Terms and Conditions of the use of the visitsantamarta.com website and the service provided by The Visit Santa Marta Travel Agency

Current version 03/31/2021

This document describes the general terms and conditions (hereinafter the "General Terms and Conditions") applicable to the use of the services offered by SANTA MARTA TOURISM CENTER BRAND COLOMBIA S.A.S. ("the Services") within the site www.visitsantamarta.com  "VISIT SANTA MARTA" or "the site" or "the page"). Any person who wishes to access and / or use "the site" or the services offered therein You may do so subject to the General Terms and Conditions contained in this document.

THESE TERMS AND CONDITIONS ARE MANDATORY AND BINDING FOR THE USER. THEREFORE, ANYONE WHO DOES NOT AGREE TO THESE GENERAL TERMS AND CONDITIONS SHALL REFRAIN FROM USING THE SITE AND / OR THE SERVICES.

The User must read, understand and accept all the conditions established in the General Terms and Conditions, review the privacy notice and the Policy for the Treatment of Personal Data, as well as the other documents incorporated in these Terms by reference to which they are do, prior to the use of "the site" or registration as a user thereof. 

This document is structured in three (3) Sections: 1. GENERAL ASPECTS; 2. TERMS AND CONDITIONS FOR THE USE OF THE WEBSITE AND 3. TERMS AND CONDITIONS FOR THE USE OF THE SERVICES OFFERED OR PROVIDED BY VISIT SANTA MARTA AS A TRAVEL AGENCY. 

Section 1: General Aspects

  • 1.1.Visit Santa Marta

VISIT SANTA MARTA is a commercial establishment owned by SANTA MARTA TOURISM CENTER BRAND COLOMBIA S.A.S., a commercial company, with its main address 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. 1.1.2. Capacity

Access to "the site" and the acquisition of the services offered through it must be carried out only by natural or legal persons who have the legal capacity to contract. Natural persons who under Colombian legislation lack the legal capacity to contract, such as, for example, minors or persons who have been legally declared incapable or unfit to contract temporary or definitely. 

If access to the site is made by a legal person, the user must have the capacity in accordance with the statutes and applicable regulations to contract on their behalf and commit the responsibility of the legal person on whose behalf they act.

By accessing "the site" and accepting these terms and conditions, it is presumed that the user has the required capacity in accordance with the aforementioned. 

1.2. NOTICE OF PRIVACY

To use the services offered by VISIT SANTA MARTA, Users must provide certain personal data. For this reason, this Privacy Notice (hereinafter the "Notice") establishes the terms and conditions under which SM-TC BRAND COLOMBIA S.A.S. (responsible for the Treatment), identified with Nit. 901.338.944-8 and with its main address in the city of Santa Marta, will process the personal data of users who register on "the site".

A. TREATMENT AND PURPOSE

The treatment of SM-TC -BRAND COLOMBIA S.A.S. with the personal information will be the following: collect, store, use, circulate, register, manage, report, process, use, evaluate, analyze, confirm, update and delete my personal data with the following purposes: (i) Carry out the pertinent steps for the development of the company's corporate purpose in what has to do with the services it promotes and offers; (ii) Make invitations to events and offer new products and services; (iii) Provide the services offered by SM-TC -BRAND COLOMBIA S.A.S. and contracted by the User and (iv) Provide the information to third parties with whom SM-TC -BRAND COLOMBIA S.A.S. have a contractual relationship and that it is necessary to deliver it for the fulfillment of the contracted object.

In the event that SM-TC BRAND COLOMBIA S.A.S. Should it request any sensitive data, it will do so only and exclusively in those cases in which this information is necessary to prevent risks that may arise from the use of the services offered on "the site", such as, for example, to carry out excursions or experiences tourism whose performance implies not presenting some health conditions that may affect the development of the activity. 

B. RIGHTS OF THE HOLDER:

As the owner of their personal data, the User has the right to: (i) Free access to the data provided that have been processed. (ii) Know, update and rectify your information in the face of partial, inaccurate, incomplete, fractioned, misleading data, or those whose treatment is prohibited or has not been authorized. (iii) Request proof of the authorization granted. (iv) Present before the Superintendency of Industry and Commerce (SIC) complaints for infractions to the provisions of current regulations. (v) Revoke the authorization and / or request the deletion of the data, provided that there is no legal or contractual duty that prevents them from being deleted. (vi) Refrain from answering questions about sensitive data. Answers that deal with sensitive data or data on children and adolescents will be optional. 

C. MECHANISMS TO KNOW THE TREATMENT POLICY

The Holder can access our Personal Data Treatment Policy which is published at www.visitsantamarta.com/politica-de-tratamiento-de-datos-personales/

1.3. COPYRIGHT, INTELLECTUAL PROPERTY AND INDUSTRIAL PROPERTY

SM-TC BRAND COLOMBIA S.A.S. is the owner of this site and has the corresponding authorizations for the use of graphic, audiovisual and photographic material (hereinafter the "content") included therein, as well as the encodings and texts in any format used for the development and operation of " the place"

No User may modify, alter, copy, distribute, retransmit, expose, use, reproduce and / or publish the codes or content of "the site" for purposes other than access to it and the acquisition of services offered therein.

The improper use of the content or codes of "the site" may lead to the initiation of legal actions in accordance with current legislation.  

VISIT SANTA MARTA is a registered trademark. The unauthorized use of the VISIT SANTA MARTA sin previa autorización de SM-TC BRAND COLOMBIA S.A.S. está prohibido, así como a la reproducción de su logo símbolo. Conductas que podrán ser sancionadas de conformidad con la legislación vigente. 

1.4. MODIFICATIONS

VISIT SANTA MARTA may modify these Terms and Conditions at any time by making the modified terms public on the Site. All modified terms will take effect on the date of their publication. Any User who does not agree with the modifications made by VISIT SANTA MARTA may close their account.

1.5. ADDRESS

It is established as the domicile of SM-TC BRAND COLOMBIA S.A.S. y de la agencia de viajes VISIT SANTA MARTA, la Carrera 1 C # 22-19, barrio Bellavista de la ciudad de Santa Marta – Colombia; Teléfono (+57) 310 8720384.

1.6. JURISDICTION AND APPLICABLE LAW

This agreement will be governed in all its points by the laws in force in the Republic of Colombia. Any controversy derived from this agreement, its existence, validity, interpretation, scope or compliance, will be submitted to the applicable laws and to the competent Courts of the City of Santa Marta and the procedures will be carried out in Spanish.

All information provided by Users will be taken as true for tax purposes.

Section 2: Terms and Conditions for the use of the Web

2.1. REGISTRATION

- To access the services offered on "the site" the user must fill out the registration form that is requested. 

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

- The information provided must be updated by the user when modifications are made to it. 

VISIT SANTA MARTA may consider it necessary to use various means to identify its Users or verify the veracity of the information; But, it does NO assume any responsibility for the accuracy of the data and information provided by its Users.Users guarantee and respond, in any case, for the veracity, accuracy, validity and authenticity of the information entered.

VISIT SANTA MARTA reserves the right, in the cases it deems prudent, to request some proof and / or additional data in order to corroborate the information entered by the user, as well as to temporarily or permanently suspend those Users whose data presents inconsistencies. In these cases, the suspension that is carried out will not give the User any right to claim compensation for the inability to use "the site" or access the services offered therein. In these events, the User may send a request to VISIT SANTA MARTA requesting the reactivation of their registration to the email [email protected] prior attention to the instructions or provision of information requested for this purpose.

With the registration in "the site" the User will create a personal account ("Account") by entering a username and security password ("Password") with which they will access the services of "the site". User undertakes to handle his Security Code with due confidentiality VISIT SANTA MARTA does not assume any responsibility for the use that the User makes of the Code.

The Account is personal, unique and non-transferable, and the same User is prohibited from registering or owning more than one Account. In the event that VISIT SANTA MARTA detects differents Accounts that contain matching or related data, it may proceed to suspend, disable or cancel them; or, to request additional information from the User about the reason that motivates the coexistence of several Accounts.

The User will be responsible for all the operations carried out in his Account, as access to it is restricted by the use of his Password, which must be the exclusive knowledge of the User. The User undertakes to notify VISIT SANTA MARTA immediately and by suitable and verifiable means, of any unauthorized use of their Account, as well as the entry by unauthorized third parties to it. 

VISIT SANTA MARTA reserves the right to reject any application for registration or to cancel a previously accepted registration, without being obliged to communicate or state the reasons for its decision and without generating any right to compensation.

The natural person User or the legal person user may not register on the site when they are in one of the following events: (i) Subject to National or International Sanctions to carry out commercial acts or (ii) Located in, constituted in, 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: will be understood as: restrictions or prohibitions on the ability to participate in business and other economic activities with certain countries, regions, people, entities and industrial sectors or any government measure designed to prevent an entity (including natural or legal persons; countries, etc.) to access financial and economic assets in order to counteract and try to reduce behavior that threatens national or international security or contravenes international law. In particular, those who are included in the OFAC (United States Office of Foreign Assets Control) Lists, United Nations (UN) Terrorist Lists, List of Foreign Terrorist Organizations of the United States Department, will be rejected as users or suspended or disabled. State of the United States, and lists of the European Union of organizations and persons classified as terrorists, as well as in any national restrictive list, being prohibited the registration or use of "the site" in the aforementioned territories or sanctioned jurisdictions.

Likewise, VISIT SANTA MARTA may terminate, unilaterally and without prior notice, access to "the site" or the provision of contracted services when: (i) the User has been included in restrictive lists, particularly those previously mentioned.  (ii) The User registers a person included in any of the aforementioned lists; (iii) the competent authorities have convicted the User of conduct related to illicit activities and / or related to money laundering, terrorist financing and / or any of the related crimes dealt with in the Colombian Penal Code and / or the norms that modify, add or reform it; (iv) The User has been sanctioned for conduct related to sex tourism as 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 COOKIES TECHNOLOGY 

"The site" makes use of “cookies", technology, which corresponds to small data files that are generated on the user's computer and that allow the following information to be known:

- The date and time of the last time the user visited "the site".

- The content design that the user chose in his first visit to "the site".

- Security elements involved in controlling access to restricted areas.

However, Users are informed of the possibility of discarding this use in their computer terminal. Through these "cookies" the rest of the users, once registered, can see whether or not they are connected and thus contact you more fluently and quickly.

2.4. INTERRUPTIONS OR FAILURES OF "THE SITE"

VISIT SANTA MARTA is not responsible for damages, losses or loss of information caused to the User due to failures in the system, in the server or on the Internet.

VISIT SANTA MARTA will not be responsible for viruses, malware; spyware that may affect the User's equipment as a result of access or use of "the site" or derived from any transfer of data, files, images, texts, or audio contained therein.

Users may NOT impute any responsibility to VISIT SANTA MARTA or demand payment for lost profits or consequential damages by virtue of damages resulting from technical difficulties or failures in the systems or on the Internet.

VISIT SANTA MARTA does not guarantee continued or uninterrupted access and use of "the site". The system may eventually be unavailable due to technical difficulties or Internet failures, or for any other circumstance beyond VISIT SANTA MARTA; In such cases, an attempt will be made to restore it as soon as possible without any liability arising or imputed VISIT SANTA MARTA from these situations. 

VISIT SANTA MARTA will not be responsible for any errors or omissions contained in its website.

2.5. PAYMENTS

The User who purchases services offered on "the site" will only make their payments through the ePayco payment gateway or platform.

The ePayco terms and conditions 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.

TheUser understands and accepts that the invoice for the service acquired on "the site" may be issued by SM-TC BRAND COLOMBIA when it is provided directly by this company or may be issued by another provider of tourist services when SM-TC BRAND COLOMBIA acts only As an intermediary and the service provider, also use the ePayco payment gateway or platform. 

2.6. SECURITY CONTINGENCIES 

The acquisition of services and the realization of payments through technological platforms can give rise to contingencies derived from third parties that seek illegally or fraudulently to access user data. Therefore, Users are recommended to attend the following security measures:

- Access "the site" from private non-public networks such as those located in shopping centers; airports or public space.

- Keep and handle with due confidentiality the password to access "the site"

- Do not respond to emails in which VISIT SANTA MARTA asks you to provide your access code by said means; details of your credit card or security code. If you receive an email of this type, before responding, please contact VISIT SANTA MARTA

- The user must refrain from attending or answering emails that are suspicious since they can be deceived by means of emails or through DNS servers that induce them to visit a fake site that presents the same design, but where the card data is loaded in the fake system, stealing information from the credit card holder.

- It can be presented that the computer where the user is carrying out the transaction, has installed without prior knowledge of the user any spyware or malicious software that captures everything typed by the keyboard or captures information from input devices and is sent to a network or host In Internet. Therefore, it is recommended as far as possible that the transaction be carried out on the home or office computer.

- Impersonation of the user could be presented or that the user denies having sent and / or received the transaction and it is used by a third party.

- The User is recommended to carry out transactions only through secure networks and from a computer that has updated antivirus and the appropriate security measures to protect the information. 

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

3.1. SERVICES OFFERED THROUGH "THE SITE"

VISIT SANTA MARTA is authorized to offer tourist services as a travel and tourism agency and wholesale travel agency in the terms indicated in article 85 of Law 300 of 1996 and in the Sole Regulatory Decree of the Commerce, Industry and Tourism Sector 1074 of 2015 , article 2.2.4.3.1.1. and following, as well as the regulations that modify, add or reform them. 

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

SM-TC BRAND COLOMBIA S.A.S. Through WWW.VISITSANTAMARTA.COM  offer 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 commercialization and / or provision of the service; strategic ally; participant or any form of contracting and / or collaboration that becomes established in VISIT SANTA MARTA and the THIRD service provider. 

2.  Services marketed and operated by VISIT SANTA MARTA.In these cases, VISIT SANTA MARTA may exclusively provide the service or link third parties for this purpose.

3. VISIT SANTA MARTA may have general offers of tourist services that are unchangeable by the User and with offers made based on their specific requirements (specific offers). In case of doubt about the scope or content of an offer or the possibilities of modifying it, contact VISIT SANTA MARTA.  

For these purposes, the following guidelines are established: 

  • A. THIRD PARTY services offered by VISIT SANTA MARTA are unchangeable, unless expressly stated otherwise. 
  • B. The services offered and operated by VISIT SANTA MARTA that are offered in general are unchangeable, unless expressly indicated otherwise.
  • C. The specific or particular offers understood as those that are designed for a User attending to their particular requirements may be modified in the terms that are determined for that purpose in the quote or offer that is presented to them. If nothing is indicated in this regard, it will be understood that the offer is unchangeable.

3.2. DEFINITIONS 

For the purposes of this Section, the words that are defined in the tourism legislation will be understood in that sense. The terms of use in the tourist activity that are not defined in Colombian legislation will be understood in the sense given by the World Tourism Organization in its glossary or in the definition of the Royal Academy of the Language, in the absence of a legal definition or technique. 

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

3.3. LIABILITY CLAUSE

In accordance with the provisions of article 2.2.4.3.2.4. of Decree 1074 of 2015 (corresponding to article 3 of Decree 2438 of 2010) the services, plans or tourist packages operated by VISIT SANTA MARTA are subject to the liability clause contained in this document:

1. The services, plans or tourist packages operated by THIRD PARTIES and marketed by VISIT SANTA MARTA will be governed mainly by the terms and conditions and liability clause that the third operator has provided; and, in subsidy, by the provisions of this document. 

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 travel agency does not assume any responsibility for goods or services not included or not mentioned in the content of the plan, tour, excursion, program or tourist package contracted 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 accidents when transport is carried out by land, the USER will be subject to the terms and conditions established by the provider of said service and to the corresponding legislation. The provision of the transport service in any of its modalities is governed by the legal regulations applicable to it. 

5. VISIT SANTA MARTA the organizer or operator or intermediary of the plan, tour, excursion, program or tourist package declare that they act as intermediaries in the provision of tourist services and therefore do not assume any responsibility for accidents, strikes, riots, earthquakes, hurricanes , climatic or natural phenomena, security conditions, political factors, health issues, delays or overselling and any other event that may occur before or during the execution of the plan, tour, excursion, program or tourist package, regardless of whether these events are caused by force majeure or fortuitous event or fault of the providers. Likewise, they do not assume any responsibility for damages that the USER may suffer in his person or in his property during the realization of the plan, tour, excursion, program or tourist package.

6. In the event that any of the circumstances described in the previous paragraph occurs during the implementation of the VISIT SANTA MARTA,  plan, tour, excursion, program or tourist package, the organizer or operator or intermediary reserves the right to make the changes. necessary in itineraries, dates, establishments, transporters and other services to ensure the provision of tourist services, always using the liability clauses of each supplier.      

7. VISIT SANTA MARTA reserves the prerogative to modify the itinerary or the services offered, by others of the same or superior category when said changes benefit the quality and / or safety of the plan, tour, excursion, program or tourist package.

8. In the event that the user due to illness or force majeure is forced to suspend the contracted tourist services once the provision of the service has begun, they will have the right to reimbursement of the services not enjoyed, except for expenses that have actually been caused or are caused later. For reasons of cancellation, as long as the health problems have not been generated as a result of the recklessness or negligence of the USER or the disregard of the regulations or measures required for the practice of some activities included in the plan, tour, excursion, tour program or package.

9. The User must present the documentation required by the authorities (citizenship card for adults and civil registration of birth or identity card or the document that takes its place for minors). The omission of this requirement exonerates VISIT SANTA MARTA. of any economic claim presented by the person involved in the incidents that such conduct may generate from the point of view of carrying out the tourism plan.

10. For some plans, tours, excursions, programs or tourist packages, USERS must carry a vaccination card. Additionally, for some plans, tours, excursions, programs or tourist packages, medical examinations or special certifications may be required for certain activities; such as, for example, PADI (Professional Association of Diving Instructors) certifications for the Diving activity. 

11. VISIT SANTA MARTA , the organizer or operator or intermediary of the plan, tour, excursion, program or tourist package reserves the right to withdraw from them who, due to a serious cause, duly proven, whether of a moral or disciplinary nature, threatens the success Of the same.

12. VISIT SANTA MARTA , the organizer or operator or intermediary of the plan, tour, excursion, program or tourist package does not assume any responsibility for legal matters or other inconveniences in which a USER may be involved in the event that he is forced to withdraw from the plan, tour, excursion, program or tourist package for moral, disciplinary or legal faults or for personal expenses that the user may incur for this cause.

13. VISIT SANTA MARTA , the organizer or operator or intermediary of the plan, tour, excursion, program or tourist package does not assume any responsibility for loss or damage suffered by the User's luggage or personal effects during the trip. Luggage and any other object that users carry with them are under their custody and responsibility. 

3.4. REFUND

The reimbursement policies for services not provided due to situations of force majeure or fortuitous event, action or omission of third parties or the passenger, not attributable to the travel agency, before or during the trip, which may be subject to return, will be defined by each operator and they will be confirmed to the User once the travel documents are reserved and issued, as well as the percentages of penalties or deductions that may arise. VISIT SANTA MARTA is not jointly and severally liable for the amounts requested in reimbursement.

Any reimbursements will be made within 30 CALENDAR DAYS following the request. However, if the process takes longer for reasons beyond the control of VISIT SANTA MARTA., it will not recognize interest on the amounts to be reimbursed. The percentage of reimbursement will depend on the conditions of the provider and the administration costs of the agency.

3.5. VISIT SANTA MARTA AS AN INTERMEDIARY

When VISIT SANTA MARTA acts as a marketer of a service offered by a third party, it will be responsible to the USER for:(i) guaranteeing the existence and provision of the service based on the information published on "the site" based on the information provided by the THIRD to VISIT SANTA MARTA; (ii) to transmit to the USER, in a clear, concise and complete manner, the relevant information so that he knows the characteristics of the service (s) to be operated by the third party provider and of whichVISIT SANTA MARTA presumes its veracity; (iii) Receive and process any complaint or claim that THE USER presents towards the third party; (iv) attend and resolve any doubts of the USER related to the provision of the service. 

VISIT SANTA MARTA will not be responsible for any falsehood or inaccuracy in the information provided by the third party provider or for any incident of any kind that occurs in the provision of the service. 

3.6. COMMERCIAL SEXUAL EXPLOITATION OF CHILDREN, GIRLS AND ADOLESCENTS (CSECGA)  

VISIT SANTA MARTA is committed against the commercial sexual exploitation of children and adolescents (CSECGA) 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 and provisions that complement, add or reform it, the content of which can be consulted at here.

In development of the provisions of article 17 of Law 679/2001 and Law 1329 of July 17/2009, SM-TC BRAND COLOMBIA S.A.S. and VISIT SANTA MARTA warn USERS that the sexual exploitation and abuse of minors in Colombia are criminally and administratively sanctioned, in accordance with current laws.

3.7. GENERAL REQUIREMENTS FOR THE ACQUISITION OF SERVICES.

The acquisition of services offered on "the site" must be made by adults with full contracting capacity. 

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

VISIT SANTA MARTA stipulates as a mandatory requirement the fill out of the information requested to make the reservation, prior to the purchase of the plan, tour, excursion or tourist program to guarantee your participation.

For the reservation and acquisition of services offered on "the site", the instructions that will be displayed on "the site" should be followed as the reservation and purchase process progresses. 

3.8. CANCELLATION OR RE-SCHEDULING

In case of any modification or cancellation of the reservation by the USER, VISIT SANTA MARTA will apply the cancellation rules defined for each of the plans, tours, excursions or tourist programs or that indicated by the providers, with the understanding that VISIT SANTA MARTA is in essence an intermediary in the provision of tourist services and the current legal regulations on the matter.

3.8.1. CANCELLATION AND / OR MODIFICATIONS OF THE SERVICES BY VISIT SANTA MARTA.

  • In the case the USER requests the cancellation of a service previously contracted with VISIT SANTA MARTA they will have a maximum period of TWENTY-FOUR (24) hours to carry it out and bank and administrative surcharges will be applied.
  • If the USER requests the cancellation of a previously contracted service less than TWENTY FOUR (24) hours before the service is rendered, a surcharge equivalent to 30 % of the value of the service will be charged.
  • When the services are subject to a minimum number of participants and the USER has been informed of this and even with EIGHT (8) days remaining until the beginning of the service, the minimum number of reservations required for the beginning of the experience has not been confirmed, VISIT SANTA MARTA may unilaterally cancel the service.
  • In this case, VISIT SANTA MARTA will inform the USER and will refund 100% of the amount paid. Notwithstanding the foregoing, VISIT SANTA MARTA may offer USERS the option of making an additional payment to compensate for the low number of participants to develop the service as planned. If there is no agreement of all the USERS to make the additional payment, a new reservation can be made in a different service, paying the value of the initial reservation or request a refund of 100% paid. VISIT SANTA MARTA will not be responsible for any previous cost assumed by THE USER such as hotels, tickets, transportation, etc. Therefore, it is recommended to establish trip cancellation insurance.   
  • In a situation that is considered as force majeure and / or fortuitous event; health reasons; sanitary contingencies; situations that affect security or public order; sudden alteration of the state of the roads; increased costs; weather conditions; closure of National Parks, Reservations or tourist attractions to visit and other external factors that could limit the services offered, VISIT SANTA MARTA may modify the conditions offered and initially agreed, or, may cancel any of the services offered before the start of the trip or during the same events that are not considered a breach of VISIT SANTA MARTA.  En todo caso de modificación VISIT SANTA MARTA. In any case of modification, VISIT SANTA MARTA guarantees that the new conditions will maintain the standards initially offered.
  • VISIT SANTA MARTA may modify in any way the offers published on "the site" without prior notice.

3.8.2 NO SHOW BY VISIT SANTA MARTA

VISIT SANTA MARTA may apply the No Show clause and charge 100% of the contracted amount in the following cases:

- When the USER who contracted the service does not show up for the purchase of the package, plan, tour, excursion or tourist program according to the stipulated schedule.

3.8.3 REPROGRAMING OR RESCHEDULING BY VISIT SANTA MARTA

- In case of rescheduling, the USER must consult the availability to modify the reservation date with a minimum of 24 hours prior to the provision of the service, plan, tour, excursion or package tour, which will be subject to the number of spaces available on the dates required. VISIT SANTA MARTA reserves the right to recognize reasonsof force majeure.

- Once the USER has requested to reschedule the plan, tour, excursion or tourist package and decides to cancel it in a time less than 24 hours before the service is rendered, a charge of 100% of the contracted amount will be applied.

3.9. REFUNDS

In any of the cases in whichVISIT SANTA MARTA must return a sum of money to THE USER, the return of the corresponding money will be made within 30 calendar days following: (i) The day that VISIT SANTA MARTA communicates the cancellation of the plan, tour, excursion or tourist program and have all the bank information to make the return. Both conditions must be met for the 30-day term to start counting; (ii) the effective receipt of the communication by which the client communicates the cancellation and sends the bank information to make the return. Both conditions must be met for the 30 day term to start counting.

The money will be transferred to a bank account in Colombia and THE USER must assume the costs of the bank transfer, the tax on financial movements (4 per thousand) or the refund procedure will be applied by reversal of the operation carried out against a credit card in accordance with the ePayco payment gateway regulations

3.10. VALUE OF THE ADVANCE SERVICE AND PAYMENT OF THE BALANCE

The USER will pay through the means enabled in "the site" an advance determined by VISIT SANTA MARTA or the total price, as available for the respective service. Once the advance payment has been made, the USER will be obliged to pay the outstanding balance within the deadlines indicated by VISIT SANTA MARTA to guarantee their participation in the plan, tour, excursion or tourist program.

In all the cases raised, the total payment of the SERVICE must always be canceled before starting the plan, tour, excursion or tourist program, unless VISIT SANTA MARTA has expressly agreed a different term with the USER.

The acquisition of services in "the site" requires the payment of the advance that, in principle, is 50% of the total value of the services and contracted and the balance must be paid at least 8 days before the start of the provision of the contracted service, Unless the service is going to be executed in a shorter period than the indicated case in which the service must be completely canceled before starting its execution.  

The User understands that some services are subject to availability of space which is why a confirmation of the availability of the service is required by VISIT SANTA MARTA and the payment of the advance or of the entire service does not guarantee the capacity, if not If there is space available for the selected date, the service may be rescheduled or the amount paid to the USER may be returned. 

3.11. INCLUSIONS IN PRICES OF SERVICES

The price paid by THE USER to VISIT SANTA MARTA for the plan, tour, excursion or tourist program, will comprise only and exclusively those services expressly related within the description made in "the site" are not understood to be included and THE USER must assume them. Nor will it include personal implements, 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 acquisition of beverages or food not expressly indicated in the plan, tour, excursion or tourist program is cited as expenses not included; performing hairstyles (braids); massages, beauty services (manicures) offered on beaches; the rental of non-specified aquatic entertainment items such as floats; banana, water bikes, jet sky and others.  

3.12. RIGHT OF WITHDRAWAL 

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

-The maximum term to exercise the right of withdrawal will be five (5) business days from the acquisition of the service.

- The USER is warned that he will not be able to exercise the right of withdrawal when the service has begun to be provided with his consent or when between the moment in which the right of withdrawal is exercised and the date agreed for the beginning of the provision of the service by less five (5) days

- In the event of exercising the right of withdrawal, the money that had been paid will be refunded without any type of discount or withholding, in a term not greater than thirty (30) calendar days, counted from the moment in which the right is exercised.

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

3.13. PAYMENT REVERSION

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, credit, debit cards or any other Another electronic payment instrument will reverse the payment in the following events:

1. When the consumer is subject to fraud.

2. When it corresponds to an unsolicited operation.

3. When the purchased product is not received.

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

5. When the delivered product is found to be defective.

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

3.14. RISKS

THE USER knows the risks and consequences that may arise from participating in the plans, tours, excursions or tourist programs offered on "the site". In addition to the risks inherent to these activities, there are risks inherent to some of the activities that will be carried out that can be considered high risk from which damages such as, but not limited to: physical, mental or cognitive damages can be derived. 

The USER will be solely responsible for verifying that their physical and health conditions are suitable for their participation in plans, tours, excursions, programs or tourist packages that include activities that imply physical demands or require adequate health and medical conditions for this purpose or that require preparation or previously obtained knowledge, such as diving, skydiving, climbing and similar activities. Medical conditions such as, but not limited to, heart problems, hypertension, diabetes, osteoarthritis, lung or kidney failure and others must be considered by the USER before defining their participation in activities that require physical effort. 

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 derived from the remote location in which the service is executed and that prevent timely medical assistance and other benefits to which there is access in populated places, there may also be situations of insecurity, theft, robbery, among others.

THE USER undertakes to act diligently and prudently in the execution of the activities included in the plan, tour, excursion or tourist program to avoid risk situations and the possibility of suffering personal injuries or causing them to third parties. In particular, the USER undertakes to follow the rules and instructions given to him for the execution of the activities; use suggested clothing and items; hydrate adequately; abide by the security measures established for each activity; use a life jacket in maritime or river movements when it is provided; avoid acts of boorishness as well as to observe appropriate behavior and avoid any physical aggression with the other participants. Likewise, it is obliged to comply with the security measures imposed on the means of transport that are used. 

Avoid contact or feeding animals during tours.

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