CONTRACT FOR THE PURCHASE AND SALE OF TOURIST SERVICES
CLAUSE ONE. PARTIES: On the one hand, TOUR VACATION HOTELES AZUL S.A.S. BIC, with NIT
900.304.940-9 hereinafter THE SELLER and on the other hand, THE PURCHASER, who is duly identified in the reservation data.
FIRST PARAGRAPH: TOUR VACATION HOTELES AZUL S.A.S. BIC is a travel and tourism agency dedicated to the marketing and sale of tourism products and services, among others, as stated in the Certificate of Existence and Legal Representation, with National Tourism Registry 26847.
CLAUSE TWO. SUBJECT MATTER: THE PURCHASER hereby agrees with THE SELLER to purchase a tourist package in exchange for a price and in accordance with the following specifications: (...)
FIRST PARAGRAPH: The price of the contract includes charges, supplements and taxes (Administrative Fees, withholdings of law, taxes of law). NOT INCLUDED: 1. Tourist cards. 2. Entry cards to the selected destination. 3. Other taxes established by the competent authorities. 4. Concepts not specified in the purchased plan. 5. Air tickets or transfers to the selected hotel. 6. Transportation to and from the hotel. 7. Special services are not included in the tourist plan and are acquired by THE VENDOR from the suppliers at the express request of THE BUYER for the realization of events such as weddings, conventions, birthdays, among others, and shall be assumed by THE BUYER under the conditions established by the supplier of the additional service required, these services can be acquired from the creation of the reservation 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 beginning of the reservation cycle to confirm the provision with the supplier of the special service.
SECOND PARAGRAPH: INFANT AND CHILD: Infant means any person who has not reached 2 years of age at the date of return of the trip; child means any person older than 2 years of age and who has not reached 12 years of age at the date of return of the trip; senior passenger means any person older than 12 years of age who has not reached 65 years of age at the date of return of the trip; senior passenger means any person older than 65 years of age. The entry of infants and children to the hotels is restricted if they do not have the presence of a legal guardian, parent, tutor or permission to leave the country. (Subject to conditions of Migration Ecuador and each airline).
CLAUSE THREE. PRICE: THE BUYER agrees to pay unconditionally to the order of THE SELLER the total sum of XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX COP ($), MONEY THAT WILL BE EXCLUSIVELY RECEIVED IN THE ELECTRONIC AND PRESENT MEANS DESCRIBED BELOW: 1. ONLINE PAYMENTS http://pagosonline.onvacation.com/ THROUGH OUR WEBSITE, ENTER WITH THE RESERVATION NUMBER AND YOU WILL BE ABLE TO MAKE THE PAYMENT ONLINE; 2. DAVIVIENDA BANK CONSIGNMENT: SAVINGS ACCOUNT 485100000994; AGREEMENT 1160092 IN THE NAME OF: FINANTODO PAYMENT REFERENCE: RESERVATION NUMBER; 3. BANCOLOMBIA BANK CONSIGNMENT: CURRENT ACCOUNT: 30471143381 AGREEMENT: 40288 IN THE NAME OF: FINANTODO PAYMENT REFERENCE: HOLDER'S IDENTIFICATION CARD NUMBER; 4. BANCOLOMBIA BANK CORRESPONDENTS: AT THE CASH REGISTERS OF SUPERMARKETS ÉXITO, CARULLA, OLÍMPICA AND SURTIMAX AGREEMENT: 40288 PAYMENT REFERENCE: HOLDER'S IDENTIFICATION CARD NUMBER; REMEMBER THAT PAYMENTS ARE IN THE NAME OF FINANTODO S.A.S., AN ALLIED COMPANY IN CHARGE OF THE COLLECTION OF ON VACATION SERVICES. YOU CAN SEND YOUR SUPPORT TO pagoscartera@onvacationhoteles.com
PARAGRAPH ONE: PAYMENT INFORMATION: In order to avoid inconveniences with payments, THE BUYER is informed that THE SELLER shall not be liable for payments made in a manner different from what is indicated in clause three and especially for monies delivered in cash to the sales consultant, TOUR VACATION HOTELES AZUL S.A.S. BIC, shall not be liable for monies that have not been entered into its accounting records. Any claim derived from the payments must be processed before the Customer Service Department of THE VENDOR, in Bogota at (601) 3848580, and/or filed request through the module file a PQRSF in the link https://servicioalcliente.onvacation.com/.
CLAUSE FOUR.- FORM OF PAYMENT FOR TRIPS WITH A DATE LONGER THAN 31 DAYS
(SCHEDULED SALE): If the trip takes place within (31) calendar days or more, counted from the date of the execution of this contract, THE PURCHASER must pay a minimum of 10% of the final value of the plan to reserve. The balance shall be paid in the number of equal monthly installments and consecutively according to the statement of account which is an integral part of this contract and until completing 100% of the final value of the plan, with a maximum term of 30 calendar days prior to the date of travel.
CLAUSE FIVE.- FORM OF PAYMENT FOR TRIPS WITH A DATE OF LESS THAN 30 DAYS
(DAILY SALE): If the trip will take place within the (30) calendar days following the execution of this contract, THE PURCHASER must pay a minimum of 40% of the final value of the plan to reserve. The balance shall be paid twenty (20) calendar days before the date of travel according to the statement of account which is an integral part of this contract. If the trip will take place within twenty (20) calendar days following the receipt of this contract in the PURCHASER'S email, the PURCHASER must pay 100% of the final value immediately.
CLAUSE SIX. PERFECTION: The contract entered into between the parties is perfected from the moment the first payment is made by the BUYER by any of the official collection means of the SELLER and at the moment the reservation is confirmed by the SELLER, and the main benefits payable by the SELLER shall become effective when the total payment of the agreed contract is made and on the contractually determined dates.
PARAGRAPH RIGHT OF WITHDRAWAL: THE PURCHASER has the right of withdrawal which may be exercised within five (5) business days following the conclusion of this contract, which will resolve the same and must be refunded what was paid in the terms of law corresponding to 30 calendar days and for e-commerce purchases (web page) corresponds to 15 calendar days, the withdrawal request must be filed through the module file a PQRSF in the link https://servicioalcliente. onvacation.com/ For current sales in accordance with Article 47 of the Consumer Statute, due to the nature of the service, the withdrawal will only apply when it has not begun to be executed before 5 business days.
PARAGRAPH REVERSE OF PAYMENT: THE BUYER in case of identifying that the operation carried out is fraudulent or not requested or that the service requested does not correspond to what was required, shall file a complaint with the VENDOR within five (5) business days following the date on which THE BUYER had notice of the fraudulent or not requested operation and notify the issuing bank of the claim, for the purpose of coordinating the reversal of payment under the terms of Law 1480 of 2011 and Decree 587 of 2016.
SEVENTH CLAUSE. CHANGES AND NOVELTIES: THE PURCHASER may make changes to his reservation through the platform https://mireserva.onvacation.com/ where the system will ask for the reservation number and document of the holder.
Additionally, changes in the reservation of the tour package, development of the product and / or service purchased and other conditions, may be requested through the link https://servicioalcliente.onvacation.com/ For changes of origin, changes of accommodation or change of hotel in the same destination will apply only readjustment to the current rate at the time of the change, for other changes will be applicable administrative charges of the table of changes and developments with the readjustment of rate for changes or other additions that at the time will be settled to the BUYER and will be paid immediately and in full, or request the excess in services provided by the company; or in cash if the variation or change in the service is attributable to the SELLER, except for the modifications and changes determined by the service providers, in accordance with the liability clause and the terms and conditions established by them, in order to guarantee the success of the trip. The value to be assumed by THE PURCHASER for the changes and novelties required is determined below:
| Description of the service | Change of name¹ | Date change⁴ | Change of destination². | Travel Warranty | ||||
|---|---|---|---|---|---|---|---|---|
| More than 8 days | Less than or equal to 8 Days | More than 30 days | Less than or equal to 30 days | More than 30 days | Less than or equal to 30 days | Applies at any time of the Reserve | ||
|
Tourist Service: Lodging, receptive included and CSI (Charges, supplements and taxes) | NA | 10% | 20% | 10% | 20% | XXX | ||
| Special services for the realization of the event | 100%⁵ | 80%⁵ | 100%⁵ | 80%⁵ | 100%⁵ | 100% | ||
- Change of destination to a higher category with a travel date greater than 30 days applies only readjustment of the current rate.
- For change of date and change of destination less than or equal to 30 days, the resulting value once discounted the value to be assumed by the PURCHASER for the change and novelty required, will be reimbursed within the terms established by law. The charges for changes and novelties of the previous table described in this contract, will be applicable for each person of the reservation, which from the perfection of the contract the PURCHASER declares are known, informed, explained and accepted.
- In cases where the PURCHASER wishes to make a change of destination or date, the current rate will be applied provided that it is not lower than the initial rate purchased, in which case the initial purchase rate will be applied.
- For changes of name, date and destination in the contracted special services, THE PURCHASER shall assume the total cost or the one determined by the supplier of the contracted special service, under the understanding that the contracted special services correspond to customized goods or services according to THE PURCHASER's specifications for the special need of its event; as well as the special food services that due to their nature cannot be returned due to their deterioration and expiration.
FIRST PARAGRAPH - TRAVEL GUARANTEE: Its purpose is to guarantee the use of tourist services excluding air transportation, only with the charge of the travel guarantee described in the table of changes and novelties of the seventh clause for customers in the following cases: A) Death of any of the passengers listed in the reservation, in that case 100% of the paid value of the passengers of the reservation will be left available if so defined by THE PURCHASER, assuming the value of the travel guarantee. B) Illegal deprivation of liberty of any of the passengers included in the reservation. C) Illness certified by a health center authorized by the Ministry of Health or the National Superintendence of Health of any of the travelers appearing in the reservation and that due to their condition expressly indicates the impossibility of using the services, guarantees the reprogramming of the trip without penalty only of the affected traveler. D) Obstruction of the access roads to the place or terminal of departure certified by competent authorities, guarantees the reprogramming of the trip without penalty. E) In case of death of a family member of a passenger of the reservation or illness certified by EPS or by a health center authorized by the Ministry of Health or the National Superintendence of Health of a family member of the first degree of consanguinity 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 a total reservation or of one or more passengers. CONDITIONS: For all the events described in items A to G, the value of the travel guarantee shall 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 have been issued, it expires upon completion of the use of the tourist services contracted; the term to execute the guarantee is eight (8) calendar days from the occurrence of any of the events described. The air transportation services of the plan are not included within the coverage of the guarantee, the air tickets are regulated directly by the service contract of each airline, therefore the charges, Therefore, the charges, exceptions or force majeure applicable as well as the conditions of use for the ticket service will be those determined by the airline authorized by the Civil Aeronautics and charged to the holder of the reservation, to reactivate the reservation and access the services, the client must pay the readjustment to the rate, the cost of the cancellation of the special services for events before the supplier and deduction of the travel guarantee.
SECOND PARAGRAPH: RE-ACTIVATIONS: In the event that the reservation has been cancelled due to non-compliance by THE PURCHASER, he/she may re-activate it and the parties shall determine a new travel date, with the re-settlement of rates according to the travel season and subject to availability, or terminate the contract, for both cases the additional applicable values to be assumed by THE PURCHASER, the rate adjustment and the discount of the guarantees for each re-activation and in the case of cancellation the penalties set forth in Clause Eight of this contract must be taken into account.
THIRD PARAGRAPH: MY RESERVATION.COM: THE BUYER may make changes to his reservation through the platform https://mireserva.onvacation.com/ where the system will ask for the reservation number and document of the owner. Once registered the system will send a verification message to the registered email and/or phone number at the time of booking, after confirmation you can make the changes you want in your reservation.
It is the duty of the BUYER from the creation of the reservation to enter their information and that of the passengers of 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 inclusion of this information THE BUYER must make it at the time of the creation of the reservation or before the completion of the contract with the first payment of the reservation; and may make the changes required through the platform my reservation in the link https://mireserva.onvacation.com making the payments of the corresponding administrative charges immediately. Changes through the platform may be made up to 30 calendar days prior to the travel date. Failure to include the information required for the correct provision of the tourist service will result in the cancellation of the reservation and the penalty described in clause eight of this contract will be applicable. For THE PURCHASER who purchases a rate or size with flexibility in the inclusion of names, the benefit acquired will be applied according to the verification of terms.
CLAUSE EIGHTH: PENALTIES: The penalties of the present contract, will be applicable for each person of the reservation and are those described below, which are known, informed, explained and accepted by THE PURCHASER, in the cases of trip cancellation, 100% of the Travel Guarantee will be deducted per passenger. Any cancellation in the reservation of the tourist package, development of the product and / or service purchased and other conditions may be made by THE PURCHASER through the link https://servicioalcliente.onvacation.com/ taking into account that the conditions of the following table will be applicable:
| Description of the service | Cancellation | |
|---|---|---|
| More than 30 days | Less than or equal to 30 days - / No show¹. | |
|
Tourist Service: Lodging, receptive included and CSI (Charges, supplements and taxes) | 10% | 20% |
| Special services for the realization of the event | 80%³ | 100%³ |
- Non-presentation by PURCHASER to the previously contracted service.
- In the case of cancellations less than or equal to 30 days, the resulting amount, after deducting the corresponding penalty, will be reimbursed within the terms established by law.
- For cancellation of the contracted special services, PURCHASER shall assume the total cost or the one determined by the supplier of the contracted special service, under the understanding that the contracted special services correspond to customized goods or services according to the specifications of PURCHASER for the special need of its event; as well as the special food services that due to their nature cannot be returned due to their deterioration and expiration.
THE SELLER shall proceed to cancel the respective reservations in the following cases: 1) If within the 24 hours following the fixing of the reservation, the corresponding payment to maintain it has not been made. 2) When the PURCHASER does not make the monthly and proportional payments on the dates and for the amount established in the account statement. 3) In case 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.
CLAUSE NINE. TERMINATION: THE SELLER may terminate this contract with just cause when THE BUYER does not comply with the timely partial or total payment of this contract. In case of termination of the contract by either party, the SELLER shall proceed to liquidate and require the payment of the proportional values corresponding to the no show at the hotel, cost of having reserved seats on flights and the expenses incurred by the SELLER for the reservation with its suppliers, THE PARTIES recognize the executive merit of this contract.
TENTH CLAUSE. VERIFICATION OF TERMS: The VERIFICATION OF TERMS AND CONDITIONS explained to THE PURCHASER is an integral part of this contract, who accepts that there are no additional verbal promises or conditions, since this contract and the attached document contemplate all the stipulations, conditions and services that he/she accepts and acquires.
CLAUSE ELEVEN. LIABILITY AND OBLIGATIONS CLAUSE:
TOUR VACATION HOTELES AZUL S.A.S. BIC, sus operadores y agentes se responsabilizan ante EL COMPRADOR por la prestación completa y por la calidad de los servicios turísticos descritos ofrecidos directamente, en los términos del Decreto 2438 de 2010, Ley 300 de 1996, Ley 1480 de 2011 y demás leyes y normas que las complementen y adicionan. De acuerdo con la Ley turística y en especial al Decreto 2438 del 9 de julio de 2010, se determina que: 1. EL VENDEDOR, sus operadores y agentes, no se hacen responsables por las cancelaciones, demoras, daños, eventos o inconvenientes que se causen o presenten por o con ocasión de eventos como fuerza mayor o caso fortuito, tales como huracán, maremoto, terremoto, accidentes, fenómenos climáticos o naturales, condiciones de seguridad, factores políticos, huelgas, paros, guerras, asonadas, negación de permisos de ingreso, asuntos de salubridad y cualquier otro evento, tales como sobreventa, desvíos, sobreocupación y cualquier otro evento atribuible a un factor externo de Comercio que pueda ser catalogado dentro de los mismos que pudieren ocurrir durante el viaje o antes de este. Que no podrán ser previsibles e irresistibles por parte de EL VENDEROR, pese a actuar con la debida diligencia y previsión de cada caso. 2. Por las razones mencionadas anteriormente y con el fin de garantizar el éxito del viaje EL VENDEDOR tiene la facultad de efectuar las modificaciones a los servicios turísticos ofrecidos y contratados. 3. EL VENDEDOR, sus operadores y agentes no se hacen responsables por los accidentes que EL COMPRADOR sufra en el lugar u hotel de destino, pues tal responsabilidad concierne únicamente a ELCOMPRADOR o al HOTEL en el caso concreto o del seguro hotelero contratado por EL COMPRADOR para tal fin. 4. En caso de daño, irregularidades o alteraciones de las aeronaves, situaciones adversas de las aerolíneas contratadas, condiciones climáticas adversas, circunstancias anormales en los puertos de embarque y desembarque de pasajeros; cambio de itinerario, retrasos, dilaciones, aplazamientos y cualquier otro incidente fuera del ámbito de control de EL VENDEDOR en que los vuelos sean retrasados en su lugar de origen o en cualquier otra ubicación, sin que exista en ningún caso algún tipo de responsabilidad de EL VENDEDOR, será la aerolínea la responsable de todas las cancelaciones, aplazamientos, retrasos o anomalías de los vuelos e itinerario que le sean imputables, por lo que EL VENDEDOR no es responsable de éstas. La aerolínea se reserva las facultades conforme al contrato de transporte aéreo y en particular las contenidas en el Reglamento Aeronáutico Colombiano. 5. Se entiende que cuando EL COMPRADOR adquiere el paquete turístico de los enunciados en este documento, conoce y comprende las distintas categorías de hoteles ofrecidos y que se le han hecho saber todas las características, servicios incluidos y no incluidos del hotel elegido o seleccionado por éste y las acepta, incluidos los horarios de alimentación, entrada y salida. 6. EL VENDEDOR, sus agentes y operadores no se hacen responsables frente a los asuntos legales u otros inconvenientes en que pueda verse involucrado EL COMPRADOR, tampoco frente a los gastos personales cuando EL COMPRADOR se vea obligado a retirarse del viaje o la prestación de los servicios turísticos por tales motivos, teniendo en cuenta que dichos gastos deberán ser asumidos únicamente por EL COMPRADOR.7. EL VENDEDOR, sus agentes y operadores no se hacen responsables de la pérdida, sustracción, deterioro o daño del equipaje y demás objetos que EL COMPRADOR lleve consigo. EL COMPRADOR deberá antes del viaje, consultar las políticas de equipaje de las aerolíneas que prestarán el servicio aéreo, informándose sobre las dimensiones, peso y elementos que puede o no transportar en el equipaje, tales como Equipaje libre permitido, Equipaje de mano, transporte de mascotas, Exceso de equipaje, Equipaje especial, Mercancías prohibidas y peligrosas, y demás recomendaciones generales importantes para usar el transporte aéreo. 8. EL VENDEDOR sus agentes y operadores tendrán la facultad de retirar del viaje a quien incurra en cualquier violación al Código Nacional de Policía o incumpla las obligaciones de su carácter de huésped emanadas del contrato de hospedaje, caso en el cual El COMPRADOR tendrá derecho al reintegro del valor de los servicios turísticos no disfrutados. 9. EL COMPRADOR deberá pagar los daños que ocasione a la infraestructura del hotel, a los bienes en el incorporados o a los demás huéspedes, y EL VENDEDOR podrá cobrarle mediante vía ejecutiva, las facturas que acrediten los gastos derivados de dichas acciones declarando que prestan pleno mérito ejecutivo. 10. Acepta EL COMPRADOR desde este momento y se compromete a pagar incondicionalmente el total de la factura que emita EL VENDEDOR, por concepto de servicios de alojamiento y alimentación que le suministren por cualquier circunstancia de fuerza mayor, incluida la obligación de guardar estricta cuarentena en el Hotel por ser positivo para COVID-19 si sobre pasa su periodo de alojamiento inicialmente contratado, igualmente EL COMPRADOR asumirá el costo, penalidades y demás valores que se generen por los cambios de fecha de los tiquetes aéreos debido a las circunstancias de fuerza mayor y/o enfermedad por Covid-19 que le sobrevengan durante su permanencia en el establecimiento hotelero. 11. EL VENDEDOR sus agentes y operadores podrán dar información a EL COMPRADOR, previa solicitud por escrito, para la obtención de la documentación requerida para su desplazamiento en los destinos nacionales e internacionales, siendo obligación de EL COMPRADOR el cumplimiento de los requisitos respectivos. EL VENDEDOR sus agentes y operadores no asumen responsabilidad alguna en caso que las autoridades del destino, país o países visitados, nieguen a EL COMPRADOR los documentos requeridos para el ingreso o no se lo permitan, evento en el cual EL COMPRADOR tendrá derecho al reintegro del valor de los servicios turísticos no disfrutados, con exclusión de las penalidades que cobre EL VENDEDOR y los proveedores conforme a sus propias reglamentaciones y de la silla aérea utilizada para el transporte, si fuere el caso. 12. EL VENDEDOR podrá hacer los ajustes o cambios necesarios en la reserva, si el país al que se dirigen presenta problemas sociales, económicos, políticos o de orden público que generen riesgos a la seguridad e integridad física del COMPRADOR y/o sus acompañantes.
Obligations of THE VENDOR; undertakes to provide a tourist service with the quality required by the Consumer Statute under the terms of Decree 2438 of 2010, Law 300 of 1996, Law 1480 of 2011 and other laws and regulations that complement and add to them. THE VENDOR undertakes to provide information on the products and services for accommodation, rates and availability of the hotels, to attend in an adequate, timely and respectful manner to all the requirements of THE BUYER without exception or discrimination based on sex, race, age, illness or creed. THE VENDOR shall have and use all the physical resources, technological, didactic and assistance elements available to the company, ensuring optimum quality in the provision of the service. The VENDOR guarantees that the required permits or licenses are in force, and in case of non-compliance with its obligations, the client may request a proportional refund of the service not provided, reschedule the travel date in case of a cancellation attributable to the VENDOR 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 declares that it was adequately informed of the scope of the liability clause that THE SELLER has as a tourist service provider according to the Tourism Law, and THE BUYER declares that it has received a copy of the Liability Clause included in this contract.
CLAUSE THIRTEENTH. GENERAL TERMS AND CONDITIONS. 1.
The PURCHASER was adequately informed of the conditions of responsibility and handling granted by the Tourism Law. The PURCHASER was informed of the sanitary and epidemic control measures that must be complied with in order to travel to the place of destination. 2. The term of the legal guarantee of the tourist services of this contract shall be forty-five (45) calendar days after the execution of this contract counted from the day following the end of the trip, time in which the BUYER according to No. 3 of Article 58 of Law 1480 of 2011 must make its direct claim. THE SELLER rejects any form of exploitation, pornography, violence and sexual tourism; THE SELLER is committed to the protection and prevention against any form of sexual exploitation, pornography and sexual tourism with children and adolescents in accordance with Law 1336 of 2001 and Law 679 of 2001, and other regulations that complement or add to it. Additionally, it warns THE PURCHASER that sexual exploitation and sexual abuse of children and adolescents in Colombia, are penal and administratively sanctioned, according to the laws in force.
CLAUSE FOURTEENTH: HABEAS DATA: HABEAS DATA: THE PURCHASER previously, expressly and informedly authorizes TOUR VACATION HOTELES AZUL S.A.S. BIC, so that under the terms of the Statutory Law 1581 of 2012 and its regulatory decrees, to collect, record, store, manage, use, transmit, update and delete your data in order to perform administrative management, billing management, management of collections and payments, economic and accounting management, management of internal statistics, opinion surveys, data update campaigns and information of changes in the processing of personal data, analysis for the control and prevention of fraud and money laundering, including but not limited to the consultation of reports in restrictive lists, entity of central information or database in order to prevent any type of activity related to ML / FT, attention of information queries, marketing, commercial prospecting and transmission of data within the framework of this contractual relationship to its allied companies.
Likewise, you authorize FINANTODO S.A.S., an allied company of TOUR VACATION HOTELES AZUL S.A.S. BIC and in compliance with Law 1266 of 2008, to collect, record, store, manage, use, transmit, update and delete your data for the purpose of consulting and reporting in legally constituted credit bureaus, management of compliance and non-compliance of financial obligations and to verify the financial, credit and commercial information collected for the acquisition of credit.
It is optional to provide information about minors or sensitive data, understood as those that may affect privacy or generate some type of discrimination.
In accordance with Article 8 of the Statutory Law 1581 of 2012, the rights of the BUYER with respect to the personal data provided are the following: a) To know, update and rectify their personal data with respect to TOUR VACATION HOTELES AZUL S.A.S. BIC b) To request proof of the authorization granted to TOUR VACATION HOTELES AZU S.A.S. BIC. For the collection and use of personal data except when such authorization is not necessary under the terms of the Statutory Law 1581 of 2012. c) Be informed by TOUR VACATION HOTELES AZUL S.A.S. BIC. Upon request made by THE BUYER, regarding the use that has been given to their personal data. d) File a complaint with the Superintendence of Industry and Commerce for violations of the Statutory Law 1581 of 2012 and other rules that modify, add or supplement it. e) Revoke the authorization and/or request the deletion of personal data when its collection and/or use does not respect the principles, rights and constitutional and legal guarantees. The revocation and/or deletion of the data will proceed when the Superintendence of Industry and Commerce has determined that in such collection TOUR VACATION HOTELES AZUL S.A.S. BIC. 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.
THE BUYER may exercise its rights before TOUR VACATION HOTELES AZUL S.A.S BIC and/or its allied companies by calling (1) 3848580 in Bogotá or by filing a petition through the link https://servicioalcliente.onvacation.com/. Finally, THE BUYER may access TOUR VACATION HOTELES AZUL S.A.S BIC's privacy and confidentiality policies regarding personal data, as well as its substantial changes through the web portal https://www.onvacation.com. In the case of FINANTODO S.A.S., the privacy and confidentiality policies of personal data may be consulted through the web portal http://info.onvacation.com/site/PoliticaPrivacidadConfidencialidadFinantodo.
CLAUSE FIFTEENTH: DECLARATION OF TRUTH OF DATA AND COMMITMENT: THE PURCHASER with the execution of this contract declares under oath that: A) The data consigned in the present contract (second clause) and reported in the reservation system of THE SELLER are true and correspond to real data that I have supplied as PURCHASER, and I declare that I have been previously informed of the treatment of the same which I authorize. B) THE BUYER undertakes to notify THE SELLER through the means of contact of any error, modification, elimination or update of the data that I have verified; in Bogotá at the telephone number (1) 3848560 and/or through the link https://servicioalcliente.onvacation.com/ C) As PURCHASER I am warned that the inaccuracy or falsity of the data provided will determine the impossibility to continue with the correct provision of tourist services contracted without prejudice to the legal consequences that may arise from such action due to the falsity or inaccuracy of the data provided to THE VENDOR, exempting THE VENDOR from liability if as a consequence of the falsity or inaccuracy of the data I cannot be notified of changes, unforeseen events, updates, or any event related to the tourist services contracted.
SIXTEENTH CLAUSE: DECLARATION OF THE PARTIES: THE SELLER and THE BUYER agree that this contract determines and includes the initial offers presented verbally or in writing, directly or indirectly, being this contract the only source of obligations between them.
The parties agree to comply strictly with the procedures, instructions, manuals, regulations, codes and policies defined by the company, and especially the SAGRILAFT policies and Manual and the Transparency and Business Ethics Program PTEE.
THE PURCHASER declares with the execution of this contract under oath that the resources, own and coming from this contract or those that compose its patrimony, do not come from, nor are destined to the exercise of any illicit activity or money laundering, financing of terrorism, and financing of the proliferation of weapons of mass destruction (LAFT/FPADM) as well as acts of Corruption and Transnational Bribery C/ST. The parties undertake to carry out all activities aimed at ensuring that all their counterparties (partners, managers, customers, suppliers, employees and other stakeholders) and their resources are not related to or derived from illegal activities. If during the term of the contract any of the parties or its counterparties were to be investigated, sanctioned or convicted in criminal, administrative or disciplinary matters for the behaviors already described, or were to be included in binding lists for Colombia in terms of prevention of ML/FT/FPADM risk, the other party has the right to unilaterally terminate the contract without being obliged to compensate any kind of damage to the defaulting party for this fact. Failure to comply with this obligation is expressly qualified as serious misconduct. This declaration is made in order to comply with the legal regulations in force and the procedures of Tour Vacation Hoteles Azul S.A.S BIC on the system of self-control, prevention and risk management against money laundering, terrorist financing and financing of the proliferation of weapons of mass destruction SAGRILAFT.
ELCOMPRADOR authorizes in the cases of evidence and the need for an intensified due diligence; or it is identified or declared that one of its shareholders, its associates, its partners, its legal representatives and/or its members of the Board of Directors is a Politically Exposed Person (PEP) to verify the truthfulness of the information provided by the PEP, the spouses or permanent partners of the PEP; the PEP's relatives, up to the second degree of consanguinity, second degree of affinity and first civil degree; the associates of a PEP, when the PEP is a partner of, or is associated with, a legal person and, in addition, is the direct or indirect owner of a stake of more than 5% of the legal person, or exercises control of the legal person, under the terms of Article 261 of the Code of Commerce.
I expressly declare that Tour Vacation Hoteles Azul S.A.S BIC, has informed me about the means by which I will be able to know the updates and standards that THE VENDOR handles on issues related to bribery, fraud and corruption; likewise, I am aware of the different means available to receive guidance, or report situations that harm the business relationship on issues of ethics or situations that go against the law, through the ETHICS LINE; such as:
Phone line or WhatsApp, 317-654-8711
E-mail: eldivan@onvacation.com
Availability Monday to Friday: 7:30am to 6:00pm and Saturdays from 7:00am to 12:30pm.
SEVENTEENTH CLAUSE: ADDRESS: The contractual address is agreed as the city of Bogota. The domicile of the VENDOR is at Carrera 46 # 94 - 73 in the city of Bogota, the customer's requests, complaints or claims can be filed through the PQRSF module at the link https://servicioalcliente.onvacation.com/.
