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OVERVIEW

EVERYTHING CARTAGENA is a company legally operating in Colombia, that, for all purposes of this relationship, will be called THE COMPANY. The user/s who makes use of the tourist service offered through the WEB SITE for its tourist plan in addition to hospitality services, product purchases, or addition to services not mentioned herein, will be called for the purposes of this relationship, THE USER/S, who has agreed to enter into this tourist services contract at will, which will be governed by the following clauses:

PURPOSE

By means of this contract THE USER/S freely, spontaneously, and at will buys a tourist plan or package, hospitality service, product/s, or services not mentioned herein through the EVERYTHING CARTAGENA WEB PAGE (EverythingCartagena.com) that THE USER/S can put together to their liking according to the services promoted therein. THE COMPANY will provide or officiate the services of guidance, accompaniment, and intermediation for the acquisition of the tourist package and other services or products that are promoted on the website according to the terms and conditions in this contract.

SCOPE OF THE SERVICES OFFERED TO THE USER BY EVERYTHINGCARTAGENA.COM

  1. Deliver to THE USER/S a voucher that specifies the contracted services purchased.
  2. Provide complete information on the services requested by THE USER/S accurately indicating the necessary information for services or products.
  3. Inform the user of the authority of the trip organizer to make changes to the contracted tourist plan or service in events of force majeure or non-fortuitous events, without requiring user acceptance.
  4. Inform and advise THE USER/S about the conditions of their reservations and about their obligations.
  5. Inform and advise THE USER/S on preventive security measures for travel.
  6. Provide translation service from English to Spanish and Spanish to English for THE USER/S.
  7. Contract or mediate the provision of tourist services in Colombia only with companies that comply with their obligations to the Registro Nacional de Turismo when applicable.
  8. Ensure compliance with the contracted services.

NOTICE: The services provided by EVERYTHING CARTAGENA do not include medical assistance insurance.

METHOD OF PAYMENT

Payments are made in advance at the time of purchasing the tourist services promoted on the agency’s website through the STRIPE platform that accepts all major credit and debit cards. The system will send USER/S a voucher with a QR code, which must be presented to each provider of the purchased service for scanning.

NOTICE: In the event that THE USER/S cannot appear for any of the plans and/or services contracted for a duly justified reason, THE USER/S must notify THE COMPANY within 48 hours in advance of the plan and/or service schedule date and time in order to reschedule the plan and/or service. This communication must be sent to THE COMPANY either through the WEB SITE or WhatsApp app. In the event that THE USER/S does not show up, 100% of the fee paid or any deposit will be forfeited. Rescheduling the service with or without cost will be based on the policies of the service provider. THE COMPANY assumes no responsibility in the event that the competent authorities prevent THE USER/S from entering Colombia. If entry into Colombia is denied, THE USER/S to whom this happens will be entitled future credit of the value of tourist services not enjoyed as long as the COMPANY receives notice of proposed cancellation no less than 48 hours prior to scheduled service or activity.

THE SUPPLIERS have the power to withdraw their plans and services provided to anyone who, due to a serious lack of moral and/or disciplinary character, violates the safety and/or tranquility of the trip, or conducts other disturbance/s. THE USER/S assumes the additional costs derived from their conduct.

In compliance with article 3 of Decree 2438 of 2010, the parties expressly state that EVERYTHING CARTAGENA has no responsibility whatsoever to THE USER/S for air or land transport service or, in general, the services provided by THE SERVICE PROVIDERS. The presentation of such services is governed by the legal regulations applicable to the air transport industry. Events such as delays or unforeseen changes in flight schedules arranged by airlines, user rights, and procedures to make effective monetary refunds that these events give rise to, will be governed by the relevant legal provisions and in particular by those contained in the Colombian Aeronautical Regulations (RAC).

DECLARATION OF FUNDS

THE USER/S declares and guarantees that the funds with which THE USER/S will pay correspond to monies obtained in lawful, legitimate, and legal operations, without violating the regulations contained in laws 190 of 1995, 599 of 2000, and 1708 of 2014, and other regulations that modify, complement or add to them. It also declares that said funds have not been used by it, its partners or shareholders, dependents or tenants, etc., as means or instruments necessary to carry out illicit, illegitimate or illegal conduct.

AUTHORIZATION FOR THE PROCESSING OF PERSONAL DATA

n accordance with the General Law of Protection of Personal Data (Law 1581 of 2012), THE USER/S, through this contract, also authorizes THE COMPANY to process all personal data provided in the development of the present contractual relationship during the entire duration of the contract and after the relationship has ended as long as there is a legal or contractual duty on the part of THE COMPANY.

The personal data that is captured through this document, exchanged emails, telephone calls, and website data in the development of the contractual relationship, its subsequent treatment, and use have as main purposes (i) to advise you on issues related to the services offered by THE COMPANY and that have been consulted and/or requested by you; (ii) have constant communication about the services provided by THE COMPANY; (iii) carry out the administrative and/or accounting procedures related to the contracting of services such as billing, collections and payments; (iv) send proposals for services and invitations to events of THE COMPANY or its allies, partners or associates; (v) carry out activities aimed at customer loyalty, including and without limitation communications of discounts, newsletter, gifts, promotions; (vi) receive and process petitions, complaints, and claims; (vii) carry out satisfaction surveys (viii) transmit your personal data to THE COMPANY so that it can have constant communication about the services they provide. You may exercise your rights to know, update, rectify, delete and revoke the authorization granted for the treatment of your personal information in accordance with article 15 of the Political Constitution, Statutory Law 1581 of 2012 and Decree 1377 of 2013.

In the development and execution of the contract, it may be necessary to process sensitive information for which you expressly authorize treatment under the terms of any and all current legislation, and these may be transmitted to the contractors and/or supplier of THE COMPANY for the effective fulfillment of the procedures and/or programs, plans, packages or contracted benefits. To request the updating, correction, or deletion of personal data, you know and understand that you must contact THE COMPANY at email Service@EverythingCartagena.com, or by phone in accordance with the Data Processing Policy that can be found on the website at EverythingCartagena.com.

DUTY OF WARNING

Established in article 17 of Law 679 of 2001, THE COMPANY, as the Tourist Representation Office, informs THE USER/S about the prohibition in Colombia regarding sexual exploitation, pornography, and tourism associated with sexual practices with minors. If the benefits of this plan are used for such purposes, THE COMPANY will be empowered to suspend the benefits of membership immediately without being obliged to make refunds.

SEVER-ABILITY OF CONTRACT

Any clause, numeral, literal or paragraph of this contract that is unenforceable or illegal will not be applicable for the purpose that was stipulated, without thereby affecting the validity of the other provisions of this document.

ABSENCE OF LIABILITY

EVERYTHING CARTAGENA is exonerated from the responsibility that may be generated by unforeseen events such as:

 

  1. Closure of airports, changes, delays or cancellation of flights, natural or meteorological phenomena, or acts of God.
  2. Any and all accidents, losses, or damages suffered by THE USER/S made by the airline/s, the chosen hotel/s, and/or service providers.
  3. Loss, damage and/or theft of luggage, clothing, jewelry, accessories, cell phones, video cameras, photo cameras, glasses, personal electronics, money in any kind of currency, and in general any kind of property that THE USER/S carries.
  4. Circumstances of force majeure or non-fortuitous event that alter the normal development of the presentation of the contracted tourist services.
  5. For reasons that are not directly attributable to EVERYTHING CARTAGENA.
  6. The decisions that police authorities and/or the competent authorities of Colombia, and/or the aeronautical and airport authorities, that vary the normal development of the contracted activities may take.
  7. The inconveniences of a legal nature and in general any type of inconvenience in which THE USER/S may be involved individually and/or in groups, nor personal expenses that THE USER/ S incur for such reasons, nor due to the need to advance or delay THE USER/S trip, which will be the responsibility of THE USER/S or their legal representatives.

DUTIES OF THE USER/S

THE USER/S, at the time of purchasing any tourist plan, is responsible for the following duties:

  1. Register on the website and fill in the required data.
  2. Keep receipts of payment and purchase vouchers of tourist services acquired to be redeemed with suppliers.
  3. Comply with the departure/s and return/s scheduled by THE COMPANY or provider providing the service.
  4. Abide by the safety and behavior standards established by each provider.
  5. Abide by and comply with the standards of Colombian law that are issued by the National Police or any competent authority.

CONFLICT RESOLUTION

This CONTRACT will be governed by Colombian Law with contractual domicile in the city of Cartagena. Any conflict or dispute that arises in connection with this CONTRACT must be resolved by the parties initially through direct contact, for which the user must send a written request to: Service@EverythingCartagena.com

By accepting, THE USER/S declares to have read and accepted this contract and the attached documents. THE USER/S recognize all the stipulations agreed by them so that no verbal or written agreement different from this one will have legal effects between them.

MISCELLANEOUS

The failure of EVERYTHING CARTAGENA to exercise or enforce any right or provision of this Terms of Service shall not constitute a waiver of such right or provision.

These terms shall be governed by and construed in accordance with the laws of the United States of America and Colombia, without giving effect to any principles of conflicts of law.

If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
Recognizing the global nature of the internet, you agree to comply with all local rules regarding online conduct and acceptable materials. Specifically, you agree to comply with all applicable laws regarding the transmission of technical or other data exported from the United States or the country in which you reside. EVERYTHING CARTAGENA reserves the right to change, modify, add or delete portions of this Terms of Use at any time.

By using/viewing this site you verify that you comply with these terms.

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