These General Conditions of Use will regulate the provision of services Las pléyades comercializadora internacional Ltda. (hereinafter, Parque Tayrona) will provide through this Website (hereinafter, the Website).
The data of Tayrona Park are the following:
- Owner: Las pleyades comercializadoras internacional Ltda.
- NIT: 900228195-2
- Address: Calle 15 # 3-74 Historic Center of 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 Parque Tayrona and 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 particular conditions) and the contracting of services and they replace any other conditions, except with prior agreement and in writing between Tayrona Park and the User.
User registration will not be required to access the Website. However, in order to contract the services offered by Parque Tayrona, the User’s registration and acceptance of these conditions will be required before formalizing the corresponding payment.
2.- Object of the website
Parque Tayrona has developed this Website to offer Users a reservation service for activities, excursions, circuits and guided tours in Colombia.
Parque Tayrona informs you that the activities, excursions, circuits and guided visits, as well as the transfers are services provided directly by third-party companies collaborating with Parque Tayrona (hereinafter, the Provider / s). Therefore, Senda Hotels IS EXCLUSIVELY LIMITED TO OFFERING THROUGH THE WEBSITE A RESERVATION SERVICE FOR ACTIVITIES, EXCURSIONS, CIRCUITS, GUIDED TOURS AND TRANSFERS IN COLOMBIA, WHICH ARE DIRECTLY EXECUTED BY THE PROVIDERS.
3.- Book at Senda Hotels and register on the website
In order to make reservations through the Website, Users will have to provide their personal data (name, surname, e-mail, telephone and mobile phone), or where appropriate the data of the person on whose behalf The activity, excursion, circuit, guided visit, as well as transfers, are reserved so that Senda Hotels can make the reservation requested by the User.
By virtue of these General Conditions of Use, Users declare to provide true, exact, current and complete information about their identity, or, where appropriate, about the person on whose behalf the activity or transfer is reserved. In this sense, Users will be responsible for the accuracy of the data provided to Senda Hotels and for any consequence that may arise from errors in the information provided.
4.- Specific conditions regarding the reservation of activities, excursions and guided visits
The reservations that each User makes through the Website are subject to the specific conditions that apply to each activity, excursion, circuit or guided visit. The User will be able to find these conditions in the description of the Website for each of these services, as well as in the confirmation email sent by Senda Hotels once the reservation has been made.
4.1.- General conditions applicable to all reservations.
In general, the reservation of activities, excursions, circuits and guided visits promoted by Tayrona Park through the Website is subject to the following conditions:
- The dates and times of the activities, excursions, circuits and guided visits 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 visit if the User has contracted a private service, in which case they will have to comment on this matter directly with Senda Hotels by sending an email to santamarta.v@gmail.com . In any case, Senda Hotels’ response will depend on the applicable conditions of each Provider.
- Users may modify the data of their reservations as long as the conditions of the activity, excursion, circuit and / or guided tour allow it. In order to make this modification, the User will have to send an email to santamarta.v@gmail.com detailing the change to be made.
- The minimum advance time for each reservation varies depending on the activity, excursión, circuit and / or guided tour that you want to book. This particular aspect can be seen in the activity file on the Website. Senda Hotels informs you that it is not possible to book an activity less in advance than indicated in the corresponding activity file.
To book an activity, excursion, circuit or guided tour privately, please contact Senda Hotels by directing a communication to info@parquetayrona.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 visit. The User will be able to find these conditions in the description of the Website for each of these services, as well as in the confirmation email sent by Senda Hotels once the reservation has been made.
4.2.- Specific conditions related to the information of the activity, excursion, circuit and / or reserved guided tour.
The meeting point, date, time, duration and all the necessary information to enjoy the activity, excursion, circuit and / or reserved guided tour, will be in the confirmation email sent by Senda Hotels to the User once the reservation is 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 booking voucher for the activity, excursion, circuit and / or guided tour contracted so that the User can present it. before the Provider prior to the start of the activity.
It is essential that Users are punctual and present themselves at the meeting point at the time and date indicated on their voucher, since all activities, excursions, circuits and guided visits are scheduled to leave at a specific time and not It is possible to modify the start time.
If, once at the destination, the Users have any question in relation to the reserved service, and in particular, with the meeting point of the activity, excursion or visit, the Users may contact the Provider at the telephone number of contact that appears on the voucher that Parque Tayrona gave you at the time of booking confirmation.
Parque Tayrona informs you that the Provider may require you to deliver the voucher that accredits the reservation of the activity prior to the start of it. Parque Tayrona will not assume any responsibility if the User does not present said voucher to the Provider.
5.- Economic contracting conditions
The hiring of the reservation of the Tayrona Park services will be understood to be formalized once the Users have completed and accepted the reservation form for the activity or circuit.
The prices will be those indicated by Parque Tayrona at the time of booking the activity or circuit chosen by the User. In general, Parque Tayrona makes the full payment through the Website of the activity, excursion, guided visit, circuit and / or the transfer reserved by the User. However, there are certain services whose Providers allow, at the time of booking, the User to pay a part of the total service and that, at the time of enjoying the activity, excursion, guided visit, circuit or transfer, the User makes 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 can be made by credit or debit card (Visa or Mastercard), Redsys or iupay.
In general, Tayrona Park will not apply discounts in the provision of its services, unless this is established in the conditions of the activity, excursion, guided visit, circuit and / or transfer that corresponds.
After contracting the reservation, Users will receive a confirmation email confirming the payment of the contracted service.
Senda Hotels must be notified of any undue or fraudulent charge on the card used for the purchase or through the email info@parquetayrona.com, in the shortest time possible so that Senda Hotels can take the appropriate steps.
6.- Cancellation policy
Each of the services promoted by Parque Tayrona on the Website (activities, excursions, guided visits, transfers, circuits) has a specific cancellation policy, which the User may consult in the email of co20-confirmation that Senda Hotels will send you once you have made the reservation.
Therefore, its specific cancellation conditions will be applicable to each service.on, which will establish the cancellation period and if there is any type of penalty or not.
In the event that the SUPPLIER does not have availability on the contracted date, Parque Tayrona will offer an alternative date or time to the client that must be accepted or rejected by the client. In the event that no reply is received within 72 hours to the proposed alternative, the reservation will be canceled and immediately reimbursed.
Ultimately, Senda Hotels will manage cancellations in accordance with the provisions of the cancellation policy for each activity, excursion, guided tour, circuit and / or transfer.
IN ACCORDANCE WITH THE FOREGOING, AND BY ACCEPTING THE PRESENT GENERAL CONDITIONS OF USE, THE USERS DECLARE THAT THEY HAVE READ AND EXPRESSLY ACCEPT THE PRESENT CANCELLATION POLICY AND STATE THAT THEY AGREE WITH THE CONDITIONS OF CANCELLATION, CANCELLATION OF THE ACTIVITY GUIDED VISIT, CIRCUIT AND / OR TRANSFER THAT YOU RESERVE THROUGH THE WEBSITE.
7.- Conduct on the website
The Users undertake to make a lawful, diligent, honest and correct use of all the information or contents they have access through the Website, and all this under the principles of good faith and respecting the current legislation at all times. and these General Conditions of Use. In particular, but without limitation, Users must not:
- i. Register or communicate data that is not true, exact, complete and / or updated, or access the Website using the name, identification data of another User or impersonate any person or identity.
- ii. Using the Website for fraudulent purposes, or related to criminal offenses or illicit activities of any kind.
- iii. Introducing or spreading computer viruses that may cause unauthorized alterations to the contents or systems that make up the Website.
- iv. Use the Website to use or reuse illegal, offensive, pornographic, abusive, indecent, defamatory, obscene or threatening material of any kind, or that involves a violation of copyright, trademark or confidentiality, privacy or any other right, or is otherwise injurious or objectionable to third parties.
- v. Download, send or distribute in any other way content or applications that may violate any legislation in force or that violate any right of any party.
Parque Tayrona reserves the right to deny any attempt to access the Website, in cases where there is an 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 visits, circuits and / or transfers through Tayrona Park may publish their opinions and ratings on the Website.
For this, Parque Tayrona will send an email to the User, when the activity, the transfer or the circuit has already finished, so that they can assess the experience and the service that has been provided by Parque Tayrona
When Parque Tayrona receives the User’s opinion and assessment, it will review it and publish it as soon as possible on the Website.
In any case, Parque Tayrona will publish the opinions of the Users as long as their content 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 of which does not include advertisements or links to other websites and / or that the opinion does not correspond to the valued service.
In particular, Parque Tayrona reserves the right not to publish those opinions whose content may include the following expressions:
- i. 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, the image and the dignity of the person will be allowed. Any type of discriminatory publication is prohibited, whether based on race, sex, religion, opinion, nationality, disability or any other personal or social circumstance.
- ii. Illegal activities: The contents are not allowed to promote illegal activities or incorporate obscene or defamatory content.
- iii. Violence: It is expressly forbidden for opinions to contain expressions that promote violence and / or include, without limitation, sexual violence or violence against animals and people.
- iv. Degrading content: Those opinions or comments that are intimidating, threatening, degrading or that in any way promote violence against a person ora specific group.
9.- Exclusion of liability
By way of example, but not limited to, Senda Hotels is not responsible for the following circumstances:
- i. Of the cancellations made after the deadline by the Users. Parque Tayrona will not be responsible under any circumstances for returning the amounts paid by its Users when they have not complied with the cancellation period provided for in the cancellation policy applicable to each service.
- ii. Of the delays or errors made by the Users to reach the meeting point of the activity, excursion, guided tour and / or reserved transfer. That is, Senda Hotels will not assume any responsibility if the User loses the activity or the reserved transfer due to lack of punctuality and / or because they are not at the corresponding meeting point.
- iii. In the cases in which the Provider denies the User access to the corresponding activity, excursion and / or guided tour when the User does not carry the corresponding voucher printed on paper and / or downloaded to their mobile phone (as required in each case by the Provider).
- iv. Damage and theft that affect Users and their property during the enjoyment of activities, excursions, circuits and guided visits and / or during the contracted transfer service.
- v. Of the injuries, damages and accidents that the User may suffer during the enjoyment of the activity, excursion, guided tour, circuit and / or reserved transfer, as well as those injuries, damages and accidents suffered by the User prior to the service and that has prevented you from enjoying it.
- vi. 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.
- vii. 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 understood to be correctly provided.
- viii. On the quality of the service provided by the Suppliers.
Likewise, Parque Tayrona does not grant any guarantee nor is it responsible, in any case, for damages of any kind that may arise from accessing or using the content or the Website. Among others, and by way of example and not limitation, Senda Hotels is not responsible for the following circumstances:
- x. Lack of availability, maintenance and effective functioning 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 Website’s functioning.
- xi. Of technical failures attributable to third parties or force majeure that prevent the proper functioning of the Website.
- xii. Cases of force majeure, understood as the failure, suspension or interruption of 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 independent of the Senda Hotels will prevent the normal use of the Website.
- xiii. 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.
Parque Tayrona reserves the right to initiate legal actions that correspond by right against Users, as a result of the commission of the acts described in this section, and in general, for the breach of these General Conditions of Use.
10.- Intellectual property
10.1.- Intellectual and Industrial Property related to the Website owned by Senda Hotels.
All rights to the content, design and source code of this Website and, especially, with an enunciative, but not limiting, all rights to photographs, images, texts, logos, designs, brands, trade names , data included on the Website and any other intellectual and industrial property rights are owned by Parque Tayrona, or by third parties who have expressly authorized Senda Hotels to use them on the Website.
For this reason and by virtue of the provisions of Royal Legislative Decree 1/1996, of April 12, which approves the revised text of the Intellectual Property Law, regularizing, clarifying and harmonizing the current legal provisions on the matter (hereinafter, “Intellectual Property Law”), as well as Law 17/2001, of December 7, on Trademarks andcomplementary legislation on intellectual and industrial property, the reproduction, transmission, adaptation, translation, distribution, public communication, including the method of making available, of all or part of the contents of the Website, in any support and by any technical means, unless expressly authorized in writing by Parque Tayrona.
Parque Tayrona does not grant any license or authorization of use of any kind on its intellectual and industrial property rights or on any other property or right related to the Website, and in no case shall it be understood that the access and navigation of the Users imply a waiver, transmission, license or total or partial cession of said rights by Parque Tayrona.
Any use of these 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, Users grant Senda Hotels a universal license, without restrictions and free of charge for the use, distribution, public communication, adaptation and reproduction of said opinions. Through the aforementioned license, Parque Tayrona may transform, adapt and, ultimately, use the opinions of Users for advertising and promotion purposes on the websites and social networks owned by Senda Hotels.
11.- Modifications
Parque Tayrona reserves the right to make as many modifications as it deems appropriate in these General Conditions of Use, in which case Users will be previously notified. These modifications will be valid from their publication on the Website.
12.- Safeguard clause
All the clauses or extremes of these General Conditions of Use must be interpreted independently and autonomously, the rest of the stipulations not being affected in the event that one of them has been declared void by judicial decision or final arbitration resolution. The clause or clauses affected will be replaced by another or others that preserve the effects pursued by the General Conditions of Use.
13.- Jurisdiction and applicable legislation
These General Conditions of Use will be governed by Spanish legislation. In case of dispute over the interpretation, execution or validity of these General Conditions of Use, the Courts and Tribunals of the User will be competent.
By virtue of the provisions of Regulation (EU) No. 524/2013 of the European Parliament and of the Council, of May 21, 2013, regarding 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 go to the “Online Conflict Resolution Platform” developed by the European Commission, in order to try to resolve out of court 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, Parque Tayrona informs the User that they have a Claim Form through which you can make any complaint or claim in relation to the services provided by Parque Tayrona