1. Definitions
In these General Terms and Conditions of Sale (hereinafter "GTC"):
- "Toucan Discovery" or "We" refers to Toucan Discovery S.R.L., an inbound travel agency (Destination Management Company) registered in Costa Rica under Cédula Jurídica 3-102-862013, organizer of the services offered.
- "Client" or "You" refers to any natural or legal person (travel agency, tour operator, individual traveler) booking a service with Toucan Discovery.
- "Service" refers to any service provided by Toucan Discovery: tailor-made travel program, tour, transfer, accommodation, activity, guide, or any other tourism service.
- "Travelers" refers to the persons actually registered for the Service.
- "Quote" refers to the detailed commercial offer sent to the Client, including price, included services and exclusions.
2. Acceptance of the GTC
Any booking with Toucan Discovery implies the Client's unreserved acceptance of these GTC. These GTC prevail over any other terms, unless expressly waived in writing by Toucan Discovery.
Toucan Discovery reserves the right to modify these GTC at any time. The applicable terms are those in force on the date the booking is confirmed.
3. Purpose
These GTC govern the contractual relationship between Toucan Discovery and its Clients regarding the sale of tourism services in Costa Rica, Panama, Nicaragua and the other Central American and Caribbean destinations offered by Toucan Discovery.
Toucan Discovery, founded in 2023, acts as organizer and/or reseller of tourism services in accordance with Costa Rican regulations applicable to inbound travel agencies.
4. Booking process
4.1 Quote request
Every travel request is the subject of a free detailed Quote. The Quote specifies the included services, exclusions, dates, total price and validity period of the offer.
Quote validity: unless otherwise stated on the offer, quotes issued by Toucan Discovery are valid for 15 calendar days from their date of issue. Beyond this period, rates and availability may have changed and a new quote must be requested.
4.2 Booking confirmation
The booking is considered firm and final after:
- Written acceptance of the Quote by the Client (email is sufficient);
- Payment of the deposit under the conditions set out in article 5;
- The sending by Toucan Discovery of the booking confirmation.
As hotel and flight availability is not guaranteed until the booking is confirmed, Toucan Discovery cannot be held liable for a price increase or unavailability occurring between the issue of the Quote and its confirmation.
5. Prices and payment terms
5.1 Prices
Prices are expressed in US dollars (USD). They include the services listed in the Quote and exclude any service not mentioned (international flights, personal insurance, tips, personal expenses, drinks outside included meals, etc.).
Toucan Discovery reserves the right to adjust the price in the event of:
- A change in the number of travelers or the duration of the stay;
- A significant variation in the exchange rate between the date of the Quote and the date of confirmation;
- An increase imposed by a supplier beyond Toucan Discovery's control.
5.2 Payment terms
Deposit: 30% of the total amount upon confirmation of the booking
Balance: no later than 30 calendar days before the departure date
Booking less than 30 days before departure: full payment upon confirmation
5.3 Accepted payment methods
- International bank transfer (SWIFT) to our Costa Rican business account. Full bank details (IBAN, SWIFT/BIC, beneficiary) are provided on the pro forma invoice accompanying the booking confirmation.
- Credit card via a secure payment link sent by email. All major cards are accepted (Visa, Mastercard, American Express subject to availability). Transactions are processed by a PCI-DSS certified third-party payment provider.
Any bank charges (international transfers, card fees, currency conversion for payments outside USD) are borne by the Client. Toucan Discovery does not charge any additional fee on the payment methods offered.
5.4 Late payment
In the event of non-payment of the balance by the agreed date, Toucan Discovery reserves the right, after formal notice remaining without effect for 48 hours, to cancel the booking without refund of the deposit and to apply the cancellation conditions set out in article 6.
6. Cancellation conditions by the Client
Any booking cancellation must be notified in writing (email to
admin@toucandiscovery.com) and takes effect on the date of receipt. The following cancellation fees apply:
| Time before departure | Fees withheld |
|---|
| More than 60 days | 25% of the total amount |
| Between 60 and 30 days | 50% |
| Between 30 and 15 days | 75% |
| Less than 15 days / no-show | 100% |
Important: some services (non-refundable hotels, domestic flights, specific activities such as diving or helicopter flights) may be subject to stricter cancellation conditions imposed directly by our suppliers. These special conditions are specified at the time of the Quote and then prevail over the above scale for the services concerned.
7. Modification by the Client
Any modification request after confirmation (dates, number of travelers, services) is subject to review by Toucan Discovery.
Modifications are subject to:
- The availability of the requested services;
- Acceptance by the suppliers concerned;
- A flat administrative fee of 50 USD per modification ;
- Any price difference related to the modification.
Any major modification (change of dates by more than 7 days, cancellation of more than 20% of travelers) may be treated as a cancellation and subject to the conditions of article 6.
8. Cancellation or modification by Toucan Discovery
Toucan Discovery reserves the right to cancel or modify a Service in the following cases:
- Minimum number of participants not reached (for group tours);
- Exceptional circumstances beyond our control;
- Force majeure (see article 9).
In such cases, the Client will be informed as soon as possible and will be offered:
- An equivalent service of similar quality, or
- A full refund of the amounts paid.
No additional compensation may be claimed beyond the refund of the amounts paid, except in the event of proven fault by Toucan Discovery.
9. Force majeure
Force majeure events are external, unforeseeable and irresistible events such as, in particular:
- Natural disasters (hurricanes, earthquakes, volcanic eruptions, floods)
- Epidemics, pandemics, health crises
- Armed conflicts, civil unrest, acts of terrorism
- General strikes, transport stoppages
- Border closures, government restrictions
In the event of force majeure making the performance of the Service impossible or clearly inappropriate, Toucan Discovery will use its best efforts to offer an alternative solution. If no solution is possible, the amounts paid will be refunded after deduction of costs already incurred and non-recoverable from our suppliers (hotels, airlines, etc.).
10. Liability and insurance
10.1 Liability of Toucan Discovery
Toucan Discovery undertakes to provide the services described in the Quote with the care of an inbound tourism professional and in compliance with applicable Costa Rican and international standards.
Throughout the trip, Toucan Discovery provides its Travelers with a
24/7 assistance line reachable at +506 8777-7166
(phone and WhatsApp) to deal with any unforeseen situation.
However, Toucan Discovery cannot be held liable for:
- Failures attributable to the Travelers (delay, loss of documents, non-compliance with safety instructions);
- Acts of a third party unrelated to the provision of the services (airline, international flight delays, etc.);
- Cases of force majeure.
10.2 Travel insurance
Insurance strongly recommended. We strongly recommend that all our Travelers take out, before departure, travel insurance covering at least: cancellation, medical repatriation, medical and hospital expenses, luggage, and civil liability.
Recommended partner: for our French-speaking Travelers, we recommend
Chapka Assurances, a travel insurance specialist whose policies are well suited to long stays and to the adventure activities featured in our programs. This recommendation is indicative and does not bind the Traveler, who is free to choose any insurer.
11. Travel documents
It is the Client's responsibility to ensure they have the documents required for their trip:
- Valid passport valid for at least 6 months after the planned return date
- Visa depending on nationality and destination (Costa Rica does not require a visa for most European nationalities for stays under 90 days)
- Vaccines recommended or mandatory depending on the destination (check with your doctor or an international vaccination center)
- Return ticket (a requirement for entry into Costa Rica)
- Proof of accommodation and/or Toucan Discovery voucher (provided by us)
Toucan Discovery may provide general information on this subject but cannot substitute for consular authorities. Any inability to board or enter a country due to missing documents remains the sole responsibility of the Client and does not give rise to any refund.
12. Complaints
Any complaint must be addressed in writing to Toucan Discovery:
- During the trip: report it immediately to your Toucan contact via the 24/7 assistance line (+506 8777-7166) so that a solution can be sought on site in real time
- After the trip: by email to admin@toucandiscovery.com within a maximum of 30 calendar days from the return date
No complaint can be processed beyond this 30-day period. Toucan Discovery undertakes to acknowledge receipt of any complaint within 48 business hours and to provide a substantive response within a maximum of 30 business days.
13. Personal data
The personal data of the Client and the Travelers are processed in accordance with our
Privacy Policy, in compliance with the General Data Protection Regulation (GDPR, EU 2016/679) for residents of the European Union and Costa Rican law No. 8968 on data protection.
14. Governing law and jurisdiction
These GTC are governed by Costa Rican law, the country of Toucan Discovery S.R.L.'s registered office.
In the event of a dispute, the parties will first endeavor to find an amicable solution. Failing an amicable settlement within 60 days of notification of the dispute, the competent courts will be those of the jurisdiction of Toucan Discovery's registered office in San José, Costa Rica, unless mandatory legal provisions state otherwise (in particular the consumer protection rules applicable in the European Union for European consumer clients).