TERMS & GENERAL CONDITIONS OF THE TOURISTIC PACKAGES ACQUIRED WITH MAGIC TOUR COLOMBIA S.A.S.

LIABILITY CLAUSES.

Agreement:

By requesting registration for any of the services of MAGIC TOUR COLOMBIA S.A.S. the client declares that he/she knows and approves all these “General Terms and Conditions” which will be law between the parties, and are available to be printed on our website, or in the specific travel project.

Documentation:

All Clients must carry with them the necessary personal documentation. MAGIC TOUR COLOMBIA S.A.S. is not responsible for the information, withdrawal and refusal of visas or passports.

Registration:

The simple fact of registering to participate in any MAGIC TOUR COLOMBIA S.A.S. service implies that nothing shall be understood or imagined to be included if it is not described in the advertising brochures and/or general terms and conditions.

Reservation conditions:

Reservations will be confirmed with a minimum payment of 10% of the total value of the service. The remaining value must be paid at least one day prior to the provision of the service, otherwise the client will not be entitled to the provision of the service.

Confirmation:

The confirmation of a reservation, which gathers the fundamental elements, such as the description of the reserved services and the price, will be delivered to the client by means of the confirmation of services, which will be sent to the client by e-mail. If the customer does not receive a confirmation e-mail within 24 hours of making the reservation, he/she should contact the customer service department at the following e-mail address: reservas@magictourcolombia.com.

It is expressly agreed that the data stored in the computer systems of MAGIC TOUR COLOMBIA S.A.S. and its allies will constitute sufficient proof of the reservations made by the Client. Data stored in computers or electronic media are sufficient proof and, therefore, shall be acceptable under the same conditions and with the same probative value as a physical document.

Terms of Payment:

Tours must be paid for:

  1. In person, only and exclusively at the offices provided by the company and by the employees duly designated for this purpose, receiving as a guarantee of the tour the respective confirmation of services, via e-mail, and may be paid in cash or by credit or debit card.
  2. Virtually, through the company’s website www.magictourcolombia.com you can pay for the services through the ePayco platform with credit or debit card and/or PayPal. Virtually, using the payment link obtained by email, social networks of the company or WhatsApp from corporate cell phones. Consignments to the corporate bank accounts of MAGIC TOUR COLOMBIA S.A.S., can only and exclusively be processed through corporate emails and/or corporate cell phones by workers duly designated for this purpose.
  3. Plan payment in installments; it is a vacation investment plan with a fixed monthly fee for the duration selected by the client within the different options available. The plan is conceived in different installments to give the opportunity to decide and schedule according to their expectations. The contributions can be made in person, at the company’s offices and to the employees that the company has available for this purpose and may be in cash or credit or debit card, requiring as a guarantee the respective payment support; virtually, using payment link obtained by email, social networks of the company or WhatsApp of corporate cell phones or through electronic transfers and / or consignments. In this type of payment schedule there is no room for charging any interest.

 

Cancellation and/or Modification Without Justification by the client:

  1. Confirmed reservations must be cancelled or modified at least two days before, during Colombian business hours (8:00 am – 12:00 m / 2:00 pm – 6:00 pm) Colombian local time.
  2. Reservations cancelled and/or modified one day before will have a penalty of 20% of the total value of the tour per passenger for administrative and financial expenses, in addition to the expenses already generated (entrance fees, transport, food, lodging, among others).
  3. The client is not entitled to a refund when only 20% of the tour has been cancelled as part of the tour reservation, and/or the cancellation request is made less than twenty-four (24) hours in advance.
  4. The no show (NO SHOW) at the beginning of the services will be charged 100% of the total value of the program.
  5. Reservations cancelled and/or modified more than 48 hours before the service will have a penalty of 10% of the total value of the service, in addition to the expenses already incurred (entrance fees, transport, food, lodging, among others).

Cancellation and/or modification justified by the client:

A trip cancellation is considered justified when it is accompanied by the supporting documents that justify the request. Once the supports are received, the cancellation will be processed with the service providers (hotels, transport, operators, etc.). The penalty or differences caused by date changes will be charged to the client. The difference deposited in our offices will be returned within a period not exceeding thirty (30) calendar days following the date on which the request was filed with the suppliers. The valid supports are the following:

  1. In case of illness:

a) Medical incapacity issued by an authorized medical center.

b) Copy of the identity documents of the persons who are not traveling.

c) Letter from the passengers informing the reason for not traveling.

d) Proof of payment of the reservation or totality of the tour.

2. The reasons described here are not understood as justified as grounds for exoneration of responsibility of Magic Tour Colombia S.A.S.

Cancelled reservations will be charged 10% of the total value of the service for administrative and financial expenses, in addition to the expenses already generated (entrance fees, food, transport, lodging, among others). The difference deposited in our offices will be returned within a period not exceeding thirty (30) calendar days following the date on which the request was filed with the suppliers.

Cancellation and/or Justified Modification by MAGIC TOUR COLOMBIA S.A.S.:

The departure and return schedules of the different services offered by the company are subject to change, depending on the season in which the service is provided, weather conditions, natural phenomena, governmental permits, among other situations beyond the company’s own control.

In case of a situation that prevents the provision of the contracted service, the company may offer the buyer a change of destination, having the possibility to accept or reject the offer; In the case of being accepted there will be no place for any reimbursement or default by MAGIC TOUR COLOMBIA S.A.S.

Exoneration of responsibilities:

  1. MAGIC TOUR COLOMBIA S.A.S. will be exempted from the contracted obligations in cases of force majeure or fortuitous event such as accidents, strikes, riots, earthquakes, climatic or natural phenomena, security conditions, political factors, denial of entry permits, health issues and/or any other circumstance beyond the control of the company such as accidents, road difficulties, or adverse weather conditions.
  2. MAGIC TOUR COLOMBIA S.A.S. will not be responsible for legal matters or other inconveniences in which the user may be involved, including immigration issues, investigations or requirements of authorities. In the event that the user is forced to withdraw from the excursion for such reasons, MAGIC TOUR COLOMBIA S.A.S. will not assume responsibility for any personal expenses incurred by the passenger.
  3. MAGIC TOUR COLOMBIA S.A.S., reserves the right to withdraw from the tour to those who incur in behaviors that attempt against the realization of the trip, legal problems and other causes not attributable to MAGIC TOUR COLOMBIA S.A.S. being exempted from the personal expenses incurred by the client.
  4. MAGIC TOUR COLOMBIA S.A.S., reserves the right to make modifications to the plan or tourist service contracted in events of force majeure or fortuitous event, without requiring the acceptance of the user.

Refunds:

Once the contracted service has begun, no refunds of any kind are made.

 Luggage:

We do not assume responsibility for loss or damage of luggage suffered by customers as a result of imprudence, carelessness, fortuitous event, force majeure or non-observance of the instructions and/or regulations that, for the enjoyment of their stay, are made by providers of tourist services; or failure to deliver in custody of jewelry, money and/or property owned by customers. It is recommended to the users to be present during the loading and unloading of luggage.

Initiation of the service:

Customers must be ready and equipped at the agreed time, at the agreed place to be picked up by the transport at the beginning of the service, and if after 15 minutes they are not ready, they must be present at the place of the tour by their own means and assuming the costs. Exclusively in the case of the tour to Ciudad Perdida, they must arrive at our main office in Santa Marta within 20 minutes, if after this time the client has not arrived, the tour could be lost.

Environmental, cultural and legal commitment:

  1. At MAGIC TOUR COLOMBIA S.A.S., we believe that economic growth and the well-being of society are intimately linked to health and the environment. Accordingly, we accept our responsibility for environmental stewardship and are committed to integrating leading green practices and sustainability principles into our core business strategy.
  2. We inform that we do not support the illegal trade of flora and fauna species, we respect and promote the conservation of our biodiversity, in accordance with Law 17 of 1981 to prevent, punish and reject any act that mistreats and threatens the life of animal species in the country and Law 1333 of 2009 to prevent the continuation or realization of actions against the environment.
  3. MAGIC TOUR COLOMBIA S.A.S. rejects discrimination or acts of racism to vulnerable population. Law 1752 of 2015 and Law 1484 of 2011.
  1. MAGIC TOUR COLOMBIA S.A.S. is committed to promote Law 679 approved on August 3, 2001, whose objective is the establishment of norms to prevent and counteract exploitation, pornography and sexual tourism with minors, in development of Article 44 of the Political Constitution of Colombia. In this sense, it is our duty to inform all our users and clients of Article 17 of Law 679/2001: Sexual exploitation and abuse of minors are criminally and administratively sanctioned in Colombia. Additionally, we have a code of ethics to prevent sexual and commercial exploitation of children in accordance with Resolution 3840 of December 24, 2009 and according to Article 1 of Law 1336 of July 21, 2009.
  2. In compliance with Law 1581 of 2012 and other regulatory standards for the protection of personal data of minors (children and adolescents) and adults who provide their personal data that are included in our databases, for tourism or other purposes, preserving their protection, conservation and ensuring their responsible and safe use, seeking to protect the right to privacy and protection of their personal information and all that is provided through the registration forms in the agency and also on the website before and after the entry into force of the law.
  3. Taking into account the current affectation caused by the COVID-19 pandemic, MAGIC TOUR COLOMBIA S.A.S. commits to comply with all the requirements of Resolution 692 of 2022 corresponding to the biosecurity protocols in order to help mitigate and control the impact of this pandemic, guaranteeing its clients security and tranquility in the services offered.

 

Requests, complaints, claims, suggestions and congratulations:

They can be made through any of the company’s customer service channels; virtual, in person or by telephone. This will be dealt with within a maximum of 8 working days.

Internet Security Risks:

  1. A user may be deceived by means of e-mails or some DNS server deception, to visit a fake site with the same design, but where the card data is loaded into the fake system, stealing information from the cardholder. Therefore, it is important to generate the culture that users should enter directly through known domains to reduce risks.
  2. It is possible that the computer where the user is performing the transaction, has installed without prior knowledge of the user, some spyware or malicious software that captures everything typed on the keyboard or captures information from input devices and sent to a network or host on the Internet. Therefore, it is recommended that the transaction be made on a home or office computer.
  3. The “USER” could be impersonated or the “USER” could deny having sent and/or received the transaction and it could be used by a third party.
  4. It is recommended that the equipment where electronic transactions are made, has an updated and active antivirus to mitigate the risks of fraud.
  5. This site may contain links (links) that communicate with portals operated by third parties independent of the website of the Travel Agency. MAGIC TOUR COLOMBIA S.A.S. has no control over them and is not responsible for their contents. The inclusion of these sites on the MAGIC TOUR COLOMBIA S.A.S. website does not imply any type of association with said third parties or their operators. This Website has links to other websites, please note that when you enter one of these “links”, you are entering a portal outside the website of MAGIC TOUR COLOMBIA S.A.S. and it, therefore, has no responsibility.

 

Administrative fee:

An administrative fee of ten percent (10%) of the value of the contracted tour per client is charged and the value varies according to the purchase process used, which is non-refundable.

 

FANNY MARÍA MUÑOZ ARANGO

Representante Legal / Gerente General.