TERMS AND CONDITIONS CARTAGENA BOAT CHARTERS
These General Terms and Conditions (hereinafter the “Terms and Conditions”), regulate the access, treatment and / or use that you (“User // customer”) make as a person on the website, content, product contracting and services of CARTAGENA BOAT CHARTERS SAS (hereinafter “CBC”), established in Colombia by means of a Private Document of August 28, 2018, registered on August 31, 2018 under number 143,176 of book IX, domiciled in Cartagena DT and C. with the NIT 901210012-8, as stated in the Certificate of Existence and Legal Representation of the Cartagena Chamber of Commerce.
REFRAIN FROM USING ALL AND EVERY OF THE SERVICES OF CARTAGENA BOATS CHARTER
WITHOUT PREVIOUSLY AND CAREFULLY READING THE FOLLOWING CONDITIONS:
1.1. Definition and Scope of the Service
(CARTAGENA BOAT CHARTERS SAS), through the Web Page, telephone channels or direct contacts in the company’s facilities, provides for the Users / CLIENTS, but without limitation, the services of: Leasing or rental of boats (Boats or yachts) to develop recreational tourist activities or water sports.
CBC will make available to the CLIENT on the date and time stated in the respective reservation, a boat or yacht, with enough gasoline for previously established trips, that is in perfect operating conditions, complying with the safety regulations established by the competent Authority , as will also provide the competent crew for the operation of the boat (Captain, Co-Captain and Assistants as the case may be) and will supply the refrigerators available on board the boat with ice.
The boats that are rented must be used solely and exclusively for travel or recreation and water sports contracted and established in the reservation confirmation.
1.2. Additional services
Depending on the client’s requirements, CBC will additionally supply the following services: catering or prepared food sales, liquor sales, bartender staff, chef / cook, cleaning, supply of towels, sale of caps, water sports instructors and their elements.
These services may be requested in the reservation or later, which will be subject to their availability. These services will be billed separately to the client.
1.3. Conditions of delivery of the boat.
The rental of the lachas or yachts by CBC will be subject to availability at the time of booking. CBC will deliver the data of the crew, the information and the location of the boat, via email or physically at its facilities, no later than 3 hours before the scheduled time.
CBC may select any of the vessels at its disposal that are available to provide the service, always respecting the contracted characteristics.
The photos of the boats exposed in the catalogs or on the CBC website, are an example of the boats or yachts that would be delivered at the time of providing the service, at no time is CBC obliged to deliver a specific boat for rent.
1.4. Ship delivery and return policy.
The boats will be delivered to the CUSTOMERS in locations or docks previously designated by CBC, in the same way the captain will not be able to pick up any passenger at any point other than the one designated by CBC. The captain and the client must respect the maximum allowed number of people on board. Only people who have previously been registered by the client may board the boat. Minors can not be boarded on boats without authorization from their parents or legal guardians who can legally demonstrate their quality.
The delivery of the boats will be made at 9:00 am and for the return it will be made no later than 5:00 pm. The delivery and return hours may be modified according to the negotiations that CBC and the client have, but always guaranteeing the safety of the crew and the provisions of the competent authorities.
In the cases that the boats are delivered before the maximum stipulated time, the client will not have the right to refund the payment of the service fee.
The return that is made after the maximum stipulated time, will have a surcharge of 20% of the rental value per hour or fraction of delay.
The boat must be returned to the same place or pier where it was delivered. This place can only be modified, when previously stipulated in the reservation confirmation or later, when CBC expressly authorizes it. The boat must be delivered in the same conditions in which it was delivered except for the consumption of consumable items (ice, gasoline and others).
1.5. Obligations and duties.
1.5.1. CBC obligations.
The obligations that CBC must fulfill in the execution of the service are the following.
- 184.108.40.206. Place the rented boat in good working order and with the contracted specifications at the client’s disposal.
- 220.127.116.11. Place the boat at the place and time established in the reservation confirmation.
- 18.104.22.168. Make the crew of the boat available to the client, with their respective navigation and training licenses.
1.5.2. Obligations and duties of the client.
The client’s obligations and duties are as follows:
- 22.214.171.124. Cancel in advance all the values related to the service to be provided.
- 126.96.36.199. Make good use of the boat and its elements.
- 188.8.131.52. Receive and deliver the boat at the place and time stipulated.
- 184.108.40.206. Ensure compliance with the applicable regulations on safety inside boats.
- 220.127.116.11. Ensure compliance with the laws and policies of CBC, for the prevention of abuse of minors.
- 18.104.22.168. Respond for any damage suffered by the boat or its elements, due to the fault of the client or his companions.
- 22.214.171.124. Inform CBC or the authorities, if appropriate, about any news that happens on the boat or during the provision of the service.
- 126.96.36.199. Accept the orders of the Captain of the boat at all times, being this the commander of it.
The limitations of liability, the waiver and indemnity included in this section are not intended to limit the due liability, obligations and duties that CBC must keep, in favor of the rights of its CLIENTS, according to the applicable law.
CBC maintains a process of constant verification and audits of both vessels and the crew of each of them, to validate that the mechanical and safety conditions, as well as the training and qualification of personnel, for the provision of the service offered are in rule and current.
CBC does not guarantee the quality, suitability, safety or ability of third party providers of additional services. You agree that any damage derived from your use of the services and any services or requested in relation to them, will be solely yours, to the maximum extent permitted by applicable law.
1.6.1. Liability limitation:
CBC will not be responsible for indirect, incidental, special, exemplary, punitive or emergent damages, including lost profit, loss of data, personal injury or damage to property, nor for relative damages, in relation to, or of otherwise derived from any use of the services, even though CBC has been warned of the possibility of such damages. CBC will not be responsible for any damage, liability or loss derived from: a) your use or dependence on the services or your inability to access or use the services; or b) any transaction or relationship between you and any third party provider, even if CBC has been warned of the possibility of such damages. CBC will not be responsible for the delay or lack of execution resulting from causes that go beyond CBC’s reasonable control.
The client agrees to hold harmless and respond to CBC for: a) any claim, demand, loss, liability and expense (including attorney’s fees) arising from the use of CBC services; b) non-compliance and / or violation of these conditions; c) the damage derived from the use, by CBC, of the client’s content; or d) infringement of the rights of any third party, including third party providers, in good faith.
1.6.3. Client prohibitions:
To comply with the Terms and Conditions, the user may not: Distribute, license, lease, resell, transfer, exhibit, publicly present, transmit, retransmit, or exploit CBC services. As well as it will not be able to modify, reproduce, prepare derivative works on the services, except express permission signed by CBC. The Client may not overload, block or perform any maneuver tending to generate an incident, improper operation and / or malfunction of the vessels. The user cannot obtain unauthorized access or damage the vessels.
In the event that the client improperly uses the Service, and / or seeks or achieves that Services are done without a report and at the direct account of the captain, he accepts the imposition of a pecuniary sanction equivalent to five (5) times the value of said service, the which is obliged to cancel immediately, with the sole presentation of evidence by the company, authorizing it to be collected through your means of payment or any amount of money you have in favor of the client or your registered payment method is discounted. Likewise, the company may automatically suspend the provision of services.
It is considered as improper use of boats also:
- Failure to pay for the Services provided.
- Violation of anti-child abuse policies.
- Sale or consumption of illicit drugs during the service.
- Navigate to places other than those previously contracted.
- Give gifts or money to the crew of the boat to breach the safety regulations or to carry out improper or prohibited acts in these terms and conditions.
- Enter unauthorized people to the boat.
The Client will not be able to use the CBC services, when the latter has a serious or chronic medical condition, in the event of having such status, the user must promptly notify CBC officials, who must refrain from providing the service, to avoid situations that may threaten the physical integrity of the person.
1.6.4. Force majeure or unforeseeable circumstances.
In the event of popular protests, natural disasters or any other eventuality that is configured as force majeure or fortuitous event (“Strange Cause”), and therefore affects travel times or makes the provision of the service impossible, CBC is exempt from compliance with the times of the Service and / or the fulfillment of the service itself.
In the event of rain, the times of the services may be altered without this being considered as non-compliance by CBC.
2. Service reservation policies
The boats that will provide the service will be subject to the availability at the time of booking and this is confirmed with payment.
CUSTOMERS can request the Services through the website, telephone channels and authorized personnel. CUSTOMERS must register through the forms created to request physical or electronic services, via the website, as well as sign the commitment forms for compliance with security regulations and disclaimer. The value of the services will be determined when requesting the service and will depend on the packages offered at the time or the different services requested by the client.
The client agrees that when making a reservation for a CBC service; You are entering into a binding contractual relationship with the service provider, with all the implications, obligations, duties and rights provided by law.
2.1. Change or Reprogramming of the reservation
The client can change or reschedule the reservation up to 24 hours before the date and time established for the provision. This change will be subject to the availability of the boats at the time that the client wishes to reschedule.
In order not to apply any penalty cost in the reprogramming, the client must send their request with a maximum of 30 days prior to the date of the original reservation.
In the event that the rescheduling is requested in a time less than the days indicated above, a surcharge of an additional 30% of the value of the original reservation will be charged.
Reprogramming is not allowed the same day of the provision of the service. Money refunds are not accepted for any reason, regardless of whether the service is provided or not.
2.2. Cancellation policy.
The Client may request the cancellation of the reservation at any time and must send the request for the cancellation of the reservation by email. The Client may receive 50% of the refund on the total value of the reservation up to 30 days before the date of the original reservation. The Client will not receive any refund of the payment if the cancellation of the reservation is made within 30 days from the date of the original reservation.
The user agrees to treat all service providers respectfully, in case of differences or claims, these must be sent directly to CBC. Please check our procedure for PQRS (Petitions – Complaints – Claims-Suggestions).
2.3. Ability to use the services:
By virtue of the conditions of legal capacity which are established in the Colombian Civil Code and the validity of the expression of will through electronic means established in Law 527 of 1999, the CLIENTS at the time of making the reservation, expressly express have the capacity to celebrate the type of transactions that can be carried out; and based on the provisions of law 1098 of 2006, minors have the capacity to carry out this type of transaction, however the Operator must: i) Exclude from the information system the data on minors that have been reserved by Internet; ii) To inform the authorities of any situation, of which it is aware, that endangers the integrity of a minor;iii) Inform minors who are interested in acquiring the Services through the website using electronic means of payment, who must carry out the economic transaction electronically through their parents or legal representatives, prior registration of the reservation by them.
To make the reservation, the client must have capacity and be of legal age. The client has no power to transfer or transfer his reservation to any other person or entity. Regarding the information provided to CBC, you declare: that you are the owner of the information contained in the reservation and have all the rights, licenses, consents and permissions necessary to grant CBC, the treatment of the content in it; In addition to the above, the client declares that the content of the reservation will not infringe, misuse or violate the intellectual property or property rights of any third party, according to the applicable law, in the specific case. You agree not to provide user content that is defamatory, libelous, violent, obscene, pornographic, illegal or otherwise offensive, as rated by CBC,Consequently, CBC, in its sole discretion and at any time and for any reason, without prior notice, may review, control or delete content of the reservation, but without being obliged to do so.
The CBC organization will verify the documentation of the client and companions before the competent authorities to verify judicial records before providing the service. CBC will have the power to cancel the reservation or not provide the service unilaterally for security reasons at its discretion, without prior notice, this being the only cause that would merit the return of money. The exercise of this power, will not generate in any case to CBC or the client, any type of penalty or additional charge.
2.4. Purpose of using the services
The CLIENT agrees, under his responsibility, to only use the rented boats for the purposes defined in these Terms and Conditions and purposes permitted by law. The Client will not use the boats to cause discomfort or inconvenience to others.
3. Payments and Fees
The Client accepts that, for the use of the services, it may result in charges for the services or goods that he receives from third-party providers of content, supplies, food, liquor, water sports elements and any other service offered.
CBC may modify at any time and without prior notice, the rental rates and provision of services. These rates are standard, but CBC as it deems and in a special way, may negotiate with the client a different rate value.
After you have completed the service request, CBC will facilitate, through a payment gateway, your payment for the contracted services. The payment of the services will be considered, only under these Terms and Conditions, as the payment made directly by you to CBC. Final and non-refundable payments made by you, unless CBC, under an exception, determines otherwise. CBC will respond to and evaluate any request from a Client to modify the pre-established charges for a service or in particular. The Charges will include taxes and fees, possibly applicable, when required, according to the law that determines it. If the payment method determined by you is determined to have expired, is invalid or is otherwise useless to charge you, CBC reserves the right, as a collection agent,to manage a secondary payment method, make a charge collection process, escalate unsatisfactory collection processes to pre-legal and legal and even report in credit bureaus for unpaid user charges.
Once the payment has been made and verified, CBC will issue the Reservation Confirmation, constituting this as proof of the service provision contract between the client and CBC.
The client authorizes CARTAGENA BOAT CHARTERS SAS OR whoever represents their rights or holds the status of creditor in the future to consult, report, keep, supply, request or disclose to the risk information centers, all the information regarding my commercial behavior. The foregoing implies that the fulfillment or non-fulfillment of my obligations will be reflected in the aforementioned databases, where all the data regarding my current and past behavior vis-à-vis the financial sector, in general and in relation to the financial sector, are recorded in full. fulfillment of my obligations.
For the purposes of reporting information on my financial or credit behavior, I expressly accept that the prior communication referred to in Article 12 of Law 1266 of 2008, be done either by phone, through SMS text messages and MMS, in billing, through my email or to the physical addresses that I have informed when creating the account on the platform.
CBC, at any time and under discretionary functions and criteria, reserves the right to establish, prosecute, eliminate and / or review charges and payments for all or part of the services or goods obtained, through the use of the services, that allow communication with third party providers.
4. Other provisions
4.1. General disposition:
You may not assign or transfer these conditions, in whole or in part, without the prior written consent of CBC. There is no agreement between you, CBC or any third party provider, a joint venture or partner relationship, employment or agency as a result of the contract between you. and CBC or the use of the Services.
These conditions constitute the entire contract and the understanding between the parties, in relation to the described object, and replace and replace all previous or contemporary contracts or agreements, in relation to said object.
CBC may notify by means of a general notification in the services, by means of an email, sent to its electronic address – prior authorization, for the pertinent, according to the data processing policy. You can notify CBC by written communication to email@example.com
5. Policy for the treatment of personal data
6. CBC Service Level Agreements
Control regarding the humanized, respectful and safe treatment of CBC CLIENTS towards the crew of the vessels: CLIENTS will be qualified by the crew for each of the services they request, after the end of the service. Crew members may rate on a scale between 1 and 5, with five being the best rating for respectful, humane and safe treatment; and 1 being the assessment of disrespectful, inhuman and / or insecure treatment.
Regulations, protective measures and minimum acceptable values in the expected quality of the respectful, humanized and safe treatment of the client towards the crew and members of CBC: CBC reserves the right to verify the care and service provided with ratings of 1 and 2. Understanding this type of assessment as imminent danger to the crew. The CBC Operational Department will verify the qualification taking the testimony of the crew. CBC reserves the right to suspend and / or refrain from providing services to CUSTOMERS who have obtained at least a rating of 1 or 2, subsequent verification. In addition, there will be no refund for CLIENTS, even if the service was not terminated due to disrespect,lack of security or non-humanized treatment of the client towards any member of the CBC team.
7. Service Level Agreements for CBC team members
7.1. Regarding the expected quality of service by CBC team members:
All crew members and other team members must ensure that they provide their services with the best quality and service standards.
7.2. Control of the expected quality of service by members of the CBC team:
The members of the CBC team will be rated by the CLIENTS in each of the services they provide, after the end of the service. CUSTOMERS may rate on a scale between 1 and 5, with five being the best rating for the assessment of excellent care and service and 1 being the rating for unfortunate care and service.
7.3. Regulations, protection measures and minimum acceptable values in the expected quality of service by the crew:
CBC reserves the right to verify the care and service provided for care with ratings of 1 and 2, by the CLIENTS. After verification, it can lead to a refund of the money to the user, or attention to compensate for the impasse. Taking into account the above, CBC reserves the right not to make payment to the crew in services with ratings provided by users of 1 or 2. The verification supports will be exposed and argued before the crew in case of making a refund to the final customer. In addition to the above, if a crew completes three or more ratings of 1 and / or 2; CBC reserves the right to disconnect them from the operation, due to their breach of the minimum standards of expected quality of service.This disengagement may be reviewed by the CBC Operations department if the crew involved formally requests it.
8. Modification of the Terms and Conditions.
CBC reserves the right to modify autonomously and at any time in procedural, substantial and formal aspects, these Terms and Conditions without prior notice to the client. The modifications will take effect from their publication, on the platforms and / or website. Therefore, the latest version published will regulate the relationships generated when using the Services. These modifications will be notified through the website or in physical publications delivered by CBC.
CBC reserves the right to carry out product tests, communication and price at random and without prior notice, within its services with the idea of collecting information that helps improve the provision of services in general.
This policy is effective as of its publication.