WEBSITE TERMS AND CONDITIONS

Next we will expose the terms and conditions that you "User" must take into account before using the website, please read them carefully before accepting them as this constitutes and ratifies your consent of acceptance. If you have any questions or concerns about it, please let us know through our customer service channels.

 

General Terms and Conditions

1. Structure and responsibilities

• Netviajes is a business unit of Netactica Colombia SAS, a company legally constituted under the Colombian laws, and hereinafter referred to as "Netviajes" or the "Travel Agency" or the "Agency". The Agency acts as an intermediary between the users or travelers and the entities or persons in charge of providing the services of air or land transportation, lodging, food, or any other service and that hereinafter will be referred to as "the Provider(s)" contracted through the Internet site of this Travel Agency (the "Website").

• We have provided a platform that works with different applications that offer computer security. However, please remember that as a web user, it is recommended that you inform yourself about the good practices that you should take into account when using electronic media to minimize the risk of becoming a victim of viruses or other dangerous components that may affect you and for which the Agency cannot assume responsibility.

• The Agency undertakes to comply with the mentioned intermediation services, with the exceptions specified in these "General Conditions" without being directly responsible for the non-compliance of such entities in the execution of their obligations, nor for unforeseen events caused by strikes, weather conditions, delays, earthquakes, quarantines, as well as for the material, personal or moral damages that the passenger may suffer due to loss, damage or theft of luggage, nor for accidents, illnesses or deaths. In any of these events, the user may claim directly before the companies providing the unfulfilled service, or request the intermediation of the Travel Agency, in which case, at the express request of the Agency, the user shall grant the subrogation of rights in order to carry out the claim process before the operating company or service provider. These "General Conditions" are governed by the norms applicable in Colombia.

• The Agency is subject to the liability regime established by Law 300 of 1996, Regulatory Decree 1075 of 1997, Decree 2438 of 2010 and the rules that modify, add or reform them. The responsibility of the organizer of the plan or tourist package is limited to the terms and conditions of the program in relation to the provision and quality of services. In accordance with current regulations, the Agency assumes no liability to the user for the air transportation service, except in the case of a chartered flight and in accordance with the conditions of the contract of carriage.

• The refund policies for services not rendered 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 refund, will be defined by each operator The Agency is not jointly and severally liable for the sums requested for refund. The percentage of reimbursement will depend on the conditions of the contracted service and of the Supplier.

• The Travel Agency assumes no liability to the user or traveler for events such as accidents, strikes, riots, earthquakes, climatic or natural phenomena, security conditions, political factors, denial of entry permits or visas, legal matters of the traveler, health issues and any other case of force majeure or fortuitous event that may occur before or during the trip.

• In case of force majeure or fortuitous event before or during the trip (accidents, strikes, riots, earthquakes, climatic factors, security conditions, political factors, denial of entry permits, health issues, among others), or simply in order to ensure the success of the plan, the operator and/or the agency may modify, replace or cancel itineraries, dates, flights, hotels, optional services, which is now accepted by the passenger at the time of acquiring the services.

• We recommend you to inquire about the need for a visa for the realization of your trip. In any case it will be the sole responsibility of the passenger, the processing and fulfillment of the requirements informed. In case of visa refusal, the reimbursement of the amounts paid by the applicant shall be subject to the authorization of the service provider or operator.

In the specific conditions of each plan, the form of payment and term will be informed.

• The Agency may guide the passenger in the event of loss of luggage or travel documents; however, under no circumstances shall it be liable for the loss, damage, deterioration or loss of such items, being the sole responsibility of the passenger.

• The User may request information from the Agency about the restrictions established by the airlines in terms of items not allowed, maximum weight and number of pieces per passenger, persons allowed in the attractions or tourist sites, limitations or impediments of access by maximum quota. However, it shall be the sole responsibility of the passenger to comply with such policies, which may vary by provision of the transportation companies or the service provider.

• All additional information regarding validity, conditions, departure taxes in Colombia and abroad, fees, charges and other mandatory payments, preventive health measures of the destination, assistance services may be consulted, in case of any concerns the user may contact our customer service line.

• All prices, rates, taxes, fees or contributions, presented. Are subject to availability and validity. Restrictions and conditions apply to each published rate according to its validity.

• Hotel rates may vary depending on the selected accommodation. Cancellation policies, penalties, restrictions and particular conditions of the services offered by the Agency may be consulted by the user at the time of requesting the service.

• The Agency establishes its limit of liability, for which it: (i) expressly reserves the right to correct any error of information in content, description or price on the Website, reservations made under an incorrect price. In such case, if available, will offer the opportunity to keep your reservation at the correct price or cancel the reservation, without penalty, provided it complies with the above characteristics; (ii) The Website is designed for the provision of tourist or complementary services with the implementation of content, clauses, terms and conditions available for acceptance without the possibility of agreeing, subcontracting or delegating their rights, duties and obligations set forth herein.

• The User declares that he/she knows and accepts these conditions in their entirety, which constitute the only agreement, total and exclusive of any agreement or legal provision to the contrary, about the terms, conditions and restrictions of the contracted services.

2. Conditions for personal and commercial use

• Adhesion. The Site is designed for the offer of tourist services with the implementation of contents, clauses, terms and conditions arranged for your acceptance without the possibility of agreeing, subcontracting or delegating your rights, duties and obligations set forth herein.

• Access tools. To access the Website, the User must have the necessary equipment and computer systems to connect to the Internet, including a suitable terminal (computer, telephone, etc.) and a modem or other Internet access device.

• The Internet connection service, access fees and additional costs for this concept shall be borne exclusively by the User, and in no event shall be the responsibility of the Agency.

• Responsibility / veracity. By contracting Tourist Services through the Agency's Website, the User guarantees that: (i) is of legal age; (ii) possesses full capacity to enter into contracts; (iii) expressly accepts receipt of these Terms and Conditions as an alternative means of communication to the physical medium; (iv) only uses the Agency's Website to book or contract Tourist Services for the User himself/herself and/or for another person for whom the User has authorization to act; (v) all information you provide to the Agency is true, accurate, current and complete; (vi) you agree that you are aware of all liabilities arising from the use of the Website whether caused by the User or by third parties operating under your password; and (vii) as a condition of your use of this Website, you warrant that you will not engage in any activity on this Website that is illegal or prohibited by the terms, conditions and requirements set forth above.

• Information. The website will ask the User to fill in his/her personal data and the e-mail address to which the payment confirmation information and the voucher for the use of the service will be sent. Therefore, it is the sole responsibility of the User to correctly fill out the information in the contact email.

• Payment by credit card. If the User makes a payment by credit card, he/she must take into account: (i) the conditions previously fixed with the issuing Bank of the credit card, these conditions may affect the total financial cost. Therefore, we recommend you to check with the bank about the conditions of use and the rates, taxes or interests applicable to the means of payment before applying the payment method in installments. (ii) The Website receives credit and debit cards (restrictions apply) from Master Card and Visa franchises as payment methods. (iii) Remember that the information provided by the cardholder must be the same as that which appears in the financial entity (names and surnames as they appear on the plastic, identification card, mailing address, telephone number).

• Charges to the means of payment. When the User books one or more Tourist Services through the Agency, he/she must pay (i) the price or rate set by the Provider, (ii) the taxes, fees and/or fiscal perceptions applicable to the Tourist Service and, if applicable, (iii) the management charge for the Agency's intermediation service (the "Management Charge"). It is important to mention that the Agency acts in the name and on behalf of the Supplier of the Services and that the values corresponding to the price or tariff of the Tourist Services are transferred (endorsed) to the Supplier. The Agency may at its discretion offer different modalities to make and pay for its reservations of Tourist Services depending on the Service to be purchased, the Supplier that provides it and the means used for the payment. The means and methods of payment available for each Tourist Service are those informed on the Website prior to entering the purchase request.

• Effectiveness of the purchase. The purchase of any product will only be effective at the moment in which this Travel Agency validly charges the credit or debit card or the agreed payment method, the amount of such purchase and this has been verified by the financial department, being able to be cancelled by this Travel Agency up to that moment. In the event that it is not possible to charge the credit card (transaction rejected), the customer should know that in the absence of payment the reservation or request may be canceled by this Travel Agency and / or the service provider.

• Modifications, changes or cancellations. After confirming the purchase, the User must take into account the following conditions before requesting changes, modifications or cancellations: (i) The User must comply with the mandatory requirements for the procedure according to the type of service purchased and provided that the rate selected by the User so allows, the Agency will make the arrangements for the presentation and follow-up of his/her request, but the final decision will be of the Tourist Service Provider. (ii) The way to proceed and the special conditions that apply in case of changes or cancellations in a reservation confirmed by the User, are determined by the Tourist Service Providers, who may establish fines or penalties applicable to the requested changes. These conditions are available for consultation on our Website, check them before booking and remember that there are Tourist Services that, by disposition of the Suppliers, do not admit changes and/or refunds, or admit them with restrictions and/or penalties, -even in cases of illness, strike, climatic phenomena, among others-. Please note that each Supplier defines its penalties without intervention or interference of the Agency. (iii) When the User requests a change, he/she is canceling a confirmed reservation and requesting a new one that will be governed by the particular conditions applicable at the time the User makes the change, for this reason, the User must assume in addition to the costs of the applicable penalties, there could be a difference (value resulting from the difference between the rate originally purchased and the new rate according to rate availability at the time of the change). The User must bear in mind that tourist fares are dynamic and depend on variables such as purchase anticipation, travel dates, seasonal promotions and, in the case of flights, also on fare restrictions, changes must be made in the same classes issued or in higher classes. We clarify that it is not possible to make changes for cheaper fares published after the issuance of the air ticket purchased. (iv) Refunds approved by the Supplier may be made by means of a credit or chargeback to the same card with which the reservation was made, subject to the authorization of the credit card holder. For cash payments, the Agency will request the User's bank details for reimbursement by bank transfer. Refund and/or chargeback times will depend on each Supplier (airlines are estimated to be between 30 and 120 days). (v) Service Providers are not obliged to waive the terms of the contract even in proven cases of illness or physical incapacity that prevents them from traveling; i.e. if the fare paid foresees a penalty charge for changes/refunds or does not allow changes and/or refunds, the Provider may charge such fees or refuse to refund the cost of the reservation. (vi) The handling fee charged by the Agency is non-refundable. In case of cancellation of confirmed reservations for any reason, such handling fee shall not be refunded since it corresponds to a service actually rendered by the Agency. Likewise, in the event that the User requests the change or cancellation of a Tourist Service, the Agency may charge an additional handling fee. (vii) To make a cancellation after the purchase, provided that the particular conditions of the Tourist Service allow it, please note that the Agency will not reimburse or be responsible for the interest that the original transaction has generated, since the Agency does not receive such interest.

• Application of cancellation for air tickets. The Passenger may cancel the trip by giving notice to the airline or travel agency at least 24 hours before the start of the flight. This right can only be exercised by the passenger. The Company will apply a retention according to the applicable fare rule without exceeding 10% of the value of the base fare including the Q for Fuel. The withdrawal does not apply to promotional fares. The refund will be effective within thirty (30) days from the date of notification, in the same form in which the payment was made.

• Documentation: The User declares that the traveler is aware of and will comply with governmental exit, entry and other documentation requirements. In case of concerns in this regard you may contact our customer service line.

• Complaints: They should be made through the Website through the link Modifications, requests and changes by filling out the information requested in the form. It is recommended to make a detailed description of the facts attaching immediately the copy of the supporting background, explaining what happened and formulating in clear and simple terms the solution you want. Based on the information provided, the Agency will analyze the claim, and will respond to the same email informed by the User.

• Reservation confirmation. Once the process is finished, the User will receive two emails: one of automatic confirmation of the payment platform and another of the confirmation of the voucher for the provision of the service, this information will be sent to the email registered in the reservation.

• Before contracting, the User is obliged to review the particular conditions of each Tourist Service and of each Provider. The Agency is not responsible nor does it interfere in the particular conditions established by each Provider for the rendering of its Tourist Services.

These conditions are those of general character that apply to the intermediation services provided by the Agency and under no aspect replace or modify the limitations of responsibility legally established, nor the special conditions that each Tourist Supplier has defined for its Tourist Services.

 

3. Specific terms and conditions applicable by type of service
   
   3.1 Air

1. Economic, promotional and tourist fares with restrictions. At the time the User requests to quote an air ticket, the Web Site will show availability of the most economical fares found in the GDS (Airline Distribution System) at the time of the consultation, with restrictions for the change or refund of the ticket and that in case of request may generate a surcharge to be borne by the User. Therefore, it is important that the User makes sure to verify the details of the fare restrictions before closing the purchase transaction. It is important to mention that the Agency is not authorized to vary or modify in any case the regulations of the air tickets.

2. Administrative fees. The administrative fees that are billed per passenger are not refundable by regulation.

3. Product availability. Purchases of airline tickets with electronic payment must be made at least 48 hours prior to the departure date of the trip and within the requested itinerary one of the trips must originate in Colombia.

4. Functionality. The Website is enabled to generate air ticket reservations for adults and children, however it restricts the purchase of tickets for infants or children traveling alone, so if you require a special service for minors traveling unaccompanied over 18 years old, it must be requested through customer service channels. It is important that adults and children traveling together are in the same reservation.

5. Promotional fares and low cost airlines. Remember that promotional fares are non-refundable. Keep in mind that when you book a flight with an airline identified as low cost, the published fare does not allow for changes or cancellations, does not include seat reservations, checked baggage (carry-on only), or complementary services such as refreshments and/or meals and/or in-flight entertainment. All these services are considered additional and are offered under different conditions according to each airline and at a differential cost. Please note that low-cost airlines usually operate in small, regional and/or secondary airports. Before confirming your purchase request, carefully review the conditions and rates that are informed for each case since some of the additional services must be booked and paid in advance. However, some others can be purchased during the flight, this is at the sole discretion of the airline.

6. Purchase conditions. Check the purchase conditions of the ticket you are purchasing, it is important to know them in case you decide to cancel the trip after the purchase has been made.

7. Rescheduling - flight delays and cancellations. Occasionally airlines may modify certain itineraries such as dates, flight times, rescheduling and/or cancellations. The carrier is authorized to make changes in the scheduled flights, as long as it communicates them to this aerocommercial authority in accordance with the regulations in force and in these cases the Agency has no interference or intervention in relation to the changes that the flights may undergo. Should any of the aforementioned modifications occur 24 hours prior to the departure time of the flight, by instructions of the service provider, the Agency will inform the available alternatives and will only proceed to confirm the modifications with its express prior confirmation or acceptance. Any claim or request related to the provision of the chosen service must be addressed to the airline, being the airline the one providing the transportation service. It is hereby stated that with less than 24 hours prior to the departure of the flight, the agency cannot make any arrangements regarding the air ticket.

8. Request for cancellation or change of itinerary. In case of requesting modifications or changes on the tickets issued, restrictions and additional charges established by the Airlines apply. In the event that, in accordance with the regulations established by the Airline, the fare selected by the User does allow cancellations, the Agency shall take the necessary steps to present and follow up the cancellation request to the airline, and the latter shall proceed with the refund, by means of a credit or a reversal of the charge to the User's credit card. If the payment had been made by a different means of payment, the Agency will process the refund to the original means of payment. In addition, in the case of both changes and cancellations, the Agency may charge an additional handling fee.

9. Refund Processing. The processing of the refund of a ticket is done by the airline and the estimated time of reimbursement depends on the airline, as long as the airline ticket is refundable. In case of refund, the rules and penalties established by each airline will be applied based on the type of fare and its restrictions.

10. Application of cancellation for airline tickets. The Passenger may cancel the trip by giving notice to the airline or travel agency at least 24 hours before the start of the flight. This right can only be exercised by the passenger. The Company will apply a withholding according to the applicable fare rule without exceeding 10% of the value of the base fare including the Q for Fuel. The withdrawal does not apply to promotional fares. The refund will be made effective within thirty (30) days from the date of notification, in the same form in which the payment was made.

11. Information and ownership of the air ticket. The air ticket is issued in the name of the passenger is nominative, personal and non-transferable. Therefore, it is important that the User pays attention to enter his/her name(s) and surname(s) in the place(s) indicated for this purpose and in full compliance with the passenger's travel documentation. The User has available a box for first name(s) and another for last name(s), in any case the User has the possibility to review this information before confirming the purchase request. The air tickets will be issued automatically with the information entered by the User in the Platform without any manual intervention by the Agency. Once issued the air ticket(s) and generated the electronic ticket registration, the airlines do not admit (or in certain cases admit with costs) changes of names or surnames on an air ticket, even in cases of typing errors in the names of passengers and / or names and surnames reversed. If the air ticket contains any error, the airline may not allow boarding. The Agency is not responsible for errors and/or inconsistencies in the personal data entered by Users on the Website.

12. Correction of involuntary errors in issued tickets. The Agency informs that in accordance with the provisions of Resolution 2466 of 2015, issued by the Colombian Civil Aeronautics, the Agency informs the Users that in case of incurring in an error in the information corresponding to their personal data, understanding the latter, exclusively, as name(s) and/or surname(s) contained in the air ticket issued, the passenger may communicate it to the airline directly or to the Agency, who will carry out the presentation and follow-up of his/her request before the airline issuing the ticket, so that the latter may proceed with its immediate correction. In accordance with the provisions of article 3.10.1.10 of the aforementioned Resolution, the correction made may generate a fixed additional payment, the amount of which may not exceed the amount in force for the administrative fee applicable to the ticket at the time of the correction.

It is pertinent to point out that the same regulation expressly states that in no case may the correction of data result in a change of passenger. Remember that in any event, including this one, the final decision will be made by the air service provider. We reiterate that the way to proceed and the special conditions that apply in cases of changes or cancellations in a reservation confirmed by the User, are determined by the airlines, who may establish fines or penalties unilaterally, specifying, in any case, these must conform to the Colombian regulations in force.

2. Baggage. Airlines have different baggage allowance policies. The usual for domestic flights is 8 kg and for international flights 20 to 23 kg depending on the company and the class of travel, some fares do not include free baggage allowance. Please inquire before traveling. The Agency is not responsible for theft and/or robbery and/or loss of luggage and other personal effects of passengers. In case of loss or damage of luggage, the passenger must contact the airline's customer service offices and make the corresponding claim. In any case, the Agency recommends that you take out travel insurance to partially cover this type of risk.

3. Health conditions. If the passenger has any particular health condition (pregnant women, special medical conditions), the airline will require a medical certificate to allow the passenger to travel. It must have an issue date no more than 12 hours before the departure of the flight. Keep in mind that persons who are unable to look after themselves and/or are not able to follow instructions may not travel alone (or with an escort service).

4. One-way tickets. Please note that due to immigration regulations of each country, in case of being a non-resident of the country of destination and contracting through our platform a one-way air ticket, the passenger may be required by the immigration authorities to justify the reasons for not having a return air ticket. The Agency recommends that you consult the corresponding Consulate or Embassy before making a one-way reservation. Airlines may also require this documentation before allowing boarding.

5. Airline liability. The responsibility of the airlines for the transportation of persons and their luggage is regulated by the Aeronautical Regulations. If the User and/or passenger wishes to make a claim regarding the air transportation contract, the User may do so before the Colombian Civil Aeronautics in the web page www.aerocivil.gov.co, organization in charge of regulating, monitoring, supervising and certifying the commercial aeronautical activity in Colombia.

6. Acceptance of terms and conditions. The User must accept that he/she has read and agrees with all the terms of purchase of the air ticket. Once the process is completed you will receive two emails: one of automatic confirmation of the payment platform and another of the confirmation of your airline ticket.

7. Duplicity. Refrain from generating more than one reservation for the same destination - passenger - date - time and airline, this is considered a bad practice of duplicity that may cause a cancellation of reservation by the airline.

8. Special services. Are those services that are provided to passengers according to their individual needs or requirements and must be requested by the user to the Travel Agency no less than 72 hours before the date of the flight, these services are subject to confirmation by the airlines according to availability and sometimes may generate cost at the sole expense of the user or passenger. These services may include, among others, transportation of minors, unaccompanied minors, wheelchair requirements, special meals, pet transportation, transportation services for sick passengers, among others.

9. Transportation of minors. For the purposes of the air transportation service, a minor is considered a person who has not reached 12 years of age on the date of the flight. Infant: A minor who at the date of the flight has not reached 2 years of age and is traveling without occupying a seat, accompanied by a responsible adult. The infant will travel on the lap of the responsible adult. The infant requires an airline ticket even if the infant is not paying a fare. If the responsible adult wishes the infant to occupy a seat, he/she must pay the cost of the airline ticket and must bring an infant seat approved by international standards as suitable for use on an aircraft. Child: A child who has reached the age of 2 years but has not reached the age of 12 years as of the date of the flight and must travel in a seat and pay the corresponding fare.

10. Unaccompanied minors. This service is defined as the transportation of a minor who at the date of travel is five (5) years old and has not reached the age of twelve (12) and is traveling under the custody of an officer of the carrier. The service is optional for minors between twelve (12) and seventeen (17) years of age on scheduled domestic flights. Restrictions on the provision of the service may be consulted in the contract of carriage of the airline or otherwise may be consulted in the link contract of carriage of the airlines located at the bottom of the page of this website.

11. Documentation for minors. According to the provisions of Article 110 of the Code of Childhood and Adolescence modified by Article 9 of Law 1878 of 2018, the agency informs "When a child or adolescent who has residence in Colombia is going to leave the country with one of the parents or with a person other than the legal representatives must previously obtain the permission of the one with whom he/she is not traveling or that of those, duly authenticated before a notary or consular authority. Said permission must contain the place of destination, the purpose of the trip and the date of departure and re-entry into the country."

12. In case of making a trip abroad with minors, the Agency recommends the User to verify if the minors traveling have the new passport, in this case the responsible adult must submit to the Immigration Authorities in Colombia, authentic and legible photocopy of the civil registry of birth.

13. In compliance with the provisions of the Special Administrative Unit of Civil Aeronautics (UAEAC), the Agency informs the user that on domestic flights the presentation of the original copy of the Civil Registry of minors aged 0 to 7 years at the time of traveling by air is mandatory, otherwise, minors may not travel to domestic destinations.
    
    3.2 Hotels

1. Functionality. The Website allows the User to make a reservation and the same must be guaranteed and paid by credit card, this means of payment will be validated directly by an online payment system, in case of detecting any inconsistency in the same, the reservation may be canceled.

2. Charges. The total value of the accommodation will be settled and charged to the credit card or payment method used at the time of closing the reservation.

3. Reservations. It is important that you verify the accommodation, the specific conditions of the hotel reservation and the services included in the reported price. Additional services, taxes and optional hotel insurance will be settled and must be paid directly at the hotel. If traveling with minors, the User must include them in the reservation, even if they do not occupy a bed, there are accommodations that do not accept minors.

4. Cancellation or overbooking of accommodation. The Agency offers the Accommodations in its Platform according to the availability informed by the Suppliers through a computer reservation system. In no case the Agency will offer an Accommodation that does not grant availability in the system. Notwithstanding the above, please note that overbooking is a common practice in the tourism market and, in some countries, this practice is regulated. Overbooking can also happen due to failures in the reservation systems or human failures. In the event that an Accommodation cannot respect your reservation under the contracted conditions, the Accommodation shall provide, at its own cost, an alternative accommodation/room of equal or higher quality than the one originally booked by the User. The Agency, in its capacity as intermediary, will make its best efforts so that the User may enjoy his/her stay without inconveniences.

5. Policies. Do not forget to check the cancellation policies and conditions of the rate of the hotel you are booking.

6. Check-in and check-out times. Without prejudice to the schedules informed for each Accommodation on the Website, the expected number of days of accommodation is calculated from the check-in time and ends at the check-out time of the following day, regardless of the time of arrival and/or departure, and of the full or partial use of the same. The User must bear in mind that the times shown on the voucher are expressed in local time at the place of destination.

7. We inform you that the activity of the Accommodations domiciled in the Republic of Colombia, is governed by a set of rules, including Law 1480 of 2011, Law 300 of 1996 (General Law of Tourism), and its regulatory decrees, in addition to the special provisions established by the Ministry of Commerce, Industry and Tourism and other regulatory authorities and Colombian consumer protection. If the User wishes to make a claim regarding the service provided by the Lodging, he/she can do it directly before the previously exposed organisms, for this, he/she can enter to: www.mincit.gov.co/ and/or www.sic.gov.co.

8. Non-resident foreigners in Colombia are exempt from hotel taxes in Colombia if they can prove that they have entered the country within a period of no more than 30 days at the time of checking in at the hotel, and they will only have to pay the optional hotel insurance, if they want it directly at their hotel. Colombian passengers must pay the taxes and the optional hotel insurance directly at their hotel, if contracted. This validation will be done directly at the hotel.
   
   3.3 Dynamic packages.

3. 1. Functionality. The Website allows the User to make a dynamic package reservation, where the User may add all the Services he/she wishes to acquire following the "shopping cart" modality and pay for all the Services in a single payment. The Agency acts as an intermediary showing the available options and allowing the User to select the Services, Providers and combinations of Services according to his/her own tastes and needs. However, at no time shall the Agency cease to act as an intermediary, in terms of the provisions of Law 1480 of 2011.

   2. Cancellation and change policies for each service. The User is advised that each Service selected to assemble its Package is governed by its own conditions of change and/or cancellation established by each Service Provider and that the modification and/or cancellation of a Service does not affect, in any way, the other contracted Services that will be governed by their own conditions and that must be modified and/or cancelled individually whenever the conditions of the Provider allow it.

   3. Liability. The Agency declines all responsibility for delays, advances or cancellations that may occur on the part of the airlines or transport companies. As well as all those made unilaterally by the service providers

4. Rent a car

   1. Reservation of cars. Each car rental company has its own service regulations and tariffs applicable to car rental. The Agency guarantees that the price informed in the web site for car rental includes the rental of the car for a determined period, the mileage mentioned in each case and the totality of the minimum requirements and insurances required to pick up the car and drive legally in the chosen destination, without contracting insurances or additional elements. The rental rate does not include the payment of fines, violations, towing, gasoline, leaving the car in another city, or any other additional service.

   2. Car information. The reservation generated through the web site, assures a class of cars, and not for vehicles of specific brands, years or models, nor of special characteristics that are not common to all the vehicles of the class. The Rentadora guarantees the size and capacity of the car, however the make and model of the vehicles are subject to availability and location.

   3. Request for cancellation or changes. According to what is established by each Car Rental Company, the User will be able to acquire refundable and non-refundable reservations. In the case that the acquired reservation allows reimbursement, the reservation may be cancelled at any time, as long as the User notifies the Agency and/or the Car Rental Company at least 24 hours prior to the pickup of the car. After this period, no refunds can be made. In case of proceeding, the refunds the Agency will manage the refund request to the Renter, and may take between 30 and 45 working days until its effective accreditation.

   4. Particular conditions of the car rental. The rental periods are calculated in blocks of 24 hours. The rental period begins and ends on the dates specified on the voucher. In the event that the car is picked up or delivered out of office hours or outside the hours or places agreed at the time of the reservation, the Car Rental Company may charge additional fees to be borne by the User.

   5. Minimum documents. When the User presents himself/herself before the Car Rental Company, he/she must submit: (i) the service voucher sent by the Agency; (ii) a valid driving license, valid at the place of destination and issued for at least two years; and (iii) an international credit card with sufficient credit to guarantee the reservation. In some cases a passport may be required. In some international destinations, the User may be required to present an international and Interamerican driver's license. This situation arises when the driver is involved in traffic problems or to prove the condition of foreign driver before the traffic authorities.

   6. Guarantee. The User must present an international credit card in the name of the driver at the moment of picking up the car. In the same, the Rentadora will block the quota of the amount corresponding to the franchise as a guarantee, which may be up to double the rate paid for the rental of the car.

   7. Additional charges. We inform you that during the rental period, charges or debits not immediately claimed by the Renter (such as fines for traffic violations or damages, breakages or missing items suffered by the car) may be generated at your expense. The User agrees to pay such fines and additional charges when claimed by Renter. These additional charges depend on the policies of each Car Rental Company and are charged directly by the Car Rental Company without any intervention or interference of the Agency.

   8. Insurance and additional services contracted at destination. At destination, the Car Rental Company may offer you to contract additional services (such as insurance with higher coverage policies, recovery fee, gasoline charge, additional driver charge, GPS, child seats, etc.), which will be contracted directly by you and charged by the Car Rental Company without the Agency's intervention. The hiring of such additional services is voluntary and outside the Agency's control, which is not responsible for the amounts that the User must pay for such concepts.

   9. Tolls. In certain jurisdictions, the User may contract directly with the Car Rental Company an electronic toll service, which will allow him/her to travel comfortably and avoid fines. This service may be freely contracted by the User directly with the Car Rental Company. The Agency reiterates that it is not responsible for such concepts and values.

   10. Drivers under 26 years of age. In some destinations, the Car Rental Companies have policies for drivers between 21 and 26 years of age, in which restrictions and/or additional charges may apply and must be paid at destination. Such charges are not included in the rate.

   11. Jurisdiction. If the User plans to cross a state border, make sure before completing the Purchase Application that the Car is authorized to transit through such destination. Some Car Rental Companies may prohibit or charge an additional fee for traveling in a foreign jurisdiction. Check the terms and conditions of the Car Rental Company in this regard.

   12. Liability regime. For this service is applicable to the rental of cars, we inform you that the intermediation activity of the Agency, regarding the rental or rental of Automobiles, in the Republic of Colombia, is regulated by several rules, the Civil Code, Code of Commerce, Law 1480 of 2011, Law 300 of 1996, and its regulatory decrees, in addition to the special provisions established by the Ministry of Commerce, Industry and Tourism and other regulatory authorities, such as the Colombian Superintendence of Industry and Commerce.

5. Ground transportation tickets / ground activities.

   1. Advance notice for the trip. The User or passenger must be present at the place indicated for the departure of the bus, with the advance notice indicated by the provider of ground transportation services. As a general rule, in the case of ground transportation, the minimum advance notice is one (1) hour before the scheduled departure time. In case of not showing up with the required advance notice, what is contemplated below under the item "Cancellation of the User/Passenger" shall apply.

   2. Baggage. The User or passenger is responsible for the loss or damage of luggage, belongings or objects in their custody.

   3. Itineraries and buses for the provision of the service. The provider of ground transportation services undertakes to make every effort to transport the passenger and luggage with reasonable speed. The departure and arrival times indicated in the schedules of the "select trip" section or elsewhere, are merely illustrative, which is why they are not guaranteed and are not part of the pre-booking, or the contract of carriage with the operator or service provider, by the very nature of the transportation service in the territory.

If necessary, and without prior notice, the carrier may be substituted by other carriers and/or use other buses, with additional services other than those illustrated, even from other companies. Schedules are subject to change without notice.

4. Modifications or changes by the service provider. The ground transportation service provider may make changes that are necessary for the successful completion of the trip and that are not significant. Necessary changes are considered significant if they prevent the total completion of the trip.

In the event that the land transport service provider is forced to make significant changes, it shall immediately inform the passenger, who may accept the modification of the contract in which the changes made and their impact on the price are specified, or withdraw from the contract. The passenger must communicate the decision taken to the land transport service provider within five (5) days from the date of notification of the modification. If the passenger does not communicate his decision within the indicated term, it shall be understood that he chooses to withdraw from the contract.

5. Modifications or changes by User/passenger. The User may request changes or modifications prior to the date of departure, which are subject to the availability of the service provider, in which case the service provider may charge additional costs for the modification of the reservation, each company establishes such costs at its discretion, without the Agency being responsible for such costs.

6. Non-fulfillment due to force majeure. The Agency is not responsible for the non-compliance of the ground transportation service companies in the execution of their obligations, matters or facts of force majeure, acts of God or events such as unilateral modifications, strikes, weather conditions, delays, road closures caused by the authorities or third parties, earthquakes, health issues, security conditions, political factors, denial of entry permits, withdrawal of the traveler due to conducts that attempt against the completion of the trip, nor for material, personal or moral damages that the passenger may suffer due to loss, damage or theft of luggage, nor for accidents, illnesses or deaths, cases listed by way of example. In case of any of these situations, the User must claim directly to the companies providing the unfulfilled service.

7. Responsibility of the Agency and the service provider. They are defined as follows. (i) The Agency and the service provider are obliged to respond to the passenger for the correct fulfillment of the travel contract according to the obligations that correspond to them by their respective scope of management of the trip. (ii) The land transportation service provider is liable for the damages caused to the passenger for the non-execution or deficient execution of the services included in the trip, as well as for the damages resulting from the non-fulfillment of any other obligation that corresponds to its scope of management in accordance with the applicable legislation. (iii) The Agency facilitates the sales channel acting as an intermediary in the sale of the trip proposed by the land transportation service provider, is liable for the damages caused to the passenger due to the errors it has made in informing him/her about the trip, for having omitted the information it should have provided and, in general, for having failed to comply with any other obligation that corresponds to its scope of management of the trip. In this sense, the Agency fulfills intermediary functions between the client and the ground transportation service provider, therefore it is exempted from any liability due to cancellations, schedule changes, poor performance, among others, on the part of the ground transportation service provider.

8. Causes for exoneration of liability. (i) For defects observed in the execution of the contract are attributable to the passenger. (ii) That such defects are attributable to a third party not involved in the provision of the services contemplated in the contract and are of an unforeseeable or insurmountable nature. (iii) That the aforementioned defects are due to force majeure, understood as those circumstances beyond the control of the party who invokes them, abnormal and unforeseeable, the consequences of which could not have been avoided, despite having acted with due diligence. (iv) That the defects are due to an event that the Agency or the land transportation service provider, despite having used all due diligence, could not foresee or overcome.

4. Authorized Use

The Agency is the owner of the Site and has the corresponding authorizations for the use of the published contents, as well as the codifications implemented on the Site. Any modification, alteration, use of software, corporate image, logos and links between websites must be expressly authorized in writing by The Agency.

This Web Site has been designed solely and exclusively for your personal use. It is forbidden to commercialize the content, products, information, software and services obtained from this Site.

5. Portfolio of services

Remember to check the terms and conditions per service or product, which may apply to reservations, purchase of goods and services and other sections of this site, depending on the specific service provider and that you as a User agree to accept such clauses.

6. Advertising

Portions of the Site may host advertising content or be sponsored. Advertisers and sponsors are solely responsible for ensuring that material submitted for inclusion on the Site complies with applicable laws. The Agency shall not be liable for any errors, inaccuracies or irregularities that may be contained in advertising or sponsor content.

7. Connections and links to third party portals.

This Website may contain links (links) that communicate with portals operated by third parties independent of the Travel Agency's website.

The Travel Agency has no control over them and is not responsible for their contents. The inclusion of these sites on the Travel Agency's website does not imply any association with such third parties or their operators. This website has links to other websites, please note that when you enter one of these links, you are entering a portal outside the website of this Travel Agency and this Travel Agency has therefore no responsibility. You are advised to read the privacy instructions of these sites, as these may differ from those offered by this Travel Agency.

8. Global Distribution Systems

The information provided on our Web Site regarding schedules, availability and online reservations of cars, hotels and flights are the property of Global Distribution Systems (GDS). This Site has been created using data obtained from various sources. No warranty is made as to the availability, accessibility, accuracy, timeliness or any other aspect of the information contained herein.

9. Security and Privacy

The information you provide on our site is protected by proven and highly reliable security systems.

1. Security Risks you should be aware of when making transactions on the Internet

   1. It is possible that a user may be tricked by means of e-mails or some DNS server deception, to visit a fake site with the same design, but where the card data is loaded into the fake system, stealing information from the cardholder. Therefore, it is important to generate the culture that users should enter directly through known domains to reduce risks.

   2. It is possible that the computer where the user is performing the transaction, has installed without prior knowledge of the user, some spyware or malicious software that captures everything typed on the keyboard or captures information from input devices and sent to a network or host on the Internet. Therefore, it is recommended that the transaction be made on a home or office computer.

   3. User impersonation may occur or the user may refuse to have sent and/or received the transaction and it may be used by a third party.

10. Authorization habeas data.

When registering your data in our web portal in order to make a purchase, you authorize Netactica Colombia SAS society duly constituted and existing under the laws of the Republic of Colombia, identified with Nit. No. 900132867-1, so that directly and/or through its business unit Netviajes, its employees, directors and/or financial service providers collect, store, manage, process, transfer, transmit, suppress, use and/or in any way carry out the use of your personal information, use and/or in any way perform operations on any information that may be directly or indirectly related to you (the "Personal Data") that you provide through the web portal and/or that we request from time to time and to report information on credit, financial, commercial and service behavior to third parties and to the CIFIN S. A. information central. A, or homologous entities in other countries, generating a consultation footprint. This authorization includes the power for Netviajes to transmit or transfer your data, including those that may be sensitive data within or outside the Colombian territory, regardless of the level of protection held by the receiving country. Through the web portal we will request Personal Data such as name and surname, date of birth, e-mail and any other Personal Data that is informed in the Privacy Policy.

The Personal Data provided in the web portal will be processed for the purpose of processing, confirming and complying with the services purchased, as well as for the completion of the reservation, modifications, cancellations and itinerary changes, refunds, attention to queries, complaints and claims, payment of compensation and indemnities, accounting records, correspondence, processing and verification of credit cards, debit cards and other payment instruments, promote and advertise our activities, products and services, perform financial transactions of payments, collections or refunds, attend legal proceedings, make reports or meet requirements of the different national or international control and surveillance administrative authorities, police or judicial authorities, banking entities and/or insurance companies, for internal and/or commercial administrative purposes, including market research, audits, accounting reports, statistical analysis, invoicing, and offering and/or recognition of benefits through loyalty programs, for the execution of the transportation contract and other services and complementary activities, identification of fraud and prevention of money laundering and other criminal activities and/or for the operation of loyalty programs.

By accepting these Terms and Conditions and registering your Personal Data on our web portal you acknowledge that you have been informed of your rights in respect thereof. To learn more about your rights to (i) know, update and rectify your Personal Data, (ii) request proof of authorization, (iii) submit requests, complaints or claims, (iv) file complaints for violation of the law, (v) revoke authorization and request access to your Personal Data, the ways to exercise them and the purposes of treatment, we invite you to consult the Privacy Policy. In case you have any doubt related to your Personal Data please contact us by e-mail servicioalcliente@netviajes.co

11. Authorization for the consultation and processing of financial data in credit risk centers.

With the acceptance of this Privacy Policy, you expressly and irrevocably, freely and voluntarily authorize Netviajes or whoever represents your rights or holds in the future in any capacity as creditor, to report, consult and disclose to the Banking Association and Financial Institutions of Colombia ASOBANCARIA, or any other operator and / or legally established source of information, all the information regarding its behavior as a client related to the birth, execution, modification, liquidation and/or extinction of the obligations derived from the present contract, at any time, and which may be reflected in the databases of CIFIN or any other legally established operator and/or source of information. The permanence of the information shall be subject to the principles, terms and conditions set forth in Law 1266 of 2008, Law 1581 of 2012 and other rules that modify, clarify or regulate it. Likewise, you expressly and irrevocably authorize Netviajes to consult all the financial, credit, commercial, service and other information coming from other countries, related to the commercial relations you have with the financial, commercial and service system, or any other sector, both in Colombia and abroad, at any time.

The present authorization is extended so that Netviajes can share your financial information with public or private third parties, whether they hold the condition of information sources, information operators or users, with whom you have legal ties of any nature, all in accordance with the provisions of the current legislation in Colombia on protection of personal data.

12. Against child pornography

In development of the provisions of Article 17 of Law 679 of 2001, the agency warns the tourist that the exploitation and sexual abuse of minors in the country are criminally and administratively punishable, according to the laws in force. Likewise, in compliance with Resolution 3840 of December 24, 2009 and according to Article 1 of Law 1336 of July 21, 2009, Netviajes welcomes and promotes the regulations and applicable local and international legislation on prevention of exploitation, pornography and sexual tourism with minors in the development of its tourism activity.