TERMS AND CONDITIONS

Terms and conditions, and privacy and personal data processing policy

The following Terms & Conditions (the “Terms & Conditions“) govern the use of our website www.vaovatravel.com and the acquisition of the tourist intermediation services made available by VAOVA S.A.S. (“Vaová”), a Colombian company registered under Tax Identification Number (NIT) 90067970-0 and National Tourism Registry (Registro Nacional de Turismo) (RNT) 51443 as an Operator Travel Agency, by the users of the services (“User”), in accordance with the provisions of Colombian laws, including the Law 300 of 1996, Law 1480 of 2011, Law 2068 of 2020, Decree 1075 of 1997, Decree 1074 of 2015 and the other regulations that complement or modify them.

1.1. By pressing the acceptance button of the Terms & Conditions, you expressly and unequivocally state that you have read and accepted the Terms & Conditions outlined herein. If you do not agree, please refrain from using and purchasing our services.

If you have queries before accepting the Terms & Conditions, do contact us at the email TREK.INFO@VAOVAOTRAVEL.COM, and we will be pleased to solve your doubts.

2.1. The services offered by Vaová are only available to people who have the legal capacity to contract, understood as those who can oblige themselves without the authorization of others, in accordance with Colombian laws. To that extent, people over 18 years of age may acquire services from Vaová, as well as those who have the capacity to contract or act o behalf of commercial or other companies.

3.1. In the provision of tourist plans or packages, Vaová acts as an intermediary between the User and people or companies in charge of providing said tourist services, which are described in the tourist plans or packages, including, airlines, hotels, restaurants, land transportation, traveler assistance service providers, among others, which are voluntarily selected and acquired by the User.

Considering the former, Vaová will provide the User with information regarding accommodation, category of hotels, rates, duration of the tourist plan, means of transportation, complementary services and services not included, name and address of the service providers, and their RNT number. Likewise, Vaová will indicate the arrival and departure time from the destination and the duration of the stay, the conditions of the reservations and all the conditions that are required using the tourist services that comprise the tourist plans or packages.

The different types and categories of tourist plans or packages offered by Vaová can be consulted through our website www.vaovatravel.com, the website www.wetravel.com, our consultants or by e-mailing to TREK.INFO@VAOVAOTRAVEL.COM. Before selecting the tourist plan or package, the User will be informed on the terms and conditions specifically applicable to said plan or package, including the total amount to be paid by the User, means of payment and the prices of additional services that the User may voluntarily select, depending on the alternatives for each specific tourist plan or package. The specific terms and conditions of each plan or tour package must be read and accepted by the User and complement these general Terms & Conditions.

Once a tourist plan or package has been acquired, Vaová will provide the User with a receipt specifying the contracted services. After acquiring the tourist plan or package, and in accordance with its availability, the User may purchase additional services or upgrades to the tourist plan or package, subject to specific terms and conditions, which will be previously informed and accepted. by the User.

In all cases, Vaová will inform the User about restrictions that may apply to the programmed activities, as the maximum number of people allowed in tourist sites or attractions, and will inform whether access to those sites may be impeded or limited by regulations that affect the maximum number of tourists, as well as restrictions imposed by competent authorities.

Vaová is subject to the responsibility regime for travel agencies in Colombia, established by Law 300 of 1996, Law 1480 of 2011, Law 2068 of 2020, Decree 1075 of 1997, Decree 1074 of 2015 and other regulations that complement or modify them.

Vaová is responsible as an intermediary of tourist services for the organization and structuring of tourist plans or packages, in accordance with these Terms & Conditions, as well as those specified in the tourist plan or package that the User acquires, therefore its responsibility corresponds to the provision and quality of such intermediation services, with the exceptions specified in the information provided to the User or applicable by Law.

Vaová may make changes or modifications to the tourist plan or package in case of fortuitous events, force majeure or acts from third parties, without the User’s acceptance being required. Consequently, Vaová can use this prerogative in cases of accidents, strikes, riots, earthquakes, adverse weather conditions, security conditions, quarantines, political factors, denial of entry permits, visa, health matters, and any other circumstance that may occur before or during the trip. In accordance with the foregoing, Vaová will not held responsibility in case of fortuitous events, force majeure or acts from a third parties. The right to make changes in the tourist plans or packages that have been contracted due to situations external to Vaová or any other factor that may affect security or the correct provision of services, includes the modification, replacement or canceling of itineraries, travel dates, flights, hotels of a similar or higher category, transportation, optional services, additional services and any other, in order to safeguard the success of the trip.

The impossibility of modifying the tourist plan or package or the non-acceptance of said modifications to the tourist plan or package, for reasons beyond Vaová’s control, will constitute a cause for the early and unilateral termination of the service.

Vaová will not be responsible to the User for legal matters or other inconveniences in which he/she may be involved, including immigration matters, investigations or requests from authorities, as well as impediments due to his/her negligence (eg injuries suffered during free time from the itinerary or excessive consumption of alcohol and/or any other toxic substance), that affect his/her participation in the plan or tourist package. In case that the User is forced to withdraw from the tourist plan or package, or from any of the services included in the tourist plan or package, he/she must assume all the expenses to return to the place of origin and the value of the tour plan or package will not be reimbursed.

Vaová has the right to withdraw from the plan or tourist package the User who engages in conduct that threatens the completion of the trip, legal problems and other causes not attributable to Vaová. In the event that the User is withdrawn from the tourist plan or package for such reasons, he/she must assume all the expenses to return to the place of origin and the value of the tourist plan or package will not be reimbursed.

As an intermediary in the provision of tourist services, some of the tourist services are provided by third parties other than Vaová:

5.1 Air transport services

 Delays or unforeseen modifications in flight schedules arranged by the airlines, user’s rights, and the procedures to make effective refunds, are governed by the Colombian Aeronautical Regulations (RAC), which abidance is the responsibility of air transport companies, except in the case of chartered flights pursuant to what is specified in the air transport contract.

Due to the fact that Vaová does not provide air transport services, it will be the companies that provide such services which must assume responsibility towards the User for the services they provide, including delays, loss, damage, deterioration or loss of luggage or travel documents, accidents, mechanical difficulties, damage to the aircraft, adverse weather conditions and the like. However, Vaová will guide the User in events of loss of travel documents or luggage.

Vaová will guide the User on the documentation required to facilitate travel on national and international trips and, the health measures that must be observed, in accordance with each plan or tour package. It will be the responsibility of the User to comply with the requirements and assume the personal expenses and others caused in the event that Colombian authorities or other authorities deny entry to the country.

In the event that Vaová intermediates in the acquisition of air transport services, it will inform the User about the validity, conditions, total price, exit taxes, charges and any other mandatory payment.

Information regarding biosecurity measures taken by the Colombian Government due to the COVID-19 pandemic or any other for air transport, may be consulted by email at TREK.INFO@VAOVAOTRAVEL.COM.

5.2 Land transportation

Land transportation services are provided by special transportation companies duly authorized by the Ministry of Transportation and surveilled by the Superintendency of Transportation.

Companies that provide land transport services are responsible to the User for the services they provide, including delays, loss, damage, deterioration or loss of personal property, accidents, mechanical difficulties, damage to the means of transport, adverse weather conditions. and the like.

In all cases, Vaová will inform about the necessary documentation to facilitate the User’s movement, being the User’s responsibility to comply with the reported requirements.

5.3 Hotel services

Hotels are responsible to the User for the services they provide, including delays, schedule changes, loss, damage, deterioration or loss of personal property, accidents, changes and the like, without prejudice of the responsibility of Vaová as intermediary of the services.

Vaová will inform the User in advance of the categories of hotels available for each plan or tourist package, with their characteristics and services, rates depending on the accommodation, cancellation policies, penalties, restrictions and particular conditions of each service provider, to allow the User to choose the establishment, according to his/her needs and the chosen tourist plan or package. Consumption of additional services must be paid by the User directly to the hotel.

5.4 Restaurants and bars

Restaurants, bars and the like commercial establishments are responsible to the User for the services they provide, including cancellations, changes, accidents, customer service and the like, without prejudice to the responsibility of Vaová as intermediary of the services.

Restaurants and bars with tourist interest due to their characteristics, quality and service are regarded as part of national tourism and are registered in the RNT.

5.5 Traveler assistance

The User may purchase travel assistance services. Vaová does not constitute insurance policies to cover damages in relation to the tourist plan or package, all of which are subject to the conditions of the direct provider of the service contracted by the User.

6.6 Other services

Vaová structures and organizes tourist plans and packages that include activities such as guided tours, paragliding, salsa and cooking classes, horseback riding, Colombian food and coffee tastings, DJs, among others. These services are provided by natural and legal persons other than Vaová, so the companies that provide such services are responsible to the User for the provision of their services, including cancellations, changes, accidents, customer service and the like, without prejudice to the responsibility of Vaová as intermediary of the services.

Consumer protection

 6.1 Payments

 Vaová will inform the specific terms and conditions for each plan or tourist package, including, the total amount to be paid by the User, means of payment and the prices for additional services that the User voluntarily selects, depending on the alternatives of each specific tour plan or package. The price does not include charges not related to the services intermediated by Vaová, such as airport taxes, entry or exit taxes, visa fees, or the like.

When the price is shown in dollars, it will be settled in Colombian pesos at the Governent approved exchange rate, certified by the Financial Superintendence of Colombia, on the day the purchase is made.

Vaová will collect payments through secure payment sites or gateways. If the payment is made through the website www.wetravel.com, which allows payment by electronic means, a commission of 1% of the total will be charged when the payment is made from a bank account and 2.9% if it is done through a credit card.

After payment, the User will receive a receipt by email. If you do not receive the payment confirmation, you should contact us at the email TREK.INFO@VAOVAOTRAVEL.COM.

During the trip, the User may purchase additional services, such as attending to as concerts, exhibitions, fairs, sporting events and the like, which may be purchased by the User in accordance with the means of payment that are reported at that moment.

6.2 Reversal of payments

In accordance with the provisions of Colombian law, the reversal of the payment will proceed for purchases made through credit cards or any other electronic payment instrument, when any of the following causes occur:

1) The User has been subject to fraud.

2) The operation was unsolicited.

To request the reversal of the payment, the User has five (5) business days from the day the unsolicited or fraudulent operation became known.

To make the request, please send an email to TREK.INFO@VAOVAOTRAVEL.COM indicating the following:

1) The reasons for which the payment reversal is requested.

2) The value for which you request the reversal.

3) The indication of the payment instrument with which the transaction was paid.

4) Copy of the invoice or the information of the acquisition of the service.

Within the same five (5) business days, notice must be given to the financial institution about the reversal request, with the same information.

Note that this right does not apply if your financial institution is not located in Colombia.

6.3 Right of withdrawal

The right of withdrawal is the possibility for the User who used non-traditional or remote methods, such as purchases through websites, to cancel the purchase for services that have not yet been executed, within five (5) business days from the day on which the contract for the acquisition of the services offered by Vaová was entered into. In the event that this right is exercised, the contract will be terminated, and the money paid will be refunded.

To make the request, write us an email to TREK.INFO@VAOVAOTRAVEL.COM, informing us that you want to exercise the right of withdrawal, the invoice and the information of the plan or tourist package purchased (date, name of the buyer, type of plan).

Vaová will review the conditions for the withdrawal and will refund your money without making any type of discount or retention, within a period of no more than thirty (30) calendar days, from the day the request is made.

6.4 Cancellations

Cancellation of tourist plans or packages before the beginning of the trip: In the event that the User cancels the tourist plan or package before the beginning of the trip, the following penalties will apply:

90 days prior to the beginning of the trip: 100% of the mount paid will be refunded.

Between 89 and 45 días prior to the beginning of the trip: A penalty of 10% of the amount paid will be charged.

Between 44 and 15 days prior to the beginning of the trip: A penalty of 50% of the amount paid will be charged.

Between 14 and the beginning of the trio: There is no refund.

*** Special cancellation policies may apply in the terms and conditions of specific tourist plans or packages.

Any refund will be made within thirty (30) calendar days following the request. However, if the process takes longer for reasons beyond Vaová’s control, interests will not be recognized on the amounts to be reimbursed.

Cancellation of services during the trip: During the trip, no refunds or modifications will be made due to cancellation or failure to show up. However, at Vaová’s discretion, the User may request modifications to previously purchased services or refunds.

Any refund will be made within thirty (30) calendar days following the request. However, if the process takes longer for reasons beyond Vaová’s control, interests will not be recognized on the amounts to be reimbursed.

Cancellation for causes external to Vaová: In the event that the trip must be canceled due to causes external to Vaová (fortuitous event, force majeure or acts from third parties), the User may decide between (i) Postpone the trip without penalty, subject to availability and the acceptance of differences that may be caused on prices or (ii) Request a refund, deducting certain booking costs applied by our service providers and Vaová’s administrative costs. To mitigate the risks of cancellation due to a cause external to Vaová, the User is advised to purchase an insurance.

In the event that the trip must be interrupted due to causes external to Vaová (fortuitous event, force majeure or acts from third parties) or to the User (eg medical emergency), refunds may be requested for the services not provided, deducting certain booking costs applied by our service providers and Vaová’s administrative costs.

Any refund will be made within thirty (30) calendar days following the request. However, if the process takes longer for reasons beyond Vaová’s control, interests will not be recognized on the amounts to be reimbursed.

Cancellation of air tickets: For air transport, pursuant to Article 1878 of the Commercial Code, the passenger may cancel the trip before its initiation, giving notice to the air carrier or the travel agency at least twenty-four (24) hours in advance of the flight, provided that the rate was not already subject to discounts. The air carrier or travel agency, in accordance with the conditions of the rate, may retain an agreed percentage, which may not exceed 10% of the value received for the rate, excluding fees, taxes and administrative fees. This retention made will be made in favor of the carrier. In the event of withdrawal, the airline that sold the ticket will order the financial institution for the corresponding refund within a period of no more than five (5) business days following the passenger’s request. The airline must reimburse the money to the passenger within a maximum period of thirty (30) calendar days from the communication of the withdrawal.

Other third-party services: In principle, refunds are not applicable for the cancellation of services provided by third parties other than Vaová. However, each provider may define some services that may be subject to reimbursements, as well as the penalties or deductions that may apply, and the term for making the reimbursement.

6.5 Assignment of the contract

The User may not assign the tourist plan or package or the services comprised in them to a third party, without the prior consent of Vaová.

If you want to make a request or complaint, or want to follow up on a request, you can contact us by email to: TREK.INFO@VAOVAOTRAVEL.COM.

We will answer as soon as possible. In any case, the response will not exceed a period of fifteen (15) business days from the day after the request or complaint is received.

In compliance with Law 679 of 2001, Vaová warns the User that the sexual exploitation and abuse of minors in Colombia is criminally sanctioned. The foregoing includes the publication or dissemination of images of child pornography on the channels enabled by Vaová, including the mobile application or the messaging services used during the trip. Vaová warns the User that the sexual exploitation of children and adolescents will result, by the sole intention, in the expulsion from the trip, in addition to the proceedings before the competent authorities.

In accordance with the obligations to prevent money laundering and terrorism financing, Vaová may unilaterally and without prior notice terminate the provision of services to Users included in restrictive lists (eg UN or OFAC) or that have been convicted for conducts related to money laundering, terrorism financing or related crimes, in accordance with the Colombian Criminal Code.

Vaová 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 Vaová; 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 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 Vaová as a result of the infringement of their property rights and intellectual property by other users or third parties is expressly excluded.

Vaová is not responsible for intellectual property issues from the content of Users or third parties with respect to their products or services.

Users or third parties

Vaová grants the user a limited, non-exclusive and revocable license to access, consult and download the contents of the platform www.vaovatravel.com, 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.

The User 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 www.vaovatravel.com are not owned by Vaová, nor are they operated, controlled, or administered by Vaová and, therefore, the User exonerates Vaová 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 Vaová 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 platformwww.vaovatravel.com are excluded from the prior conditions. 

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 “Vaová experience”, solely for purpose of reminding experiences and marketing.

Vaová will refrain from publishing images that violate dignity, good name, and confidentiality when the User expressly requests it.

The use of the images is intended to strengthen the community of users of the “Vaová experience”.

Vaová is not responsible for any damage or loss to the User caused by failures in the system, the server or the Internet. Vaová 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.

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.

The User states that:

First: You are over 18 years of age and have the legal capacity to contract. In addition, you access the services provided by Vaová with full freedom and consent.

Second: You Know the specific conditions of the tourist plans / packages offered.

Third: You understand and accept the content of disclaimer that has been previously informed.

Fourth: You agree that this Terms & Conditions are part of the contractual relationship with Vaová.

The Terms & Conditions may be unilaterally updated or modified at any time by Vaová, so that we recommend to read these Terms & Conditions every time you use the website www.vaovatravel.com or purchase our services. However, any modification will not affect the commercial transactions that have been concluded and perfected prior to them.

The last update of these Terms & Conditions was made on [21/02/2023]