CONTRACT FOR THE SALE OF TOURIST ACCOMMODATION SERVICES
CLAUSE ONE. PARTIES: On one hand, TOUR VACATION HOTELES AZUL SAS BIC, with
NIT 900.304.940-9 hereinafter THE SELLER and on the other hand, THE BUYER, who is duly identified in the reservation data.
FIRST PARAGRAPH: The company TOUR VACATION HOTELES AZUL SAS BIC is an agency
of travel and tourism dedicated to the marketing and sale of tourism products and services among others, as indicated in the Certificate of Existence and Legal Representation, with National Tourism Registry 26847.
SECOND CLAUSE. PURPOSE: The BUYER, through this contract, agrees with the SELLER to purchase a tour package in exchange for a price and according to the specifications detailed herein.
FIRST PARAGRAPH: The contract price includes charges, supplements and taxes (Administrative Fees, legal withholdings, legal taxes). DOES NOT INCLUDE: 1. 1. Tourist cards. 2. Entry cards to the selected destination. 3. Other taxes established by the competent authorities. 4. Items not specified in the purchased plan. 5. Airfare or transfers to the selected hotel. 6. Transportation to and from the hotel. 7. Special services are not included in the tour plan and must be purchased separately. THE SELLER in front of suppliers upon express request of THE BUYER for the organization of events, such as weddings, conventions, birthdays, among others, and will be assumed by THE BUYER Subject to the conditions established by the provider of the required additional service, these services can be purchased at the time of booking or added later by THE BUYER and must be paid in equal monthly installments and consecutively according to the statement of account and be paid 100% at least 30 days before the event and start of the reservation cycle to confirm the provision with the special service provider.
SECOND PARAGRAPH: INFANT AND CHILDFor the purposes of this document, an infant is defined as anyone under 2 years of age on the return date of the trip; a child is defined as anyone over 2 years of age and under 12 years of age on the return date of the trip; a senior passenger is defined as anyone over 12 years of age and under 65 years of age on the return date of the trip; and a senior passenger is defined as anyone over 65 years of age. Entry of infants and children to hotels is restricted unless accompanied by a legal guardian, parent, or tutor, or with a travel authorization to leave the country. (Subject to the conditions of Ecuadorian Immigration and each airline)
CLAUSE THREE. PRICE: THE BUYER agrees to unconditionally pay to THE SELLER the total sum of Two Million Five Hundred Ninety and Five thousand COP ($2,595,000.00), MONEY THAT WILL BE DEPOSITED EXCLUSIVELY IN THE ELECTRONIC AND IN-PERSON MEANS DESCRIBED BELOW: 1. ONLINE PAYMENTS
http://pagosonline.onvacation.com/ THROUGH OUR WEBSITE, LOG IN WITH THE NUMBER 1. RESERVATION AND YOU CAN MAKE THE PAYMENT ONLINE; 2. BANK DEPOSIT DAVIVIENDA: SAVINGS ACCOUNT 485100000994; AGREEMENT 1160092 IN THE NAME OF: FINANTODO PAYMENT REFERENCE: RESERVATION NUMBER; 3. BANK DEPOSIT BANCOLOMBIA: CURRENT ACCOUNT: 30471143381 AGREEMENT: 40288 IN THE NAME OF: FINANTODO PAYMENT REFERENCE: HOLDER'S ID NUMBER; 4. CORRESPONDENTS BANCOLOMBIA BANKING: AT THE CHECKOUTS OF ÉXITO AND CARULLA SUPERMARKETS, OLÍMPICA AND SURTIMAX AGREEMENT: 40288 PAYMENT REFERENCE: ID NUMBER OF THE HOLDER; REMEMBER THAT PAYMENTS ARE MADE TO FINANTODO SAS, A COMPANY ALLY IN CHARGE OF COLLECTING PAYMENTS FOR ON VACATION SERVICES. YOU CAN SEND YOUR
EMAIL SUPPORT paymentswallet@onvacationhotels.com
FIRST PARAGRAPH: PAYMENT INFORMATION: In order to avoid payment problems, the BUYER is informed that THE SELLER will not be responsible for payments made in a manner different from that indicated in clause three and especially for money delivered in cash to the sales advisor, TOUR VACATION HOTELES AZUL SAS BIC, will not be responsible for money that has not entered into its accounting records. Any claims arising from payments must be processed through the Customer Service Department of THE SELLER, in Bogotá by calling (601) 3848580, and/or by filing a request through the "file a PQRSF" module at the link https://servicioalcliente.onvacation.com.
FOURTH CLAUSE - PAYMENT METHOD FOR TRIPS WITH A DATE GREATER THAN 31 DAYS AGO
(SCHEDULED SALE): If the trip takes place 31 calendar days or more after the execution of this contract, the BUYER must pay at least 100% of the final plan price to reserve the trip. The remaining balance will be paid in equal and consecutive monthly installments, as per the statement of account, which forms an integral part of this contract, until 100% of the final plan price is paid, with a maximum term of 30 calendar days before the travel date.
CLAUSE FIVE.- PAYMENT METHOD FOR TRIPS WITH A DATE LESS THAN 30 DAYS AGO
(DAILY SALES): If the trip will take place within thirty (30) calendar days following the execution of this contract, the BUYER must pay a minimum of 40% of the final plan price to reserve. The remaining balance will be paid twenty (20) calendar days prior to the travel date, according to the statement of account, which forms an integral part of this contract. If the trip will take place within twenty (20) calendar days following the BUYER's receipt of this contract via email, the BUYER must pay 100% of the final price immediately.
CLAUSE SIXTH. IMPROVEMENT: The contract entered into between the parties is perfected from the moment the first payment is made by THE BUYER for cany of the SELLER's official collection methods and at the time of confirmation
The reservation by THE SELLER, and the main services payable by THE SELLER will become effective when the full payment of the agreed contract is made and on the dates determined contractually.
PARAGRAPH RIGHT OF WITHDRAWAL: The BUYER has the right of withdrawal, which may be exercised within five (5) business days following the perfection of this contract. This will terminate the contract, and the amount paid must be refunded within the legally established timeframe of 30 calendar days, and for e-commerce purchases (website), 15 calendar days. The withdrawal request must be submitted through the "Submit a PQRSF" module at the following link. https://servicioalcliente.onvacation.comFor sales on a daily basis in accordance with article 47 of the Consumer Statute, due to the nature of the service, the right of withdrawal will only apply when it has not started to be executed before 5 business days.
PAYMENT REVERSAL PARAGRAPH. If the BUYER identifies that the transaction carried out is fraudulent or unsolicited or that the service requested does not correspond to what was required, the BUYER must file a complaint with the SELLER within five (5) business days following the date on which the BUYER became aware of the fraudulent or unsolicited transaction and notify the issuing bank of the claim, in order to coordinate the reversal of the payment in accordance with Law 1480 of 2011 and Decree 587 of 2016.
CLAUSE SEVEN. CHANGES AND NEW DEVELOPMENTS: The BUYER will be able to make changes to their reservation through the platform https://mireserva.onvacation.com/ The system will then ask for the reservation number and the holder's identification document. Additionally, changes to the tour package reservation, product and/or service development, and other conditions can be requested through the link. https://servicioalcliente.onvacation.com/ For changes of origin, accommodation, or hotel within the same destination, only the current rate at the time of the change will apply. For other changes, the administrative fees listed in the changes and modifications table will apply, along with the rate adjustment for changes or other additions, which will be billed to THE BUYER and are payable immediately and in full. Alternatively, the BUYER may request the difference in services provided by the company; or in cash if the variation or change in the service is attributable to THE SELLER, excluding modifications and changes determined by the service providers, in accordance with their liability clause and terms and conditions, to ensure the success of the trip. The amount THE BUYER must pay for any required changes and modifications is specified below:
| Service description | Name change¹ | Date change⁴ | Change of destination² | Travel Guarantee | ||||
|---|---|---|---|---|---|---|---|---|
| Greater than 8 days | Less than or equal to 8 days | Greater than 30 days | Less than or equal to 30 days | Greater than 30 days | Less than or equal to 30 days | Applies at any time during the Reservation | ||
|
Tourist Services: Accommodation, including destination management companies and CSI (Fees, surcharges and taxes) | NA | 10 % | 20 % | 10 % | 20 % | $ 0 | ||
| Special services for the event | 100%⁵ | 80%⁵ | 100%⁵ | 80%⁵ | 100%⁵ | 100 % | ||
- Changing your destination to a higher category with a travel date more than 30 days in advance only requires adjusting the current rate.
- For changes of date and destination less than or equal to 30 days, the resulting value, once the value that the BUYER must assume for the change and required novelty is deducted, will be refunded within the terms established by Law. The charges for changes and novelties in the table above described in this contract will be applicable to each person in the reservation, which from the perfection of the contract THE BUYER declares are known, informed, explained and accepted.
- In cases where THE BUYER wishes to make a change of destination or date, the current rate will apply, provided that it is not lower than the initial rate purchased, in which case the initial purchase rate will apply.
- For changes of name, date and destination in the special services contracted, THE BUYER shall assume the total cost or the cost determined by the provider of the special service contracted, under the understanding that the special services contracted correspond to goods or services customized according to THE BUYER's specifications for the special need of their event; as well as special food services that by their nature cannot be returned due to deterioration and expiration.
FIRST PARAGRAPH.- TRAVEL GUARANTEE: Its purpose is to guarantee the use of tourist services, excluding air transport, only with the collection of the travel guarantee described in the table of changes and new features of clause seven for clients in the following cases:
- A) Death of any of the passengers listed on the reservation. In this case, 100% of the value paid by the passengers on the reservation will be made available if so determined by THE BUYER, assuming the value of the guarantee. B) Illegal deprivation of liberty of any of the travelers listed on the reservation. C) Illness certified by a health center authorized by the Ministry of Health or the National Superintendency of Health of any of the travelers listed on the reservation, and whose condition expressly indicates the impossibility of using the services, guarantees the rescheduling of the trip without penalty only for the affected traveler. D) Obstruction of the access routes to the departure point or terminal, certified by competent authorities, guarantees the rescheduling of the trip without penalty. E) In case of death of a relative of a passenger on the reservation or illness certified by EPS (Health Promoting Entity) or by a health center authorized by the Ministry of Health or the National Superintendency of Health of a first-degree relative or spouse, guarantees the rescheduling of the trip without penalty. F) For any of the events reported in the Liability clause (Eleventh) of this contract. G) For cancellation of the entire reservation or of one or more passengers. CONDITIONS: For all events described from A to G, the value of the travel guarantee must be assumed; the travel guarantee applies to passengers who purchase it to enjoy the company's tourist program; its coverage begins once the purchase of the tourist service has been made and the travel documents issued, and expires upon completion of the use of the contracted tourist services; the period for executing the guarantee is eight (8) calendar days counted from the occurrence of any of the events described. Air transportation services are not included within the coverage of the guarantee. Air tickets are regulated directly by each airline's service contract; therefore, applicable charges, exceptions, or force majeure, as well as the conditions of use for the ticket service, will be those determined by the airline authorized by the Civil Aeronautics Authority and charged to the reservation holder. To reactivate the reservation and access the services, the client must pay the fare adjustment, the cost of canceling special event services to the provider, and the travel guarantee deduction.
SECOND PARAGRAPH: RE-ACTIVATIONS: In the event that the reservation has been cancelled due to breach by THE BUYER, the latter may reactivate it, with the parties determining a new travel date, with the recalculation of rates according to the travel season and subject to availability, or terminate the contract. In both cases, the applicable additional values that THE BUYER must assume, the rate adjustment and the discount of the guarantees for each reactivation must be taken into account, and in the case of cancellation, the penalties stated in Clause Eight of this contract.
THIRD PARAGRAPH: MYRESERVATION.COM: The BUYER will be able to make changes to their reservation through the platform https://mireserva.onvacation.com/ The system will ask for your reservation number and the holder's ID. Once registered, the system will send a verification message to the email address and/or phone number you provided when making the reservation. After receiving confirmation, you can make any changes you wish to your reservation.
It is the BUYER'S responsibility, from the moment the reservation is created, to enter their information and that of the passengers in the reservation, such as: names, dates of birth, type and number of identity document, city of origin, city of residence, reason for travel, and any other information required for the correct creation of the reservation and provision of the service. The BUYER must include this information at the time of creating the reservation or before the contract is finalized with the first payment of the reservation; and may make any necessary changes through the "My Reservation" platform at the following link. https://mireserva.onvacation.com/ Payment of any applicable administrative fees must be made immediately. Changes made through the platform may be made up to 30 calendar days prior to the travel date. Failure to include the information required for the proper provision of the tourist service will result in the cancellation of the reservation, and the penalty described in clause eight of this contract will apply. For BUYERS who purchase a rate or size with flexibility in including names, the acquired benefit will be applied according to the terms and conditions.
CLAUSE EIGHT: PENALTIES: The penalties stipulated in this contract will apply to each person in the reservation and are described below. These penalties are acknowledged, explained, and accepted by THE BUYER. In cases of trip cancellation, 100% of the Travel Guarantee will be deducted per passenger. Any cancellation of the tour package reservation, product development, and/or service purchased, and any other conditions, may be made by THE BUYER through the following link. https://servicioalcliente.onvacation.com/ Taking into account that the conditions in the following table will apply:
| Service description | Cancellation | |
|---|---|---|
| Greater than 30 days | Less than or equal to 30 days - / No show¹ | |
|
Tourist Services: Accommodation, including destination management companies and CSI (Fees, surcharges and taxes) | 10 % | 20 % |
| Special services for the event | 80%³ | 100%³ |
- BUYER's failure to appear for the previously contracted service.
- In the case of cancellations less than or equal to 30 days, the resulting value once the corresponding penalty has been deducted, will be refunded within the time limits established by law.
- In the event of cancellation of special services contracted, THE BUYER shall assume the total cost or the cost determined by the provider of the special service contracted, under the understanding that the special services contracted correspond to goods or services customized according to THE BUYER's specifications for the special need of their event; as well as special food services that by their nature cannot be returned due to deterioration and expiration.
The SELLER will cancel the respective reservations in the following cases: 1) If the corresponding payment to maintain the reservation has not been made within 24 hours of the reservation being made. 2) When the BUYER does not make the monthly and proportional payments on the dates and for the amount established in the statement of account. 3) If this contract is not paid in full at least thirty (30) calendar days before the travel date or twenty (20) calendar days before the travel date, depending on whether it is a scheduled sale or a day sale.
NINTH CLAUSE. TERMINATION: The SELLER may terminate this contract for just cause if the BUYER fails to make timely partial or full payment under this contract. In the event of termination by either party, the SELLER shall proceed to settle and demand payment of the corresponding proportional amounts for no-shows at the hotel, the cost of reserving seats on flights, and any expenses incurred by the SELLER for reservations with its suppliers. The PARTIES acknowledge the enforceability of this contract.
CLAUSE TEN. VERIFICATION OF TERMS: The VERIFICATION OF TERMS AND CONDITIONS explained to THE BUYER is an integral part of this contract, and the BUYER accepts that there are no additional verbal promises or conditions, since this contract and attached document include all the stipulations, conditions and services that they accept and acquire through it.
ELEVENTH CLAUSE. LIABILITY AND OBLIGATIONS CLAUSE:
TOUR VACATION HOTELES AZUL SAS BIC, its operators and agents are responsible to THE BUYER for the complete provision and quality of the tourist services described offered directly, in accordance with Decree 2438 of 2010, Law 300 of 1996, Law 1480 of 2011 and other laws and regulations that complement and add to them. In accordance with the Tourism Law and especially Decree 2438 of July 9, 2010, it is determined that: 1. The SELLER, its operators and agents, are not responsible for cancellations, delays, damages, events or inconveniences caused or occurring due to or in connection with events such as force majeure or acts of God, such as hurricane, tsunami, earthquake, accidents, climatic or natural phenomena, security conditions, political factors, strikes, work stoppages, wars, riots, denial of entry permits, health issues and any other event, such as overbooking, diversions, overoccupancy and any other event attributable to an external factor of Commerce that may be categorized within the same that may occur during the trip or before it. That cannot be foreseeable and irresistible on the part of THE SELLER, despite acting with due diligence and foresight in each case. 2. For the reasons mentioned above and in order to guarantee the success of the trip, THE SELLER has the power to make modifications to the tourist services offered and contracted. 3. THE SELLER, its operators and agents are not responsible for accidents suffered by THE BUYER at the destination or hotel, as such responsibility concerns only THE BUYER or the HOTEL in the specific case or the hotel insurance contracted by THE BUYER for that purpose. 4. In the event of damage, irregularities or alterations to the aircraft, adverse situations of the contracted airlines, adverse weather conditions, abnormal circumstances at the ports of embarkation and disembarkation of passengers; changes of itinerary, delays, postponements and any other incident beyond the control of THE SELLER in which flights are delayed at their place of origin or at any other location, without there being in any case any type of responsibility of THE SELLER, the airline will be responsible for all cancellations, postponements, delays or anomalies of the flights and itinerary that are attributable to it, and therefore THE SELLER is not responsible for these. The airline reserves the rights in accordance with the air transport contract and in particular those contained in the Colombian Aeronautical Regulations. 5. It is understood that when THE BUYER acquires the tourist package stated in this document, he knows and understands the different categories of hotels offered and that he has been informed of all the characteristics, services included and not included of the hotel chosen or selected by him and accepts them, including meal times, check-in and check-out. 6. The SELLER, its agents and operators are not responsible for legal matters or other inconveniences that the BUYER may be involved in, nor for personal expenses when the BUYER is forced to withdraw from the trip or the provision of tourist services for such reasons, taking into account that such expenses must be assumed solely by the BUYER. 7. THE SELLER, its agents and operators are not responsible for the loss, theft, deterioration or damage of luggage and other items that THE BUYER carries with him. Before the trip, the BUYER must consult the baggage policies of the airlines providing the air service, informing themselves about the dimensions, weight and items that can or cannot be transported in the baggage, such as Free baggage allowed, Hand baggage, pet transport, Excess baggage, Special baggage, Prohibited and dangerous goods, and other important general recommendations for using air transport. 8. The SELLER, its agents and operators will have the power to remove from the trip anyone who incurs any violation of the National Police Code or fails to comply with the obligations of their status as a guest arising from the lodging contract, in which case the BUYER will be entitled to a refund of the value of the tourist services not enjoyed. 9. The BUYER shall pay for any damage caused to the hotel's infrastructure, the property incorporated therein, or to other guests, and the SELLER may collect from him through executive proceedings the invoices that prove the expenses derived from said actions, declaring that they have full executive merit. 10. The BUYER hereby accepts and agrees to unconditionally pay the total amount of the invoice issued by the SELLER for accommodation and food services provided under any circumstances of force majeure, including the obligation to observe strict quarantine in the Hotel for testing positive for COVID-19 if the initially contracted accommodation period is exceeded. Likewise, the BUYER will assume the costs, penalties, and other charges incurred due to changes in airline ticket dates resulting from circumstances of force majeure and/or COVID-19 illness that may occur during their stay at the hotel. 11. THE SELLER, its agents and operators may provide information to THE BUYER, upon written request, for obtaining the documentation required for travel to national and international destinations, and it is THE BUYER's obligation to comply with the respective requirements. THE SELLER, its agents and operators assume no responsibility whatsoever in the event that the authorities of the destination, country or countries visited, deny THE BUYER the documents required for entry or do not allow it, in which event THE BUYER will be entitled to a refund of the value of the tourist services not enjoyed, with the exclusion of the penalties charged by THE SELLER and the suppliers according to their own regulations and the airline seat used for transportation, if applicable. 12. The SELLER may make the necessary adjustments or changes to the reservation if the country to which they are traveling presents social, economic, political or public order problems that generate risks to the safety and physical integrity of the BUYER and/or their companions.
Obligations of THE SELLER: The SELLER agrees to provide tourist services with the quality required by the Consumer Protection Statute, in accordance with Decree 2438 of 2010, Law 300 of 1996, Law 1480 of 2011, and other laws and regulations that complement and supplement them. THE SELLER agrees to provide information on products and services for lodging, rates, and hotel availability. The SELLER will attend to all of THE BUYER's requests appropriately, promptly, and respectfully, without exception or discrimination based on sex, race, age, illness, or creed. THE SELLER will make available and utilize all physical, technological, educational, and support resources of the company, striving for optimal service quality. The SELLER guarantees that the required permits or licenses are valid, and in case of non-compliance with its obligations the client may request the proportional refund of the service not provided, reschedule their travel date in case of a cancellation attributable to THE SELLER or if it is not possible to arrange a new travel date; in that event the money will be refunded in accordance with the terms of Decree 2438 of 2010.
CLAUSE TWELFTH. OBLIGATIONS OF THE PARTIES: In addition to the obligations contemplated in the legislation applicable to the contract in tourism and commercial matters, THE BUYER states that he/she was duly informed of the scope of the liability clause that THE SELLER, as a provider of tourist services, has according to the Tourism Law, and THE BUYER states that he/she receives copia of the Liability Clause embedded in this contract.
CLAUSE THIRTEEN. GENERAL CONDITIONS: 1. The BUYER was duly informed of the liability and handling conditions established by the Tourism Law. The BUYER was informed of the health and epidemic control measures that must be followed to travel to their destination. 2. The legal warranty period for the tourism services under this contract will be forty-five (45) calendar days after the execution of this contract, counted from the day following the end of the trip, during which time the BUYER, in accordance with Article 58, No. 3 of Law 1480 of 2011, must submit their claim directly. 3. The SELLER rejects any form of exploitation, pornography, violence, and sex tourism; the SELLER is committed to the protection and prevention of all forms of sexual exploitation, pornography, and sex tourism involving children and adolescents, in accordance with Law 1336 of 2001 and Law 679 of 2001, and other complementary or supplementary regulations. Additionally, it warns THE BUYER that the sexual exploitation and sexual abuse of children and adolescents in Colombia are punishable criminally and administratively, in accordance with current laws.
FOURTEENTH CLAUSE: HABEAS DATA: The BUYER hereby authorizes TOUR VACATION HOTELES AZUL SAS BIC., in a prior, express and informed manner, to collect, register, store, manage, use, transmit, update and delete their data in accordance with Statutory Law 1581 of 2012 and its regulatory decrees, for the purpose of administrative management, billing management, collection and payment management, economic and accounting management, internal statistics management, opinion surveys, data update campaigns and information on changes in the processing of personal data, analysis for the control and prevention of fraud and money laundering, including but not limited to consulting reports in restricted lists, information central entities or databases in order to prevent any type of activity related to money laundering/terrorist financing, handling information inquiries, marketing, commercial prospecting and transmission of data within the framework of this contractual relationship to its allied companies.
Likewise, you authorize FINANTODO SAS, an allied company of TOUR VACATION HOTELES AZUL SAS BIC, in prior, express and informed consent, and in compliance with Law 1266 of 2008, to collect, register, store, manage, use, transmit, update and delete your data for the purpose of consulting and reporting to legally constituted risk centers, managing compliance and non-compliance with financial obligations and verifying the financial, credit and commercial information collected for the acquisition of credits.
Providing information about data concerning minors or sensitive data, understood as data that may affect privacy or generate some type of discrimination, is optional.
In accordance with Article 8 of Statutory Law 1581 of 2012, the BUYER has the following rights with respect to the personal data provided: a) To know, update, and rectify their personal data held by TOUR VACATION HOTELES AZUL SAS BIC. b) To request proof of the authorization granted to TOUR VACATION HOTELES AZUL SAS BIC for the collection and use of personal data, except when such authorization is not required under the terms of Statutory Law 1581 of 2012. c) To be informed by TOUR VACATION HOTELES AZUL SAS BIC, upon request from the BUYER, regarding the use that has been made of their personal data. d) To file a complaint with the Superintendency of Industry and Commerce for violations of Statutory Law 1581 of 2012 and other regulations that modify, add to, or complement it. e) Revoke authorization and/or request the deletion of personal data when its collection and/or use does not respect constitutional and legal principles, rights, and guarantees. Revocation and/or deletion of data will proceed when the Superintendency of Industry and Commerce has determined that TOUR VACATION HOTELES AZUL SAS BIC. has violated said collection.committed in conduct contrary to Statutory Law 1581 of 2012. f) Access free of charge to your personal data that has been collected and/or used. THE BUYER may exercise their rights with TOUR VACATION HOTELES AZUL SAS BIC and/or its affiliated companies by calling (1) 3848580 in Bogotá or by submitting a request through the link https://servicioalcliente.onvacation.com/ Finally, THE BUYER will be able to access the privacy and personal data confidentiality policies of TOUR VACATION HOTELES AZUL SAS BIC, as well as any substantial changes thereto, through the website. https://www.onvacation.comIn the case of FINANTODO SAS, the privacy and confidentiality policies for personal data can be consulted through the web portal. http://info.onvacation.com/site/PoliticaPrivacidadConfidencialidadFinantodo.
FIFTEENTH CLAUSE: DECLARATION OF TRUTHFULNESS OF DATA PROVIDED AND COMMITMENT: By entering into this contract, the BUYER declares under oath that: A) The information provided in this contract (clause two) and reported in the SELLER's reservation system is true and corresponds to the actual information I have provided as the BUYER, and I declare that I have been previously informed of and authorize the processing of this information. B) The BUYER agrees to notify the SELLER, through the contact methods provided, of any errors, modifications, deletions, or updates to the information I have verified; in Bogotá, by phone at (1) 3848560 and/or through the link https://servicioalcliente.onvacation.com/ C) As BUYER, I am warned that the inaccuracy or falsity of the data provided will determine the impossibility of continuing with the correct provision of contracted tourist services without prejudice to the legal consequences that may arise from said action due to the falsity or inaccuracy of the data supplied to THE SELLER, exempting THE SELLER from liability if, as a consequence of the falsity or inaccuracy of the data, he cannot notify me of changes, unforeseen events, updates, or any event related to the contracted tourist services.
CLAUSE SIXTEENTH: DECLARATION OF THE PARTIES: THE SELLER and
The BUYER agrees that this contract determines and includes the initial offers submitted verbally or in writing, directly or indirectly, and that this contract is the sole source of obligations between them.
The parties agree that it is part of their obligations to strictly comply with the procedures, instructions, manuals, regulations, codes and policies defined by the company, and especially the SAGRILAFT policies and manual and the Business Transparency and Ethics Program PTEE.
The BUYER, by executing this contract, declares under oath that its own resources, those derived from this contract, and those comprising its assets, do not originate from, nor are they intended for, any illicit activity, money laundering, terrorist financing, or financing the proliferation of weapons of mass destruction (ML/TF/WMD), as well as acts of transnational corruption and bribery. The parties undertake to carry out all activities aimed at ensuring that all their counterparties (partners, administrators, clients, suppliers, employees, and other stakeholders) and their resources are not related to or derived from illicit activities. If, during the term of this contract, either party or its counterparties are investigated, sanctioned, or convicted in criminal, administrative, or disciplinary matters for the conduct described above, or are included on lists binding in Colombia regarding the prevention of money laundering, terrorist financing, and the proliferation of weapons of mass destruction, the other party has the right to unilaterally terminate this contract without being obligated to compensate the breaching party in any way. Failure to comply with this obligation is expressly classified as a serious offense. This declaration is made to comply with current legal regulations and Tour procedures.
Vacation Hoteles Azul SAS BIC. on the self-control, prevention and risk management system against money laundering, terrorist financing and financing of the proliferation of weapons of mass destruction SAGRILAFT.
The BUYER authorizes, in cases where enhanced due diligence is evident and necessary; or if one of its shareholders, associates, partners, legal representatives and/or members of the Board of Directors is identified or declared to be a Politically Exposed Person (PEP), to verify the veracity of the information provided by the PEP, the spouses or permanent partners of the PEP; the relatives of the PEPs, up to the second degree of consanguinity, second degree of affinity and first degree of civil relationship; the associates of a PEP, when the PEP is a partner of, or is associated with, a legal entity and, in addition, is directly or indirectly the owner of a share greater than 5% of the legal entity, or exercises control of the legal entity, in the terms of article 261 of the Commercial Code.
I expressly declare that Tour Vacation Hoteles Azul SAS BIC has informed me about the means by which I can learn about the updates and standards that THE SELLER maintains regarding bribery, fraud, and corruption; likewise, I am aware of the various means available to receive guidance or report situations that harm the business relationship in matters of ethics or situations that go against the law, through the ETHICS HOTLINE; such as:
Phone line or WhatsApp, 317-654-8711 Email: eldivan@onvacation.com
Availability schedule: Monday to Friday, 7:30 am to 6:00 pm and Saturdays from 7:00 am to 12:30 pm
CLAUSE SEVENTEENTH: ADDRESS:The contractual domicile is agreed upon as the city of Bogotá. The SELLER's address is Calle 100 # 7A-81, 6th Floor, Bogotá. Customer requests, complaints, or claims can be submitted through the "Submit a PQRSF" module at the following link. https://servicioalcliente.onvacation.com/
