Version 1 · October 31, 2026
TRANSPORTATION AGREEMENT
ASSUMPTION OF RISK
AND RELEASE OF LIABILITY
Transportation Agreement, Assumption of Risk and Release of Liability for passengers aboard the yacht Anamara.
Introduction
In consideration of being permitted to travel as a passenger aboard the yacht Anamara (the "Yacht") and to take part in the Activities (as defined below) operated by LUMABEDA TOURS C. LTDA., the operator of the Yacht, and Pontos LLC, doing business as Anakata (together, "Anakata" or the "Company"), I agree, for myself, any minors or dependents traveling with me, my heirs, personal representatives and assigns (the "Passenger"), to the following.
I. Obligations and conditions of carriage — 1. Company's limitations for transportation
1.1 A fully paid booking entitles the named Passenger and their baggage to transportation aboard the Yacht Anamara for the expedition and dates confirmed, according to the itinerary authorized by the Galápagos National Park (DPNG).
1.2 Full payment must be received before embarkation. Payments are non-refundable except as set out in the Booking Terms and the Terms & Conditions.
1.3 The booking is personal to the named Passenger and may not be transferred, except as permitted in the Terms & Conditions (name changes).
1.4 At check-in, each Passenger must present a valid passport and the Booking Confirmation.
1.5 Guests under 18 must travel with a parent or legal guardian, who accepts this Agreement on their behalf and confirms having the legal authority to do so. Children under 12 must share a suite with an adult.
1.6 Anakata does not provide childcare. Parents and legal guardians are solely responsible for the care, supervision and safety of their minors at all times, on board, during landings, excursions and water activities, including keeping them at a safe distance from wildlife and ensuring that they follow Galápagos National Park rules and safety instructions. To the fullest extent permitted by applicable law, they release, indemnify and hold Anakata harmless from any claim related to the minor's participation, including third-party claims.
1.7 Every Passenger must sign this Agreement before embarkation. It may be signed electronically.
1.8 Passengers are responsible for any increases in Galápagos National Park fees, the Transit Control Card, government taxes and airline fares or fuel surcharges set by third parties.
1.9 Purchases made on board are charged to the Passenger's onboard account and must be settled before disembarkation.
2. Late arrivals and early disembarkation
2.1 We recommend arriving in mainland Ecuador at least two nights before the flight to San Cristóbal, to allow for delays. Passengers on our reserved flights must check in at the airport at least two hours before departure.
2.2 Once the expedition has started, the Yacht cannot return for Passengers who miss their flight to Galápagos. Failure to arrive in time is treated as a cancellation under the Terms & Conditions and the Booking Terms. Subject to availability and Galápagos National Park rules, the Passenger may join the Yacht later at their own expense.
2.3 A Passenger who chooses to disembark early, for any reason, does so at their own risk and expense at the next suitable point, without refund.
2.4 We strongly recommend travel insurance that covers trip cancellation and interruption, in addition to the mandatory health and medical evacuation insurance required by our Terms & Conditions.
3. Itinerary, schedule and yacht changes
3.1 Anakata may, at its sole discretion and without liability, deviate from the advertised schedule or itinerary without prior notice, for reasons including weather, sea conditions, health and safety, changes to Galápagos National Park policies, mechanical problems, refueling, provisions or supplies. Anakata is not responsible for any loss, damage or inconvenience resulting from such changes.
3.2 The first and last days of each expedition are mainly logistical and depend on flight and refueling schedules. Visits on those days are not guaranteed, and no refunds, discounts or credits are given if no visits take place.
3.3 Anakata may cancel, change, advance or postpone a scheduled departure, or change the airport, port, itinerary, islands, visitor sites, yacht or means of transport, for reasons including weather, health and safety, charters, low occupancy, mechanical or maintenance issues, refueling, provisions or the requirements of government authorities. If Anakata cancels the Passenger's expedition, before or during it, for reasons within its control, such as charters, low occupancy, or mechanical or maintenance issues, the Passenger may choose a refund of the amounts paid for the unused portion of the expedition or a transfer to another departure, subject to availability and any applicable price difference. If the cancellation is due to circumstances beyond Anakata's reasonable control, such as weather, sea conditions or the requirements of government authorities, clause 3.6 applies.
3.4 The Yacht may be called upon to assist other vessels, tow or be towed, or deviate from its route to save life or property, and Anakata will do so without any liability to Passengers.
3.5 Anakata may replace the Yacht with another vessel of similar category for reasons including force majeure, mechanical problems or safety. No refund or other compensation is given to Passengers who accept the replacement vessel. Passengers who do not accept it will receive a refund of the amounts paid to Anakata for the expedition, and Anakata will not be liable for any other costs, including non-refundable airline tickets.
3.6 Anakata will not be liable for any failure or delay in performing its obligations, or for any resulting expenses, losses or damages, to the extent caused by circumstances beyond its reasonable control that could not reasonably have been prevented or avoided, including events of force majeure or fortuitous events, such as natural disasters, extreme weather, pandemics, war, port closures or binding government restrictions. Anakata may modify, suspend or cancel the affected expedition or services and will notify the Passenger as soon as reasonably practicable and take reasonable steps to mitigate the impact. If a departure is cancelled, interrupted or postponed for any of these reasons and no substitute vessel can be arranged, Anakata will issue a credit for the unused portion of the expedition, to be used on a future departure, subject to availability.
4. Personal belongings
4.1 Each suite has a safe for valuables. Passengers are responsible for their personal belongings, such as cameras, jewelry, money, electronic devices and equipment.
4.2 In case of loss of or damage to belongings kept in the suite safe or in locked baggage during the expedition, due to Anakata's negligence, Anakata's liability is limited to USD 100 per Passenger, except where caused by Anakata's gross negligence or willful misconduct.
4.3 During the entire expedition and land tours, Anakata is not responsible for any damage, loss or theft of personal belongings from baggage that is not locked.
5. Airlines, baggage and ground services
5.1 When Anakata arranges domestic flights, it acts only as an agent of the airline. Anakata is not liable for cancellations, delays, overbooking, rerouting or any other act or omission of the airline. The Passenger's rights against the airline are set out in the airline ticket and applicable law.
5.2 Baggage allowances on domestic flights are set by each airline. Excess baggage charges are paid by the Passenger.
5.3 Anakata is not liable for loss of or damage to baggage while in the custody of an airline. Any compensation is governed by the airline's conditions and Ecuadorian civil aviation rules.
5.4 Anakata is not liable for the acts or omissions of independent providers of hotels, transfers, tours or other ground services, including accidents, illness, injury or damage to property.
5.5 Activities that the Passenger arranges independently, outside the Anakata program, before, during or after the expedition, such as free time in town, tours, sports or water activities with third parties, are not organized, supervised or recommended by Anakata and are undertaken at the Passenger's own risk. To the fullest extent permitted by applicable law, Anakata is not liable for any injury, illness, accident, loss, damage or death arising from them.
6. Health and medical emergencies
6.1 Galápagos is a remote destination with limited medical facilities. Anakata does not have medical personnel on board. The crew is trained in first aid and coordinates emergency assistance.
6.2 Anakata is not liable for illness, including allergic reactions, arising from food or drink, unless caused by its gross negligence. Passengers acknowledge that food or waterborne illness may occur despite reasonable precautions, especially in remote environments.
6.3 Passengers who will be 30 or more weeks pregnant at any time during the expedition may be refused embarkation. Pregnant Passengers must inform Anakata at booking, may be asked for a medical certificate and must sign our Pregnancy Waiver.
6.4 In a medical emergency, Anakata will arrange transport to a medical facility in Galápagos or the next available flight to mainland Ecuador, at the Passenger's expense and that of their insurer. The Passenger authorizes Anakata to contact their insurer and emergency contact and to share the medical information needed to arrange assistance or evacuation.
6.5 If a Passenger is unable to request medical assistance, Anakata may call a physician or medical professional, where available, to provide care, and the Passenger consents to such care.
7. Safety, conduct and National Park rules
7.1 The Captain or an authorized representative of Anakata may refuse or limit service to a Passenger, or end their expedition, if the Passenger fails to follow safety instructions or Galápagos National Park rules, refuses a reasonable search of person or property, behaves in a way that is disrespectful or endangers others, is under the influence of drugs or excessive alcohol, or has a contagious illness or condition that puts the health or safety of others at risk.
7.2 In that case, the Passenger may be required to disembark at the next suitable point, at their own expense and without refund.
7.3 Anakata has zero tolerance for illegal drugs and will report their use to the competent authorities.
7.4 Before each water activity, Passengers must attend the safety briefing, follow the guides' instructions on where and how to swim or snorkel, and use flotation devices when the guides require it. Each Passenger decides whether to take part, according to their own abilities and health.
7.5 Anakata may request medical information or consent before allowing a Passenger to take part in certain Activities. A Passenger whom the Captain or guides consider unable to take part safely in a landing or activity is not entitled to a refund for it.
7.6 No one may disturb, collect or remove wildlife, plants, rocks, sand, coral or any other natural or cultural item from the Galápagos National Park. Offenders are solely responsible for any resulting sanctions.
II. Passenger acknowledgments, assumption of risk and release
I understand, acknowledge and agree that:
1. Travelling aboard the Yacht and taking part in guided landings, hiking, swimming, snorkeling, kayaking, stand-up paddle boarding, panga (zodiac) rides and other excursions (the "Activities") involves risks of injury, illness, damage to property and, in exceptional cases, death. Scuba diving is not an Anakata activity.
2. The Activities can be physically demanding and take place in remote locations, where immediate medical care may not be available.
3. I am responsible for the costs of any evacuation and medical treatment that may be required, as set out in the Travel insurance section of the Terms & Conditions.
4. I am of legal age and competent to sign this Agreement. A parent or legal guardian signs on behalf of each Passenger under 18.
5. I accept any equipment provided by Anakata as is. I will use it as instructed and at my own risk, return it in good condition, and pay for any loss or breakage caused by misuse.
6. I do not rely on any statement other than those set out in this Agreement, the Terms & Conditions and the Booking Terms.
7. I am physically and mentally fit to take part in the Activities and I am not under the influence of alcohol, drugs or medication that would make taking part unsafe.
8. I will follow all safety instructions and the rules of the Galápagos National Park, the Captain, the crew and the naturalist guides.
9. Waiver and release. To the fullest extent permitted by applicable law, I freely and voluntarily, forever, release, discharge, waive and relinquish, in favor of Anakata, any and all claims, demands or causes of action, whether foreseen or unforeseen, arising from or in connection with any of the Activities, including those relating to accident, personal injury, illness, theft, property damage or death, except those caused by Anakata's gross negligence or willful misconduct.
10. Assumption of risk. I voluntarily assume the inherent risks of the Activities and of travel in a remote natural area, including weather and sea conditions, accidents on land or water, falls on trails, lava or rocks, contact with wildlife or plants, and allergic reactions. These risks may be greater for Passengers with pre-existing medical conditions or reduced mobility and for minors. I am responsible for my decision to take part in the Activities, for any decision to disembark early, and for any resulting costs.
11. Nothing in this Agreement excludes or limits any liability that cannot lawfully be excluded or limited.
III. General provisions
1. If any provision of this Agreement is found invalid or unenforceable, the remaining provisions remain in full force and effect.
2. This Agreement is governed by the laws of Ecuador.
3. The parties expressly agree that any dispute arising out of or relating to this Agreement, including its validity, interpretation, performance or termination, shall be resolved by confidential arbitration administered by the Arbitration and Conciliation Center of the Guayaquil Chamber of Commerce (Centro de Arbitraje y Conciliación de la Cámara de Comercio de Guayaquil) under its Arbitration Rules and Ecuador's Arbitration and Mediation Law. A sole arbitrator, appointed by drawing lots, shall decide the dispute in accordance with law. The expedited procedure under Articles 65 et seq. of those Rules shall apply regardless of the amount or complexity of the dispute. The seat of arbitration shall be Guayaquil, Ecuador, and the proceedings shall be conducted in Spanish. The parties expressly waive recourse to ordinary courts for the resolution of such disputes.
4. Any claim against Anakata must be presented in writing within six (6) months of the event giving rise to it. Any proceeding must be started within one (1) year of that event.
5. Electronic signatures and scanned copies of this Agreement are valid as originals.