TRANSPORT & TOURISM DEL EJE S.A.S BIC

The person who is going to take any of our services as “the traveler”, “the tourist” “the user” either NATIONAL AND / OR FOREIGN, at the time of registration, as well as at the time of canceling your reservation by any of the means provided for this purpose, declares in a voluntary and spontaneous manner that ACCEPT the terms and conditions described herein, as well as compliance with the itineraries of the activities that we will call hereinafter “THE TOURS” and thereby, ACCEPT the specifications for the normal development of the same ” tour”. 

For the case of TOURIST and BUSINESS transportation, they are also framed and taken into account within our TERMS AND CONDITIONS AND DATA PROCESSING POLICY.

https://docs.google.com/document/d/1qY0ikqPCfvy6nVlgjBmANijOAUtLnZiw7sOX6hEC_F4/edit

The present text is therefore a BINDING contract between the parties (tourist, tourists, users of the special public transport or Sena tourists and / or officials of the companies that hire the service either only transport or service package tours with the agency: TRANSPORTE Y TURISMO DEL EJE S.A.S BIC, contract is made through the WEBSITE, or corporate mail: contacto@transporteyturismodeleje.com, or other magnetic media, digital derived from the website.

It also accepts the other policies that complement our services and that are published on our platform (policy of treatment of personal data that are delivered by the contractor and that are provided to users in a CLEAR manner in the following LINK

https://docs.google.com/document/d/1qY0ikqPCfvy6nVlgjBmANijOAUtLnZiw7sOX6hEC_F4/edit

these policies are an integral part of the acquisition and purchase of services and the USERS agree to execute the requested service.

TRANSPORTE & TURSIMO DEL EJE shall have the right to change itineraries, tour dates, change of vehicle, change of guides, among others that are an integral part of the package such as restaurant, cafeterias and others, in response to circumstances of force majeure, extreme weather, natural disasters, strikes or marches, among other variables that may cause the tour can not develop normally, this before being executed the tour if it could be known in time that should not be developed within normality. In the event of a problem during the tour, which is not caused by the company TRANSPORTE & TURISMO DEL EJE. TURISMO DEL EJE is neither RESPONSIBLE NOR GUILTY FOR THE NORMAL DEVELOPMENT OF THE TOUR, NOR FOR THE SERVICE OF USER TRANSPORTATION and will try the best way to overcome if possible and continue, if it is not possible in such a case of the TOURS and that have previous reservation, we will submit to the policies of the places where a reservation was made or where a reservation was made and was previously canceled in advance for the purpose of rescheduling or refund the money of the reservation; as this is a service that we are not directly responsible since we are not the owners of sites such as viewpoints, blocks, hot springs, we WILL SUBMIT TO THEIR POLICIES, TERMS, CONDITIONS.

in case the users take other additional services that are not included in those that the TOURIST OR USERS OF SPECIAL PUBLIC TRANSPORTATION decide to take, the company TRANSPORTE & TURISMO DEL EJE will not be in charge of the cancellation or payment of these, nor of what in its development may occur. The INSURANCE of the tourist may not cover it and we also SUBMIT TO THEIR POLICIES, TERMS, CONDITIONS.

In case users do not agree with our POLICIES, TERMS AND CONDITIONS WE ASK THEM NOT TO TAKE OUR SERVICES. In turn, all our services offered by the platform and other digital channels or magnetic media, are for 18 YEARS OLDER-MAJORS OF AGE in the case of persons born in COLOMBIA and in the case of other countries, persons requesting our services must be of legal age according to their own laws.

TOURISTS are OBLIGATED to abide by and comply with the laws of our national territory, ignorance of the law does not exempt them from responsibility, they must abide by, comply with and respect the laws and the requirements of the competent authorities, present in case of being required the identification documents before the authority that requests it and will be responsible for the documents of the minors that in our country would be people that their age DOES NOT EXCEED 18 YEARS, they will be considered minors and the adults that travel with them would be THE RESPONSIBLE ADULTS, the omission of the law on the part of the mentioned tourists IS NOT RESPONSIBILITY OF TRANSPORTE & TURISMO DEL EJE, by the aforementioned tourists is NOT RESPONSIBILITY OF TRANSPORTE & TURISMO DEL EJE. TURISMO DEL EJE, therefore we are not jointly and severally responsible for the payment of pecuniary or economic fines in case the tourists are fined, much less in CRIMINAL matters.

Any of these situations that may arise, that affect the normal development of the tour, or that prevent it from being carried out in a natural way as scheduled and for which the TOURIST paid, that for these reasons the tour is partially or even NOT carried out or that during its development it is interrupted for these reasons, TRANSPORTE & TURISMO DEL EJE is not responsible and will assume that the company complied with what was agreed and / or contracted and that for reasons beyond our control as a company the tour was not carried out or was partially carried out implying that the company did not comply with what was agreed and / or contracted. TURISMO DEL EJE is not responsible and will assume that the company complied with what was agreed and / or contracted and that for reasons beyond our control as a company the tour was not developed or was made partially implying not having been able to enjoy everything that was contracted and NO REFUND OF MONEY WILL BE GIVEN TO THE TOURIST even if he has not gone to the attraction that was reserved, or was in it and for reasons of the tourist must pause or not develop or by other circumstances of force majeure described above such as natural disaster, hazards, among others.

TRANSPORTE & TURISMO DEL EJE IS NOT RESPONSIBLE for the disciplinary conduct of tourists that may lead to expulsion from the tour in which they are immersed or involved, or against those that violate morality.

Nor are we responsible for accidents, losses, damages suffered by users within the tour, either during the tour that make the vehicles for this purpose we have intended which are special public service cars endorsed by the Ministry of Transport, the places you visit as traction is tourist and public and private spaces.

They must abide by the recommendations made by the guides, drivers and staff attending the places to visit, the belongings are the responsibility of the tourist and user of both tours and transportation, their care and others are not the responsibility of third parties.

They shall abide by the guidelines for the use of spaces and ENVIRONMENTAL PROTECTION. 

The user declares to have been informed in a CLEAR and precise manner of the risks and dangers that may occur and of the behavior to be assumed in case of occurrence.

Users taking our services declare under their responsibility that:

They do not suffer from cardiovascular diseases, are not pregnant, do not suffer from any other injury that would prevent them from performing the activity without risk to their health and have not consulted a doctor in case of risk.

Do not suffer from ASTHMA, EPILEPSIA, DIABETES, SCHIZOPHRENIA or similar disorders.

If any of the travelers wears prosthesis (including those of SILICONE), he/she personally assumes the risk of damage to the prosthesis that the activity he/she is going to carry out may cause.

The travelers have not undergone surgery in the past year, are not undergoing rehabilitation, are not convalescing, and have not been badly healed from previous injuries, and if so, assume the risks that they may suffer.

Is of legal age and/or has the permission of his or her legal representative to practice the activity.

The activity and the risks involved, as well as the behaviors to be observed, have been explained to your satisfaction.

Be accompanied by a guide, whose instructions you agree to follow.

Travelers assume responsibility for any actions they perform that are not in accordance with the explanations and orders they receive from the guide.

The traveler agrees not to be under the influence of alcohol or drugs, as well as any other medication that may compromise their stability, reflexes or in any other way affect their ability to carry out the activity.

Get to know the assistance or accident insurance.

You have been provided with all the technical or safety material for the practice of the activity.

Cancellation Policy

We will refund up to 80% of the booking if the cancellation is made up to 30 days before the tour due to legal retentions and taxes in our country.

We will refund up to 60% of the booking if the cancellation is made up to 8 days before the tour.

We will refund up to 40% of the booking if the cancellation is made up to 72 hours before the tour.

No refund will be issued if the cancellation is made within 48-24 hours before the tour.

If the tourist does not show up for the tour, whether it starts with the pick-up at the specified or indicated location, or if it is not the correct location and the vehicle needs to be moved to another destination, and the user no longer wishes to take the tour, or if the tourist schedules their arrival at an airport where we are supposed to pick them up to transport them either to their hotel or directly to start the tour, and for some reason they do not arrive on the scheduled flight or on one reassigned by the airline with which they contracted, no refund will be issued. This is because the guides, vehicles, and services (such as horseback riding, prepaid entrance fees) are already committed to working for the tourist on that day, and their non-arrival implies that these individuals, goods (vehicles), and services cannot lose their workday/hours because they are already engaged in the tour, and they are not responsible for the tour not taking place. The user or tourist may choose a new date, and the cost will be analyzed starting from that new reservation.

In the case of transportation (vehicle assigned and waiting for the user), the guide accompanying them during the tour will not refund the money corresponding to their salaries.

The principle of good faith, framed in Article 83 of our political constitution of Colombia and other judgments and/or jurisprudence, is presumed.

In any case, the company will analyze the inconvenience of not reaching the tour regardless of the reason the user has, and we will try to reach an agreement with the tourist. If this is not possible, we will limit ourselves to applying OUR TERMS AND CONDITIONS AND PRIVACY POLICIES disclosed on our website in various languages.

TIME DURATION OF THE TOUR

The tours will start in the morning hours (it is suggested by our experience), the suggested schedule is 8 AM; users or tourists may indicate if they wish to change the start time, for its completion we have a maximum of leaving the tourists in their place of origin or place they wish to be left to finish the day, the 18:00 hours / 6:00 PM. 

From now on, overtime surcharges will be applied for the guides, the use of the vehicle with its driver and the person in charge of the coordination. They may be given BUT MUTUOUS AGREEMENT between the user and / or tourist and the company TRANSPORTE & TURISMO DEL EJE. if this is not the case the company is not responsible for what corresponds to this additional hours.

These locations where the schedule will be subject are:

Salento

Cocora Valley

Coffee Park 

Others

In the case of the tour to the hot springs, the departure time will be according to the availability of TERMALES DE SANTA ROSA OR TERMALES DE SAN VICENTE OR TERMALES DEL OTOÑO, since they manage the entrances and exits in several shifts, which in average are of (05) five hours maximum according to their policies.

The tourist’s request is validated as long as there is availability by us and the third parties that operate our tours, the number of people that will participate will be taken into account. Based on this information we will define a cost per person or a collective cost for the whole group.

 ID or passport photos will be used to make reservations at the offices.

of National Natural Parks

Once the User makes a reservation, availability will be validated with the Supplier. Once availability is verified, the User will receive confirmation of his/her reservation, and must make the corresponding payment within seventy-two (72) hours.

If payment is not made within this period, the reservation will be invalidated. 

If the User makes a reservation more than ninety-six (96) days in advance, he/she must cancel all or at least 50% of the reservation in order for it to be completed.

The reservation of a tour entitles the User to enjoy all the services included in the corresponding reservation, which are detailed in the Platform at the time of purchase. Payment through the Platform is made through a payment gateway which will transfer the money to us and we will transfer the corresponding payments to the Provider. Reservations made by Users are non-transferable, they cannot be transferred to another person.

The value of the tours are on the Platform in dollars (USD) TRANSPORTE & TURISMO DEL EJE is not responsible for charges generated by third parties or financial institutions at the time of payment through the Platform or payment gateways.

In the event that the User does not show up on time at the place and date of the start of the Experience, or arrives after the start of the same for reasons beyond the control of TRANSPORTE & TURISMO DEL EJE and/or shall not be obliged to reimburse the User any amount. The same shall apply if the User wishes to cancel or withdraw from the tour during the course of the same for any reason. We reserve the right to make refunds it deems, without any obligation, when the absence or cancellation by the User is due to circumstances of unforeseeable circumstances or force majeure duly accredited.

We reserve the right to cancel or reschedule Experiences booked by Users due to unforeseen circumstances or force majeure such as severe weather conditions and/or public order problems, without limitation.

The User may cancel the purchased Experience and reschedule the date of the Experience or modify it for another Experience by informing the User in a timely manner no less than thirty (30) days prior to the start date of the Experience. The User must reschedule the date of the tour within six (5) months from the date of rescheduling, and the advance payment or value paid for the tour initially purchased will be valid for the rescheduling. The User agrees to pay any additional expenses, taxes or costs generated by the modification made to the reservation.

The original reservation may only be rescheduled one (1) time, and the new reservation will be subject to the availability of TRANSPORTE & TURISMO DEL EJE and the Supplier. Any request to reschedule a reservation that has already been rescheduled one (1) time will be considered a cancellation of the tour by the User according to our policies (see terms and conditions).

In accordance with the provisions of Law 1480 of 2011, the User may exercise the right of withdrawal within five (5) business days following the date on which the reservation of the tour is made. The User may not exercise the right of withdrawal when there are less than five (5) days for the start of the tour.

The User will receive a refund of the money paid during the next thirty (30) calendar days from the date on which he/she sent a written communication, exercising the right of withdrawal. To exercise the right of withdrawal by making your decision known through various digital, magnetic, technological and physical means such as approaching our offices.

 Reversal of payment

In accordance with the provisions of Law 1480 of 2011, the payment made by the User shall be reversed in case of fraud or unsolicited operations. In these cases, the User shall notify TRANSPORTE & TURISMO DEL EJE of the fraud or unsolicited transaction within five (5) days from the date on which he/she became aware of the fraudulent or unsolicited transaction.

If the User has a request, complaint or claim about his/her reservation through the Platform and prior to the start of the Experience, he/she may submit the request, complaint or claim to the following e-mail contacto@transporteytursimodeleje.com.

Requests related to cancellations, modifications to the reserved Experience and any other inquiries directly related to the reservation will be answered by this means within fifteen (15) business days.

If the User has a request, complaint or claim about the tour and after the development of the tour, the User may submit the request, complaint or claim, we will forward it to the corresponding Provider for resolution. 

 TRANSPORTE & TURISMO DEL EJE will only be responsible for forwarding the request, complaint or claim to the Supplier.

It is the User’s responsibility to be aware of his/her physical and mental condition, health and/or dietary limitations, and any other particularities that may affect his/her participation in any of the services included in the purchased tour. Before starting the tour, the User shall inform the Provider about any physical or medical condition he/she may have in this regard. Notwithstanding the above, neither Cordillera nor the Supplier shall be responsible for any eventuality that may occur to the User in relation to these conditions during or after the tour, nor for any physical condition or illness that has not been made known to the User.

Users accept that participation in the tours entails inherent risks such as illness, bodily and/or cognitive injury, disability or death, for which reason it is the responsibility of the User to verify the characteristics, terms and conditions of the tours before booking them, in order to freely determine their suitability to participate. At the moment of booking a tour and participating in it, the User confirms, accepts and acknowledges that he/she has sufficient physical and mental capacity and suitability, and that he/she has chosen to participate freely, voluntarily and consciously. In this sense, the User voluntarily assumes all liability arising from any type of injury, loss or damage suffered or caused during the tour, without limitation and to the extent permitted by applicable Colombian law. In case the tour purchased by the User includes insurance granted by the Provider, the coverage of eventual damages and/or injuries shall be regulated by the insurance purchased.

The User understands and acknowledges that the Experiences take place in locations where medical and/or rescue assistance may be limited or delayed, as well as the availability of medical supplies. In this regard, the User acknowledges that it is the User’s responsibility to evaluate the impact of such limitations on pre-existing medical conditions.

The User is responsible for its own acts and/or omissions, and for the acts and/or omissions of its dependents. The User agrees to hold TRANSPORTE & TURISMO DEL EJE harmless and waive any claim or action it may have in the present or in the future, related to acts, omissions or negligent conduct on the part of the User or its dependents. If the User’s reservation includes minors, the User must be legally authorized to act on behalf of the minor, and shall be solely responsible for their supervision.

We are not responsible for false or incomplete information provided by users at the time of booking, or during the development of the tour. Similarly, we will not be liable for any damages and/or lost profits arising from the use or inability to use the Platform, or these Terms and Conditions.

TRANSPORTE & TURISMO DEL EJE is responsible for:

– Provide the User with complete, truthful, transparent, timely, verifiable, understandable, accurate and appropriate information about the tours offered through the Platform;

– Offer the User service channels to resolve requests, doubts or concerns that arise about the Experiences offered on the Platform;

– Provide the User with the tools to book the tours detailed in the Platform;

– Act as an intermediary between the User and the Supplier, and put them in contact for the proper development of the tour.

– Connect the User with specialized personnel who will guide the tours acquired through the Platform;

– Receive and process any request, complaint or claim submitted by the User to the Provider.

 we shall not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, acts of civil or military authorities, fires, floods, accidents, pandemics, epidemics or diseases, strikes or shortages of transportation facilities, fuel, power, labor or materials.

We make sure that the information provided by the third parties who will be directly and indirectly involved is accurate.

Indemnity

To the maximum extent permitted by applicable law, the User agrees to exonerate, defend and hold harmless TRANSPORTE & TURISMO DEL EJE from any claim, liability, damage, loss and/or expense, including, without limitation, attorneys’ and accountants’ fees, arising out of or in any way related to: the User’s improper use of the Platform, the User’s breach of these Terms and Conditions and the policies supplemental thereto, or the User’s breach of any regulation, applicable law or third party rights.

Intellectual Property

The content of the Platform is the property of TRANSPORTE & TURISMO DEL EJE and is protected by applicable intellectual property laws. It is prohibited to copy, adapt, modify, create derivative works and exploit in any way the trademarks, copyrights and other intellectual property rights derived from the content of the Platform, without prior express authorization from TRANSPORTE & TURISMO DEL EJE. 

Image usage

The User authorizes TRANSPORTE & TURISMO DEL EJE in a free, prior, express and informed manner to use, synchronize, incorporate, fix, translate, distribute, reproduce, and/or communicate to the public through any medium(s) or channel(s) known or to be known, in any territory of the world and for the maximum term permitted by law: the images, photos, video recordings, voice recordings and, in general, any content generated by T.T.&.T DEL EJE or third party allies, in which the User’s image is used. The copyright and related rights to such content shall be owned by T.&.T DEL EJE.

Applicable legislation

These Terms and Conditions shall be governed by and construed in accordance with the laws of the United States of America.

Republic of Colombia. 

Modifications

T.&.T DEL EJE may unilaterally modify these Terms and Conditions at any time.

In this case, it shall publish the adjusted version on the Platform, and update the date

indicated in “Last updated”. Users will be notified of any changes by means of a

pop-up window that will appear at the moment of entering the Platform, which should be

accepted by the User in order to continue using it. The use and continued access to the

Platform after notification of the amendments shall constitute acceptance of the amendments.

same.

POLICY FOR THE TREATMENT OF PERSONAL DATA OF TRANSPORTE & TURISMO DEL EJE 

Article 1. Applicable legislation. This Policy incorporates the mandates contained in Articles 15 and 20 of the Political Constitution of Colombia, Law 1581 of 2012, Law 1266 of 2008, Decree 1377 of 2013 and Decree 1074 of 2015.

Article 2. Scope of application. This Policy applies to the Processing of Personal Data for which TRANSPORTE & TURISMO DEL EJE S.A.S. BIC identified with NIT 901601981-8 or whoever it designates, is Responsible and/or Entrusted under the terms of the law.

Article 5. Scope. The Policy shall apply to all Data Holders who have any kind of relationship with TRANSPORTE & TURISMO DEL EJE and/or whose Personal Data have been collected and processed in any way as a result of or in connection with a relationship established with T.&T DEL EJE, whether such processing is carried out by the latter or by third parties who do so on behalf of the latter. The Policy covers all administrative, organizational, cultural, commercial and control aspects that must be complied with by T.&T DEL EJE, employees, contractors, sponsors, partners, suppliers and third parties who work or have a direct relationship with it.

However, in accordance with the provisions of Law 1581 of 2012, databases for personal or domestic use are excluded from this policy, except when they are to be provided to a third party, in which case, authorization must be obtained from the owners of the information contained in the database.

In this Policy, we detail the general guidelines that are taken into account in order to protect the Personal Data of the Holders, the purposes of the Processing of the information, the rights of the Holders, the area responsible for handling complaints and claims, and the procedures that must be exhausted to know, update, rectify and delete the information.

TRANSPORTE & TURSIMO DEL EJE, in compliance with the constitutional right to Habeas Data, only collects and processes Personal Data when previously authorized by the Data Subject, implementing clear measures on confidentiality and privacy of Personal Data.

Article 6. Definitions. The following definitions shall be taken into account for the interpretation of this Policy and shall be used indistinctly in the singular or plural without altering their meaning.

1. a) Authorization. Prior, express and informed consent of the Data Subject to carry out the Processing of Personal Data.
2. b) Personal Data Base. Organized set of Personal Data that are subject to Processing by T.&T DEL EJE, or its designee, in its capacity as Controller and/or Processor of Personal Data.

The tourist’s request is validated as long as there is availability by us and the third parties that operate our tours, the number of people that will participate will be taken into account. Based on this information we will define a cost per person or a collective cost for the whole group.

 ID or passport photos will be used to make reservations at the offices.

of National Natural Parks

Once the User makes a reservation, availability will be validated with the Supplier. Once availability is verified, the User will receive confirmation of his/her reservation, and must make the corresponding payment within seventy-two (72) hours.

If payment is not made within this period, it will not be taken as a reservation and if it is the case the price may be modified according to our suppliers or the price of the currency.

In case the User makes a reservation more than ninety-six (96) days in advance, he/she must cancel all or at least 60% of the reservation in order for it to be completed.

The reservation of a tour entitles the User to enjoy all the services included in the corresponding reservation, which are indicated on the website at the time of purchase. Payment through the Platform is made through a payment gateway which will transfer the money to us and we will transfer the corresponding payments to the Provider. Reservations made by Users are non-transferable, they cannot be transferred to another person.

The value of the tours are on the Platform in dollars (USD) TRANSPORTE & TURISMO DEL EJE is not responsible for charges generated by third parties or financial institutions at the time of payment through the Platform or payment gateways.

In the event that the User does not show up on time at the place and date of the start of the Experience, or arrives after the start of the same for reasons beyond the control of TRANSPORTE & TURISMO DEL EJE and/or shall not be obliged to reimburse the User any amount. The same shall apply if the User wishes to cancel or withdraw from the tour during the course of the same for any reason. We reserve the right to make refunds it deems, without any obligation, when the absence or cancellation by the User is due to circumstances of unforeseeable circumstances or force majeure duly accredited.

We reserve the right to cancel or reschedule Experiences booked by Users due to unforeseen circumstances or force majeure such as severe weather conditions and/or public order problems, without limitation.

The User may cancel the tour purchased and reschedule the date of the tour or modify it for another tour by informing the decision in a timely manner no less than thirty (20) days prior to the start date of the Experience, we will proceed to validate if it is feasible according to the availability of third parties that are part of the operation of the same tour.

 The advance payment or value paid for the tour initially purchased will be valid for the rescheduling. The User agrees to pay any additional expenses, taxes or costs that may be generated by the modification made to the reservation.

The original reservation may only be rescheduled one (1) time, and the new reservation will be subject to the availability of TRANSPORTE & TURISMO DEL EJE and the Supplier. Any request to reschedule a reservation that has already been rescheduled once (1) will be considered a cancellation of the tour by the User according to our policies (see terms and conditions).

n accordance with the provisions of Law 1480 of 2011, the User may exercise the right of withdrawal within five (5) business days following the date on which he/she makes the reservation of his/her tour. 

The User may not exercise the right of withdrawal when there are less than five (5) days left for the start of the tour.

The User will receive a refund of the money paid during the next thirty (30) calendar days from the date on which he/she sent a written communication, exercising the right of withdrawal. To exercise the right of withdrawal by making your decision known through various digital, magnetic, technological and physical means such as approaching our offices.

 Reversal of payment

In accordance with the provisions of Law 1480 of 2011, the payment made by the User shall be reversed in case of fraud or unsolicited operations. In these cases, the User shall notify TRANSPORTE & TURISMO DEL EJE of the fraud or unsolicited transaction within five (5) days from the date on which he/she became aware of the fraudulent or unsolicited transaction.

If the User has a request, complaint or claim about his/her reservation through the Platform and prior to the start of the tour, he/she may submit the request, complaint or claim to the following e-mail address contacto@transporteytursimodeleje.com.

Requests related to cancellations, modifications to the reserved Experience and any other inquiries directly related to the reservation will be answered by this means within the following fifteen (14) business days.

If the User has a request, complaint or claim about the tour and after the development of the tour, he/she may submit the request, complaint or claim, we will forward it to the corresponding Provider for resolution. 

 TRANSPORTE & TURISMO DEL EJE will only be responsible for forwarding the request, complaint or claim to the Supplier.

It is the responsibility of the User to be aware of his/her physical, mental condition, health and/or dietary limitations, and any other particularities that may affect his/her participation in any of the services included in the tour purchased. Before starting the tour, the User shall inform the Provider about any physical or medical condition he/she may have in this regard. Notwithstanding the above, neither Cordillera nor the Supplier shall be responsible for any eventuality that may occur to the User in relation to these conditions during or after the tour, nor for any physical condition or illness that has not been made known to the User.

Users accept that participation in the tours entails inherent risks such as illness, bodily and/or cognitive injury, disability or death, for which reason it is the responsibility of the User to verify the characteristics, terms and conditions of the tours before booking them, in order to freely determine their suitability to participate. At the moment of booking a tour and participating in it, the User confirms, accepts and acknowledges that he/she has sufficient physical and mental capacity and suitability, and that he/she has chosen to participate freely, voluntarily and consciously. In this sense, the User voluntarily assumes all liability arising from any type of injury, loss or damage suffered or caused during the tour, without limitation and to the extent permitted by applicable Colombian law. In case the tour purchased by the User includes insurance granted by the Provider, the coverage of eventual damages and/or injuries shall be regulated by the insurance purchased.

The User understands that the tours take place in places where medical and/or rescue assistance may be limited or delayed, given that the access routes, infrastructure and other circumstances that are inherent to the relief and medical assistance organizations as well as police and others in our territory are particular to each area, as well as the availability of medical supplies. In this regard, the User acknowledges that it is his/her responsibility to evaluate the impact of such limitations on pre-existing medical conditions.

The User is responsible for its own acts and/or omissions, and for the acts and/or omissions of its dependents. The User agrees to hold TRANSPORTE & TURISMO DEL EJE harmless and waive any claim or action it may have in the present or in the future, related to acts, omissions or negligent conduct on the part of the User or its dependents. If the User’s reservation includes minors, the User must be legally authorized to act on behalf of the minor, and shall be solely responsible for their supervision.

We are not responsible for false or incomplete information provided by users at the time of booking, or during the development of the tour. Similarly, we will not be liable for any damages and/or lost profits arising from the use or inability to use the Platform, or these Terms and Conditions.

TRANSPORTE & TURISMO DEL EJE is responsible for:

– Provide the User with complete, truthful, transparent, timely, verifiable, understandable, accurate and appropriate information about the tours offered through the Platform;

– To offer the User service channels to resolve requests, doubts or concerns that arise about the Experiences offered on the Platform;

– Provide the User with the tools to book the tours detailed in the Platform;

– Act as an intermediary between the User and the Supplier, and put them in contact for the proper development of the tour.

– Connect the User with specialized personnel who will guide the tours acquired through the Platform;

– Receive and process any request, complaint or claim submitted by the User to the Provider.

 we shall not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, acts of civil or military authorities, fires, floods, accidents, pandemics, epidemics or diseases, strikes or shortages of transportation facilities, fuel, power, labor or materials.

We make sure that the information provided by third parties who will be involved directly and indirectly is accurate.

 Indemnity

To the maximum extent permitted by applicable law, the User agrees to exonerate, defend and hold harmless TRANSPORTE & TURISMO DEL EJE from any claim, liability, damage, loss and/or expense, including, without limitation, attorneys’ and accountants’ fees, arising out of or in any way related to: the User’s improper use of the Platform, the User’s breach of these Terms and Conditions and the policies supplemental thereto, or the User’s breach of any regulation, applicable law or third party rights.

 Intellectual Property

The content of the Platform is the property of TRANSPORTE & TURISMO DEL EJE and is protected by applicable intellectual property laws. It is prohibited to copy, adapt, modify, create derivative works and exploit in any way the trademarks, copyrights and other intellectual property rights derived from the content of the Platform, without prior express authorization from TRANSPORTE & TURISMO DEL EJE. 

 Image usage

The User authorizes TRANSPORTE & TURISMO DEL EJE in a free, prior, express and informed manner to use, synchronize, incorporate, fix, translate, distribute, reproduce, and/or communicate to the public through any medium(s) or channel(s) known or to be known, in any territory of the world and for the maximum term permitted by law: the images, photos, video recordings, voice recordings and, in general, any content generated by T.T.&.T DEL EJE or third party allies, in which the User’s image is used. The copyright and related rights to such content shall be owned by T.&.T DEL EJE.

 Applicable legislation

These Terms and Conditions shall be governed by and construed in accordance with the laws of the United States of America.

Republic of Colombia. 

Modifications

T.&.T DEL EJE may unilaterally modify these Terms and Conditions at any time.

In this case, it shall publish the adjusted version on the Platform, and update the date

indicated in “Last updated”. Users will be notified of any changes by means of a

pop-up window that will appear at the moment of entering the Platform, which should be

accepted by the User in order to continue using it. The use and continued access to the

Platform after notification of the amendments shall constitute acceptance of the amendments.

same.

POLICY FOR THE TREATMENT OF PERSONAL DATA OF TRANSPORTE & TURISMO DEL EJE 

Article 1. Applicable legislation. This Policy incorporates the mandates contained in Articles 15 and 20 of the Political Constitution of Colombia, Law 1581 of 2012, Law 1266 of 2008, Decree 1377 of 2013 and Decree 1074 of 2015.

Article 2. Scope of application. This Policy applies to the Processing of Personal Data for which TRANSPORTE & TURISMO DEL EJE S.A.S. BIC identified with NIT 901601981-8 or whoever it designates, is Responsible and/or Entrusted under the terms of the law.

Article 5. Scope. The Policy shall apply to all Data Holders who have any kind of relationship with TRANSPORTE & TURISMO DEL EJE and/or whose Personal Data have been collected and processed in any way as a result of or in connection with a relationship established with T.&T DEL EJE, whether such processing is carried out by the latter or by third parties who do so on behalf of the latter. The Policy covers all administrative, organizational, cultural, commercial and control aspects that must be complied with by T.&T DEL EJE, employees, contractors, sponsors, partners, suppliers and third parties who work or have a direct relationship with it.

However, in accordance with the provisions of Law 1581 of 2012, databases for personal or domestic use are excluded from this policy, except when they are to be provided to a third party, in which case, authorization must be obtained from the owners of the information contained in the database.

In this Policy, we detail the general guidelines that are taken into account in order to protect the Personal Data of the Holders, the purposes of the Processing of the information, the rights of the Holders, the area responsible for handling complaints and claims, and the procedures that must be exhausted to know, update, rectify and delete the information.

TRANSPORTE & TURSIMO DEL EJE, in compliance with the constitutional right to Habeas Data, only collects and processes Personal Data when previously authorized by the Data Subject, implementing clear measures on confidentiality and privacy of Personal Data.

Article 6. Definitions. The following definitions shall be taken into account for the interpretation of this Policy and shall be used indistinctly in the singular or plural without altering their meaning.

1. a) Authorization. Prior, express and informed consent of the Data Subject to carry out the Processing of Personal Data.
2. b) Personal Data Base. Organized set of Personal Data that are subject to Processing by T.&T DEL EJE, or its designee, in its capacity as Controller and/or Processor of Personal Data.