Please read carefully as these clauses establish our Terms and Conditions.
Once "VISIT SANANDRES SAS" confirms your reservation, a contract is made under the terms and conditions set forth below. Please note the difference in the specific terms and conditions for each service, whether it be Accommodation, Boat Rentals, or Tours. Additionally, once you begin your experience with us, you automatically accept the parameters established above.
VISIT SANANDRES SAS does not assume responsibility with the user for events such as: Accidents, strikes, weather or natural phenomena, political factors, denial of entry permits, or any other case of force majeure that may occur during the provision of your service. As an intermediary, it has limited responsibility in the provision of services by suppliers and has no influence on their political decisions and uses in favor of the traveler. We do not assume responsibility for lost or stolen items. In all our products and services, Article 16 of Law 679 of August 3, 2001, on the protection of minors from prostitution, applies.
TERMS AND CONDITIONS OF TOURS
We reserve the right to make modifications to the itinerary according to unforeseen circumstances for the benefit of the traveler. The operating agency (provider) may modify, replace, or cancel for the welfare of the traveler.
The prices displayed on our platform were calculated based on market-established rates and published in Colombian pesos (COP), and are subject to changes according to the season.
"Tours" activities are reprogrammable before being refundable. They can be transferred if you are unable to do them on the established day due to health reasons (illness) or bad weather (climate). You must reschedule until you can do them, and if you definitively cannot do them until the last day of your stay on the island and only for these reasons, they are 100% refundable.
In the event that the user wishes to cancel or voluntarily withdraw and express that they no longer wish to take the tour, VISIT SAN ANDRES SAS determines the following policies for refunding the money:
VISIT SAN ANDRES SAS will refund 75% of the total amount paid. However, this refund will NOT apply to cancellations confirmed within 72 hours (3 days) and 48 hours (2 days) before the VisitSanAndrés operation, and a 50% refund of the total tour value will be generated.
Within 72 hours (3 days) before the Tour operation, the date change or rescheduling policy will be activated for the refund, and the customer must assume the cost of the bank transaction.
The user can transfer or assign the tour up to 72 hours (3 days) before in the same initially agreed conditions. This must be done through our WhatsApp line: +57 324 568 1051 with the following information: data of the reserved tour, data of the person to whom it is transferred with a copy to this person, and confirmation of acceptance response of the transfer. This confirmation cannot be less than 48 hours (2 days) before the operation.
If the user does not show up on the day of the tour at the scheduled time, the payment made is non-refundable, and they will not have the right to use this amount as credit for another experience.
The cancellation policy will determine whether you receive a full refund or not. Please note that your experience is only officially canceled when you receive an email from us at reservas@visitsanandres.com or from our WhatsApp line: +57 3245681051 confirming the cancellation and the status of your refund.
If the customer needs or wants to change the tour operation date to one different from the initially reserved one, VISIT SAN ANDRES SAS will confirm availability to make the change. If it is not possible to make the change, a second tour or service option will be offered, or else the reservation will be canceled, and the corresponding refund will be generated according to our cancellation policies, with transaction costs to be borne by the customer.
To guarantee the reservation of any tour, it must be reserved at least 48 hours before the activities, in order to ensure the tour's spot and the relevant logistics.
**TERMS AND CONDITIONS OF BOAT RENTAL**
LESSOR: VISITSANANDRES S.A.S NIT 901608469-1
LESSEE: INFORMATION PROVIDED IN THE RESERVATION CONFIRMATION.
DEPARTURE LOCATION AND TIME: INFORMATION PROVIDED IN THE RESERVATION CONFIRMATION.
ARRIVAL LOCATION AND TIME: INFORMATION PROVIDED IN THE RESERVATION CONFIRMATION.
RENTAL FEE: INFORMATION PROVIDED IN THE RESERVATION CONFIRMATION.
VISITSANANDRES S.A.S, as Lessor, a legally constituted company identified with NIT: 901608469-1 and domiciled in San Andrés Island, has previously made a boat reservation, and this boat rental contract, which is published on the lessor's website, has been entered into.
DECLARATIONS:
The parties, in their capacity as interveners, are authorized and have sufficient legal capacity to enter into this boat rental contract for recreational purposes.
The Lessor declares that it acts on behalf and representation of the owner and/or shipowner of the boat, pursuant to a previously executed mandate contract. The Lessee declares that they have been informed by the Lessor that the rental contract is published on the website and that they fully accept its terms and conditions.
CLAUSES:
FIRST - OBJECT OF THE RENTAL: The Lessor agrees, through this contract, to grant the Lessee the use and enjoyment of the boat referenced in the document called boat reservation confirmation in exchange for the total payment of the agreed rental fee.
SECOND - TIME AND PLACE OF BOAT DELIVERY AND RETURN: The place, time of delivery, and return of the boat are specified in the boat reservation document, previously agreed upon by the parties. Any changes related to the place and time of delivery and return of the boat must be previously agreed upon by the parties in writing, email, or preferably WhatsApp. The general schedule for boat delivery is at ten 10:00 am, and for return at five in the afternoon 5:00 pm. Only the delivery time of the boat may be subject to modification, without this fact generating a decrease in the rental fee. If the boat is delivered after five, a 20% surcharge of the rental fee will be applied. The Lessee must comply with the captain's orders, who, for safety reasons, may anticipate the return. This may be due to variations in the weather or fortuitous events during navigation, without this fact resulting in a decrease in the rental fee.
THIRD - RENTAL FEE: The Lessee must pay the rental fee established in the boat reservation confirmation document as follows: 50% of the price at the time of making the boat reservation. The remaining 50% shall be paid, at the latest, before the agreed date for the boat delivery. In any case, and under any circumstances, 100% of the agreed rental fee must be fully paid before the Lessee makes use of it. The Lessee's failure to pay the rental amount in the terms and deadlines will result in the resolution of the contract, without prejudice to which the amounts that the Lessee may have paid at the time of the breach shall remain the property of the Lessor as damages.
FOURTH - AVAILABILITY OF THE RENTED BOAT: The Lessor agrees to deliver to the Lessee the rented boat with its respective captain or pilot, on the day, time, and place established in the boat reservation confirmation, in perfect condition for navigation, with full fuel tanks. If, due to reasons not attributable to the lessor's will, the lessor cannot make the rented boat or another similar one available to the lessee on the agreed date, the contract will be resolved with a refund of the total price received, exempting from paying damages. Before the boat is delivered, both lessor and lessee will ensure the condition and operation of the boat. If, before the delivery of the boat, weather conditions arise that prevent the delivery of the boat, the parties may reschedule the delivery day of the boat. If rescheduling is not possible, 90% of the paid rental fee will be refunded. Once the boat is delivered to the lessee and sailing has commenced, the lessee shall not be entitled to any compensation or refund of the rental fee, when, due to fortuitous events or force majeure beyond the parties' control, the boat cannot be used.
FIFTH - LESSEE'S OBLIGATIONS: The lessee's obligations are as follows:
1. Pay the rental fee in the agreed time, manner, and place.
2. Make proper use of the boat.
3. Follow the captain's orders.
4. Receive and deliver the boat at the previously established time.
5. Report any type of event that occurs on the boat.
7. Be responsible for damages to the boat caused by misuse, fraud, fault, and negligence.
SIXTH - LESSOR'S OBLIGATIONS: The lessor's obligations are as follows:
1. Deliver the boat in good working order and navigability.
2. Deliver the boat at the previously agreed place and time.
3. Fulfillment of the obligations established in the contract.
SEVENTH - BOAT CAPTAIN: The boat will be rented with its respective pilot, who holds a navigation license and all the knowledge, experience, and qualifications necessary for the management of the boat on the projected route. Once the boat is delivered, the pilot may only navigate within the geographical area or zone established in the contract, and may not make modifications or changes at the lessee's request.
**EIGHTH. USE OF THE BOAT.**
The lessee shall exclusively allocate the rented boat for recreational activities, strictly prohibited for any other type of activity. The lessee must give the boat proper use and undertake to use the boat with the diligence of a good navigator, respecting common navigation rules, as well as those established by the competent authority, being responsible for any non-compliance with them.
**NINTH. DAMAGES TO THE BOAT.**
The lessor shall inform the lessee of any damage to the boat and/or its utensils and gear caused as a result of its use. The lessee shall personally and directly be liable for damages caused as a result of the improper or undue use of the rented boat, while it is in their possession, as well as for damages caused by fraud, negligence, and fault. Once the lessor calculates the value of these damages, the lessee must make the corresponding payment within a period not exceeding three business days, counted from the day the damages occurred.
**TENTH. LESSEE'S PROHIBITIONS.**
The lessee and passengers are prohibited from performing the following actions:
1) Subleasing the boat or transferring the contract.
2) Exceeding the maximum passenger capacity established in the contract.
3) Engaging in acts or behaviors that endanger or deteriorate the boat.
4) Using the boat for purposes other than those contractually established, or for illicit or criminal purposes.
5) Requesting changes in navigation areas previously established.
6) Violating environmental, maritime regulations.
7) Consuming or carrying drugs or hallucinogenic substances on board the boat.
8) Boarding the boat or allowing others to board while intoxicated.
9) Smoking on board the boat.
10) Jumping off the boat when the engines are running.
11) Discarding waste into the sea.
**ELEVENTH. NAVIGATION LIMITS.**
The rented boat may only navigate in the agreed geographical area specified in the reservation confirmation. Any changes must be previously agreed upon in writing with the lessor.
**TWELFTH. RETURN OF THE RENTED BOAT.**
The lessee shall return the boat to the lessor on the day, time, and place specified in the reservation confirmation. Any delay or incident preventing timely return must be promptly communicated to the lessor. The boat must be returned completely vacated by the lessee and all belongings removed. Except for force majeure or fortuitous events, immediately communicated to the lessor, the delay in returning the boat shall entail an obligation for the lessee to pay an amount corresponding to twenty percent (20%) of the rental fee. At the end of the rental, the general condition of the boat, as well as the equipment, gear, and supplies, shall be reviewed, with the lessee being responsible for breakdowns, damages, and losses caused by acts attributable to their fault and negligence. Once the inspection of the boat is carried out by the captain and any damage, defects, or breakdowns attributable to the lessee are confirmed, the lessor shall inform the lessee of the damages incurred, as well as their value.
**THIRTEENTH. EARLY TERMINATION OF THE CONTRACT BY THE LESSEE.**
The lessee may request the cancellation of the contract via email or WhatsApp, subject to the following policies:
If the cancellation is made five (5) or more days in advance of the scheduled delivery date, the lessor will charge a penalty of 30% of the total rental fee, and the balance will be refunded.
If the cancellation is made with seven (7) days in advance and up to the day before the scheduled delivery date, the lessor will charge a penalty of 70% of the total rental fee, and the balance will be refunded.
The lessee may not cancel the service on the same day scheduled for delivery.
If weather conditions make it impossible to deliver the boat, the delivery day will be rescheduled if possible, or otherwise, 90% of the rental fee will be refunded.
**FOURTEENTH. RESERVATION CHANGE or RESCHEDULING.**
It is possible to reschedule the reservation provided there is availability of the boat, under the following terms:
If the rescheduling is done with 8 days in advance of the scheduled delivery date, no penalty will be applied.
If the rescheduling is done between the fourth and the day before the scheduled delivery date, a penalty of 30% of the total rental fee (advance payment) will be applied.
If the rescheduling is done with less than three (3) days in advance and up to one day before the scheduled delivery date, a penalty of 30% of the total rental fee will be applied. Reprogramming on the same day is prohibited unless, due to weather conditions, the rental cannot be carried out.
**FIFTEENTH. INDEMNITY.**
The lessee shall indemnify the Lessor and shall directly respond to any type of claims, demands, lawsuits, complaints, requirements, reports of administrative, criminal, civil nature, that may be filed by any third party directly or indirectly caused by the improper use of the boat or its possession, releasing the lessor from any liability that may arise from this contract.
**SIXTEENTH. JURISDICTION AND COMPETENCE.**
This contract is governed by Colombian laws. Any dispute arising from or related to this contract shall be resolved in the first instance through conciliation to be held in San Andrés Island, the place of contract execution. In the event that an agreement cannot be reached to resolve the divergences, the parties shall be free to resort to the competent jurisdiction.
**SEVENTEENTH. NOTIFICATIONS.**
For the purposes of this contract, the parties shall be notified exclusively at the physical and electronic addresses established in the reservation confirmation. Any notification made to a different location or email address shall have no effect unless it has been previously modified in writing by the parties, sent to the initially established notification location and/or email.
**EIGHTEENTH. EXECUTIVE MERIT.**
This contract shall have executive merit for the obligations contained herein, and the parties waive any requirement to be put in default.
**NINETEENTH. EXPENSES.**
All expenses of any kind, without exception, arising from or caused by the journey projected by the lessee shall be solely borne by the lessee.
**TWENTIETH. INTEGRITY OF THE CONTRACT.**
In the event that any of the foregoing stipulations is wholly or partially contrary to mandatory laws, said stipulation shall be considered wholly or partially null, with the rest of the contract remaining fully valid. The parties declare that they have read the entire text of this document.
**TERMS AND CONDITIONS OF ACCOMMODATION**
**NUMBER OF OCCUPANTS:** The apartment, unless expressly agreed, may only be used by the number of persons indicated in the reservation confirmation. This number may not exceed the assigned and foreseen number for each apartment.
**PRICES:** Apartment prices depend on the number of people in the apartment. The minimum stay is 3 nights, except for special dates when this minimum stay may increase. PRICES SUBJECT TO SEASONALITY.
**ARRIVAL (CHECK-IN):** FROM 3 P.M. OR EARLIER DEPENDING ON APARTMENT AVAILABILITY.
**DEPARTURE (CHECK-OUT):** MUST BE DONE BEFORE 12:00 P.M. OTHERWISE, AN ADDITIONAL NIGHT WILL BE GENERATED AT COST. WE REQUEST OUR GUESTS TO RETURN THE APARTMENT IN THE SAME CONDITIONS AS RECEIVED AND RECOMMEND THE PROPER USE OF ALL IMPLEMENTS FOUND IN IT. After check-out, it is prohibited to stay in the corridors and/or stairs, reception.
**DAMAGES:** Must be reported and paid before leaving the property.
Strict compliance with the apartment and building Biosafety protocols is required, as well as compliance with the building's horizontal property regulations.
**CHANGE OF DATE IN YOUR RESERVATION:** Date changes must be made at least 30 days in advance. All our properties are subject to availability; The apartment you previously reserved may not be available for the new date, if so, it may be exchanged for an apartment with the same conditions as the one requested previously. Changes will be for the same number of nights initially acquired.
**RESERVATION CANCELLATIONS:** Remembering that tourism is a highly perishable activity, failure to comply with a reservation has a penalty in accordance with Article 65 of Law 300 of 1996, the General Tourism Law of Colombia.
"ARTICLE 65. Non-presentation. When the user of tourism services fails to show up or use the contracted services, the provider may demand, at its choice, payment of 20% of the total price or established rate or retain the deposit or advance previously received from the user, if so agreed."
Based on the above, ALL RESERVATION CANCELLATIONS imply a fine; the value of said fine will be 20% of the total value of the reservation. If the reservation cancellation is received within 15 days prior to the travel date or if guests do not show up on the arrival date (NO SHOW), the penalty will be 100% of the total deposit value.
For RESERVATION CANCELLATIONS due to COVID-19, laboratory test results are mandatory.
The reservation was made with a deposit of 60% of the total reservation value.
Transaction costs such as deposit and/or transfer expenses for making the reservation are borne by the guest. For credit card payments, the transaction cost is 6% of the deposit.
Rates published in Colombian Pesos COP.
Unused services are non-refundable.
In Colombia, exploitation, pornography, sexual tourism, and other forms of sexual abuse of minors are penalized criminally and administratively, laws 679 of 2001 and 1336 of 2009, likewise, crimes against natural resources and the environment, Title XI of the Penal Code and Law 1333 of 2009, and the illicit use, illegal exploitation, damage, destruction, theft or reception of cultural heritage, Law 397 of 1997 modified by Law 1185 of 2008.
