TERMS AND CONDITIONS
ABOUT THE PORTAL / REGISTRATION PROCEDURE
The terms and conditions set forth below govern the use of the www.boats4u.co/ web site (hereinafter “PORTAL”). The portal belongs solely to the society TOURISM BARLOVENTO S.A.S (hereinafter the Company). The access and use of the PORTAL is free except for those sections or functions expressly noted by this document or by the aforementioned society. The terms and conditions shall be composed of both the text here presented as well as in other documents and annexes mentioned in this document. The following terms and conditions are considered known and accepted by users of the PORTAL. The SOCIETY advises to carefully read the following terms and conditions, as these contain and describe the rights, obligations and responsibilities of each of the users or anyone else who makes use of the PORTAL.
Anyone with Internet access and through the use of a web browser, either through a mobile device or a computer can access the information contained within the PORTAL. Despite this, the portal will have functions, sections or exclusive areas whose access will be enabled for its registered users or those who meet the conditions set in the portal or any other parameter determined solely by the Company.
The use and registration as a portal user is only available for those who have already reached the age requirements under the laws of the Republic of Colombia or to the persons duly represented legally and whose registration is subject to verification. It is essential in order to fully register as a portal user that they accept the terms both relevant to your personal data (or policy data processing) as well as each and every one of the Terms and Conditions of Use established by the COMPANY to fill out the registration form. Any violation of the terms and conditions mentioned herein entitle the COMPANY to terminate, suspend or prevent access to the portal and/or other services related to or offered by the PORTAL or society.
In order to become a PORTAL user it is mandatory to fill out the registration form. At the time of registration users must provide a valid email address as well as other information that the portal deems as necessary and obligatory. Once the information required by the portal is supplied, a representative of the Company will contact the user to complete the registration process and validation, in addition to the corresponding verification of the data supplied. The user enables and authorizes the Company to verify all the information provided to the authorities and relevant organizations in order to maintain the quality and safety standards among others, offered by both the society and by the PORTAL. The access to goods and services promoted by the portal will be subject to verification and confirmation regarding the information provided by the user either through the PORTAL or by any other means.
The information provided by the user through the above means shall be accurate, correct and true. Likewise, the user agrees to report to the society any change or variation in it. The user is solely responsible for any damage caused by having given false or incorrect information.
The Terms and Conditions may be amended in whole or in part only by the society. These changes will be published by sending an email to the registered e-mail address, at the time of the log-in or register, or by any other means that the society deems appropriate for it. Once published, the changes are effective immediately. Users have a duty to periodically review the current Terms and Conditions and to be aware of their rights and obligations regarding the use of the site. Once notified changes or modifications, users through the use of the portal accept changes to these terms and conditions.
The content of this site, including but not limited only to software, design, text, images, photographs, illustrations, audio material and video, graphic or artistic material, databases, confidential information, copyright and any other element of this web page is susceptible to be protected as intellectual property and it is the exclusive property of the COMPANY. Likewise, the Company is authorized to display and use on their PORTAL elements, trademarks, logos and other business signs whose membership may be related to its employees, partners and suppliers.
The elements listed above are protected by national and international intellectual property laws. The violation of any of these rights will be grounds to be prosecuted or civilly or criminally punished in accordance with national or international standards. By accepting these Terms and Conditions you acknowledge that the contents in this website are the exclusive property of society except those who are licensed or authorized for use and exploitation by their owners. Given the above all users undertake to respect all content present within the PORTAL.
Users are strictly forbidden to reproduce, modify, create derivative works such as similar web pages, or otherwise use of any of the site contents without prior consent by THE COMPANY. Users will be liable for damages caused by any infringement of intellectual property. THE COMPANY will not be liable for improper use made by users of the content present in the PORTAL.
We require our users to respect our copyright, trademarks and other intellectual property rights, as well as the portal respects the intellectual property of others. As we are notified immediately we will remove contents of the website that infringes copyright laws or copyright of others, and deny access to the website and its services to anyone who repeatedly infringes the use of the intellectual property rights of third parties. If you think this site violates the intellectual property rights of any work of your property, please notify us.
CONTRIBUTED CONTENT USERS
You agree that it is the exclusive right of the holder to copyright all content provided and produced to the spaces offered by the portal. The user gives a permanent license with global coverage to the COMPANY, free to use, non-exclusive, for reproduction, adaptation, compilation, storage and distribution of content supplied by him through the PORTAL. The Company will recognize the user authorship of the material provided. The Company may sublicense its affiliates and/or subsidiaries the same content. You represent and warrant that all content provided by the user are of his own, so it is not violating the copyright of third parties. Given the above, the user will indemnify the Company and its sublicensees against any claim or action that arises during improper use of this data.
Considering the power that allows the user to include in his account in the PORTAL photos and/or images and/or text and/or other material owned by the user, as well as owned by a third party, it is expressly established that the inclusion in the PORTAL of this data shall be deemed that the user authorizes the Company to make these materials appear, rendered and displayed without the right to receive any regard from the society. In the case of including it, the user can keep this information in the PORTAL for a period of time that deems appropriate. In regard to any type of material and/or information submitted to the PORTAL by users, including photos and/or images and/or text and/or other material owned by users or third parties which have been already authorized, it is considered that the user owns the copyright of such content and that have been included in the Portal since the user grants license, free, unconditional and non-exclusive worldwide coverage use of such content in favor of the Company, without the right to receive any compensation, remuneration, or any subsequent claim, whatever type or nature. The Company may make use of such materials under the license thus granted.
You acknowledge that the contribution or supply of content owned by you or by third parties is done on a voluntary basis and taking into account the features of the portal and uses by the society. In any case, regarding the supply of all materials and/or information the user must observe and apply the conditions of use and participation in the Portal which is mentioned in the present text.
THE PORTAL does not guarantee the absence of viruses or other similar elements, and therefore is not liable for damages of any kind that are caused due to the presence of internet viruses or other elements that may cause alterations in the computer system as well as in the electronic documents or files belonging to the users.
SALES , PRICING AND BOOKINGS
The prices displayed within the PORTAL do not include national or local taxes that may exist at the time of redeeming the offer, VAT taxing will be made only to people residing in Colombia, all foreigners are exempt from VAT taxes according to the 297 Decree by the Ministry of Commerce, Industry and tourism. Prices may vary according to the season when the booking is being made. The Company holds the right to edit, limit and suppress any plans or boats offered through the portal, as well as offering plans or additional services displayed on the PORTAL.
The portal offers the users the possibility to make a "booking request" which once it is received will be verified and studied by the society. Requests for bookings made by the users are subject to the availability of boats and plans requested. Likewise, the Company holds the right to accept or cancel bookings and booking requests made by users. In case of a cancellation of a booking either by the Company or by the USER, and after the latter has made any payments to THE COMPANY, the user must apply for a reimbursement of such sums according to the instructions contained in the section entitled "REFUND POLICY AND RIGHTS OF WITHDRAWAL". These refunds will be made according to the instructions and conditions described therein.
Once the booking is confirmed and approved by the Company, the user must follow and comply with the instructions received in order to hold your booking for set dates.
You understand and agree that the Company will have the right to replace the boat previously booked as long as the replacement holds the same characteristics to the one originally booked.
All payments made in accordance with these Terms and Conditions will be made through the means of payment available on the PORTAL. Confirmation of transactions through the PORTAL is subject to the authorization of credit card systems, debit card or bank transfer systems available online on the site.
The user acknowledges and agrees that the portal does not have control in any way of the pages where transactions through debit cards, credit or online bank transfers are done. Consequently, under no circumstances will the PORTAL be responsible for managing the information that the user must provide to the banks through which such transactions are being carried. Thus, the management, transfer and filing of the information referred is the sole responsibility of the banking and financial services that are affiliated with the owner or user of the card.
It also is important to know, that the portal is not responsible for the efficiency and safe operation of payment portals or platforms used to carry out the payment transactions for products and services offered by the PORTAL. Given the foregoing, you acknowledge that all payment platforms are external to us, and therefore disclaim any responsibility from PORTAL and society in everything related to transactions and other services or functions to be carried out on these. The USER of the PORTAL does not hold the Company responsible of any action, claim or controversy that may arise between the user and the online payment portals or platforms.
The SOCIETY and their representatives or agents may cancel bookings made by users for the following reasons:
- Non-payment of the booking fee according to the instructions displayed within the PORTAL.
- Accident or major force of nature
- Adverse weather conditions that could endanger the well-being of the boat and its crew.
- Whatever reason that compromises the safety of the path scheduled according to the SOCIETY, boat captain or crew.
- Bad behavior that could endanger the safety of the passengers as well as the crew.
Users may also cancel the service and may request reimbursement of the amounts payed in accordance with the instructions contained in the section entitled "REFUND POLICY AND RIGHT OF WITHDRAWAL".
REFUND POLICY AND RIGHTS OF WITHDRAWAL
The portal offers its users the possibility to withdraw from the purchase during the first five (5) working days after making the booking payment for the services offered by THE PORTAL.
This right of withdrawal shall be notified to the following email address: firstname.lastname@example.org or to the main headquarters located in: Gastelbondo Street, Office 11B, Santo Domingo residential complex of the city of Cartagena, Colombia. And to the phone number: +57 304-459-4905 or +575 660-2767 or by any other means of communication offered within the PORTAL.
If the booking or service requested was payed for in cash through a bank transfer or deposit, the Company will have up to 30 days from the date of such request to reimburse the user for the amount payed.
If the booking or service requested was payed for by credit card, the transaction will be reversed and the money will be refunded to the card used for it. This process can take up to 30 working days after the PORTAL accepts the terms of such withdrawal. Reversal time in these cases will depend directly on the bank to which the user is connected.
Cancellation and rescheduling policy:
- A month before departure: 100% refund minus surcharges generated by the transaction.
- A week before departure: 80% refund minus surcharges generated by the transaction.
- Less than a week before departure: 70% minus surcharges generated by the transaction.
- The day before departure: 50% refund minus surcharges generated by the transaction.
- The day of departure: No refund will be made.
- A week before departure: No additional charges for this change, but is subject to availability.
- Three days before departure: No additional charges for change, but is subject to availability.
- The day before departure: You can make changes but are subject to availability, there is a 5% penalty fee for it.
- The day of departure: You can make changes but are subject to availability and there will be a 10% penalty fee for this change.
If any of the following situations take place during the booking or prior to the sail off, a full refund for the booking will be payed, but this will exclude the administrative fees that incurred because of the payment process.
Damage to boats or yachts.
- Trip Cancellation due to a restriction by DIMAR (Colombian Maritime General Association) to leave the bay of Cartagena.
- Trip Cancellation due to technical problems that could prevent the boat to make the trip at its full extent.
- Trip Cancellation due to an extreme climate change that might jeopardize the safety of the passengers onboard.
- Mechanical boat problems during the trip that might delay up to 30% of the initially scheduled travel time.
- Case of death of the main booker or any of the passengers.
- Cancellation of the trip because the boat does not meet the basic safety and quality requirements.
The tenant of the boat is responsible for returning the boat in the same condition in which it was delivered, the lessee is also responsible for the guests permitted on board of the boat and for any damage affecting the boat. It is the responsibility of the lessee to cover the costs for any repairs needed within 48 hours after returning the boat to dock and hence, the value for this repairs will be charged to the credit card with which the lease payment was done in the first place.
Tenants Behavior Onboard.
Tenants and onboard guests are responsible for complying with all the laws, regulations, rules and payments related to the service as well as the corresponding taxes determined by law.
Tenants and guests undertake not to:
- Violate any maritime regulations, las well as to not violate any of the laws included in the Colombian constitution.
- Excessive alcohol consumption that could jeopardize the safety of the crew as well as the other passengers onboard.
- It is strictly forbidden to use illegal drugs onboard of the boat.
- Do not incur in any inappropriate behaviors that could endanger the integrity of the crew or the other passengers.
- Do not run or jump inside the boat.
- Do not jump from the boat when it’s set in motion.
- It is forbidden to sublease the boats.
- It is strictly forbidden to consume illegal substances or any type of illegal drugs on board of the boats; if the captain detects the use of such substances he will immediately report it to the coastguards or the authorities.
The lessee declares to be of an age that possesses mental and physical health enough to incur in water sports and recreational activities offered by Barlovento Tourism SAS (Boats4u). The lessee also declares awareness of the activity to be carried out and hence the awareness regarding the risks and responsibilities incurred by participating in said activity. By this, the lessee exonerates Barlovento Tourism SAS its legal representatives and the owners of the boats offered on the PORTAL (boats4u) of any moral or legal responsibility for any of the damages that might be generated by this activity and assumes all risks for their voluntary participation in this activity. Along with these records, the lessee waives any claim or lawsuit against Barlovento Tourism SAS who owns the Boats4u brand, as well as its legal representative and the owners of the boats offered on the PORTAL for any risk involved in the activities during the tour to the Rosario Islands and every activity carried out during the day or at night.
By accepting the terms and conditions the lessee is declared responsible for any damage to the equipment or the boat hired. This document is valid throughout all the legal aspects of a bill of exchange. By accepting the terms and conditions stated here, the guardian of a minor will not hold the offices responsible for the results or activities during the tour to the Rosary islands and other activities undertaken. The acceptance of these terms waives any claim or lawsuit for any damage occurred to the person who is a passenger on the boat as expressed on this document.
Consumption of alcoholic beverages is only allowed for people over 18 years of age, alcohol must be consumed responsibly. Boats4u and Barlovento Tourism SAS as well as the boat owners are not responsible for any accident that arises because of the excessive consumption of alcoholic beverages. Drug use or possession of any kind is strictly prohibited, in case the crew detects illicit drugs being used on board, it will be immediately reported to the relevant authorities.
Personal accident policy.
Barlovento Tourism SAS offers a collective personal accident policy covering all passengers onboard of the boats listed on the PORTAL boats4u (www.boats4u.co). The use of this policy provides our customers with a sense of security and complete support even on the worst case scenarios possible.
Details of Coverage.
Pandi and Hull Security Policy
|Reason for coverages
|Homicide or terrorism
|Funerary services due to accicental death
|Medical aid reimbursement
All boats listed on the PORTAL (www.boats4u.co) have Pandi policy and complete hull insurance as well as the boat.
Boats4U offers an additional ground transportation service to its customers, from the place where they are staying to the pier and back. When this service is hired, the client must commit to the following:
If the customers are not present at the previously agreed pick up location at the exact time scheduled, there will be a penalty fee of $30,000 COP or $10 USD and it will be increased for every additional 30 minute wait.
- Respect the hired schedule and be on time at the place agreed for pick up.
- Do not exceed the maximum passenger capacity on the vehicle.
- Do not consume alcoholic beverages during the transportation.
The use of our website represents the full acceptance of these terms and conditions.