On Vacation Colombia | Accommodation contract

Hosting contract

TOUR VACATION HOTELS AZUL S.A.S. a company incorporated under the laws of Colombia, with NIT 900.304.940-9 and duly registered in the National Tourism Registry, which is called THE PROVIDER, and on the other hand the persons specified in the Lodging Registration Card (TRA), duly identified, who will be called THE USER(S), have decided to enter into this lodging contract as of the signing of the TRA, according to the following clauses and applicable legislation on the matter:

FIRST: OBJECT. By means of this contract, THE PROVIDER delivers to THE USER(S), by way of commercial lodging, the use and enjoyment by way of commercial lease of the dwelling unit specified in the TRA, which unit is located in the hotel and lodging establishment mentioned in the TRA, and which is furnished and complies with hotel requirements.

SECOND. PRICE. - THE USER(S), are obliged to pay the amount determined for the total number of days of stay, determined in the TRA, in favor of THE PROVIDER, in advance or exceptionally at the termination of the contract.

THIRD: TERM OF THE CONTRACT. - The term of this contract is the term established in the TRA according to the reservation and will end on the day and at the time THE USER(S) check out. This contract may be extended by express agreement of the parties and the issuance of a new TRA. For this purpose, THE USER(S), in the case of extension, shall be subject to the housing availability and policies established by THE PROVIDER. The intention to extend the lodging contract must be communicated by THE USER(S) at least 3 days prior to the expiration date of the contract.

FOURTH: CUSTODY OF MONEY AND VALUABLES: The users shall have the right to deliver under the elaboration of the Act of Custody of Valuables in Reception, to the PROVIDER, money and valuables for safekeeping. The PROVIDER hereby informs the users that it shall not be liable for goods, money and other personal items that have not been left in the custody of the PROVIDER at the Hotel's reception desk.

FIFTH: FORMALITIES: the delivery for custody is subject to compliance with the established Luggage and Valuables Custody Procedure and the delivery to the USER(S) of the written proof of deposit to the PROVIDER, being regulated by the provisions of the tourist, civil and commercial legislation on deposit. The PROVIDER shall not be responsible for any property that is lost and has not been reported at the time of hotel registration.

SIXTH: SERVICES. - The services installed in the housing unit such as water, sewage, energy, among others, are assumed by the PROVIDER. The complementary services of fax, long distance calls, cellular and internet use will be paid by THE USER(S), which will be settled at the end of the contract, if they are not included in the tourist service purchased.

SEVENTH: OBLIGATIONS. In addition to the obligations established in this contract and those determined in the applicable law, THE USER(S) have the following obligations: a) To pay the totality of the services provided by THE PROVIDER. b) To cover in full the damages caused to the housing unit and other facilities of the establishment by THE USER(S), either by their own responsibility or that of their dependents, c) To comply with the rules of the regulations of the hotel establishment, d) To return the housing unit in the same conditions in which it was received, except for the natural deterioration caused by legitimate use, e) Accepts from this moment on and agrees to unconditionally pay the total amount of the invoice issued by the PROVIDER for lodging and food services that have been provided, f) To diligently attend all security, transfer and relocation indications provided by the PROVIDER during an emergency event due to force majeure circumstances such as natural events, including tropical storms, hurricanes, tidal waves, earthquakes, also due to acts of a third party such as terrorism, robbery with violence, attacks, riots and in general any circumstance generating risk to the personal integrity of THE USER(S), g) Comply with other provisions issued by the National Government and that are applicable to this contract.

In turn, the PROVIDER has the following obligations: a) To deliver to THE USER(S) on the agreed date the housing unit given in lodging in good state of service, safety and sanitation and to make available to him/her the services, things or related and additional uses agreed herein, b) To maintain in the property the services, things and related and additional uses in good state to serve for the agreed purpose, c) to leave at the disposal of THE USER(S), at the reception desk, a copy of the regulations of the hotel establishment and the policies of the PROVIDER, which is an integral part of this contract d) to receive from THE USER(S) deposits in money and valuables for safekeeping, e) upon termination of the contract by the PROVIDER, the PROVIDER shall proceed before witnesses to draw up and sign an inventory of the effects or luggage of the PROVIDER, f) if THE USER(S) does not pay its bill, THE PROVIDER may take the goods to an authorized auction house to be sold at public auction and be paid with the proceeds. The liquid remainder shall be deposited in an authorized bank at the disposal of THE USER(S), g) comply with the other provisions issued by the National Government and applicable to this contract.

EIGHTH: GROUNDS FOR TERMINATION. - among others, shall be the following: a) the expiration of the lodging term b) The commission of a fault by THE USER(S) or his/her dependents in accordance with the provisions of the Regulations of the hotel establishment and the policies established by THE PROVIDER c) The breach by any of the parties of the contractual and legal obligations d) The performance by THE USER(S) or his/her dependents of illegal activities or activities that endanger the health of other users, the health, hygiene and integrity of the hotel establishment, or that undermine the tranquility of the coexistence of the same, e) by force majeure or fortuitous event that prevent the development of this contract f) by the change of destination that is given to the housing unit g) any other determined in the current legislation and that in the matter is applicable. In any extraordinary case of termination of the contract, THE USER(S) is obliged to hand over the keys and release the housing unit assigned under this contract within a maximum period of one hour from the notification of the termination and pay the corresponding sums of money.

NINTH: MODIFICATIONS. THE USER(S) expressly authorizes THE PROVIDER to make the necessary modifications to this contract and the attached documentation when required by any administrative authority.

TENTH: DATA PROCESSING AUTHORIZATION. THE USER(S) expressly authorizes THE PROVIDER, under the terms of Statutory Law 1581 of 2012, to collect, process and use their personal data for the purpose of guest registration, administrative management, customer loyalty, internal statistics management, collection management, billing management, economic and accounting management, marketing, opinion surveys, analysis for the control and prevention of fraud and money laundering, including but not limited to the consultation of reports in restrictive lists, data update campaigns, attention to information queries and claims, transmission of data within the framework of this contractual relationship to its allied companies and Authorities or Inspection, Surveillance and Control Entities. Likewise, the legal representative authorizes the processing of data of minors who may eventually be included as guests within this registry for the provision of contracted hotel services, clarifying that in any case it is optional to provide information that deals with data of minors or sensitive data, understood as those that may affect privacy or generate some kind of discrimination. In accordance with Article 8 of the Statutory Law 1581 of 2012, the following are rights: a) To know, update and rectify their personal data before the PROVIDER. b) To request proof of the authorization granted to the PROVIDER for the collection and use of personal data except when such authorization is not necessary under the terms of the Law. c) To be informed by the PROVIDER upon request made by the USER(S), regarding the use that has been made of their personal data. d) File a complaint before the Superintendence of Industry and Commerce for violations to the Law and other regulations that may modify, add or complement it, once the consultation or complaint procedure before the PROVIDER has been exhausted. e) Revoke the authorization and/or request the deletion of the personal data when its collection and/or use does not respect the constitutional and legal principles, rights and guarantees. The revocation and/or suppression of the data shall proceed when the Superintendence of Industry and Commerce has determined that in such collection THE PROVIDER has incurred in conduct contrary to the Statutory Law 1581 of 2012. f) Access free of charge to their personal data that have been subject to collection and/or use. In case THE USER(S) wish to exercise any of their rights or have any concern, observation or comment related to the collection and/or use of personal data provided to THE VENDOR in the development of their contractual and commercial relationship, he/she may contact in Bogotá at telephone number (1) 3104949 address carrera 46#94-73 Bogotá or email address atencionalcliente@onvacation.com THE USER(S) may access the privacy and confidentiality policies of personal data established at www.onvacation.com/politica-privacidad-confidencialidad and therefore grants free, voluntary, informed and express authorization to carry out the processing of personal data in accordance with this authorization.

ELEVENTH: SUPERVISION. The monitoring, supervision and control of the services covered by this contract may be exercised by the PROVIDER through the competent authority determined by the Government. TWELFTH: COMPLIANCE WITH THE REGULATIONS AND POLICIES OF THE HOTEL ESTABLISHMENT: Together with the present contract, THE USER(S) accept the regulations developed by THE PROVIDER, which are available at the reception desk and in the hotel facilities. THE USER(S) agrees to comply without restriction or reservation, the rules contained in the Regulations and the various rules and policies of use made available to THE USER(S), both in the contracted accommodation and in the common areas, as well as each and every one of the modifications thereof that are approved in the future. Any violation of the obligations under this contract and the various rules and policies of use shall be considered a breach of contract, and shall entail the legal effects provided for that purpose. In any case, the commission of a breach will lead to the termination of this contract with all the consequences provided for in this contract. In case of contradiction between the content of the Regulations and the content of this contract, the latter shall prevail.

PARAGRAPH ONE: THE USER(S), has the free decision to participate in the additional recreational or amusement activities that are developed in the hotel establishment, making clear the mere liberality of THE USER(S), for which THE PROVIDER shall not assume additional responsibilities for such activities, or for those additional activities developed by THE USER(S).

SECOND PARAGRAPH: THE USER(S) described in their reservation, hereby declare and accept that they exonerate the PROVIDER from any type of contractual or extra-contractual liability for the use or abuse deliberately made to the facilities of the hotel establishment and its equipment (tables, chairs, parasols, among others), including rooms, common areas, wet areas and their complements (swimming pools, jacuzzis, slides, trampolines, among others....) and even when there are accesses to natural bodies of water; consequently, it renounces to initiate any judicial or extrajudicial process for these facts and in claim of damages or indemnifications to which it expressly renounces with the signature of the TRA.

THIRTEEN: THE PROVIDER rejects any form of exploitation, pornography, violence and sexual tourism, and declares to be committed to the protection and prevention against any form of sexual exploitation, pornography and sexual tourism with children and adolescents according to law 1336 of 2001 and law 679 of 2001, and other regulations that complement or add to it. Users are warned that sexual exploitation and sexual abuse of minors in Colombia are criminally and administratively sanctioned in accordance with the laws in force.

FOURTEENTH: ACCEPTANCE AND AUTHORIZATION OF ELECTRONIC SIGNATURE: As GUEST I accept that the scanning of my identity document and of the persons that I legally represent, be interpreted as acceptance of i) the Hotel Registration, ii) the Lodging Card, ii) the present Lodging Contract with all the stipulations that are part of it, including v) the Authorization for the Treatment of Personal Data under the terms that are indicated at the time of Check In and how it is also informed through the privacy notice published at the reception of the hotel establishment. In that sense, expressly waived to bring an action in order to invalidate the content of the Hotel Registration, the Lodging Card, Lodging Contract and the Data Processing Authorization by the sole fact of using the "Electronic Data Exchange" through the scanning of my identity document, hereinafter "Electronic Signature", in compliance with Law 527 of 1999 and Decree 2364 of 2012. I declare that in case of controversy or litigation, the records of the Electronic Signature messages that have been used shall be admissible before the judge or competent authority and shall constitute full proof of the facts contained therein, unless evidence to the contrary is provided. Likewise, I acknowledge and accept that the signature on the documents indicated is reliable and legally and contractually binding in relation to its content and have the same validity and the same legal effects of the handwritten signature. TOUR VACATION HOTELES AZUL S.A.S with the purpose of protecting the authenticity, integrality, validity and inviolability of the Electronic Signature and the Agreement and in accordance with Law 527 of 1999 and Decree 2364 of 2012, is obliged to: 1) Maintain exclusive control and custody over the creation data of the Electronic Signature. 2) Guarantee that the signature creation data are not used in an improper or unauthorized manner. 3). To give immediate notice to HUESSPED of any event that may cause the Electronic Signature creation data to be questioned, repudiated and/or questioned, threatening the reliability and integrity of the same.

FIFTEENTH: LEGAL REGIME - the present contractual relationship between the PROVIDER and the USER(S) of the lodging service shall be governed by Law 300 of 1996, its amendments, additions and all its regulatory decrees and other relevant rules of the Code of Commerce and Civil Code, without being applicable in any way the rules relating to the lease of urban housing.

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