Terms and Conditions of Use of the website visitsantamarta.com and the services provided by Visit Santa Marta Travel Agency

Current version 31/03/2021

This document describes the general terms and conditions (hereinafter referred to as the "Terms and Conditions") applicable to the use of the services offered by SANTA MARTA TOURISM CENTER BRAND COLOMBIA S.A.S. (hereinafter referred to as "the Services") within the website www.visitsantamarta.com ("VISIT SANTA MARTA" or "the Site" or "the Page"). Any person wishing to access and/or use "the site" or the services offered therein may do so subject to the general terms and conditions contained herein.

THESE TERMS AND CONDITIONS ARE MANDATORY AND BINDING ON THE USER. THEREFORE, ANY PERSON WHO DOES NOT AGREE WITH THESE GENERAL TERMS AND CONDITIONS MUST REFRAIN FROM USING THE SITE AND/OR THE SERVICES.

the user must read, understand and accept all the terms and conditions set forth in the general terms and conditions, as well as the privacy notice and the policy for the treatment of personal data, as well as the other documents incorporated in these terms and conditions by reference, prior to using the "site" or registering as a user of the same. 

GENERAL; 2. TERMS AND CONDITIONS OF USE OF THE WEBSITE; AND 3. TERMS AND CONDITIONS OF USE OF THE SERVICES OFFERED OR PROVIDED BY VISIT SANTA MARTA MARTA AS A TRAVEL AGENCY.

Section 1: General Aspects

1.1.Visit Santa Marta

VISIT SANTA MARTA MARTA is a commercial entity owned by SANTA MARTA TOURISM CENTER BRAND COLOMBIA S.A.S., a commercial company with its head office in the city of Santa Marta (hereinafter SM-TC BRAND COLOMBIA) with Nit. 901.338.944-8, which has the National Tourism Registry RNT No. 92944 as a travel and tourism agency and RNT No. 92996 as an operating travel agency. 

1.1.2. Capacity

Access to the "Website" and the acquisition of the services offered through it may be made only by natural or legal persons who have the legal capacity to contract. Natural persons who, according to Colombian law, do not have the legal capacity to contract, such as minors or persons who have been judicially declared temporarily or definitively incapable or incompetent to contract for services, may not access the Site or acquire or use the Services. 

If the Site is accessed by a legal entity, the User must have the legal capacity to contract on its behalf and to assume the responsibility of the legal entity on whose behalf it is acting, in accordance with the statutes and applicable regulations.

By accessing "the Site" and accepting these Terms and Conditions, the User is deemed to have the necessary capacity in accordance with the above.

1.2. Privacy Notice

In order to use the services offered by VISIT SANTA MARTA, users must provide certain personal data.   Therefore, this Privacy Notice (hereinafter referred to as the "Notice") establishes the terms and conditions under which SM-TC BRAND COLOMBIA S.A.S. (Data Controller), identified with Nit. 901.338.944-8 and located in the city of Santa Marta, processes the personal data of users who register on the "Website".

A. Processing and purposes:

The processing carried out by SM-TC - BRAND COLOMBIA S.A.S.  with the personal data will be the following: collect, store, use, circulate, register, manage, report, process, use, evaluate, analyze, confirm, update and delete my personal data for the following purposes: (i) to carry out the relevant actions for the development of the corporate purpose of the company in what has to do with the services it promotes and offers; (ii) to carry out invitations to events and offer new products and services; (iii) to provide the services offered by SM-TC -BRAND COLOMBIA S. A.S. and contracted by the User; and (iv) to provide the information to third parties with whom SM-TC -BRAND COLOMBIA S.A.S. has a contractual relationship and whose provision of the information is necessary to fulfill the purpose of the contract.  

In the event that SM-TC BRAND COLOMBIA S.A.S. should request sensitive data, it will only do so in those cases in which this information is necessary to prevent risks that may arise from the use of the services offered in the "Site", such as, for example, for the realization of excursions or tourist experiences, the realization of which requires the absence of any health conditions that could affect the development of the activity.

B. Rights of the Data Subject:

As the owner of your personal data, you have the right to: (i) access, free of charge, to the data provided that have been the subject of treatment. (ii) To know, update and rectify their data against partial, inaccurate, incomplete, fractioned, misleading data, or those whose treatment is prohibited or has not been authorized. (iii) Request proof of the authorization given. (iv) file complaints with the Superintendence of Industry and Commerce (SIC) for violation of the provisions of the regulations in force. (v) Revoke the authorization and/or request the deletion of the data, unless there is a legal or contractual obligation that prevents their deletion. (vi) Refrain from answering questions concerning sensitive data. The answers concerning sensitive data or data of children and adolescents are optional.  

C. Mechanisms to Know the Processing Policy.

The data subject has access to our Personal Data Processing Policy, which is published at www.visitsantamarta.com/politica-de-tratamiento-de-datos-personales/.

1.3. Copyright, Intellectual and Industrial Property.

SM-TC BRAND COLOMBIA S.A.S. is the owner of this website and has the corresponding authorizations for the use of the graphic, audiovisual and photographic material contained therein (hereinafter referred to as the "Content"), as well as the encodings and texts in any format used for the development and operation of the "Website".

No User may modify, alter, copy, distribute, retransmit, display, use, reproduce and/or publish the codes or content of the "Site" for purposes other than accessing it and obtaining the services offered therein.

The improper use of the contents or codes of "the site" may give rise to legal action in accordance with the legislation in force.  

VISIT SANTA MARTA is a registered trademark.  Unauthorized use of the VISIT SANTA MARTA trademark without prior authorization from SM-TC BRAND COLOMBIA S.A.S. is prohibited, as is the reproduction of its logo symbol. This behavior may be sanctioned in accordance with current legislation. 

1.4. Modifications

VISIT SANTA MARTA may modify these Terms and Conditions at any time by posting the modified Terms and Conditions on the Website. All modified terms shall be effective from the date of their posting.  Any user who does not agree to the modifications made by VISIT SANTA MARTA may close his or her account.

1.5. Registered address

The domicile of SM-TC BRAND COLOMBIA S.A.S. and VISIT SANTA MARTA MARTA Travel Agency is established at Carrera 1 C # 22-19, Bellavista neighborhood in the city of Santa Marta - Colombia; Telephone (+57) 310 8720384.

1.6. Jurisdiction and applicable law

This Agreement shall be governed in all respects by the laws in force in the Republic of Colombia. Any dispute arising from this Agreement, its existence, validity, interpretation, scope or compliance, will be submitted to the applicable laws and the competent courts of the City of Santa Marta, and the proceedings will be conducted in Spanish language.

All information provided by users will be considered true for tax purposes.

Section 2: Terms and Conditions of Use of the Website

2.1. Registration process

- In order to access the services offered on "the Site", the User must complete the registration form requested. 

- The information provided by the User must be truthful and correspond to valid and true data of the User.

- The information provided must be updated by the User in the event of any changes.

VISIT SANTA MARTA may, if it deems it necessary, use various means to identify its users or verify the veracity of the information; however, it assumes NO responsibility for the accuracy of the data and information provided by its users. In any case, the user guarantees and is responsible for the truthfulness, accuracy, validity and authenticity of the information provided.

VISIT SANTA MARTA reserves the right, in cases where it deems it prudent, to request any additional evidence and/or data in order to corroborate the information provided by the user, as well as to temporarily or permanently suspend users whose data contain inconsistencies. In these cases, the suspension does not give the User the right to claim damages for the impossibility of using the "Site" or accessing the services offered therein.  In these cases, the User may send a request to VISIT SANTA MARTA MARTA requesting the reactivation of his registration to the e-mail reservas@visitsantamarta.com prior attention to the instructions or provision of information requested for this purpose.

By registering on "the Site", the User creates a personal account ("Account") by entering a user name and a security key ("Key") with which he/she can access the services of "the Site".   The User is obliged to keep his/her Security Key confidential. VISIT SANTA MARTA is not responsible for the use of the Password by the User. 

The account is personal, unique and non-transferable, and it is forbidden for the same user to register or have more than one account. If VISIT SANTA MARTA discovers multiple accounts with the same or related data, it may suspend, deactivate or cancel them or request additional information from the user about the reason for the coexistence of multiple accounts.

The User is responsible for all operations carried out in his/her account, since access to the same is restricted by the use of his/her password, which must be exclusively known to the User. The User undertakes to notify VISIT SANTA MARTA immediately and in an appropriate and verifiable manner of any unauthorized use of his/her Account, as well as of any access by unauthorized third parties to the same.

VISIT SANTA MARTA reserves the right to refuse any request for registration or to cancel a previously accepted registration, without being obliged to communicate or explain the reasons for its decision and without giving rise to any right to compensation or damages.

The natural person or legal entity User may not register on the Site if he/she is in one of the following situations (i) subject to national or international sanctions for engaging in commercial activities; or (ii) located, incorporated, or resident in a country or territory that is subject to international sanctions or whose government is subject to sanctions, including, but not limited to, the Crimea region, Cuba, Iran, Syria, and North Korea.

For the purposes of the foregoing, sanctions shall mean: restrictions or prohibitions on the ability to engage in business and other economic activities with certain countries, regions, persons, entities and sectors of the economy, or any governmental measures designed to prevent an entity (including natural or legal persons, countries, etc.) from accessing financial and economic assets in order to counter and reduce behavior that threatens national or international security or violates international law. In particular, those included in the OFAC (Office of Foreign Assets Control of the United States) lists, the United Nations (UN) terrorist lists, the United States Department of State's list of foreign terrorist organizations, and the European Union's lists of organizations and individuals designated as terrorist, as well as any national restrictive lists, will be rejected as users or suspended or disqualified, and will be prohibited from registering or using "the site" in the aforementioned territories or sanctioned jurisdictions.

Likewise, VISIT SANTA MARTA may unilaterally and without prior notice terminate access to the "site" or the provision of contracted services if: (i) The User is included in restrictive lists, in particular those mentioned above.  (ii) The User registers a person included in any of the aforementioned lists; (iii) The User has been convicted by the competent authorities for conduct related to illicit activities and/or related to money laundering, financing of terrorism and/or any of the related crimes referred to in the Colombian Penal Code and/or the regulations that modify, supplement or reform it; (iv) The User has been punished for conduct related to sex tourism with minors or child pornography.

2.2. Technical access requirements

To access the "Site", the User must have access and connection to the Internet.

2.3. Use of technologies and cookies 

"The Site makes use of "cookies" technology, which are small data files generated in the User's computer that allow the following information to be known

- The date and time of the User's last visit to the Site.

- The content design chosen by the User during his/her first visit to "the Site".

- Security elements used to control access to restricted areas.

However, the user is informed of the possibility of rejecting this use in his computer terminal. These "cookies" allow other users, once registered, to see whether you are connected or not and thus to contact you more easily and quickly.

2.4. Interruption or Failure of "The Site".

VISIT SANTA MARTA shall not be liable for any damage or loss of information caused to the User by system, server or Internet failures. 

VISIT SANTA MARTA shall not be liable for any viruses, malware, or spyware that may infect a user's equipment as a result of accessing or using "The Site" or as a result of the transmission of any data, files, images, text, or audio contained therein.

Users may NOT hold VISIT SANTA MARTA responsible for, or demand payment of, any lost profits or consequential damages resulting from damages caused by technical difficulties or failures of systems or the Internet. 

VISIT SANTA MARTA does not guarantee continuous or uninterrupted access to and use of the Site.  The system may be unavailable at times due to technical difficulties or Internet failures or other circumstances beyond VISIT SANTA MARTA's control; in such cases, VISIT SANTA MARTA will attempt to restore service as quickly as possible, without inferring or implying any responsibility on the part of VISIT SANTA MARTA. 

VISIT SANTA MARTA shall not be liable for any errors or omissions in its website.

2.5. Payment methods

The User who purchases services offered on "the Site" will make payments exclusively through the ePayco payment gateway or platform.

The terms and conditions of ePayco are published at https://epayco.co/terminos-y-condiciones-del-modelo-gateway/ and are understood to be incorporated into this document for all applicable purposes. 

The user understands and accepts that the invoice for the service purchased on "the site" may be issued by SM-TC BRAND COLOMBIA if it is provided directly by this company, or by another tourist service provider if SM-TC BRAND COLOMBIA acts only as an intermediary and the service provider also uses the ePayco payment gateway or platform. 

2.6. Security contingencies 

Acquiring services and making payments through technological platforms may give rise to contingencies arising from third parties who illegally or fraudulently attempt to access the User's data. For this reason, users are advised to observe the following security measures

- Access "the Site" from non-public private networks such as those located in shopping malls; airports or public places.

- Keep and treat with due confidentiality the password used to access "the site".

- Do not respond to any e-mail in which VISIT SANTA MARTA asks you to provide your password, credit card information or security code.  If you receive such an e-mail, please contact VISIT SANTA MARTA before responding. 

- The user should refrain from answering or responding to suspicious emails, as they can be deceived by emails or DNS servers (Domain Name Systems) that lead to visit a fake site that has the same design, but where the card data is loaded into the fake system, stealing information from the credit card holder.

- It is possible that, without the user's knowledge, the computer on which the transaction is being carried out may have installed spyware or malicious software that captures everything typed on the keyboard or information from input devices and sends it to a network or host on the Internet. Therefore, it is recommended to conduct the transaction on a home or office computer.

- User impersonation may occur or the User may refuse to send and/or receive the transaction and it may be used by a third party.

- The User is advised to make transactions only through secure networks and from a computer that has an updated antivirus program and the appropriate security measures to protect the information.

Section 3: Terms and Conditions for the Use of Services Offered or Provided by VisitSantaMarta.com as a Travel Agency

3.1. Services offered through "The Website".

VISIT SANTA MARTA is authorized to offer tourism services as a travel agency and wholesale travel agency, in accordance with the provisions of Article 85 of Law 300 of 1996 and the Single Regulatory Decree of the Commerce, Industry and Tourism Sector 1074 of 2015, Articles 2.2.4.4.3.1.1. and following, as well as the regulations that modify, add to or reform them. 

VISIT SANTA MARTA, as a tourist service provider, is subject to Law 300 of 1996; modified by Law 1101 of 2006; modified by Law 1558 of 2012; modified by Law 2068 of 2020 and other regulations applicable to tourist service providers and travel agencies, including Decree 1074 of 2015.  

SM-TC BRAND COLOMBIA S.A.S. through WWW.VISITSANTAMARTA.COM offers the user the following services:

1. services marketed by VISIT SANTA MARTA and operated by THIRD PARTIES. In these cases VISIT SANTA MARTA may act as an intermediary in the marketing and/or provision of the service; strategic ally; participant or any form of contracting and/or collaboration that may be established between VISIT SANTA MARTA and the THIRD PARTY providing the service. 

2.  The services marketed and operated by VISIT SANTA MARTA may be provided exclusively to the service or link to third parties for that purpose. 

VISIT SANTA MARTA may have general offers of tourist services that are unchangeable by the user and offers made from the specific requirements of the user (specific offers). In case of doubt about the scope or content of an offer or the possibilities of modifying it, please contact VISIT SANTA MARTA's authorized channels.  

For these purposes, the following guidelines are established: 

• The services of THIRD PARTIES offered by VISIT SANTA MARTA are unchangeable, unless expressly stated otherwise. 

• The services offered and operated by VISIT SANTA MARTA that are offered in general are unmodifiable, unless expressly stated otherwise. 

• The specific or particular offers, understood as those designed for a user according to his particular requirements, may be modified in the terms determined for that purpose in the quotation or offer presented to him.  If nothing is indicated in this respect, it shall be understood that the offer is unmodifiable.

3.2. Definitions 

For the effects of the present section, the words that find definition in the tourism legislation will be understood in this sense. The terms used in the tourist activity that do not find definition in the Colombian legislation will be understood in the sense that the World Tourism Organization gives them in its glossary or in the definition of the Real Academy of the Language, in the absence of legal or technical definition. 

The expression Tourist Plan or Package is understood as the prior combination of at least two or more services of tourist character, sold or offered as a single product and for a global price. 

3.3. Liability clause

In accordance with the provisions of article 2.2.2.4.3.2.4. of Decree 1074 of 2015 (corresponding to article 3 of Decree 2438 of 2010), the services, plans or tourist packages offered by VISIT SANTA MARTA are subject to the liability clause contained in the following information:

1. The services, plans or tourist packages operated by THIRD PARTIES and marketed by VISIT SANTA MARTA are primarily governed by the terms and conditions and the liability clause provided by the operator of the THIRD PARTY and, in the event of subsidy, by the provisions of these clauses. 

2. The responsibility of the travel agency is limited to the provision and quality of the contracted services in accordance with the description and content indicated in the respective plan, tour, excursion or tourist program. 

3. The Agency is not responsible for goods or services not included or mentioned in the content of the contracted plan, tour, excursion, program or package, or for additional services that the USER decides to purchase.

4. The travel agency does not assume any responsibility towards the USER for the transportation service. In the event of an accident during land transportation, the USER shall be subject to the conditions established by the provider of the service and the relevant legislation. The provision of the transportation service, in any of its modalities, is subject to the legal regulations applicable to it.

5. VISIT SANTA MARTA declares that it acts as an intermediary in the provision of tourist services and therefore assumes no responsibility for accidents, strikes, riots, earthquakes, hurricanes, weather or natural phenomena, security conditions, political factors, health problems, delays or overbooking, or any other event that may occur before or during the execution of the plan, tour, excursion, program or tourist package, regardless of whether such events are caused by force majeure or accidental or the fault of the suppliers. Likewise, they do not assume any responsibility for damages that the USER may suffer to his person or property during the execution of the plan, tour, excursion, program or tourist package.

6. In the event that any of the circumstances described in the previous paragraph occur during the execution of the plan, tour, excursion, program or VISIT SANTA MARTA package, the organizer, operator or retailer reserves the right to make the necessary changes to the itinerary, dates, facilities, carriers and other services in order to ensure the provision of tourist services, always within the liability clauses of each supplier.      

7. VISIT SANTA MARTA reserves the prerogative to change the itinerary or services offered, to others of the same or higher category, when such changes benefit the quality and/or safety of the plan, tour, excursion, program or package.

8. In the event that, due to illness or force majeure, the USER is forced to cancel the contracted tourist services once they have started, he/she shall be entitled to reimbursement of the services not used, with the exception of the expenses that have been or will be incurred as a result of the cancellation, as long as the health problems have not been caused by the USER's carelessness or negligence or disregard of the regulations or measures required for the performance of some of the activities included in the plan, tour, excursion, program or tourist package.

9. The USER must present the documents required by the authorities (nationality card for adults and birth certificate or identity card or document substituting it for minors). Failure to comply with this requirement shall exempt VISIT SANTA MARTA. from any economic claim presented by the person involved in the incidents that such behavior may cause from the point of view of the realization of the tourist plan.

10. For some plans, tours, excursions, programs or tourist packages, USERS must carry a vaccination card. In addition, some plans, tours, excursions, programs or tourist packages may require medical examinations or special certifications for certain activities, such as PADI (Professional Association of Diving Instructors) certifications for the activity of scuba diving.

11. VISIT SANTA MARTA, as the organizer or operator or intermediary of the plan, tour, excursion, program or tourist package, reserves the right to withdraw from it any person who, for serious and duly proven reasons, whether of a moral or disciplinary nature, undermines the success of the same.

12. VISIT SANTA MARTA shall not be held liable for any legal or other inconvenience that may be caused to the USER in the event that the USER is forced to cancel the plan, tour, excursion, program or tour package for moral, disciplinary or legal reasons, or for any personal expenses incurred by the USER as a result.

13. VISIT SANTA MARTA, as the organizer, operator or intermediary of the plan, tour, excursion, program or tourist package, is not responsible for any loss or damage to the luggage or personal belongings of the user during the trip.  The baggage and other objects carried by the users are under their custody and responsibility.

3.4. Refunds

The refund policy for services not provided as a result of force majeure or fortuitous events, acts or omissions of third parties or the passenger, not attributable to the travel agency, before or during the trip, which may be subject to refund, will be defined by each THIRD PARTY and will be confirmed to the USER once the travel documents have been booked and issued, as well as the percentages of penalties or deductions that may apply. 

Refunds will be made within 30 calendar DAYS of the request. However, if the process takes longer for reasons beyond VISIT SANTA MARTA's control, VISIT SANTA MARTA will not charge interest on the amount to be refunded. The percentage of the refund will depend on the conditions of the supplier and the agency's administrative costs.

3.5. Visit Santa Marta as an intermediary

VISIT SANTA MARTA, when acting as a marketer of a service offered by a third party, will be responsible to the USER to: (i) guarantee the existence and provision of the service on the basis of the information published on the "site" and on the basis of the information provided to VISIT SANTA MARTA by the THIRD PARTY; (ii) communicate to the USER, in a clear, concise and complete manner, the relevant information so that the USER knows the characteristics of the service(s) to be provided by the Third Party and of which VISIT SANTA MARTA presumes the veracity; (iii) receive and handle any complaints or claims that the USER may submit to the Third Party; (iv) attend to and resolve any doubts that the USER may have regarding the provision of the service. 

VISIT SANTA MARTA shall not be liable for any falsehood or inaccuracy in the information provided by the third party or for any incident of any kind that may occur during the provision of the service.

3.6. Commercial Sexual Exploitation of Children and Adolescents (CSEC)  

VISIT SANTA MARTA is committed to the fight against Commercial Sexual Exploitation of Children and Adolescents (CSEC) and adheres to the Code of Conduct issued by the Ministry of Commerce, Industry and Tourism through Resolution 3840 of 2009 of the Vice-Ministry of Tourism of the Ministry of Commerce, Industry and Tourism, as well as to the provisions that supplement, add to or reform its content, which can be found here.

SM-TC BRAND COLOMBIA S.A.S. and VISIT SANTA MARTA, in accordance with the provisions of Article 17 of Law 679/2001 and Law 1329 of July 17, 2009, warn USERS that the exploitation and sexual abuse of minors in Colombia is punishable by criminal and administrative sanctions, according to the laws in force.

3.7. General requirements for the purchase of services.

The purchase of the services offered on "The Website" must be made by adults with full contractual capacity. 

During the execution of the plan, tour, excursion or tourist program purchased by the USER, minors must be accompanied by their parents or by a responsible adult duly authorized by their parents.  The responsibility for the care, attention and supervision of minors rests with their parents or the person authorized by them. 

VISIT SANTA MARTA states that it is obligatory to fill in the information requested to make the reservation, prior to the purchase of the plan, tour, excursion or tourist program, in order to guarantee their participation.

For the reservation and purchase of the services offered on "THE SITE", you must follow the instructions that will be displayed on "THE SITE" during the reservation and purchase process.

3.8. Cancellation or modification of services

In the event that the USER modifies or cancels the reservation, VISIT SANTA MARTA will apply the cancellation policies established for each plan, tour, excursion or touristic program or as indicated by the suppliers, taking into account that VISIT SANTA MARTA is essentially an intermediary in the provision of touristic services and the applicable legal regulations. In addition, suppliers may request VISIT SANTA MARTA to apply the policies contained in its General Conditions without prior notice.

3.8.1. Cancellation and/or modification of services by Visit Santa Marta

• In the event that the USER requests the cancellation of a service previously contracted with VISIT SANTA MARTA, he/she will have a maximum of TWENTY FOUR (24) hours to do so, and will be subject to bank and administrative fees.

• If the USER requests the cancellation of a previously contracted service less than TWENTY FOUR (24) hours before the service is to be provided,  a penalty between  30% to 100% of the value of the service will be charged.

• If the services are subject to a minimum number of participants and the USER has been informed of this, VISIT SANTA MARTA may unilaterally cancel the performance of the service if the minimum number of reservations required for the start of the experience has not been confirmed EIGHT (8) days prior to the start of the service.

• In this case, VISIT SANTA MARTA will inform the USER and refund 100% of the amount paid. Notwithstanding the foregoing, VISIT SANTA MARTA may offer USERS the opportunity to make an additional payment to compensate for the low number of participants in order to develop the service as planned. If all USERS do not agree to make the additional payment, they may make a new reservation for another service and pay the value of the original reservation or request a refund of 100% of the amount paid.  VISIT SANTA MARTA is not responsible for any previous expenses incurred by the USER, such as hotels, tickets, transportation, etc. For this reason, it is advisable to take out travel cancellation insurance.

• In the event of force majeure and/or unforeseen circumstances, health reasons, sanitary reasons, situations affecting security or public order, sudden changes in road conditions, cost increases, weather conditions, closure of national parks, reserves or tourist attractions to visits, and other external factors that could limit the services offered, VISIT SANTA MARTA may modify the conditions offered and originally agreed upon, or cancel any of the services offered before or during the trip. In any case of modification, VISIT SANTA MARTA guarantees that the new conditions will maintain the standards originally offered.

• VISIT SANTA MARTA may modify in any way the offers published on the site without prior notice.

• VISIT SANTA MARTA may apply the No Show clause and charge 100% of the contracted value when the USER who contracted the service does not appear for the purchase of the package, plan, tour, excursion or tourist program according to the agreed schedule.

3.8.3 Rescheduling or postponement by Visit Santa Marta

- In the case of rescheduling, the USER must check the availability of the reservation date to change it, at least 24 hours before the service, plan, tour, excursion or tour package is provided, depending on the number of places available on the dates requested. VISIT SANTA MARTA reserves the right to recognize cases of force majeure.

- If the USER requests the postponement of the plan, tour, excursion or package and decides to cancel it less than 24 hours before the service is to be provided, a fee of 100% of the contracted value will be charged.

3.9. Refunds

In the event that VISIT SANTA MARTA has to refund any amount to the USER, the refund will be made within 30 calendar days from the following dates (i) The date on which VISIT SANTA MARTA notifies the cancellation of the plan, tour, excursion or tourist program and has all the bank information to make the refund. Both conditions must be met for the 30-day period to begin counting; (ii) the actual receipt of the communication by which the customer communicates the cancellation and sends the bank information to make the refund. Both conditions must be met for the 30-day period to begin counting.

The money will be transferred to a bank account in Colombia and THE USER will have to bear the cost of the bank transfer, the tax on financial transactions (4 per thousand) or the refund procedure will be applied by reversing the transaction charged to a credit card in accordance with the regulations of the payment gateway ePayco.

3.10. Advance payment for services and payment of the balance

The USER shall pay, through the means provided on the website, an advance payment determined by VISIT SANTA MARTA or the total price as specified for the service in question. Once the advance payment has been made, the USER is obligated to pay the balance within the deadlines established by VISIT SANTA MARTA in order to guarantee his/her participation in the plan, tour, excursion or tourist program.

In all of the above cases, full payment for the SERVICE must always be made before the start of the plan, tour, excursion or touristic program, unless VISIT SANTA MARTA has expressly agreed with the USER to a different deadline.

The purchase of services on the website is subject to the payment of an advance of 50% of the total value of the services contracted, with the balance to be paid at least 8 days before the start of the contracted service, unless the service is to be carried out in a shorter period than indicated, in which case the service must be paid in full prior to its commencement. 

The User is aware that some services are subject to the availability of places, so it is necessary to make a confirmation by VISIT SANTA MARTA before making the payment of the service, also it should be noted that the payment of the advance or the entire service does not guarantee the place, if there is no place available for the selected date, the service may be rescheduled or the amount paid to the USER will be refunded. 

3.11. Services included and prices

The price paid by the USER to VISIT SANTA MARTA MARTA for the plan, tour, excursion or tourist program includes only and exclusively those services expressly referred to within the description made in "the site", which are not understood to be included, the USER shall assume them.  It also does not include personal equipment, personal travel expenses, traffic fines, rental of vehicles and/or equipment other than those expressly indicated in the plan, tour, excursion or tourist program. 

By way of example, the purchase of beverages or food not expressly indicated in the plan, tour, excursion or tourist program; hair styling (braids); massages, beauty services (manicure) offered on beaches; rental of water recreational elements not specified, such as floats, bananas, water bicycles, jet skis and others are not included as expenses.

3.12. Right of withdrawal 

In accordance with the Consumer Code, the USER has the right to withdraw, as it is a transaction provided for in article 47 of Law 1480 of 2011.

-The maximum period for exercising the right of withdrawal is five (5) working days from the date of purchase of the service. 

- The USER is warned that he/she may not exercise the right of withdrawal if the provision of the service has begun with his/her consent or if less than five (5) days elapse between the moment of exercising the right of withdrawal and the date agreed for the commencement of the provision of the service. 

- In the event that the right of withdrawal is exercised, the sums paid shall be refunded, without any kind of discount or retention, within a maximum period of thirty (30) calendar days from the date on which the right is exercised. 

- The procedure established to exercise the right of withdrawal can be consulted in "the site" in the link or link in visitsantamarta.com/pqr and fill out the form.

3.13. Cancellation of payments

In accordance with the provisions of Article 51 of Law 1480 of 2011, when the acquisition of goods or services has been made through electronic commerce mechanisms and for this purpose has been used credit cards, debit cards or any other electronic payment instrument, the reversal of payment will proceed in the following cases

1.When the consumer is the object of fraud.

2.It corresponds to an unsolicited transaction.

3.When the purchased product is not received.

4.When the product delivered does not correspond to what was requested, does not comply with the inherent characteristics or those attributed by the information provided about it.

5.If the product delivered is defective.

THE USER to request the reversal of payment must follow the procedure established in the link visitsantamarta.com/pqr

3.14. Risks

The USER is aware of the risks and consequences that may arise from participating in the plans, tours, excursions or tourist programs offered on the "Website".  In addition to the risks inherent in these activities, some of the activities carried out may be considered high risk, which may result in damages such as, but not limited to: physical, mental or cognitive damages. 

The USER is solely responsible for verifying that his or her physical and health conditions are suitable for participating in plans, tours, excursions, programs or tourist packages that include activities that are physically demanding or require adequate health and medical conditions for such purpose or that require preparation or prior knowledge, such as diving, skydiving, climbing and similar activities.  Medical conditions such as, but not limited to, heart problems, hypertension, diabetes, osteoarthritis, pulmonary or renal insufficiency, and others should be considered by the USER before deciding to participate in activities that require physical exertion, 

VISIT SANTA MARTA reserves the right to limit participation in some plans, tours, excursions, programs or tourist packages due to age or health conditions.

Likewise, there may be risks due to the remoteness of the place where the service is provided, which may prevent timely medical assistance and other services that you may have access to in populated places, as well as situations of insecurity, theft, robbery, among others.

The USER undertakes to act with care and prudence when carrying out the activities included in the plan, tour, excursion or tourist program, in order to avoid risk situations and the possibility of suffering personal injury or causing it to third parties. In particular, the USER undertakes to comply with the rules and instructions provided for carrying out the activities, to use the clothing and equipment recommended, to drink enough water, to comply with the safety measures established for each activity, to use life jackets when on the sea or river, if they are provided, to avoid any acts of horseplay, and to behave properly and avoid any physical aggression towards other participants.  They must also comply with the safety measures established for the means of transportation that may be used. 

Avoid contact with or feeding of animals during the rides.