GENERAL CONDITIONS OF USE
Introductory provisions
BOGOTÁ GRAFFITI TOUR, owner of the Website www.bogotagraffiti.com (hereafter the “Website”), is a company dedicated to the reservation and sale of activities, excursions guided tours and other touristic activities throughout the world, for those Users who are interested in contracting said services. BOGOTÁ GRAFFITI TOUR places a platform www.bogotagraffiti.com at the disposal of its Users, through which a natural or legal person (hereafter “the User”) can reserve tourist activities, excursions, guided tours and transfers.
The details of BOGOTÁ GRAFFITI TOUR are as follows:
Name: BOGOTÁ GRAFFITI TOUR SAS
Fiscal Identification Number: 02613994
Contact Email: gerencia@bogotagraffiti.com
1.- GENERAL CONDITIONS OF WEBSITE USE AND ACCESS
If you access, view, or use the materials, content, or services via the Website, this implies that the User understands and accepts these General Conditions of Use, which define the rights and obligations of BOGOTÁ GRAFFITI TOUR and the User, regards the contraction of touristic activities, guided tours and transfers.
These are the only General Conditions of Use applicable to the use of the Website (notwithstanding that some services may entail specific conditions) and to the contraction of services which supersede any other conditions, except in the case of a previous agreement in writing between BOGOTÁ GRAFFITI TOUR and the User.
To access the Website, User registration is not required. However, to be able to contract any of the services offered by BOGOTÁ GRAFFITI TOUR it is required that the User registers and accepts these conditions before making the corresponding payment.
2.- PURPOSE OF THE WEBSITE
BOGOTÁ GRAFFITI TOUR has developed this Website to offer the User a service for the reservation of activities, excursions, and guided tours in Bogotá, Colombia.
BOGOTÁ GRAFFITI TOUR also offers pick up and transfer services through the Website, which permits the User to contract a private vehicle, which will pick them up and transfer them from one point to another within the cities where BOGOTÁ GRAFFITI TOUR offers this service.
BOGOTÁ GRAFFITI TOUR informs you that the activities, excursions and guided tours, as well as the transfers, are services provided by third parties, who collaborate with BOGOTÁ GRAFFITI TOUR (hereafter the Provider/s). Therefore BOGOTÁ GRAFFITI TOUR IS LIMITED EXCLUSIVELY TO THE RESERVATION OF ACTIVITIES, EXCURSIONS, GUIDED TOURS AND TRANSFERS, WHICH ARE THEMSELVES UNDERTAKEN DIRECTLY BY THE PROVIDERS.
In addition, via the Website, BOGOTÁ GRAFFITI TOUR offers its Users free travel guides to different destinations, which include photographs, information on transport, the most important tourist sites, an interactive map and different recommendations and advice related to the destination. The access and consultation of said travel guides can only be done online, and their commercialisation is prohibited, with the User accepting this use and being responsible for misuse and unauthorised use.
In general, the contraction of the services offered by BOGOTÁ GRAFFITI TOUR will take place between the User and BOGOTÁ GRAFFITI TOUR, although with certain providers BOGOTÁ GRAFFITI TOUR will be limited to offering its Website as an online platform through which providers offer their services to be contracted directly by Users. The form of agreement will be indicated in the voucher of the activity.
In this latter case, the User, when finalising the reservation, establishes a contractual relationship with the provider with whom they have reserved the activity or transfer. BOGOTÁ GRAFFITI TOUR will act as an intermediary between the User and provider, limited to transmitting the relevant reservation details to the provider and sending the User an email confirmation of the reservation in place of the provider.
The information displayed by BOGOTÁ GRAFFITI TOUR through the Website is, in any case, based on the information provided by the local providers.
3.- RESERVATION WITH BOGOTÁ GRAFFITI TOUR AND REGISTRATION ON THE WEBSITE
To be able to make reservations via the Website, the User will have to provide their personal details (name, surname, e-mail, telephone and mobile), or in their case the data of the person in whose name the activity or transfer is being reserved, with BOGOTÁ GRAFFITI TOUR being able to make the reservation solicited by the User.
By accepting these General Conditions of Use, Users state that they will provide correct, exact, current and complete data about their identity, or the person in whose name the activity or transfer is being reserved. In this way, the Users will be responsible for the accuracy of the data given to BOGOTÁ GRAFFITI TOUR and of any consequences which could arise from errors in this information.
4.- SPECIFIC CONDITIONS REGARDING THE RESERVATION OF ACTIVITIES, EXCURSIONS AND GUIDED TOURS
The reservations made by each User via the Website are subject to the specific conditions which apply to each activity, excursion or guided tour. The User can find these conditions in the description of the activity on the Website, and in the confirmation email sent by BOGOTÁ GRAFFITI TOUR after the reservation is made.
4.1- General Conditions Applicable to all Services.
In general, the reservation of activities, excursions and guided tours that BOGOTÁ GRAFFITI TOUR promotes through its Website are subject to the following conditions:
The dates and schedules of the activities, excursions and guided tours published on the Website have been pre-established by the providers and cannot be modified. The only way the date and time of an activity could be modified would be when the User has contracted a private service, in which case this modification would need to be transmitted via e-mail at reservas@bogotagraffiti.com. In any case, the response of BOGOTÁ GRAFFITI TOUR will depend on the conditions of each provider.
Users can modify the details of their reservation if the conditions of the activity, excursion, and/or guided tour permit this.
The minimum notice period to book an activity varies depending on the activity, excursion and/or guided tour that the User would like to reserve. This can be seen in the details of the activity on the Website. BOGOTÁ GRAFFITI TOUR informs you that it is impossible to reserve an activity with less notice than that which has been indicated in the corresponding activity.
To reserve and activity, excursion or guided tour privately, please contact BOGOTÁ GRAFFITI TOUR through the email reservas@bogotagraffiti.com
4.2. – Specific conditions relating to the information of the activity, excursion and/or guided tour reserved.
The meeting point, date, time, duration and all necessary information for the activity, excursion and/or guided tour reserved can be found in the description of each service, both on the Website and in the confirmation email that BOGOTÁ GRAFFITI TOUR sends to the User once the reservation is made.
In the confirmation email as well as giving you all the information regarding the reserved service, BOGOTÁ GRAFFITI TOUR may provide the User with a reservation voucher for the activity, activity, excursion and/or guided tour or BOGOTÁ GRAFFITI TOUR will inform the User about the arrival of an email from the provider with the justification being that the User should present this to the provider before the activity begins, or once it’s finished, depending on the specific conditions established by the provider.
Users must be punctual and be at the meeting point at the time and on the day indicated on their voucher, as all activities, excursions and/or guided tours have a specific departure time, and it is impossible to modify the start time.
Duration of the activities, excursions and/or guided tours published on the Website are of a referential nature and could be subject to variations depending on the functioning of the service on the day or a factor external to the provider and/or BOGOTÁ GRAFFITI TOUR such as inclement weather, traffic, demonstrations etc.
If, once the User is in the destination and has questions relating to the service reserved, and in particular with the meet point of the activity, excursion or visit the Users can contact the provider on the telephone that appears in the voucher BOGOTÁ GRAFFITI TOUR sends when confirming the reservation.
BOGOTÁ GRAFFITI TOUR informs you that the provider may request that you show your voucher before the tour begins. BOGOTÁ GRAFFITI TOUR does not accept any responsibility should the User not do so.
5.- CONDITIONS SPECIFIC TO THE RESERVATION OF TRANSFERS
Each transfer offered by BOGOTÁ GRAFFITI TOUR on the Website is subject to certain conditions which the User can consult in the description of the transfer in question (found on the Website), or in the confirmation email that BOGOTÁ GRAFFITI TOUR sent when the reservation was made.
Notwithstanding, Users should take into account the following:
There are no supplements for luggage. The prices on the BOGOTÁ GRAFFITI TOUR Website are final and there is no additional cost (as long as the luggage fits in the reserved vehicle). The price indicated on the Website is per contracted vehicle and includes tolls and tips for the driver. Should luggage exceed the capacity of the reserved vehicle, the User bears responsibility for any extra charge.
Private service: The BOGOTÁ GRAFFITI TOUR transfer service is private, meaning that the vehicle can only be used by clients who have contracted the service. In some destinations you will be offered the option of a shared transfer, meaning that the transfer will be shared with other clients and with a cheaper tariff.
Vehicle seats: the number of seats indicated on the Website is the maximum number of passengers who can travel in the vehicle not including the driver. Take into account that a child occupies just as much space as an adult.
Pick up time: with transfers from the airport, the User should indicate the flight number and scheduled arrival time of their flight. With other transfers the User must only indicate the time they would like to be picked up.
Modification of the reserved transfer: The User can modify the transfer if the conditions of the service permit it. The User can modify the transfer using a link which BOGOTÁ GRAFFITI TOUR will include in the confirmation emails, or directly from their User account.
Contact with the driver: In the confirmation email, BOGOTÁ GRAFFITI TOUR will detail the name, email and emergency contact of the provider (or driver) in case the User can’t find the driver or encounters a problem.
Stops on the journey: If the User has to make a stop during the journey (for example if Users are staying at two different hotels), these stops will imply an additional cost, which varies by city.
Location of the destination: if the address of the destination is outside the centre of the city, this will imply an additional cost.
Modifications of the agreed route: If the User would like to modify the agreed route, this may imply additional costs which will be the responsibility of the User.
6.- RESERVATION FARES
The contracting conditions of BOGOTÁ GRAFFITI TOUR reserved services will be formalised once the Users have completed and accepted the activity or transfer reservation form and this has been confirmed, with the reservation and payment processes having been completed correctly.
The prices will be indicated by BOGOTÁ GRAFFITI TOUR when the reservation of the activity or transfer chosen by the User is being made.
Usually, BOGOTÁ GRAFFITI TOUR does not apply discounts in the provision of its services, unless it is established in the conditions of the corresponding activity, day trip, guided tour and/or transfer.
Having made the reservation, Users will receive an email which confirms receipt of payment for the contracted service and will provide a receipt for said services. The User should take into account that this receipt is not equivalent to the corresponding invoice for the contraction of these services. The User can solicit this invoice once the reservation has been formalised via the Website.
In some cases the necessary documentation to take this service will be sent via email to the User by the provider. If the reservation is cancelled, the conditions in section 7 of these conditions apply, and BOGOTÁ GRAFFITI TOUR will send the relevant rectifying documents to the User.
Users shall notify BOGOTÁ GRAFFITI TOUR of any undue or fraudulent charges on the card that was used for the purchase by writing to reservas@bogotagraffiti.com as soon as possible for BOGOTÁ GRAFFITI TOUR to be able to make the necessary adjustments.
Activities booked through actions or transactions with indications of being fraudulent may be cancelled by BOGOTÁ GRAFFITI TOUR.
7.- CANCELLATION POLICY
Each service provided by BOGOTÁ GRAFFITI TOUR on the present Website (activities, day trips, guided tours and transfers) has its own specific cancellation policy. The User can check each specific cancellation policy in the description part of each activity (in the Website) or on the confirmation email that BOGOTÁ GRAFFITI TOUR will send the User once the reservation has been made.
Hence, the specific cancellation conditions will be applicable to each service, which establish the cancellation time and possible penalisation.
BOGOTÁ GRAFFITI TOUR will manage cancellations and will confirm the cancellation policies of each activity, excursion, guided tour and/or transfer.
If the PROVIDER does not have availability on the reserved date, BOGOTÁ GRAFFITI TOUR will offer the customer an alternate date or schedule, which must be accepted or declined by the customer. If no reply about the alternative option is received within 72 hours, the booking will be cancelled and refunded immediately. In either case, BOGOTÁ GRAFFITI TOUR will send the relevant documentation.
IN ACCORDANCE WITH THE ABOVE, AND BY ACCEPTING THESE GENERAL TERMS OF USE, THE USERS DECLARE TO HAVE EXPRESSLY READ AND ACCEPTED THE PRESENT CANCELLATION POLICY AND HEREBY AGREE TO THE CANCELLATION POLICIES OF EACH ACTIVITY, DAY TRIP, GUIDED TOUR AND / OR TRANSFER THAT ARE RESERVED ON THE PRESENT WEBSITE.
8.- CONDUCT ON THE WEBSITE
Users will not make licit, honest and correct use of the information and content accessed via the Website, and all this comes under the principles of good faith, respecting legality and the present General Conditions. In particular, but not limited to, Users should not:
- Register or communicate details which are not correct, exact, complete and/or current, nor access the Website using the name or details of another User, or supplant any other person or identity.
- The User may not access or use the Website or the Entity’s systems or services in any way that BOGOTÁ GRAFFITI TOUR might judge to be illegal, fraudulent or related to any criminal activity.
iii. Introduce or transmit electronic viruses which could make unauthorised alterations in the content or integrated systems of the Website.
- Use the Website to use or reuse any illegal, offensive, abusive, indecent, defamatory, obscene or threatening material, or that constitutes an infringement of Intellectual Property rights, trademarks, confidentiality, privacy or any other right, or is otherwise offensive, reprehensible to third parties, or whose content has computer viruses, political propaganda, advertising, chain mail, mass mailing or any other type of spam and, in general, any content that can cause any kind of necessary inconvenience.
- Download, send, or distribute in any other way content or applications which could fall foul of any active legislation or impinge on the rights of any third party.
9.- OPINIONS, COMMENTS, COMMUNICATION AND OTHER CONTENT
Users that reserve activities, day trips, guided tours and/or transfers on the present Website can send to gerencia@bogotagraffiti.com their reviews and opinions on the Website.
Communications between BOGOTÁ GRAFFITI TOUR and the Users should be made by email with an acknowledgement of receipt or via another means of communication.
- Communication to BOGOTÁ GRAFFITI TOUR must be sent to reservas@bogotagraffiti.com
- Communication to the Users will take place using the email used to book.
10.- PRODUCT LIABILITY
Notwithstanding the liability in package travel services which are subject to the provisions of the General Law of Consumers and Users, and by way of illustration, but not limitation, BOGOTÁ GRAFFITI TOUR is not liable for the following circumstances:
- Users that cancel a service after the deadline date. BOGOTÁ GRAFFITI TOUR is not liable under any concept to repay the amount paid by the Users when they have not complied with the cancellation period stipulated in the cancellation policy applied to each service.
- When Users are late to the activity’s meeting point on the day of the activity (reserved guided tour, day trip and/or transfer). This means that BOGOTÁ GRAFFITI TOUR will not assume any responsibility if the User is late for the activity or misses his or her transfer due to lateness and/or for not finding the correct meeting point.
iii. When the local suppliers turn Users away from an activity, day trip and/or guided tour because the User does not provide the corresponding voucher, either printed or downloaded on their smartphone (according the Supplier’s requirements).
- When the Users’ property is damaged or stolen during the activity, day trip, guided tour booked or during the transfer service reserved.
- When Users suffer an accident, an injury or any type of damage during the activity, day trip, guided tour and/or transfer service. Moreover, Users that suffer an accident or injury before the day of the activity and which impedes them to enjoy the service booked.
- When the transfer service does not arrive at the meeting point because the information provided by the User is incorrect or mistaken concerning the time and address.
vii. When Users miss their flights, trains, buses or any other means of transportation, as a consequence of not having reserved the transfer service far enough in advance, as recommended by BOGOTÁ GRAFFITI TOUR. Users are responsible for knowing their departure time (flight/train/bus) and reserving the corresponding transfer service with sufficient time.
viii. For the weather conditions in which the local supplier carries out the activities, day trips and guided tours reserved by the Users. Under no circumstance is BOGOTÁ GRAFFITI TOUR responsible for these circumstances, in which case service is believed to have been carried out correctly.
- For the quality of the service provided by the local supplier.
- For situations where the activities, excursions or guided tours have been completed, taking in the major points of interest, but the duration has changed a little due to any factor outside the control of the provider and/or BOGOTÁ GRAFFITI TOUR. In this situation, the service will be taken to have been carried out correctly.
- For complaints and refunds regarding the service contracted by the User which come under the purview of the local provider, with not taking into account that BOGOTÁ GRAFFITI TOUR may collaborate with the User in order to attend to their refund.
Furthermore, and in the case of the User contracting services directly with the Provider, BOGOTÁ GRAFFITI TOUR will not be responsible for:
xii. The completion of any obligation, be it financial or otherwise, as a consequence of the service provided by the Provider. BOGOTÁ GRAFFITI TOUR is not responsible for any kind of financial obligation in relation to the services provided.
Likewise, in no event shall BOGOTÁ GRAFFITI TOUR be liable or made responsible or provide any guarantee for any type of damage caused by the access or usage of the Contents or the Website. BOGOTÁ GRAFFITI TOUR is not liable of the following circumstances:
xiii. If the Website and / or its services or Contents are unavailable, under maintenance or are incorrectly used, excluding, to the maximum extent permitted by current legislation, any liability for damages that may be related to the lack of availability or continuity of the Website and its Content enabled.
xiv. Technical errors due to third parties or force majeure which causes the Website to function incorrectly.
- By reasons of force majeure, for example, failure, suspension or interruption of services or use of the Website, as a result of an Internet blockage, third parties’ actions or omissions, or any other independent causes or circumstances that prevent the normal use of the Website.
xvi. Any illicit, negligent and fraudulent usage of the Website which are contrary to these Terms of Use. Or in good faith, of the Website and its Contents, on behalf of the Users.
BOGOTÁ GRAFFITI TOUR reserves the right to take legal action considered opportune and that by law correspond the company against Users who violate the dispositions outlined above, and in general, for failure to fulfil these General Terms of Use.
With regard to any package travel services offered by BOGOTÁ GRAFFITI TOUR to which the provisions of the General Law of Consumers and Users apply, if after having selected and paid for a package travel service with another company, the User books additional travel services for his/her trip through BOGOTÁ GRAFFITI TOUR, he/she will NOT enjoy the rights that apply to package travel by virtue of the revised text of the General Law of Consumers and Users.
Therefore, BOGOTÁ GRAFFITI TOUR will not be liable for the correct provision of such additional travel services. In the event of problems, the User should contact the corresponding service provider.
11.- INTELLECTUAL PROPERTY
11.1 Intellectual and Industrial property regarding the BOGOTÁ GRAFFITI TOUR Website.
Any and all intellectual property rights associated with the Website and its contents are the sole property of BOGOTÁ GRAFFITI TOUR or third party Websites. All designs, texts, custom graphics, logos, icons, buttons, software, names, brands, industrial drawings and other items that appear on the Website are property of BOGOTÁ GRAFFITI TOUR and other entities that have granted BOGOTÁ GRAFFITI TOUR the right and licence to use such Marks and may not be used or interfered with without the written consent of BOGOTÁ GRAFFITI TOUR or the third-party entities.
None of the Website’s Content and/or information may be modified, reproduced, republished, translated into any other language, distributed or re-transmitted in any form or by any means without prior written consent of BOGOTÁ GRAFFITI TOUR.
BOGOTÁ GRAFFITI TOUR does not give the User any licence or authorization of any kind regards its intellectual and industrial Property or any other kind of rights related to the Website, services and Contents. In no case will the access and navigation of the Users imply a renunciation, transmission, licence or total or partial cession of these rights on behalf of BOGOTÁ GRAFFITI TOUR.
Any use of these contents not previously authorised by BOGOTÁ GRAFFITI TOUR will be considered a serious infringement of the intellectual or industrial property rights and will give rise to legally established liabilities.
12.- MODIFICATIONS
BOGOTÁ GRAFFITI TOUR reserves the right to make as many changes as necessary to these General Conditions of Use. If any modifications are made, Users will be previously informed. These modifications will be valid from the moment they are published on the Website.
13.- SAFEGUARD CLAUSE
All the clauses or provisions in these General Conditions of Use must be interpreted independently and autonomously. The rest of clauses may not be affected if one of them is declared void by judicial judgement or firm arbitration. The clause or clauses that have been affected will be replaced by other provisions that preserve these General Conditions of Use.
14.- JURISDICTION AND APPLICABLE LEGISLATION
These General Conditions of Use are in accordance with the Colombian Legislation. In case of a litigation concerning the interpretation, execution or validity of these General Conditions of Use, the Courts and Tribunals of the User shall be competent.