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BOOKING TERMS AND CONDITIONS

 

PLEASE ENSURE YOU READ AND UNDERSTAND PRIOR TO BOOKING A TRIP WITH US.

 

1. The Contract

Aracanto S.A.S. (‘the Company’, ‘we’, ‘us’, ‘our’, ‘Aracanto Colombia’, ‘Aracanto Travel’ and ‘Aracanto Colombia Travel’) identified with the national tourism registry 62902 is a Colombian travel agency who operates luxury trips within Colombian territory with the ground experts and third parties’ airlines and hotels. Consequently, Aracanto is a Colombian company subject to the liability regime established in the Law 300 of 1996, the Decree 1074 of 2015 and the Law 2068 of 2020. Aracanto accepts provides tour, travel, travel consulting service and trip (‘tour’, ‘travel’, ‘trip’, ‘travel consulting service’) bookings subject to the following conditions, therefore, please take the time to read and understand all conditions prior to booking a trip.

 

By booking a tour or trip with us you acknowledge that you have read, understand and agree to be bound by these terms and conditions (‘the terms’) which constitutes the entire agreement between you and us. If you make a booking on behalf of other participants, you guarantee that you have the authority to accept and do accept these terms on behalf of the other participants in your party.

 

Your booking is confirmed, and a contract exists at the point when we issue a written confirmation that your trip or tour has been reserved following receipt of the applicable deposit or the travel consulting fee amount.

 

You must be at least 18 years of age to make a booking.

 

 

2. Our service

Our services consist in operate your trip in Colombia through our local experts by: elaborating your personal day-by-day travel itinerary via an online link and in PDF, curated to your preferences, in-destination support (email, WhatsApp, messages or phone), exclusive experiences available only for Aracanto clients, coordinating guides and tours with the most reliable and professional local suppliers, supporting with all transportation arrangements, Hotels, activities, and logistics, restaurant recommendations and reservations, insider travel tips and Colombian local know-how and useful and essential travel information for Colombia and for your specific destinations included in your itinerary.

 

Our service does not include tourist cards, entry cards to the selected destination, other taxes established by the competent authorities Items not specified in the purchased plan.

 

 

3. Bookings, Deposits and Reservations

To secure your place on a trip you are required to pay a deposit of the overall trip price and the remaining amount must be paid no more than 30 days prior to the trip date. If your booking is made within 30 days of departure than the full amount is payable at the time of booking. Payment is possible by credit card, or bank transfer. When your deposit funds have been received by Aracanto a contract between you and Aracanto comes into existence.

 

 

4. Cancellation by the Traveler

Should you wish to cancel your booking, cancellation fees will apply and are expressed as a percentage of the overall price of the trip.

 

a) There is a 30% non-refundable deposit due at the time of confirmation

b) after that period, and 60-46 days prior to arrival – there is a 50% penalty of the full trip price

c) after that period, and 45-31 days prior to arrival – there is a 75% penalty of the full trip price

d) less than 30 days prior to arrival – we will retain 100% of the overall trip price.

Cancellation will only be effective when we receive written confirmation of the cancellation.

 

Unused trip portion: If you leave a trip or tour for any reason after it has commenced we are not obliged to make any refunds for unused services.  If you fail to join a tour, join it after departure, or leave it prior to its completion, no refund will be made.

 

Cancellation fees may vary for certain custom itinerary tours; your Aracanto consultant will specify cancellation fees prior to making your reservation. 

 

To cancel your booking, you must send written notice to us by email to info@aracanto.com. Cancellation fees will be applied per person according to the schedule set forth in this section.

 

It is recommended that comprehensive travel insurance is taken out which includes cover against cancellation charges. All claims must be made direct to the insurance company.

 

 

5. Cancellation by Us

If Aracanto is forced to cancel your trip, we will let you know with as much notice as possible. In these circumstances you can choose from two options:

a) you can transfer amounts already paid towards another Aracanto trip on a future departure date.

b) receive a refund

 

This guarantee is not applicable in the case of Force Majeure (see clause 12). In such circumstances where the cancellation is due to external events outside our reasonable control refunds will be less any unrecoverable costs.

 

We are not responsible for any incidental expenses that you may have incurred as a result of your booking including but not limited to visas, vaccinations, travel insurance excess or non-refundable flights. You are advised only to book fully flexible transport and other arrangements which can be cancelled or changed without charge.

 

 

6. Changes to Booking (by you)

If you want to make any changes to your itinerary, you must notify us at least 20 days prior to departure of the original confirmed booking. If you request any changes, any charges levied by our suppliers such as hotels; cancellation or booking fees, ground operators; fees, or airlines; costs and penalties, will not be included and will be treated as additional costs. No amendments are permitted to your booking within 7 days of departure. Changes are subject to availability.

 

 

7. Changes to Itinerary (by us)

While we endeavour to operate all trips as described in the published itineraries we always reserve the right to change the trip itinerary. Changes may be necessary as a result of unforeseen circumstances, operational concerns, concerns for your health, safety, enjoyment or comfort. Any changes are at the discretion of Aracanto. This includes the right to replace guides, alter accommodations, change transport, modify the order in which places are to visited, and make any other changes to the itinerary. We will inform you of any such changes as soon as reasonably possible.

 

 

8. Personal Details

In order for us to confirm your travel arrangements (internal flights, accommodations, permits and other inclusions) you will be required to provide some personal details including (but not limited to) full name as per passport, date of birth, nationality, passport number, passport issue and expiry date and any pre-existing medical conditions you have which may affect your ability to complete your travel arrangements.

 

You are responsible for ensuring that all information you provide is accurate and up-to- date. If a change is required any extra costs incurred for making the change will be charged to you. If you fail to provide all required information prior to the date on which full payment is due it may result in additional charges or non-refundable cancellation of your trip.

 

You may also be requested to complete a pre-trip survey to enable us to better personalise your experience.

 

 

9.  Authority on Tour

Our trips are led by a Tour Leader, Host or Guide (‘tour leader’, ‘host’, ‘guide’). The decision of the host is final on all matters likely to affect the safety or well-being of any traveler or staff member participating in the trip. If you fail to comply with a decision made by the host, or interfere with the well-being or mobility of the group, the host may direct you to leave the trip immediately, with no right of refund. You must at all times comply with the laws, customs and regulations of Colombia.

 

 

10. Photos, Video and Marketing

Aracanto reserves the right to take photographs and video during the operation of any program, or part thereof, and to use them for promotional purposes during the program and thereafter. By booking a program with Aracanto, guests agree to allow their images to be used in such photographs and video. Guests who prefer that their images not be used are asked to identify themselves by writing at before the beginning of their trip.

 

 

11. Discounts

Aracanto may offer discounts or reduced pricing on specific trips. Any such reduced pricing applies strictly to new bookings only and may become available after you have already paid your deposit and confirmed your place on a tour. Bookings for which the traveler has already paid a deposit are locked into their original price and are not entitled to the reduced pricing.

It is possible that different passengers on the same trip have been charged different prices. Your best option if you like the price you see is to book at that time.

 

 

12. Activities and External Suppliers

Optional items not included in the trip price – such as any activity, transportation, meal, product, service or event not explicitly stated in the itinerary – do not form part of the trip or this contract. You accept that any assistance given by your tour leader, host, travel planner, or guide (‘tour leader’, ‘host’, ‘travel planner’, ‘guide’) in selecting, arranging or booking optional activities does not render us liable for them in any way. The contract for the provision of that item will be between you and the external supplier or activity provider. If you decide to participate you do so voluntarily and should take precautions to ensure your own safety.

 

We do not guarantee that any optional activity or excursion mentioned on our website or marketing materials will be available to book during your trip as these services do not form part of our contract and are not under our control. We will not be liable if the activity, external supplier, accommodation, or excursion does not operate as advertised.

 

 

13. Force Majeure

We regret we cannot accept liability or pay any compensation where the performance of our obligations under our contract with you is prevented or affected by or you otherwise suffer any injury, damage, loss or expense of any nature as a result of “force majeure”. In these conditions, “force majeure” means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include war or threatened war, global pandemics, mechanical breakdowns, riots, civil strife, terrorist activity, industrial dispute, adverse weather conditions, disease, fire and all similar events outside our reasonable control.

 

We will try our best to postpone your trip to a future date and roll over the recoverable balance for your future date.

 

 

14. Travel Insurance

Travel insurance is mandatory for all our travelers and should be taken out at the time of booking. Your travel insurance must provide cover against personal accident, death, medical expenses and emergency repatriation with a recommended minimum coverage of US$200,000 for each of the categories of cover. We also strongly recommend it covers cancellation, curtailment, personal liability and loss of luggage and personal effects.

 

It is your responsibility to ensure that you have sufficient coverage and comply with the terms of the applicable insurance plans. You are responsible for understanding the specifics of your travel insurance policy, ensuring that your policy covers all optional and included activities listed in the trip itinerary, and ensuring that there are no exclusion clauses that would limit the coverage that you might reasonably need.

 

 

15. Passports, Visas and Vaccinations

You are responsible for arranging and must be in possession of, a valid, acceptable passport and any visas and vaccination certificates required for the whole of your tour.

Please check with the appropriate consulate or embassy for the latest entry requirements. Your passport must be valid for 6 months beyond the duration of the trip.

 

Information about these matters or related items (climate, clothing, baggage, personal belongings, medical requirements, vaccinations, etc.) is given in good faith but without responsibility on the part of Aracanto. We are not responsible if you are refused entry to a country because you lack the correct passport, visa, health requirements or other travel documentation.

 

You agree that you are responsible for the full amount of any loss or expense incurred that is a direct result of your failure to secure or be in possession of proper travel documentation and country requirements. If you are unable to join your trip, you will not be reimbursed or refunded any amounts as per the Aracanto cancellation terms.

 

 

16. Health and Medical

You agree that you do not have any condition, physical or mental, that would create a hazard for you or other travelers or affect other people’s enjoyment of the trip. If you have a physical condition, dietary restrictions, or other conditions (pre-existing medical) that will require special attention during the trip, or stop you from participating in any activities described in the itinerary, you must inform us in writing when the booking is made.

 

Note that we are not a medical authority. We assume no responsibility for any medical care provided to you. You agree to assume all costs of medical care and related transportation that are provided to you during the trip.

 

 

17. Travel Advisory

While we always monitor closely the security situation in the places we visit, and may provide information, it is your responsibility to become informed about the areas where you are going to travel including any travel advisories and warnings issued by government authorities in your country.

 

 

18. Complaints and Claims

If you have a complaint during your trip please inform your host at the time in order that they can attempt to rectify the matter. If satisfaction is not reached through these means, or you wish to claim compensation, then please notify us in writing within 30 days of the tour end date. Contact us at

 

 

19. Acceptance of Risk

You acknowledge that Aracanto trips are adventurous in nature and participation involves a degree of personal risk to your health and safety. You will be participating in adventurous activities and visiting places where the political, cultural and geographical attributes present dangers and physical challenges greater than in your daily life.

 

It is your own responsibility to acquaint yourself with all relevant travel information, consider the potential risk to your health and safety, and take responsibility for the decision to participate in the trip in light of these risks.

You hereby assume responsibility for all such risk and release Aracanto from all claims and causes of action arising from any losses, damages or injuries or death resulting from risks inherent in travel, including adventure travel specifically, visiting foreign destinations, and participating in adventurous activities such as those included our itineraries.

 

During the tour you agree to take all prudent measures in relation to your own safety including, but not limited to, the proper use of safety devices (including seatbelts, harnesses, flotation devices and helmets) and obeying all posted signs and oral or written warnings regarding health and safety. Neither Aracanto nor its third-party suppliers are liable for loss or damages caused by your failure to comply with safety instructions or warnings.

 

 

20. Limitation of Liability

a) We will accept liability for the negligence of our staff or agents causing death or physical injury to persons or loss or damage to personal property only to the extent it is obliged under the applicable law.  Our obligations, and those of our suppliers, are to take reasonable skill and care to arrange for the provision of such services and facilities. This acceptance of liability is subject to clause

c) below.

b) In other circumstances we are responsible to you for the proper performance of this

contract. This acceptance of liability is subject to clause c) below.

 

c) we shall not be liable for any damage or loss if the failure to carry out the contract is:

- attributable to you.

- attributable to a third party unconnected with the provision of the services contracted for and the event is unforeseeable or unavoidable.

- due to unforeseen and unusual circumstances beyond our control, the consequences of which could not have been avoided even if all due care had to be exercised.

- due to political disputes, border closures, refusal of visas, industrial action, climate or other matters of a similar nature and any other force majeure.

- due to an event that Aracanto, even with all due care, could not have foreseen.

 

d) Except in cases involving death, injury or illness, any liability covered under clause b) above is limited to 3 times the price paid.  In the case of damaged property, the liability is limited to a maximum amount equal to the amount paid by or on behalf of the owner of the property. In all cases Aracanto excludes all liability for indirect or consequential loss or expense including loss of profits and in all cases our liability will be limited in accordance with and/or in an identical manner to the contractual terms of the companies that provide the transportation for your travel arrangements.

 

e) our acceptance of liability in clauses a and b above is subject to assignment by you of your rights against any agent, supplier or sub-contractor which is in any way responsible for the unsatisfactory arrangements or your death or personal injury.

 

f) Aracanto shall not be liable for the provision of air transportation service; the provision of such service, delays or unforeseen changes in flight schedules arranged by the airlines, the rights of the user, and the procedures to make effective the refund of money to which these events give rise are governed by the provisions of the Colombian Aeronautical Regulations (RAC 3), considering the particularities of the airfare purchased.

 

g) The responsibility for the care and custody of personal items falls exclusively on you. In case of carrying valuables, you must inform to Aracanto in order to take all necessary care measures to protect such objects; otherwise, the losses and damages suffered on such objects would be the responsibility of the user without the possibility of requesting compensation or damages.

 

h) Aracanto reserves to itself the right to expel a user when his behavior was disciplinary and/or criminally reproachable and the behavior has generated inconveniences in the normal execution of the service and causes disturbance to third parties. It is understood that the behavior is reproachable when it violates morality, public order, and good customs. The user must assume at his own risk and expense, the expenses generated by the exclusion of the program, and shall be solely and exclusively responsible for claims for compensation and/or compensation for damages made by affected third parties, including the service provider, holding harmless the agency and the service providers on such situation.

 

 

21. Severability

In the event that any term or condition contained in these Booking Conditions is unenforceable or void by operation of law or as being against public policy or for any other reason then such term or condition shall be deemed to be severed from this contract or amended accordingly only to such extent necessary to allow all remaining terms and conditions to survive and continue as binding.

 

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22. Domicile and dispute resolution

The tourism service is hired in Bogota and therefore, any legal dispute shall be attended in Bogota in an arbitration court in the Chamber of Commerce of Bogota.

 


Any Questions?

We hope these Booking Conditions have been helpful.

If you have any questions that haven’t been covered, please contact us at info@aracanto.com

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