Customer shall be entitled to a 100% refund of the total amount paid, including the Booking Fee.

The Customer expressly acknowledges that, in the case of Customer-Initiated Cancellations, the reservation management service is considered fully rendered at the moment of purchase. The percentage or amount of the Booking Fee may vary depending on the payment method used.

5. Service Interruptions and Exclusions

The customer expressly acknowledges that Gekko Explorer's reservation management service (the intermediation) is considered fully rendered at the moment the booking confirmation is issued.

If a service is interrupted or a customer is excluded from an activity due to their own actions, health conditions, or failure to meet the requirements outlined on the platform, no refund of the Booking Price or the Booking Fee will be issued. The percentage of the Booking Fee may vary depending on the payment method selected by the customer to cover specific transaction processing costs.

6. Voluntary Abandonment of Activity

If a Customer voluntarily leaves, abandons, or decides not to continue an activity, tour, or transportation service after it has started, the service shall be considered fully rendered.

In such cases:

• No refund, full or partial, will be issued.
• The Customer assumes full responsibility for any transportation, accommodation, or additional costs incurred after leaving the activity.
• Gekko Explorer and the Supplier assume no obligation to provide alternative transportation, accommodation, or assistance once the Customer has voluntarily abandoned the service.

Any such situation will not be considered a service failure.

7. Operational Conditions, Delays, and Travel Time Variability

The Customer acknowledges and agrees that travel services, tours, and transportation activities (including shared, private, local, and international services) are subject to operational variability inherent to the nature of travel.

7.1 Estimated Schedules and Durations

Any departure times, arrival times, and total service durations displayed on the platform or in booking confirmations are estimates only. They do not constitute a guarantee of exact timing. Service timing and duration may change without prior notice due to operational, environmental, or external factors beyond the control of Gekko Explorer or the Supplier.

7.2 Causes of Operational Delays

Delays, extended travel times, or schedule modifications may result from, including but not limited to: traffic conditions; road closures or detours; weather conditions; actions of other passengers; mechanical or logistical adjustments necessary for safe operation; government inspections or security checks; border crossing procedures, immigration controls, customs inspections, or international transit formalities; and instructions or actions from police, military, port, airport, or other authorities. Such circumstances are considered normal operational risks and are outside the control of Gekko Explorer and the Supplier.

7.3 Delays Do Not Constitute Service Failure

Operational delays, schedule changes, or extended travel times shall not be considered a failure to provide the service, provided that the main service (transportation, tour, or activity) is ultimately delivered. Dissatisfaction arising solely from late arrival, longer-than-expected travel time, missed personal plans, or missed third-party arrangements (such as flights, hotel check-ins, tours, or connections not booked through Gekko Explorer) does not entitle the Customer to compensation or refund.

7.4 No Refunds for Extended Duration

No refunds, partial refunds, credits, or compensation shall be granted solely due to: delayed departures or arrivals; extended total travel time; waiting times at checkpoints, terminals, or borders; or time lost due to operational or authority-related procedures. This applies equally to shared services, private services, tours, and all transportation activities.

7.5 Completion of Service

A transportation or tour service is considered properly performed and completed once the main contracted route, activity, or experience has been delivered, even if arrival occurs later than originally estimated.

7.6 Customer Responsibility for Time-Sensitive Plans

Customers are solely responsible for allowing sufficient buffer time when planning flights, tours, border crossings, check-ins, or other time-sensitive activities. Gekko Explorer shall not be liable for any direct or indirect loss resulting from delays inherent to travel operations.

8. Pricing and Availability

Prices, inventory, and availability displayed on the platform are provided directly by Suppliers. While Gekko Explorer strives to maintain updated information:

• We do not guarantee the accuracy of Supplier-provided data.
• We are not responsible for discrepancies, overbookings, or errors originating from the Supplier's side.
• In the event of an obvious technical error where a service is displayed at an incorrect price (e.g., a systemic glitch), Gekko Explorer reserves the right to cancel the booking and provide a full refund.

9. Customer Code of Conduct

To ensure safety and a positive experience for all, customers must behave respectfully toward Suppliers, staff, and other participants. Prohibited behavior includes, but is not limited to: abusive, harassing, or discriminatory language; unsafe actions that endanger themselves or others; possession of illegal substances or being under the influence of alcohol during activities; and refusal to comply with the Supplier's safety instructions.

Consequences of Misconduct: The Supplier reserves the right to immediately remove any customer who violates this code of conduct. In such cases, the customer will not be entitled to any refund, and Gekko Explorer shall not be liable for any additional costs (such as alternative transportation) incurred by the customer as a result of their removal.

10. Baggage and Personal Belongings

Gekko Explorer is not responsible for the handling, storage, or transportation of baggage or personal items. All physical custody of belongings remains with the Customer or the respective Supplier during the activity.

• Liability for Loss or Damage: Any claim regarding damaged, lost, stolen, or delayed baggage must be filed directly with the Supplier at the time of the incident. Gekko Explorer shall not be liable for any compensation, replacement, or administrative costs related to baggage issues.
• Valuables: Customers are strongly advised not to pack high-value items (e.g., electronics, jewelry, cash, travel documents) in checked or stored baggage. These items should remain in the Customer's personal possession at all times.
• Lost and Found: Items left behind in vehicles, boats, or at tour sites are the sole responsibility of the Customer. While Gekko Explorer may assist in contacting a Supplier to inquire about a lost item as a courtesy, we do not guarantee the recovery or shipping of such items.
• Baggage Restrictions: Suppliers may have specific limits regarding the number, size, and weight of baggage allowed. It is the Customer's responsibility to review these restrictions on the platform prior to booking. Any additional fees for oversized or extra baggage are to be paid directly to the Supplier.

11. Right to Refuse Service, Suspend Access, or Cancel Bookings

Gekko Explorer reserves the right, at its sole discretion, to refuse service, deny access to the platform, suspend a User account, cancel any active or future booking, or restrict future use of the platform, with or without prior notice, when a User engages in conduct that Gekko Explorer reasonably considers to be abusive, threatening, harassing, defamatory, extortionate, fraudulent, manipulative, or made in bad faith toward Gekko Explorer, its personnel, its automated systems, its Suppliers, or other travelers. Such conduct includes, without limitation:

• Threats, intimidation, harassment, or abusive language directed at support staff, operators, drivers, guides, or other representatives.
• Attempts to obtain refunds, discounts, upgrades, exceptions, or other benefits through threats of negative reviews, chargebacks, reputational harm, legal pressure, or public complaints made in bad faith.
• Repeated false claims, knowingly misleading statements, or deliberate misrepresentation of facts related to a booking or service.
• Attempts to manipulate customer support processes, automated systems, AI communication tools, payment flows, or operational decisions.
• Conduct that, in Gekko Explorer's reasonable judgment, may affect the safety, dignity, operational integrity, or reputation of the platform, its Suppliers, or third parties.

11.1 Consequences of Account Suspension or Service Denial

Gekko Wallet & Funds: In the event of account suspension due to the conduct described above, any existing balance in the User's Gekko Wallet (including travel credits, refunds, or prepaid Top-Ups) shall be frozen pending an internal investigation. If fraudulent activity or operational damage is confirmed, Gekko Explorer reserves the right to offset such losses against the Wallet balance to the extent permitted by law.

Future & Third-Party Bookings: Gekko Explorer reserves the right to cancel any active or future reservations made by the User, or by any third party acting on behalf of or in association with the User. Such cancellations will not be eligible for a full refund; instead, the Standard Refund Policy will apply, including the deduction of the non-refundable Booking Fee and any applicable administrative penalties.

Ongoing Services: If the User is excluded or removed from an activity after it has started due to misconduct, the situation shall be treated as a Customer-Initiated Cancellation or No Show, and no refund shall be issued.

Jurisdictional Consistency: For the avoidance of doubt, the exercise of these rights by Gekko Explorer is governed by the laws of the Republic of El Salvador, and any dispute arising from a suspension or service denial shall be submitted exclusively to the courts of San Salvador.

12. Refund Methods and Gekko Wallet

When a cancellation qualifies for a refund under the specific cancellation deadline of the service booked, the Customer will be presented with two exclusive options to receive their funds. Once a refund method is selected and confirmed, the decision is final and irreversible.

Option A: Gekko Wallet (Travel Credit)

This option is designed to provide maximum value and flexibility for future travels:

• Amount: 100% of the service value (excluding the non-refundable Booking Fee).
• Processing: Instant and automatic credit to the User's Gekko Explorer account.
• Validity: Valid for a period of twelve (12) months from the date of issuance.
• Transferability: The credit is transferable and may be used to book services for third parties.
• Penalties: No administrative penalties or processing fees apply to this method.

Option B: Original Payment Method (Cash Refund)

This option involves manual processing and external banking fees:

• Amount: 75% of the service value (excluding the non-refundable Booking Fee).
• Penalty: A 25% administrative penalty is applied to cover bank commissions, transaction reversal fees, and manual administrative processing.
• Processing Time: May take up to thirty (30) business days to reflect in the Customer's account, depending on the issuing bank's policies.
• Transferability: Non-transferable; refunds can only be issued to the original account or card used for the purchase.

Exceptions: Supplier Failure or Force Majeure

The 25% administrative penalty does not apply if the cancellation is initiated by the Supplier or by Gekko Explorer due to a verified Force Majeure event or operational impossibility not attributable to the Customer (including but not limited to natural disasters, government-imposed restrictions, or extreme safety conditions).

In such cases, the Customer is entitled to a 100% refund of the total amount paid, including the Booking Fee, either to the original payment method or to the Gekko Wallet, at the Customer's preference.

12.1 Gekko Wallet – Conditions of Use

The Gekko Wallet is a digital travel credit system provided by Gekko Explorer as a flexible alternative for managing refunds and promotions. By opting for or using a Gekko Wallet balance, the User agrees to the following conditions:

• Nature of the Credit: The Gekko Wallet balance constitutes a non-monetary platform-issued travel credit. It is not a bank account, a prepaid card, or a financial deposit. It represents a credit valid only for the purchase of services available on the Gekko Explorer platform.
• Validity and Expiration: Wallet balances are valid for a period of twelve (12) months from the date of issuance. Upon expiration, any remaining balance will be automatically forfeited and removed from the User's account without further notice or right to compensation.
• Transferability: Gekko Wallet credits are transferable. The User may use their balance to book services for third parties. However, Gekko Explorer does not facilitate or authorize the secondary sale of credits for cash between users.
• No Cash Conversion: Under no circumstances—including but not limited to account closure, expiration, or personal preference—can a Gekko Wallet balance be converted into, exchanged for, or withdrawn as cash or any other currency.
• Security and Unauthorized Use: The User is solely responsible for maintaining the confidentiality of their account credentials. Gekko Explorer is not liable for the unauthorized use of a Wallet balance resulting from lost, stolen, or compromised account information.
• Partial Use: If a booking's value is lower than the Wallet balance, the remaining credit will stay in the Wallet until its original expiration date. If the booking value exceeds the balance, the User must pay the difference using one of the available payment methods.

12.2 Prepaid Wallet Balance (Top-Up Purchases)

In addition to refunds and promotional credits, Gekko Explorer may allow Users to purchase prepaid Wallet balances ("Top-Ups") for future use on the platform.

• Nature of the Top-Up: Prepaid Wallet balances constitute a platform-issued promotional travel credit intended exclusively for the purchase of services available on the Gekko Explorer platform. They do not represent stored value, electronic money, a bank deposit, or a financial product of any kind.
• Promotional Discounts: From time to time, Gekko Explorer may offer promotional incentives, including bonus credit or discounted purchase prices. Such incentives are promotional in nature and subject to the specific terms and conditions disclosed at the time of purchase.
• Non-Refundable and Non-Reversible: Wallet Top-Up purchases are final, non-refundable, and cannot be reversed, except where required by applicable law. Once credited, Wallet balances cannot be redeemed for cash or transferred outside the platform.
• Validity: Prepaid Wallet balances are subject to an expiration period of twelve (12) months from the date of issuance, unless otherwise specified at the time of purchase.
• Usage Limitations: Wallet balances may only be used to book eligible services available on the platform and may not be applied to taxes, government fees, or charges collected outside the Gekko Explorer platform, where applicable.
• Risk of Price Changes: The purchase of prepaid Wallet balances does not lock in prices or availability of any service. Service prices and availability remain subject to change at any time.

13. Cancellations and Refunds

13.1 Customer-Initiated Cancellations: Exclusive Method

To ensure security, traceability, and the accurate application of cancellation deadlines, all cancellations must be initiated exclusively by the User through the Gekko Explorer Customer Portal.

• Access: Users must log in to their registered account to manage and cancel their active bookings.
• Prohibited Methods: Gekko Explorer does not accept or process cancellation requests sent via email, WhatsApp, SMS, social media, or phone calls. Any attempt to cancel through these informal channels will be considered invalid and will not stop the cancellation clock.
• Timestamp: The official cancellation time will be the moment the User confirms the cancellation within the Customer Portal.

13.2 Refund Eligibility

• Within the Deadline: Cancellations made through the Portal before the service's specific "Cancellation Window" qualify for a refund. The Customer must choose between Option A (100% Gekko Wallet) or Option B (75% Original Payment Method). The Booking Fee remains non-refundable.
• Outside the Deadline: Cancellations made after the deadline has passed, or "No Shows," result in a 100% penalty. No refund of the Booking Price or Booking Fee will be issued.

13.3 Provider-Initiated Cancellations

Customer Ineligibility: If a Supplier cancels because the Customer fails to meet requirements (e.g., lack of valid travel documents, being under the influence of substances, or arriving at the wrong location), it is treated as a Customer-Initiated Cancellation. The standard 25% administrative penalty for cash refunds applies.

Supplier Fault or Force Majeure: If a Supplier cancels due to mechanical failure, weather, or safety, the Customer is entitled to a 100% refund (including the Booking Fee) via their original payment method or Gekko Wallet, with no administrative penalty.

13.4 Gekko Explorer-Initiated Cancellations

Gekko Explorer reserves the right to cancel reservations for fraud, security breaches (including "prompt injection" attacks on our AI agents), or severe misconduct. Refunds in these cases will be issued according to the methods described above, unless criminal activity is suspected.

14. No Show Policy

A "No Show" occurs when a Customer fails to be present at the designated pickup location at the scheduled time. Reservations marked as a No Show are strictly non-refundable and are not eligible for rescheduling. The criteria for a No Show depends on the type of service booked:

14.1 Shared Transportation and Shuttles (Shared Services)

To maintain the schedule for all passengers, these services operate under a strict "no-wait" and "no-search" policy:

• Customer Visibility: The Customer must be ready and visible outside the designated pickup point (e.g., in front of the hotel or hostel entrance) at least 15 minutes prior to the scheduled time.
• Wait Time: The Supplier will wait for a maximum of ten (10) minutes after the scheduled time. If the Customer is not visible and ready to board, the transport will proceed with its route.
• No Notification: For shared services, Suppliers will not enter hotel lobbies, will not search for customers in common areas, and will not attempt to contact the Customer via phone or message. The burden of being present and visible lies solely with the Customer.

14.2 Private Transportation (Private Services)

Private services offer a higher level of personalized attention:

• Contact Protocol: In the event the Customer is not at the designated pickup point, the Supplier will make a reasonable effort to locate the Customer. This includes checking the pickup area and attempting to send a message or place a call via the contact information provided in the booking.
• No Show Trigger: A No Show will only be declared for private services if the Supplier is unable to find the Customer at the confirmed location and the Customer does not respond to the contact attempts within the timeframe established by the specific Supplier's policy.
• Responsibility: While a contact attempt is made, the Customer is still responsible for being reachable and at the correct location.

14.3 General Consequences

In any case marked as a No Show:

• The total Booking Price and Booking Fee will be forfeited (100% penalty).
• Gekko Explorer is not liable for any additional costs, such as alternative transportation or missed flights/connections, resulting from a No Show.

15. Service Interruptions Due to Customer Behavior

If a customer is removed from an activity due to inappropriate, disrespectful, or unsafe behavior, 100% of the amount paid will be retained by the Supplier, and no refund of the Booking Price or Booking Fee will be issued under any circumstances.

16. Non-Refundable Status After Completion

By booking and participating in activities or transportation services through the Gekko Explorer platform, the Customer acknowledges and agrees to the following:

• Completion of Service: Once an activity, tour, or transportation service has been initiated and completed, it is considered a fully rendered intangible service.
• No Post-Activity Refunds: Due to the nature of travel services, no refunds, partial or total, will be issued under any circumstances once the service has been delivered. Participation in the activity constitutes the Customer's confirmation that the service was provided.
• Subjective Dissatisfaction: While Gekko Explorer strives for high-quality standards among its Suppliers, subjective dissatisfaction with the weather, personal preferences, or "expectations" that do not involve a documented breach of the service description does not grant a right to a refund after the service is completed.
• Claims for Defects: Any claim regarding a specific failure or defect in the service must be filed within the 8-day window established in the "Modifications and General Provisions" section of these Terms. However, such a claim does not guarantee a refund if the service was consumed in its entirety.

17. Customer Support and Assistance

Gekko Explorer is committed to providing efficient support to ensure a smooth booking experience. Our support structure is organized as follows:

17.1 Direct Operational Support

For real-time assistance during an activity (e.g., locating a transport, reporting a delay, or urgent trip changes), the Customer must first contact the Supplier directly using the support number provided in the booking confirmation. Gekko Explorer facilitates this communication by providing the Supplier's contact details but is not responsible for the Supplier's responsiveness or the immediate resolution of operational issues on the ground.

17.2 Automated AI Support

To provide 24/7 assistance, Gekko Explorer utilizes AI-powered agents across our digital platforms, including our webchat, WhatsApp, Facebook, and Instagram. These agents are designed to answer frequently asked questions, provide booking details, and guide Users through the platform. By using these channels, the Customer acknowledges that they may be interacting with an automated system.

17.3 Human Customer Service

For complex inquiries, billing issues, or matters that cannot be resolved via AI, our human support team is available via email at support@gekkotrailsexplorer.com.

• Response Times: While we strive to address all inquiries promptly, human support typically operates during standard business hours in El Salvador (CST).
• Scope: Human support is limited to intermediation and platform-related issues. For safety emergencies during an activity, Customers should always contact local emergency services (911 or equivalent) and the Supplier.

17.4 Official Communication

As established in the "Cancellations and Refunds" section, customer support channels (Email, AI, or Social Media) are not valid for initiating cancellations. All cancellations must be processed exclusively through the Customer Portal.

18. Service Modifications and Changes

Requests to modify a confirmed booking (including changes to dates, pickup locations, or passenger details) are subject to the following conditions:

18.1 Exclusive Modification Method

Any request for change must be submitted exclusively through the official forms provided within the Gekko Explorer Customer Portal. Similar to our cancellation policy, modifications requested via email, WhatsApp, social media, or directly with a driver/guide will be considered invalid and will not be processed.

18.2 Supplier Approval and Availability

As an intermediary, Gekko Explorer cannot guarantee that modification requests will be accepted. All changes are strictly subject to: the availability of the Supplier for the new requested date/time; the explicit approval of the Supplier; and compliance with the specific terms and conditions of the service originally booked.

18.3 Additional Charges and Price Differences

Approved modifications may result in:

• Price Differences: If the new service or date has a higher "Posted Price," the Customer must pay the difference to confirm the change.
• Administrative Fees: Depending on the nature of the change and the timing of the request, an administrative fee may apply.
• Non-Refundable Booking Fee: If a change results in a lower service price, the original Booking Fee remains non-refundable and will not be adjusted.

18.4 Late Modification Requests

If a modification request is made outside of the permitted window established by the Supplier, it may be treated as a Customer-Initiated Cancellation. In such cases, the standard Cancellation Policy will apply, and the Customer will need to create a new booking for the desired service.

19. User Responsibility for Travel Documents and Requirements

The Customer is solely responsible for ensuring compliance with all legal, administrative, and health requirements related to the booked service. Gekko Explorer acts strictly as an intermediary and does not verify the validity, accuracy, or completeness of the Customer's travel documents.

19.1 Passports and Visas

Users must ensure that all travel documents, including passports (typically requiring at least six months of validity remaining) and visas—for transit, business, tourism, or any other purpose—are valid and complete. This includes requirements for every country included in the itinerary, as well as transit countries.

19.2 Entry and Health Requirements

Users must meet all foreign entry requirements, including but not limited to: proof of vaccination or health certificates; proof of onward or return travel; evidence of sufficient financial means; and customs declarations and local transit permits.

19.3 Manual Data Entry

As established in our Data Privacy and Handling policies, the Customer is responsible for the manual and accurate entry of their passport and personal information into the Gekko Explorer platform. Gekko Explorer is not liable for errors in service execution (such as incorrect manifest lists or border crossing permits) resulting from typos or incorrect data provided by the User.

19.4 Government Advisories

We strongly advise Users to review travel prohibitions, warnings, announcements, and advisories issued by their respective governments and the authorities of their destination countries before booking.

19.5 Denial of Service or Entry

Gekko Explorer SAS de CV assumes no responsibility, and no refunds will be issued, if a User is denied access to transportation services, boarding, or entry into any country due to: failure to present correct and complete documentation; expiration of travel documents; or actions or decisions taken by immigration, customs, or police authorities. In such cases, the situation will be treated as a "Customer-Initiated Cancellation" or "No Show," and the corresponding penalties will apply.

20. The Supplier’s Right to Cancel or Modify

The Supplier may cancel or reschedule the Activity if weather conditions, official measures, strikes, or other unforeseeable external circumstances (Force Majeure) make it impossible, significantly impede, or endanger its execution.

If the Activity is canceled due to a verified Force Majeure event and cannot be rescheduled, and such cancellation is not attributable to the Customer, the Customer is entitled to a 100% refund of the total amount paid, including the Booking Fee. The Customer may choose between an instant credit to their Gekko Wallet or a refund to the original payment method (processed within thirty (30) business days).

20.1 Exclusion from Activity

The Supplier may exclude you from an Activity, without any right to a refund, if: you do not meet the physical or technical specifications outlined on the Platform; your participation poses a risk to yourself or others; or you disrupt the conduct of the Activity or refuse to follow safety instructions. In these cases, no refund will be issued, as the cancellation is caused by the customer's failure to comply with participation requirements.

20.2 Immaterial Changes to the Program

The Supplier may make minor changes to the Activity program due to short-notice circumstances. These include altering the starting/meeting point, provided the new location is within a 15-minute walk or public transport trip from the original point. Such changes can occur up to 12 hours before the start and will be communicated via email or the Platform. These minor changes do not entitle the customer to a refund.

21. Force Majeure Liability

Neither Gekko Explorer nor the Supplier shall be held liable for delays, cancellations, or interruptions caused by circumstances beyond their reasonable control. Delays or schedule modifications caused by such events do not, by themselves, entitle the Customer to a refund if the service is ultimately provided.

In cases where a service cannot be performed or is definitively canceled due to a verified Force Majeure event, Gekko Explorer's responsibility is limited to facilitating the rescheduling or processing of any applicable refund strictly in accordance with the refund rules set forth in these Terms and Conditions, including the treatment of the Booking Fee.

22. Privacy and Data Protection

Gekko Explorer is committed to protecting your privacy by following a "Data Minimization" principle. For services that require identification or health documentation (such as international border crossings or mandatory vaccinations like Yellow Fever), Gekko Explorer does not store or share images or photocopies of your documents.

22.1 Data Collection and User Entry

Instead of uploading images, the User will be required to manually enter the necessary information (e.g., passport number, nationality, expiration date, and health certificate details) through a secure form on our Platform. The User is solely responsible for the accuracy of the data entered. Any discrepancy between the data provided and the physical documents at the time of service may result in the denial of boarding without a refund.

22.2 Purpose and Transmission of Data

You expressly authorize Gekko Explorer to share this text-based information with the Service Provider (Supplier) exclusively for the fulfillment of the service (e.g., immigration manifests, insurance, or public health compliance). This data may be transmitted through: secure consultation within the Gekko Explorer App; automated email notifications; or AI-powered communication agents via encrypted messaging platforms such as WhatsApp.

22.3 Independent Data Controllers

Once the information is transmitted to the Supplier to execute the service, the Supplier becomes an independent Data Controller. Gekko Explorer acts only as an intermediary in the transmission of this data. The Supplier bears the sole legal responsibility for the secure handling, storage, and eventual disposal of your information according to their local laws and privacy standards.

22.4 Third-Party Platforms

By using our services, you acknowledge that transmission via third-party platforms (like WhatsApp or email providers) is subject to the privacy policies of those specific platforms. Gekko Explorer is not liable for data breaches occurring on these third-party systems outside of our direct control.

23. Indemnification

You shall fully indemnify, defend, and hold harmless Gekko Explorer SAS de CV and Gekko Trails Explorer LLC, their respective directors, members, officers, employees, agents, and partners from and against all damages, losses, and expenses (including reasonable legal fees) arising out of:

• Data Accuracy: Any inaccuracies or misrepresentations in the information you manually entered (passports, health certificates, etc.).
• Unauthorized Access and Hacking: Any attempt to circumvent, disable, or interfere with the security features of the platform, including unauthorized access to our database, servers, or AI agents.
• Misuse of Intellectual Property: Any unauthorized use of our trademarks, logos, content, or "scraping" of our platform for commercial purposes.
• AI Manipulation: Any intentional attempt to manipulate or exploit our AI communication agents or automated booking logic to obtain unauthorized benefits or alter service conditions.
• Third-Party Claims: Any legal action taken against Gekko Explorer SAS de CV or Gekko Trails Explorer LLC by third parties due to your intentional or negligent breach of these Terms.

24. Dispute Resolution

In the event of any controversy, claim, or dispute arising out of or relating to these Terms and Conditions or the use of the Gekko Explorer platform, the Customer agrees to a mandatory "Good Faith Negotiation" phase.

The Customer must first notify Gekko Explorer's support team in writing at support@gekkotrailsexplorer.com, providing a detailed description of the issue. Both parties agree to put forth their best efforts to resolve the dispute through direct dialogue. No legal action or formal claim may be initiated in any court until at least thirty (30) business days have passed since the initial written notification, allowing Gekko Explorer sufficient time to investigate and propose a resolution.

25. Governing Law and Jurisdiction

These Terms and Conditions, and the digital intermediation services provided by Gekko Explorer, shall be governed by and construed exclusively in accordance with the laws of the Republic of El Salvador, without regard to its conflict of law provisions.

Place of Contract: The User acknowledges and agrees that the intermediation agreement is perfected, executed, and performed in San Salvador, El Salvador, regardless of the User's physical location at the time of booking or the geographic location where the travel services are physically provided (including but not limited to Mexico, Belize, Guatemala, Honduras, Nicaragua, Costa Rica, or Panama).

Exclusive Jurisdiction: You expressly and irrevocably agree to submit to the exclusive jurisdiction of the courts located in San Salvador, El Salvador, for the resolution of any disputes.

Waiver of Other Forums: You hereby waive any objection to such jurisdiction based on venue, personal jurisdiction, or the doctrine of forum non conveniens (inconvenient forum). You expressly waive the right to initiate or move any legal action against Gekko Explorer in any other country or jurisdiction.

26. Environmental and Social Responsibility Policy

Gekko Explorer is committed to promoting sustainable tourism and minimizing the environmental impact of travel operations. As an intermediary digital platform, Gekko Explorer facilitates the connection between Travelers and independent Service Providers.

26.1 Intermediary Disclaimer

Gekko Explorer does not directly operate, manage, or control the activities offered by third-party Suppliers. While we encourage sustainable practices, Gekko Explorer does not certify, audit, or guarantee the environmental standards or "eco-friendly" claims made by independent Suppliers. The ultimate responsibility for environmental compliance and the impact of the activities lies solely with the respective Suppliers and the Customers.

26.2 Expectations for Travelers and Suppliers

We encourage all users to adopt responsible practices, including:

• Waste Management: Reducing the use of single-use plastics and disposing of waste in designated areas.
• Wildlife Protection: Respecting local ecosystems, maintaining a safe distance from wildlife, and strictly following the "no-touch, no-feed" policies.
• Local Regulations: Complying with all specific environmental laws and protected area regulations in the countries where services are executed.

26.3 Digital Responsibility

Gekko Explorer strives to minimize its digital carbon footprint by optimizing our website, mobile application, and AI-powered automation tools to ensure high performance with lower energy consumption.

26.4 No Right to Refund for Environmental Violations

If a Customer is found to be intentionally damaging ecosystems, harassing wildlife, or violating local environmental laws during an activity, the Supplier reserves the right to terminate the service immediately. In such cases, the Customer will not be entitled to any refund.

27. Modifications and General Provisions

27.1 Right to Modify Services and Terms

Gekko Explorer reserves the right to halt, alter, or modify any feature of our services or these Terms and Conditions at any time. Any changes will be effective immediately upon posting. Your continued use of the platform constitutes your acceptance of the updated Terms.

27.2 Claims and Reporting Window

In accordance with Articles 13-A and 13-D of the Salvadoran Consumer Protection Law, any claim regarding service non-compliance, defects, or the exercise of the right of withdrawal must be reported to Gekko Explorer within eight (8) calendar days following the purchase or the completion of the activity, as applicable. Failure to report within this timeframe shall be considered as full satisfaction with the service rendered. In the event of a future legislative amendment to these timeframes, the prevailing legal period established by the relevant Salvadoran authorities shall automatically apply to this agreement without the need for a prior update of these Terms.

For the avoidance of doubt, administrative claims and judicial actions are subject to different legal procedures and timeframes under Salvadoran law.

27.3 Statute of Limitations for Legal Action

While administrative complaints follow the terms established by the Defensoría del Consumidor, any formal legal action or civil claim in court must be initiated within one (1) year after the cause of action arises, to the extent permitted by Salvadoran law.

27.4 Severability

Should any part of these terms be declared invalid or unenforceable by a court in San Salvador, such invalidity shall not impact the remaining clauses, which will continue to be in full force and effect.

27.5 Language

These Terms are provided in English for the convenience of our international customers. However, as the Governing Law is that of the Republic of El Salvador, the Spanish version of this document shall be the only legally binding version for judicial purposes. In case of any discrepancy between the English and Spanish texts, the Spanish version shall prevail.

28. Good Faith

Both the Customer and Gekko Explorer agree to act in good faith throughout the booking, execution, and resolution of any issue related to the services. The Customer acknowledges that abuse of the platform, fraudulent claims, or attempts to obtain refunds outside the conditions established in these Terms may result in the denial of such claims.

29. Abusive or Opportunistic Claims

The Customer acknowledges that refund requests, claims, or disputes must be based on objective facts and genuine service issues. Repeated, abusive, or opportunistic claims intended to circumvent the refund rules established in these Terms may result in the suspension of the User's account and the denial of such claims, without prejudice to any other legal remedies available to Gekko Explorer.

30. Interpretation

These Terms shall be interpreted in accordance with Salvadoran consumer protection laws. In case of doubt, interpretation shall favor the protection of the consumer, provided that such interpretation does not contradict the express terms, refund conditions, and limitations clearly disclosed at the time of booking.

31. Supplier Responsibility

Nothing in these Terms shall limit or exclude the legal responsibility of the Supplier toward the Customer for the proper execution of the service, in accordance with applicable Salvadoran law.

32. Pre-Contractual Information

By completing a booking, the Customer confirms that they were provided with clear, sufficient, and accessible information regarding prices, cancellation conditions, penalties, refund options, and the nature of Gekko Explorer as an intermediary, in accordance with Salvadoran consumer protection regulations.