General Conditions of Use
These General Conditions of Use will regulate the provision of the services Las pléyades comercialadora internacional Ltda. (hereinafter, Senda Hotels) will provide through this Website (hereinafter, the Website). The details of OLÉ COLOMBIA are as follows:
- Owner: Las pléyades comercialdoras internacional Ltda.
- NIT: 900228195-2
- Address: Calle 15 #3-74 Centro histórico de Santa Marta, Colombia
- Contact email: santamarta.v@gmail.com
1.- Acceptance of the general conditions of use and access to the website
By contracting the services of the Website, Users accept these General Conditions of Use, which define the rights and obligations of Senda Hotels and the Users within the framework of the Website.
These are the only General Conditions of Use applicable to the use of the Website (without prejudice to the fact that for certain services there may be specific conditions) and to the contracting of the
services and they replace any other conditions, except by prior written agreement between Senda Hotels and the User.
User registration is not required to access the Website. However, in order to contract the services offered by Senda Hotels, User registration and acceptance of these conditions will be required before formalizing the corresponding payment.
2.- Purpose of the website
Senda Hotels has developed this Website to offer Users a reservation service for activities, excursions, circuits and guided tours in Colombia.
Senda Hotels informs you that the activities, excursions, circuits and guided tours, as well as transfers are services provided directly by third-party companies collaborating with Senda Hotels (hereinafter, the Provider(s). Therefore, Senda Hotels IS LIMITED EXCLUSIVELY TO OFFERING THROUGH THE WEBSITE A BOOKING SERVICE FOR ACTIVITIES, EXCURSIONS, CIRCUITS, GUIDED TOURS AND TRANSFERS IN COLOMBIA, WHICH ARE EXECUTED DIRECTLY BY THE SUPPLIERS.
3.- Booking at Senda Hotels and registering on the website
In order to make reservations through the Website, Users must provide their personal data (name, surname, email, telephone number and mobile number), or, where applicable, the data of the person on whose behalf the activity, excursion, circuit, guided tour, as well as the transfers are being booked, so that Senda Hotels can make the reservation requested by the User.
Pursuant to these General Terms of Use, Users declare that they provide true, accurate, current and complete information about their identity, or, where applicable, about the person on whose behalf the activity or transfer is being booked. In this regard, Users shall be responsible for the accuracy of the information provided to Senda Hotels and for any consequences that may arise from errors in the information provided.
4.- Specific conditions regarding the booking of activities, excursions and guided tours
The bookings that each User makes through the Website are subject to the specific conditions that apply to each activity, excursion, circuit or guided tour. The User can find these conditions in the description sheet on the Website for each of these services, as well as in the confirmation email that Senda Hotels will send once the booking has been made.
4.1.- General conditions applicable to all reservations.
In general, the reservation of activities, excursions, circuits and guided tours promoted by Senda Hotels through the Website is subject to the following conditions:
• The dates and times of the activities, excursions, circuits and guided tours published on the Website have been pre-established by the Suppliers and do not allow any type of modification in this regard. It would only be possible to modify the date and time of an activity, excursion and guided tour if the User has contracted a private service, in which case he/she will have to discuss this matter directly with Senda Hotels by sending an email to santamarta.v@gmail.com . In any case, the response from Senda Hotels will depend on the applicable conditions of each Supplier.
• Users may modify the details of their reservations provided that the conditions of the activity, excursion, circuit and/or guided tour allow it. In order to make this modification, the User must send an email to santamarta.v@gmail.com detailing the change to be made.
• The minimum advance notice for each reservation varies depending on the activity, excursion,var. This specific aspect can be seen in the activity’s own file on the Website. Senda Hotels informs you that it is not possible to book an activity with less notice than that indicated in the corresponding activity’s file.
To book an activity, excursion, circuit or guided tour privately, please contact Senda Hotels by sending a communication to santamarta.v@gmail.com. The reservations that each User makes through the Website are subject to the specific conditions that apply to each activity, excursion, circuit or guided tour. The User can find these conditions in the description file on the Website for each of these services, as well as in the confirmation email that Senda Hotels sends you once you have made the reservation.
4.2.- Specific conditions related to the information on the activity, excursion, circuit and/or guided tour booked.
The meeting point, date, time, duration and all the information necessary to enjoy the activity, excursion, circuit and/or guided tour booked will be in the confirmation email that Senda Hotels sends to the User once the reservation has been made.
In the confirmation email, in addition to providing all the information on the reserved service, Senda Hotels may provide the User with a receipt or voucher for the booking of the activity, excursion, circuit and/or guided tour booked so that the User can present it to the Provider prior to the start of the activity.
It is essential that Users are punctual and show up at the meeting point at the time and date indicated on their voucher, since all activities, excursions, circuits and guided tours are scheduled to depart at a specific time and it is not possible to change the start time.
If, once at the destination, the Users have any questions regarding the reserved service, and in particular, regarding the meeting point for the activity, excursion or visit, the Users may contact the Provider at the contact telephone number that appears on the voucher that Senda Hotels gave them at the time of confirming the reservation.
Senda Hotels informs you that the Provider may require you to hand over the voucher that confirms the reservation of the activity prior to the start of the activity. Senda Hotels will not assume any responsibility if the User does not present said voucher to the Provider.
5.- Financial conditions of contracting
The contracting of the reservation of Senda Hotels services will be deemed formalized once the Users have completed and accepted the reservation form for the activity or circuit.
The prices will be those indicated by Senda Hotels at the time of booking the activity or circuit chosen by the User. In general, Senda Hotels makes the full payment through the Website for the activity, excursion, guided tour, circuit and/or transfer booked by the User. However, there are certain services whose Providers allow the User to pay a part of the total amount of the service at the time of booking and, at the time of enjoying the activity, excursion, guided tour, circuit or transfer, the User to make the payment of the remaining amount. In any case, this aspect depends on the conditions of each Provider.
These prices are expressed in Pesos, including taxes, and the total amount will be indicated at the time of the final confirmation of the contracting of the service. Payment may be made by credit or debit card (Visa or Mastercard), Redsys or iupay.
In general, Senda Hotels will not apply discounts on the provision of its services, unless this is established in the conditions of the corresponding activity, excursion, guided tour, circuit and/or transfer.
After making the reservation, Users will receive a confirmation email confirming the payment for the contracted service.
Senda Hotels must be notified of any improper or fraudulent charges on the card used for the purchase or via email at santamarta.v@gmail.com, as soon as possible so that Senda Hotels can take the appropriate action.
6.- Cancellation policy
Each of the services promoted by Senda Hotels on the Website (activities, excursions, guided tours, transfers, circuits) has a specific cancellation policy, which the User can consult in the confirmation email that Senda Hotels sends them once they have made the reservation.
Therefore, each service will be subject to its specific cancellation conditions, which will establish the cancellation period and whether or not there is any type of penalty.
In the event that the SUPPLIER does not have availability on the contracted date, Senda Hotels will offer the client an alternative date or time that must be accepted or rejected by the client. If no response is received within 72 hours regarding the proposed alternative, the reservation will be cancelled and refunded immediately.
Ultimately, Senda Hotels will manage cancellations in accordance with the cancellation policy for each activity, excursion, guided tour, circuit and/or transfer.
IN ACCORDANCE WITH THE FOREGOING, AND BY ACCEPTING THESE GENERAL CONDITIONS OF USE, USERS DECLARE THAT THEY HAVE READ AND EXPRESSLY ACCEPTED THIS CANCELLATION POLICY AND DECLARE THAT THEY AGREE WITH THE CANCELLATION CONDITIONS OF THE ACTIVITY, EXCURSION, GUIDED TOUR, CIRCUIT AND/OR TRANSFER THAT THEY BOOK THROUGH THE WEBSITE.
7.- Conduct on the website
Users undertake to make lawful, diligent, honest and correct use of any information or content they have access to through the Website, and all of this under the principles of good faith and respecting at all times the current legislation and these General Conditions of Use. In particular, but without limitation, Users must not:
Register or communicate data that is not true, accurate, complete and/or up-to-date, or access the Website using the name or identifying data of another User or impersonate any person or identity.
Use the Website for fraudulent purposes, or related to criminal offences or illegal activities of any kind.
Introduce or spread computer viruses that may cause unauthorized alterations to the contents or systems comprising the Website.
Use the Website to use or reuse illegal, offensive, pornographic, abusive, indecent, defamatory, obscene or threatening material of any kind, or that constitutes a violation of copyright, trademarks or confidentiality, privacy or any other right, or is otherwise insulting or objectionable to third parties.
Download, send or distribute in any other way content or applications that may violate any legislation in force or that constitutes an infringement of any right of any party.
Senda Hotels reserves the right to deny any attempt to access the Website in cases where there is incorrect use of the Website in accordance with the provisions of this clause.
8.- Opinions, comments, communications and other content
Users who have booked activities, excursions, guided tours, circuits and/or transfers through Senda Hotels may publish their opinions and evaluations on the Website.
To do so, Senda Hotels will send an email to the User when the activity, transfer or circuit has finished, so that they can evaluate the experience and the service provided by Senda Hotels.
When Senda Hotels receives the User’s opinion and evaluation, it will review it and publish it as soon as possible on the Website.
In any case, Senda Hotels will publish the opinions of the Users provided that the content of the same is not illegal, obscene, abusive, threatening, defamatory, invades the privacy of third parties, or is otherwise objectionable to third parties, and provided that the content does not incorporate advertisements or links to other websites and/or that the opinion does not correspond to the valued service.
In particular, Senda Hotels reserves the right not to publish those opinions whose content may include the following expressions:
Discriminatory expressions: In no case will expressions that go against an individual and that violate the principles of the right to honor, personal and family privacy, one’s own image and the dignity of the person be permitted. Any type of discriminatory publication is prohibited, whether based on race, sex, religion, opinion, nationality, disability or any other personal or social circumstance.
Illegal activities: Content that promotes illegal activities or that incorporates obscene or defamatory content is not permitted.
Violence: It is expressly prohibited for opinions to contain expressions that promote violence and/or that include, without limitation, sexual violence or violence against animals and people.
Degrading content: Opinions or comments that are intimidating, threatening, degrading or that in any way promote violence against a person or a specific group are not permitted.
9.- Exclusion of liability
By way of example, but not limited to, Senda Hotels is not responsible for the following circumstances:
For cancellations made outside the deadline by Users. Senda Hotels will not be responsible under any circumstances for returning the amounts paid by its users.Users when they have not complied with the cancellation period provided for in the cancellation policy applicable to each service.
Of delays or errors made by Users in arriving at the meeting point for the reserved activity, excursion, guided tour and/or transfer. That is, Senda Hotels will not assume any responsibility if the User misses the reserved activity or transfer due to lack of punctuality and/or not being at the corresponding meeting point.
Of cases in which the Provider denies the User access to the corresponding activity, excursion and/or guided tour when the User does not have the corresponding voucher printed on paper and/or downloaded to his/her mobile phone (as required in each case by the Provider).
Of damages and thefts affecting Users and their property during the enjoyment of the activities, excursions, circuits and guided tours and/or during the journey of the contracted transfer service.
Of injuries, damages and accidents that the User may suffer during the enjoyment of the activity, excursion, guided tour, circuit and/or transfer reserved, as well as of those injuries, damages and accidents suffered by the User prior to the service and that have prevented him/her from enjoying it.
Of the loss of flights, trains, buses or any other means of transport, as a result of not having arrived at the time suggested by the provider.
Of the meteorological conditions in which the Provider carries out the activities, excursions and guided tours reserved by the Users. Under no circumstances will Senda Hotels be responsible for these circumstances, so the service will be deemed to be correctly provided.
Of the quality of the service provided by the Providers. Likewise, Senda Hotels does not provide any guarantee nor is it responsible, in any case, for damages of any nature that may arise from access to or use of the content or the Website. Among others, and by way of example and not limitation, Senda Hotels is not responsible for the following circumstances:
Lack of availability, maintenance and effective operation of the Website and/or its services or contents, as well as for damages of any kind that may be due to the lack of availability or continuity of the operation of the Website.
Technical failures attributable to third parties or causes of force majeure that prevent the correct operation of the Website.
Cases of force majeure, understood as the failure, suspension or interruption of the services or use of the Website, as a consequence of the blocking of the Internet network, actions or omissions of third parties, or any other causes or circumstances beyond the control of Senda Hotels that prevent the normal use of the Website.
The illicit, negligent, fraudulent use, contrary to the terms of these General Conditions of Use, or to good faith, of the Website, by the Users.
Senda Hotels reserves the right to initiate legal action against Users as a result of the commission of the acts described in this section and, in general, for failure to comply with these General Conditions of Use.
10.- Intellectual property
10.1.- Intellectual and industrial property relating to the Website owned by Senda Hotels.
All rights to the content, design and source code of this Website and, in particular, by way of example but not limited to, all rights to the photographs, images, texts, logos, designs, brands, trade names, data included on the Website and any other intellectual and industrial property rights are the property of Senda Hotels, or of third parties who have expressly authorized Senda Hotels to use them on the Website.
For this reason and pursuant to the provisions of Royal Legislative Decree 1/1996, of April 12, approving the revised text of the Intellectual Property Law, regularizing, clarifying and harmonizing the legal provisions in force on the subject (hereinafter, “Intellectual Property Law”), as well as Law 17/2001, of December 7, on Trademarks and complementary legislation on intellectual and industrial property, the reproduction, transmission, adaptation, translation, distribution, public communication, including its method of making available, of all or part of the contents of the Website, on any medium and by any technical means, is expressly prohibited, except with express written authorization from Senda Hotels.
Senda Hotels does not grant any license or authorization of use of any kind on its intellectual and industrial property rights or on any other rights.the property or right related to the Website, and in no case will it be understood that the access and navigation of the Users implies a waiver, transmission, license or total or partial transfer of said rights by Senda Hotels.
Any use of said contents not previously authorized by the User will be considered a serious breach of intellectual or industrial property rights and will give rise to the legally established responsibilities.
10.2.- Intellectual Property related to the opinions of the Users published on the Website.
Since the Website allows the publication of opinions, the Users grant Senda Hotels a universal, unrestricted and free license for the use, distribution, public communication, adaptation and reproduction of said opinions. Through the aforementioned license, Senda Hotels may transform, adapt and ultimately use the opinions of the Users for advertising and promotion purposes on the websites and social networks owned by Senda Hotels.
11.- Modifications
Senda Hotels reserves the right to make as many modifications as it deems appropriate to these General Conditions of Use, in which case Users will be notified in advance. These modifications will be valid from their publication on the Website.
12.- Safeguard clause
All clauses or provisions of these General Conditions of Use must be interpreted independently and autonomously, and the rest of the stipulations will not be affected if one of them has been declared void by a final court ruling or arbitration decision. The affected clause or clauses will be replaced by another or others that preserve the effects sought by the General Conditions of Use.
13.- Jurisdiction and applicable legislation
These General Conditions of Use will be governed by Spanish law. In the event of a dispute regarding the interpretation, execution or validity of these General Conditions of Use, the Courts and Tribunals of the User shall be competent.
Pursuant to the provisions of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on the resolution of online disputes in consumer matters, Senda Hotels also informs you that, in the event of a dispute, Users residing in the European Union may use the “Online Dispute Resolution Platform” developed by the European Commission, in order to attempt to extrajudicially resolve any dispute arising from the provision of services by Senda Hotels.
To access the “Online Conflict Resolution Platform” you can do so through the following link: http://ec.europa.eu/consumers/odr/
In any case, Senda Hotels informs the User that it has a Complaint Form through which you can make any complaint or claim in relation to the services provided by Senda Hotels.
