TERMS & GENERAL CONDITIONS OF THE TOURISTIC PACKAGES POST-COVID-19 ACQUIRED WITH MAGIC TOUR COLOMBIA S.A.S.

LIABILITY CLAUSES.

Agreement:

When acquiring the registration to any of the tours Magic Tour Colombia S.A.S., the customer states that he / she knows and approves of every single term of this “General Conditions”, all of which will work as Law between the parties, available on our web site for being printed, or in the specific travel Project.

Documentation:

Every customer should carry with them the necessary personal documentation. MAGIC TOUR COLOMBIA S.A.S. does not assume any responsibility about the information, withdrawal or rejections on visas or passports.

Registration:

The moment the customer gets registered for participating in any tour of Magic Tour Colombia S.A.S. would make him / her aware of the fact that nothing can be understood or presumed as included if it is not described in the publicity brochures and general conditions.

Reservations conditions:

The reservations will be confirmed with a minimum payment of 10 % out of the total price. The remaining value must be paid before starting any tour of MAGIC TOUR COLOMBIA S.A.S, otherwise the customer will have no right to enjoy it.

Confirmation:

The confirmation of a reservation, which gathers the fundamental elements, such as the description of the booked services and the price, will be delivered to the customer by giving an acknowledgment of receipt when booking in person. If the reservation is online or by phone, it will be sent to the customer by email. In case the customer does not receive a confirmation email within the next 24 hours counting from the reservation, the customer must get in contact with the Commercial Department by writing to this email: reservas@magictourcolombia.com.

It is expressly agreed that the stored data in the computer systems of MAGIC TOUR COLOMBIA S.A.S. and its Agencies will constitute sufficient evidence about the reservations made by the customer, and, therefore will be accepted by virtue of the same conditions and same evidential value as a physical paper.

Payment terms:

The tours acquired from us will be paid:

  1. In person, only and exclusively in the offices the Company has for this purpose and its employees designated for this purpose, receiving the official receipt as a guarantee for taking the tour, accepted in cash, credit or debit cards.
  2. In a virtual manner, on the web site of the Company www.magictourcolombia.com all services can be paid via electronic transferences with the banks PaYu and/or PayPal, cash money (Baloto, Efecty) and/or allocations.
  3. In a virtual manner, using the pay-now link available via email, the social media of the Company or WhatsApp of the corporate mobile numbers 317 679 2441 or 314 571 3645.
  4. Installment Plan; The customer has the possibility to invest in planned vacations with a monthly fee for the chosen duration, within the options that Magic Tour Colombia S.A.S has available. The customer can give the monthly fee for this plan in person, at the Company offices and to the employees that the Company has for this purpose, according to the payment method it can be pay in cash, credit or debit card, requiring as guarantee the official receipt; In a virtual manner, using the payment link available via email, the social media of the Company, WhatsApp only through the official numbers of the Magic Tour Colombia S.A.S., also via electronic transfers  or consignments. This type of payment in installments does not charge any interest.

Cancelation and/or Modification with no Justification by the Customer:

  1. The confirmed reservations must be paid or modified at least two days beforehand, within the Colombian labor schedule (8:00 am – 12:00 m / 2:00pm – 6:00pm) in local Colombian time.
  2. The reservations canceled or modified the day before, or the day of departure will have a penalty of 20 % on the total value of the tour per passenger for administrative expenses, in addition to the expenses already generated (tickets, food, accommodation, among others). The customer does not have the right to a refund, when only 20 % of the tour has been paid as part of the reservation, and the cancellation request is made with less than forty-eight (48) hours in advance. The non-presentation of the customer (NO-SHOW) when the provision of services must start, will have a charge of 100 % of the total value of the program.
  3. The reservations canceled more than 48 hours before the provision of the service will have a charge of 10 % on the total value of the service for administrative expenses, in addition to the expenses already generated (tickets, food, accommodation, among others). 

Cancelation and/or Justified Modification by the Customer:

             *The customer could modify the date of the reservation, without any penalty being considered, as many times as the customer deems necessary, due to the health emergency of COVID-19.       

A justified travel cancelation is assumed when this is accompanied with the support that justifies this request. Once the supports are received the whole process gets started before the service providers (hotels, operators, etc.) The only valid supports are:

  1. In case of illness: a) Medical incapacity issued by the authorized medical center. b) Copy of the identity papers of the people who will not travel. c) A signed letter by the passenger briefing the reasons on why they will not travel. d) Receipt of payment of the reservation, or the total price of the tour.
  2. It is not assumed as justified the reasons herein described as causes of exoneration of responsibility of Magic Tour Colombia S.A.S.

Both the penalty or differences resulting from date modifications, will be responsibility of the customer. The difference deposited in our offices will be refunded within no more than thirty (30) calendar days right next to the date when the request was filed before the providers.

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

The departure and return times of the different tours offered by the Company are subject to changes, depending on the season the service is given, as well as weather conditions, natural events, governmental permissions, among other situations other than the willingness of the company itself.

In case there exist any situation whatsoever that might impede the service provision, the company will be able to offer the purchaser a destination change, having this one the possibility of either accepting or rejecting the offer. In case of being accepted there will no refund or infringement by MAGIC TOUR COLOMBIA S.A.S.

Exemption of liabilities:

  1. MAGIC TOUR COLOMBIA S.A.S. will be exempted from hired duties in cases of force majeure or unforeseeable circumstances such as accidents, strikes, riots, earthquakes, climate or natural events, security conditions, political factors, rejection of entrance permission, sanitation and/or any other hazard out of the control of the company such as accidents, difficulties on the roads, or adverse weather conditions.
  2. MAGIC TOUR COLOMBIA S.A.S. will not undertake any responsibility facing legal issues or any other inconveniences in which the customer might get involved, including migration issues, investigations or request of authorities. In case the customer is obliged to leave the tour for the above mentioned reasons, MAGIC TOUR COLOMBIA S.A.S. will not be responsible of the personal expenses carried out by the customer.
  3. MAGIC TOUR COLOMBIA S.A.S., will reserve the right to withdraw from the tour any one whose behavior might jeopardize the journey itself, possesses legal issues and other causes not attributable to MAGIC TOUR COLOMBIA S.A.S. and therefore will not be responsible of the personal expenses carried out by the customer.
  4. MAGIC TOUR COLOMBIA S.A.S., will reserve the right to execute modifications to the plan or touristic service hired during events of force majeure or unforeseeable events, without requiring the customers’ acceptance.

Refunds:

Once the service gets started, no refunds of any nature will be given.

Baggage:

We will assume no responsibility due to baggage loss or damage resulting from customer’s imprudence, negligence, unforeseeable events, force majeure or disregard to the instructions and/or regulations established by tourist service providers in order to enjoy the stay; and also not giving their jewels, money and/or any other valuable possession in the safe keeping. It is recommended that the customers be present during the baggage loading and unloading.

Beginning tour:

All customers must be ready and equipped at the agreed time and place for being picked up by the transport when the service should start, and if after 15 minutes they are not ready, they will have to head using their own means to the headquarters in Santa Marta within the next 20 minutes; otherwise, the customer could miss the tour.

Environmental, cultural and legal commitment:

In MAGIC TOUR COLOMBIA S.A.S., we strongly believe that the economic growth and social welfare are closely connected with health and the environment. Consequently, we assume responsibility over environmental management and we commit ourselves to integrate the main ecological practices and sustainability principles into our strategy of core business.

  1. We would like to inform that we do not support at all the trade of any flora and fauna species. We utterly respect and promote our biodiversity, in accordance with the Law 17 of 1987 to prevent, punish and reject any act leading to mistreat and put at risk the life of animals in the country as well as the Law 1333 of 2009 in order to stop the continuation or execution of any sort of deeds against the environment.
  2. We do not support any illegal cultural goods trade. We utterly respect and promote the preservation of our culture, in accordance with the Law 63 of 1986 intended to avoid the illegal traffic of cultural goods from the country and the Law 1185 of 2008 intended to reach protection, sustainability, disclosure and stimulus for goods belonging to the cultural heritage of the nation.
  3. Magic Tour Colombia rejects discrimination or any racism deed against vulnerable population. Both Law 1752 of 2015 and 1484 of 2011.
  4. MAGIC TOUR COLOMBIA S.A.S. commits itself to promote the Law 679 approved on August 3th, 2001, whose objective is to establish regulations to prevent and counteract the exploitation, pornography and sexual tourism of minors, in accordance with Article 44 of the Political Constitution of Colombia. In this respect, it is our duty to inform to all of our users and customers about Article 17 of Law 679/2001: The exploitation and sexual abuse against minors are both administratively and criminally prosecuted in Colombia. Additionally, we rely on an ethical code to avoid sexual and labor exploitation of children in accordance with the Resolution 3840 of December 24th, 2009 and in accordance with Article 1 of Law 1336 of July 21rst, 2009.
  5. In accordance with Law 1581 of 2012 and other regulatory standards to protect personal data of minors (both children and adolescents) and also adults who submit their personal data into our data base for tourism purposes or others, aiming to protect their rights and guaranteeing the responsible and secure use of that personal information, and therefore guaranteeing the right to privacy and securing any data submitted on the registration forms in the agency, as well as on the website and after the enactment of the law.
  6. MAGICTOUR COLOMBIA S.A.S is aware of the current situation that has been generated by the health emergency of COVID-19, therefore it undertakes to comply with everything required in Resolution number 000666 of 2020 corresponding to the biosafety protocols with the purpose to help mitigate and control the impact of this pandemic, guaranteeing security and tranquility in the services offered to its customer.

Complaints:

Through the different means that MAGIC TOUR COLOMBIA S.A.S has established for this purpose, (in person, in a virtual manner or by phone), the customer complaints will be answered within the next 8 days.

Internet Security Risks:

  1. There exists the possibility that a user be deceived by emails or a hoax by DNS servers for making them visit a website sharing the same design, but leaving their card data in a false system, stealing their information. Therefore, it is pivotal to create culture, that all users log in to recognized websites so that risks will be avoided.
  2. There exists the possibility that the computer from where the buyer is doing the transaction have a spy software unnoticeably installed, aiming to capture all what is typed on the keyboard or capture information from any input devices and eventually sent to another website or host. Due to the above, it is utterly recommended that the transaction be made either at a home computer or from the agency itself.
  3. There could exist identity theft of the “USER” or that the “USER” denies having sent and / or received the transaction and this might ultimately be used by someone else.
  4. It is utterly recommended to have installed a powerful and updated antivirus in the device from where the transactions take place in order to reduce fraud.
  5. In this sense, this website could have links able to communicate with other websites operated by third parties, totally independent to the website of the Travel Agency. MAGIC TOUR COLOMBIA S.A.S. has no control over phishers and thus assume no responsibility thereof. The appearance of these websites into the webpage of MAGIC TOUR COLOMBIA S.A.S., does not mean at all any sort of association with the above mentioned third parties nor their operators. This website has connections with other websites, so please bear in mind that whenever you are using these links, you will be likely logging on a page not owned by the official website of MAGIC TOUR COLOMBIA S.A.S. and this one, has therefore no responsibility thereof.

Administration fee:

A ten per cent (10%) fee is charged out of the value of the hired tour by the customer and this value might vary according to the purchase process used, not being reimbursable.

 

FANNY MARÍA MUÑOZ ARANGO

Representante Legal / Gerente General.