These Terms and Conditions constitute a legally binding contract binding between you (hereinafter THE USER) and Cartagena Expeditions S.A.S., simplified joint stock company duly constituted in accordance with the laws of the Republic of Colombia (hereinafter Cartagena Expeditions S.A.S), where regulates the legal and commercial relationship between THE USER (of applications or any Cartagena Expeditions S.A.S Platform including any subdomain of the same, as well as of any other website through the which Cartagena Expeditions S.A.S makes its services available to third parties) and Cartagena Expeditions S.A.S. Therefore, we invite you to carefully read these Terms and Conditions, since they contain obligations, rights and resources, that when using the boats, services or experiences nautical through the applications, web pages, platforms and/or digital tools owned or managed by Cartagena Expeditions S.A.S, you agree to comply and accept. These “Terms and conditions of use” will be effective as of October 21, 2020.
In consideration of the foregoing, THE USER when using and linking to the Cartagena Expeditions S.A.S platform in order to acquire, rent boats, services or nautical experiences undertakes to comply with and accept the following
SECOND. Purpose. These terms and conditions regulate the legal relationship between THE USER, the Suppliers and Owners of Nautical Vessels and Cartagena Expeditions S.A.S, in relation to the provision of the services offered by Cartagena Expeditions S.A.S and the providers. In order that THE USER can specify a contractual link directly with the suppliers, a link in which Cartagena Expeditions S.A.S does not have no participation. Likewise, and once the 3 direct contractual link between THE USER and the provider, Cartagena Expeditions S.A.S is expressly authorized by THE USER to collect (using of any means or payment platform through the Cartagena Expeditions S.A.S) the money corresponding to the payment of the value of said or said reserves, to make the corresponding payment of said sums to the suppliers, after the provision and verification of the service, within the framework of what is established in the Terms and Conditions for Providers. These Terms and Conditions seek to regulate the use suitable for boats and the practice of water sports; What the possible risks and care that THE USER must have before and during the travel experience.
THIRD. Use of Platforms and Services ForUsers. Cartagena Expeditions S.A.S grants THE USER a limited license, revocable, non-exclusive, non-transferable, for him to perform, download, use, access, view for free the application(s) for cell phones, tablets and other smart devices, Website, digital tools, and any content made available disposition in or through them.
FOURTH. Validity. The agreement signed between THE USER and Cartagena Expeditions S.A.S will be valid for thirty (30) days, after the which will be renewed automatically and continuously for successive terms thirty (30) days until the moment in which THE USER or Cartagena Expeditions S.A.S terminate the contract in accordance with this provision.
FIFTH. Registration process of THE USER. For use the services and platforms provided by or owned of Cartagena Expeditions S.A.S, you must be at least 18 years old or be a company, organization or other entity legally organized and in force that comply with the laws of the country in which it is established in order to sign contracts. In order to proceed with the registration as of USER before the Cartagena Expeditions S.A.S, it will be necessary to complete the process which is described below: 1. Supply of information. This stage of the process is carried out through the completion by THE USER of the “User registration form”, which requires the provision of personal data (such as name, identification number, telephone, email, among others) so that with this they can make and carry out the reservation(s) of boats, services and nautical experiences through the Cartagena Expeditions S.A.S. 2. Linking of THE USER. Once the “User registration form”, these must be accepted Terms and conditions either by checking the corresponding box provided by the Cartagena Expeditions S.A.S for this purpose, or through the physical subscription of this document by THE USER. Automatically Cartagena Expeditions S.A.S will send a verification email and account authentication, which will be necessary to approve the linking THE USER to the Cartagena Expeditions S.A.S. 3. Confirmation of registration. Once you have completed the steps previously described THE USER will receive an email through which the Cartagena Expeditions S.A.S Platform will validate your registration and you will be able to enjoy all the services provided by Cartagena Expeditions S.A.S. All data supplied by THE USER will be treated under the Policy of Privacy and data processing of Cartagena Expeditions S.A.S.
FIFTH. Registration process of THE USER. For use the services and platforms provided by or owned of Cartagena Expeditions S.A.S, you must be at least 18 years old or be a company, organization or other entity legally organized and in force that comply with the laws of the country in which it is established in order to sign contracts. In order to proceed with the registration as of USER before the Cartagena Expeditions S.A.S, it will be necessary to complete the process which is described below: 1. Supply of information. This stage of the process is carried out through the completion by THE USER of the “User registration form”, which requires the provision of personal data (such as name, identification number, telephone, email, among others) so that with this they can make and carry out the reservation(s) of boats, services and nautical experiences through the Cartagena Expeditions S.A.S. 2. Linking of THE USER. Once the “User registration form”, these must be accepted Terms and conditions either by checking the corresponding box provided by the Cartagena Expeditions S.A.S for this purpose, or through the physical subscription of this document by THE USER. Automatically Cartagena Expeditions S.A.S will send a verification email and account authentication, which will be necessary to approve the linking THE USER to the Cartagena Expeditions S.A.S Platform. 3. Confirmation of registration. Once you have completed the steps previously described THE USER will receive an email through which the Cartagena Expeditions S.A.S Platform will validate your registration and you will be able to enjoy all the services provided by Cartagena Expeditions S.A.S. All data supplied by THE USER will be treated under the Policy of Privacy and data processing of Cartagena Expeditions S.A.S.
FIRST PARAGRAPH. If you register an Account in the Cartagena Expeditions S.A.S platforms for a company, organization, or other person legal entity, you must declare and guarantee that you have the power to legally bind said entity and grant us all the permissions and licenses set forth in these Terms.
SECOND PARAGRAPH. In order to maintain the transparency in all operations carried out through the Cartagena Expeditions S.A.S platform and to prevent fraud, Cartagena Expeditions S.A.S may: (i) Request THE USER to provide personal data, and submit said information to additional checks designed to verify the identity or background of THE USER, for which the latter authorizes expressly to Cartagena Expeditions S.A.S with the acceptance and/or subscription of the these Terms and Conditions; (ii) Compare the information provided by THE USER, with third-party databases and other sources, in order to obtain reports from public records or from judicial record of THE USER.
SIXTH. Access to the Cartagena Expeditions S.A.S Platform. Cartagena Expeditions S.A.S may subject the access and use of the Cartagena Expeditions S.A.S Platform, or certain areas or functions of the same, to certain conditions or requirements to THE USER. The access and use of certain areas and functions of the Cartagena Expeditions S.A.S Platform may be subject to policies, regulations or independent guidelines, or they may need THE USER to accept additional terms and conditions before you can access the areas or relevant characteristics of the Cartagena Expeditions S.A.S. If there is any conflict between these Terms and Conditions, and the terms and conditions applicable to a specific area or function of the Platform Cartagena Expeditions S.A.S, the latest terms and conditions will prevail with respect to your access or use of that area or function, unless otherwise indicated contrary in the latest terms and conditions.
ELEVENTH. Special prohibitions for THE USER regarding intellectual property. THE USER within the framework of the rights derived from the regime of intellectual property, undertakes NOT to carry out the conduct described below: 1. Remove, alter, obscure any markings or copyright, trademark, or service mark sign or other proprietary rights notices contained in or accompanying the Cartagena Expeditions S.A.S Platform, the Cartagena Expeditions S.A.S Content or the Content of Providers. 2. Use, copy, adapt, modify, prepare works derivatives, distribute, license, sell, transfer, display publicly, publicly perform, transmit, broadcast or exploit in any other way the Cartagena Expeditions S.A.S Platform or the content of third parties, except to the extent that THE USER is the owner legal of certain Content of THE USER or in accordance with what is expressly permitted in these Terms and Conditions; 3. Use the Cartagena Expeditions S.A.S Platform or the content of third parties in any way that entail a risk of damage, disablement of the application or the content or third parties; 4. Suppress, circumvent or manipulate the right of author and other data identifying the copyright incorporated into the Cartagena Expeditions S.A.S Content and the content of third parties, as well such as technical protection devices, or any mechanisms of information that they may have; 5. Use the Platform Cartagena Expeditions S.A.S or the content of third parties and, in particular, the information of any class obtained through the Cartagena Expeditions S.A.S Platform to distribute, transmit, forward, modify, report the advertising or Content of Cartagena Expeditions S.A.S or third parties for the purpose of direct sale or with any other kind of commercial purpose, unsolicited messages addressed to a plurality of people regardless of their purpose, as well as market or disclose in any way said information.
FIFTEENTH. Reservation cancellation modalities. Cartagena Expeditions S.A.S makes available to THE USER the following modes of cancellation of reservations, which will be reflected in the announcements or offers of Boats and Services of the Platforms of Cartagena Expeditions S.A.S, so that THE USER takes advantage of the one that best suits to her needs at the time of carrying out the reserve and the use of the service: 1. Flexible. In the event that that THE USER has chosen an advertisement or offer with this modality. Yes Either party (the provider or THE USER) decides to cancel the reservation in a period of time of up to forty-eight (48) hours before from the beginning of the reservation, THE USER will obtain a full refund of the payment made by virtue of the acceptance or realization of the same. In the event in which THE USER decides to cancel the reservation during the forty-eight (48) hours prior to the start of the reservation, he will not obtain no refund. 2. Moderate. In the event that THE USER has chosen an advertisement or offer with this modality. Yes Either party (the provider or THE USER) decides to cancel the reservation within a period of time up to fifteen (15) days before the start of the reservation, THE USER will obtain a full refund of the payment made by virtue of the acceptance or completion of the reservation. in the event in that THE USER decides to cancel the reservation during the fifteen (15) days prior to the start of the reservation, you will not get any refund. 3. Strict. In the event that THE USER has chosen an advertisement or offer with this modality. If either party (the provider or THE USER) decides to cancel the reservation within a period of time up to thirty (30) days before the start of the reservation, THE USER You will get a full refund of the payment made under the acceptance or completion of the reservation. In the event that the user decide to cancel the reservation during the thirty (30) days prior to beginning of the reservation, you will not get any refund.
In this order of ideas, THE USER can cancel a confirmed reservation at any time, and may or may not be entitled to a refund, depending of the cancellation method chosen for your reservation by the provider. Unless there are causes of force majeure, Cartagena Expeditions S.A.S will send the Provider any portion of the fee due to you under the applicable cancellation method. The transaction costs of reimbursement correspond to ten percent (10%) of the value of the booking.
SIXTEENTH. Cancellation policies applicable to THE USER. In the event that THE USER cancels the reservation for reasons or unexpected circumstances or circumstances beyond your control outside of the cancellation terms described in the FIFTEENTH clause, Cartagena Expeditions S.A.S could exempt you from paying sanctions or fines, if it is any of the following duly proven circumstances: 1. Death of THE USER or a member of his immediate family. In this event you must provide any of the following documents: death certificate, news article mentioning the deceased person; two. Injury or serious illness of THE USER. In this event A general report from a physician must be provided confirming the injury or serious illness of the affected person. The report must carry a date after the day the reservation was made and you must come from a doctor attached to the health system to which THE USER is find affiliate; 3. Government obligations. These include functions such as voting jury duty, travel restrictions, court appearances and mobilization military. In this event, a copy of the notice must be provided. official with a date later than the day the reservation was made, in addition to the name of the person called to fulfill the obligation governmental; 4. Severe damage to the boat. In the event in which the boat to be rented suffers severe damage that the become insecure to receive THE USER or that prevent them from accessing to basic services (does not include scheduled renewals); 5. Road and airport closures or flight cancellations. Events that prevent THE USER from reaching the place of provision of the service. This includes closures caused by natural disasters such as earthquakes or severe storms. In this event you must provide a notification of road or airport closure, as well as airline documentation on flight cancellation; 6. Changes in the weather that prevent the provision of the service. In the event of an electrical storm, heavy rain, or strong winds, within a perimeter of 150 nautical miles around the place of provision of services, within the eight (8) hours prior to the date and time scheduled for the reservation, or in the event that the weather poses a security risk to EL USER, or prevent the provider from carrying out the reserved service, You can cancel it, for which you must provide evidence of the status of the weather at the time of cancellation.
SEVENTEENTH. Evaluations and comments. With After the completion of a reservation, THE USER and the supplier may leave a public comment in relation to it, and make an assessment of each other. Evaluations and comments reflect the opinions of THE USER and the provider individually and not to the opinion of Cartagena Expeditions S.A.S. Cartagena Expeditions S.A.S does not verify the accuracy of the evaluations and comments that may become incorrect or misleading The evaluations and comments by THE USER and the supplier must be precise, in addition, they may not contain language offensive or insulting. Evaluations and comments are subject to all the provisions in relation to the contents established in these Terms and Conditions. It is expressly prohibited that THE USER manipulates the system of evaluations and comments in mode any, such as directing a third party to write a negative or positive comment about another supplier. The evaluations and comments are part of the public profile of THE USER and may also be reflected in other parts of the Cartagena Expeditions S.A.S Platform (such as an offer page), along with other pertinent information such as the number of reservations, the number of cancellations, the time of average response and other data. EIGHTEENTH. Damage to boats. THE USER who accepts or makes the reservation is the only liable to the supplier for leaving the vessel (including goods personal and other materials existing in it) in the same State it upon arrival. THE USER is responsible for their own actions and omissions and also of the acts and omissions of any persons invite or provide access to the vessel, with exception of the supplier (and the people that he invites to the boat in the event in which it applies).
NINETEENTH. Declarations of Cartagena Expeditions S.A.S regarding the provision of services by THE PROVIDER, and THE USER. As operator of the Cartagena Expeditions S.A.S Platform, Cartagena Expeditions S.A.S declares that: 1. You do not own, create, sell, resell, supply, control, manage, offers, delivers, or directly provides car rental services boats, services and/or nautical experiences, which is why the supplier is solely responsible for the goods and services that offer through the Cartagena Expeditions S.A.S Platform; 2. Cartagena Expeditions S.A.S is not and will not happen to be a party or participant in any contractual relationship between THE USER and the provider, nor does it constitute an insurance agent. Cartagena Expeditions S.A.S does not act as an agent in any capacity for THE USER nor for the supplier, except in relation to its functions as collector. Once THE USER makes or accepts a reservation, they create a direct contractual link with the supplier, in which Cartagena Expeditions S.A.S does not they have no type of participation; 3. You do not have control over, or guarantees the performance or conduct of the supplier or third party. Cartagena Expeditions S.A.S does not endorse any provider. Any reference to THE USER, only implies that this person, natural or legal, has completed the process of corresponding verification or identification, but it does not mean anything plus. This type of description does not imply an endorsement, certification, or a guarantee by Cartagena Expeditions S.A.S about THE USER, including their identity or background of her, or the fact that THE USER is reliable, safe or suitable. 4. Does not direct or control, nor shall it be deemed to direct or control, the activities carried out by the supplier within the framework of the provision of boat rental services, and other services and nautical experiences, since the supplier acts exclusively in his own name and interest, and not in that of Cartagena Expeditions S.A.S. 5. Due to the nature of the Internet, Cartagena Expeditions S.A.S cannot guarantee the continuous and uninterrupted availability and accessibility of the Cartagena Expeditions S.A.S platform. Cartagena Expeditions S.A.S may restrict the availability of the Cartagena Expeditions S.A.S Platform, or certain areas or functions thereof in the event that it is necessary, due to capacity limits, security or the integrity of its servers, or to carry out measures maintenance that ensure the correct or improved operation of the Cartagena Expeditions S.A.S Platform. 6. You can improve, reinforce and modify the Cartagena Expeditions S.A.S platform, as well as introducing new ones from time to time Cartagena Expeditions S.A.S services.
TWENTY-FIRST. Nature of payments collected by Cartagena Expeditions S.A.S. THE USER accepts that the payment made by him through the Cartagena Expeditions S.A.S platform will be considered as a payment made directly to the provider. This will provide the services acquired to THE USER as agreed, in the same way as if the provider had received the payment directly from THE USER. THE USER understands that the obligation of Cartagena Expeditions S.A.S is to transfer the payment made by this, and is subject and conditioned to the correct reception of said pay. Cartagena Expeditions S.A.S only guarantees payment to the supplier, for the amounts that NAUTY 36O has correctly received from THE USER. To the accept the designation as collector of THE USER, Cartagena Expeditions S.A.S does not assume no responsibility for the acts and omissions of the latter. TWENTY SECOND. Payment method. When you add or use a Method of Payment, Cartagena Expeditions S.A.S will ask you for certain billing information conventional, that THE USER must provide exact information, current and complete. The information requested for Payment Methods will depend on the Payment Method and will include: 1. Residence address, 2. Account number. 3. Account type, 4. Tracking number, 5. Number of account; 6. Identification number, 7. Mailing address electronic, 8. Currency of payment; 9. Account data associated with a specific payment processor.
TWENTY THIRD. Services of third-party providers of methods and payment platforms. The Cartagena Expeditions S.A.S Platform may contain links to websites or resources of third parties. Such third party services may be subject to different terms and conditions and different privacy practices. Cartagena Expeditions S.A.S is not responsible for the availability or accuracy of said third-party services, nor of the content, of the products or the services available from such third party services. Links to such third party services do not constitute an endorsement of the same by Cartagena Expeditions S.A.S. The payment methods could imply the use of third-party payment service providers. These service providers may charge additional commissions 11 when process payments in connection with Cartagena Expeditions S.A.S’s collection services (including charges deductible from the payment amount), and Cartagena Expeditions S.A.S is not responsible for any such commission and waives all obligation in this regard. The payment method chosen by THE USER may be subject to additional terms and conditions imposed by the corresponding third party payment service provider. We suggest examine the applicable terms and conditions before choosing your method of payment.
TWENTY FIFTH. Special prohibitions for THE USER regarding payment services. THE USER assumes all responsibility derived from compliance with the current legislation, regulations and standards, as well as the tax obligations that are applicable to your use of the collection services of Cartagena Expeditions S.A.S. In connection with your use of the collection services, THE USER may not perform the following actions and admits that it will not proceed to them nor will it help or allow that others may proceed: 1. Break or circumvent any law or regulation in force, contracts with third parties, rights of third parties or these Terms and Conditions; 2. Use fundraising services Cartagena Expeditions S.A.S for commercial or other purposes that are not authorized explicitly in these Terms and Conditions; 3. Avoid, circumvent, remove, disable, undermine, decrypt or circumvent any otherwise technological measures implemented by Cartagena Expeditions S.A.S or any from the providers of payment methods or platforms of Cartagena Expeditions S.A.S or other third party to protect the Payment Services; 4. Take any action that harms or adversely affects, or may harm or affect adversely, to the performance or proper functioning of the Cartagena Expeditions S.A.S collection services; 5. Try to figure out, decompile or disassemble software used to offer the services collection of Cartagena Expeditions S.A.S or apply reverse engineering techniques to this; or 6. Infringe or violate the rights of any other person or harm any other person in any other way; 7. Use, copy, adapt, modify, or prepare services other than that of boat rental and/or other nautical services and experiences, in order to make use of the collection services of Cartagena Expeditions S.A.S, nor distribute, license, sell, transfer, publicly display, lend publicly, disseminate, or exploit in any way the services of collection of Cartagena Expeditions S.A.S, except as expressly permitted in these Terms and Conditions.
TWENTY EIGHTH. Indemnity of Cartagena Expeditions S.A.S regarding the service of collection. To the extent permitted by current law, THE USER agrees to waive, defend (at the option of Cartagena Expeditions S.A.S), indemnify and discharge responsibility to Cartagena Expeditions S.A.S and its affiliates and subsidiaries, as well as to its managers, directors, employees and agents, against and against any claims, obligations, damages, losses and expenses, including, but not limited to, reasonable fees of lawyers and accountants, which derive from or are in any way related with: 1. Failure to comply with these Terms and Conditions; 2. The improper use of Cartagena Expeditions S.A.S collection services; 3. Collection and transfer by Cartagena Expeditions S.A.S of the taxes derived from the services provided by the provider; or 4. Failure to any law, regulation or right of third parties.
Cartagena Expeditions S.A.S will tend to maintain the availability, continuity and/or proper functioning of the Cartagena Expeditions S.A.S Platform, however, it reserves the right to block, interrupt or restrict access to it when consider it necessary for the improvement of the same. It is recommended to THE USER take appropriate measures and act diligently at the time of access the application, such as having programs of protection, antivirus, malware management, spyware and tools Similar. Both the content and the technical components of the Cartagena Expeditions S.A.S platform may include errors and technical failures, and therefore therefore, the experience of each provider when browsing the application may vary. Neither Cartagena Expeditions S.A.S, its directors, owners, content managers, providers or licensees (all collectively, the indemnified parties) will be responsible for the damages that eventually the USERS will suffer as a direct consequence or indirect access, lack of access, use, or failure to perform the Cartagena Expeditions S.A.S Platform.
SECOND PARAGRAPH. In any case, Cartagena Expeditions S.A.S will not be responsible for the loss, misplacement or theft of mobile devices that allow third party access to the mobile application; due to errors in typing or access by THE USER; for damages, profit loss, emergent damage, moral, and in general sums in charge of THE USER, originating from delays, lack of processing of information, or suspension of the mobile operator service or damage to the mobile devices.
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