TERMS & CONDITIONS
The following Terms & Conditions of use (the “Terms & Conditions“) are intended to regulate the access to the services and products made available to you (“You“, the “User” and / or “Traveler“) by VAOVA S.A.S. and also offered through its website www.vaovatravel.com (the “platform” and / or “VAOVA”).
By entering and making use of the services offered, or the acquisition of complementary products, the User understands and fully accepts the Terms & Conditions that are set out below.
ANY PERSON WHO DOES NOT ACCEPT THESE GENERAL TERMS & CONDITIONS, WHICH ARE MANDATORY AND BINDING, MUST REFRAIN FROM USING THE SITE AND / OR THE SERVICES PROVIDED BY VAOVA.
PURPOSE OF THE TERMS & CONDITIONS
This legal document establishes the Terms & Conditions under which the User will access the platform and make use of the services and products offered by VAOVA. Access and use of the platform by the User are a formal and unequivocal declaration on the acceptance of all the Terms & Conditions described hereof.
VAOVA reserves the right to modify the Terms & Conditions without prior notice to the User. Said modifications will take effect from their publication. It should be clarified that said modifications will not affect the commercial transactions carried out prior to those changes.
The services are only available to people who have the legal capacity to contract. The services are not targeted to be used by people who do not have that capacity, minors or VAOVA’s Users who have been temporarily or permanently disabled, pursuant to the section of Sanctions in these Terms & Conditions. If you are acting on behalf of a Company, you must have the capacity to contract on behalf of such entity and to bind under the terms of this Agreement.
SCOPE OF THE SERVICES
Through the platform, VAOVA allows the User to know and access the tourist services offered, and to serve as a market intermediary between the User and tour operators. The different types of tourist plans or “packages” that the User has previously chosen or may chose, correspond to the content described in each of them, which were previously known by the user.
The user will be able to access the content and information through the following channels:
- Information received through VAOVA’s commercial managers/organizer.
- Information obtained by accessing wetravel.com.
- Information obtained directly from our website vaovatravel.com.
Payments are collected through the payment methods made available at the website www.wetravel.com
Intellectual Property Rights:
- VAOVA has strategic commercial allies that act as tour operators such as Airlines, Hotels, Transport Companies, Tourist Guides, Restaurants, Gastro bars, museums, etc. Consequently, the brands of the same are not related, associated or affiliated with any of the brands that appear on the platform. All copyrights and, in general, intellectual property rights are reserved to the owners of the brands, logos, images, designs, etc., displayed on the platform.
- Any unauthorized use of the elements and information found on the platform, which infringes or potentially infringes the property and intellectual property rights of VAOVA; its contractors, licensors, assignors and, in general, any third party, may imply the initiation of the corresponding legal actions by the holders of such rights.
- Access to and use of the platform does not imply in any way the license or right of use of intellectual property found there.
- Any type of responsibility that the User could attribute to VAOVA as a result of the infringement of their property rights and intellectual property by other users or third parties is expressly excluded.
- VAOVA is not responsible for intellectual property issues from the content of Users or third parties with respect to their products or services.
License for the use of the platform:
- VAOVA grants the user a limited, non-exclusive and revocable license to access, consult and download the contents of the platform, as necessary for personal information interests. This license does not include authorization for the publication, distribution, assignment, sub-licensing, transfer, editing, sale, development of derivative works or any other use that is not strictly to satisfy a personal or academic interest, and / or the use of the platform.
- You may not sell, license, rent, or otherwise use or exploit in any way the contents of the platform for commercial use or that in any way violates any right of a third party.
- Third-party websites linked to the platform are not owned by VAOVA, nor are they operated, controlled, or administered by VAOVA and, therefore, the User exonerates VAOVA from any type of responsibility for their contents, practices, policies, security, services, availability, compliance with its terms and conditions of use and / or its privacy policies.
- Any link on the platform to third-party websites does not constitute sponsorship, support, protection, defense, guarantee, or endorsement of any kind regarding its contents, practices, policies, security, services, availability, compliance with its terms and conditions of use or its privacy policies.
- It is your responsibility to access and use the content of third parties.
- Any kind of responsibility that the User could attribute to VAOVA as a result of damages related to the use of portals, services, products or contents that are available through the websites of third parties linked or linked to the platform is expressly excluded.
- Payments made through the platform wetravel.com is excluded from the prior conditions.
Information and content from third parties:
- The platform may reproduce or contain information from third parties, such a images, content provided by other users, tourism information from providers and sponsors, among others.
- The user accepts the reproduction of travel images and the “VAOVA” experience, solely for purpose of reminding experiences and marketing.
- VAOVA will refrain from publishing images that violate dignity, good name, and confidentiality when the user expresses it.
- The use of the images is intended to strengthen the community of users of the VAOVA experience.
VAOVA as an intermediary of the tourism market with National Toursim Registry (Registro Nacional de Turismo – RNT) 5144, will carry out activities before tour operators in charge of the provision of the services as indicated by laws 2069 of 2020, 1480 of 2011 and 300 of 1996, as appropriate.
Therefore, the user accepts and understands that the following conditions and warnings are established within the aforementioned legal framework.
Liability: VAOVA is subject to the liability regime established by law 2069 of 2020, Law 300/96, D.R. 1075/97, Decree 2438 of 2010 and the regulations that modify, add or reform them. Its responsibility is limited to the terms and conditions of the program, in relation to the provision and quality of services. VAOVA does not have any responsibility towards the user for air transport services, except in the case of a chartered flight and in accordance with the conditions of the transport contract.
Refunds do not apply for services not provided due to situations of force majeure or fortuitous event. Actions or omissions from third parties, before or during the trip, which may be subject to refunds, will be defined by each operator and will be confirmed to the user once travel documents are reserved and issued, as well as the penalties or deductions that may apply. VAOVA is not jointly and severally liable for the amounts requested as refund from third party services. Any applicable refund will be made within 30 calendar days following the request. However, if the process takes longer for reasons beyond VAOVA’s control, it will not recognize any interest on the amounts to be refunded. The refund will depend on the conditions of the provider (TOUR OPERATOR) and VAOVA’s administration expenses.
VAOVA does not assume any liability towards the User or traveler for events such as accidents, strikes, riots, earthquakes, climatic or natural phenomena, security conditions, political factors, denials of entry or visas, traveler’s legal issues, health matters 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, denials of entry, health issues, among others), or simply in order to guarantee the success of the plan, VAOVA or the operator may modify, replace or cancel itineraries, dates, flights, hotels, optional services, which is herein accepted by the User.
Upon the specific conditions of each plan, the payment method and terms will be defined, as well as the values for additional services or extras that the User can select, depending on the alternatives provided by VAOVA.
In case that special events such as concerts, exhibitions, fairs, sporting events, among others, are offered, the value and payment method will be subject to the conditions of the organizer of such events, which will be reported at the time of sale.
The User / passenger is solely responsible for the care of his/her luggage and travel documents. VAOVA may guide the passenger in the events of loss of luggage or travel documents, however, under no circumstances, will it be liable for the loss, damage or deterioration of said items. VAOVA may inform the User of the restrictions established by airlines in terms of prohibitions, maximum weight and number of pieces per passenger, number of persons allowed in attractions or sites. However, it is the sole responsibility of the User to comply with these policies, which may vary according to the disposition of transport companies or the service providers. All additional information regarding conditions, exit taxes from Colombia, rates, charges and other mandatory payments, preventive health measures, bio-security measures, must be consulted with VAOVA.
All prices, rates, taxes, fees or contributions, are subject to changes, availability and validity without prior notice, which must be assumed by the User at the time of issuance of travel documents. Restrictions and conditions apply to each published rate according to its validity. Hotel tariffs depend on the chosen accommodation. Cancellation policies, penalties, restrictions and particular conditions of the package will be informed to the User at the time of issuance of the travel documents.
The User declares that he/she knows and fully accepts these conditions, which constitute the sole, total and exclusive agreement regarding the terms, conditions and restrictions of the services. Similarly, the User declares that he/she knows and fully accepts the following conditions:
- Refunds for specific tourist services whenever the User’s participation is canceled before beginning or once started but interrupted for reasons such as, fortuitous event or force majeure, illness, denial of visas or entry permits, withdrawal due to the conduct of the User which threatened the completion of the service, legal problems and other causes not attributable to VAOVA will be carried out in accordance with the provisions of this document. For this purpose, deductions or penalties previously established will be taken into account.
- If there is place for airfares refund, it will be processed by the provider, and, once the amount to be reimbursed has been received, it will be delivered to the User, discounting administrative charges indicated by the Civil Aeronautics for national and international tickets, a process that can last between 15 to 90 days.
- Information on the different categories of hotels and the characteristics will inform so that the User can chose the one that suits his/her needs and possibilities. Claims will not be accepted for this reason
- VAOVA will be exempted from the obligations contracted in cases of force majeure or fortuitous events such as accidents, strikes, riots, earthquakes, climatic or natural phenomena, security conditions, political factors, denial of entry permits, health matters and / or any other circumstance beyond its control, such as accidents, mechanical difficulties, damage to the aircraft(s), adverse weather conditions.
- VAOVA has informed the User about the documentation required to facilitate his/her travel to the national or international destinations contracted, the User has to comply with the reported requirements.
- VAOVA does not assume any liability in case the authorities of the country or countries of destination deny the entry to the country nor does it assume any liability for personal expenses incurred by the passenger as a result of the aforementioned.
- VAOVA will not be responsible for legal matters or other inconveniences in which the user may be involved, including immigration matters, investigations or requirements of authorities. In the event that the user is forced to withdraw from the excursion for such reasons, VAOVA will not assume any liability for personal expenses incurred by the User.
- VAOVA, has the right to withdraw from the tour anyone who engages in conducts that threatens the completion of the trip, legal problems and other causes not attributable to VAOVA. In the event that the user is forced to withdraw from the excursion for such reasons, VAOVA will not take responsibility for personal expenses incurred by the User.
- VAOVA, has the right to make modifications to the contracted tourism plans or services in case of force majeure or fortuitous events, without requiring the User’s acceptance.
- Reservations for cruises, events, shows, congresses and fairs are subject to the conditions established by the organizers.
- VAOVA does not assume any liability for the air transport service, except in case of chartered flights and in accordance with the provisions of the transport contract. The provision of such services is governed by the legal regulations applicable to the air transport service. In the event of delays or unforeseen changes in flight schedules, the rights of the User and the procedures to make effective refunds, will be governed by the applicable legal provisions and, in particular, those contained in the Colombian Aeronautical Regulations (RAC).
FAILURE TO SHOW UP
When the user of the tourist services fails to show up or to use the agreed services, whatever the cause, the operating agent may, at its option, demand the payment of 20% of the total price or established rate or retain the deposit or advance previously received from the client. When the User has fully or partially paid for the contracted services, VAOVA will proceed to refund the money paid. However, the amount to be refund will depend on the conditions of the provider of service and the administration costs of the agency.
For air transport the passenger may desist from the trip before its initiation, giving notice to the carrier or the travel agency at least twenty-four (24) hours in advance of the flight. The carrier or travel agency, in accordance with the conditions of the rate, may retain an informed amount, which may not exceed 10% of the price paid for the rate, excluding fees, taxes and administrative fees. The refund should be ordered to the financial entity within a period of no more than five (5) business days following the passenger’s request. The airline must refund the money to the passenger within a maximum period of thirty (30) calendar days from the communication of the cancellation.
RIGHT OF WITHDRAWAL
When the sale is made by non-traditional or remote methods, and the provision of the service has not begun, the User can exercise the right of withdrawal within five (5) days. In the event, the contract will be terminated. VAOVA will refund the money that the User paid within thirty (30) calendar days from the moment the right was exercised.
REVERSAL OF PAYMENTS
When the acquisition of services has been carried out through e-commerce and, for this purpose, used credit or debit cards or any other electronic payment instrument, such as the Internet, Call Centers or any other mechanism, the User can request the reversal of the payment whenever: He/she has been subject to fraud, the operation was not requested, the service is not received, when the service delivered does not correspond to what was requested, does not comply with the inherent characteristics or the information provided about it. The client must submit a complaint in writing to the email address email@example.com indicating the cause. The complaint must be filed within five (5) business days following the date on which the client learned of the fraudulent or unsolicited operation, or that he/she should have received the service without corresponding to what was requested.
VAOVA is not responsible for any damage or loss to the User caused by failures in the system, the server or the Internet. VAOVA will not be responsible for any virus that could infect the User’s equipment as a result of access, use or examination of its website or as a result of any transfer of data, files, images, texts, or audios contained therein. Users may NOT claim any responsibility or demand payment for lost profits, by virtue of damages resulting from technical difficulties for such failures.
Applicable law and dispute resolution:
These Terms & Conditions are governed entirely by Colombian law. Any difference or controversy that arises between the parties related to this contract, its execution, fulfillment and / or settlement, will be dealt directly between the parties. If after fifteen (15) calendar days of the written notification of the controversy from one of the parties to the other, without reaching an agreement, it will be decided by local judges.
REPRESENTATIONS FROM THE USER
The User states that:
First: Has accepted to the services in full freedom and full consent.
Second: Knows the conditions of the tourist plans / packages previously offered.
Third: Understands and accepts the content of disclaimers that have been previously informed.
Fourth: Agrees to the Terms & Conditions as part of the contractual relationship with VAOVA.