Accommodation contract

TOUR VACATION HOTELES AZUL SAS, a company incorporated under Colombian law, with Tax Identification Number (NIT) 900.304.940-9 and duly registered in the National Tourism Registry, referred to as THE PROVIDER, and on the other hand, the persons specified in the Accommodation Registration Card (TRA), duly identified, who will be referred to as THE USER(S), have decided to enter into this lodging contract from the date of signing the TRA, according to the following clauses and applicable legislation:

FIRST: OBJECT. Through this contract, THE PROVIDER delivers to THE USER(S) the use and enjoyment, under a commercial lease, of the housing unit specified in the TRA, which is located in the hotel and lodging establishment mentioned in the TRA, and which is furnished and meets the hotel requirements.

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

THIRD: CONTRACT TERM. – The term of this contract is that established in the Travel Agreement (TRA) according to the reservation and will end on the day and time that the USER(S) check out. This contract may be extended by express agreement of the parties and the issuance of a new TRA. For these purposes, in cases of extension, the USER(S) will be subject to room availability and policies established by the PROVIDER. The intention to extend the lodging contract must be communicated by the USER(S) at least 3 calendar days prior to the contract's expiration date.

FOURTH: SAFEKEEPING OF MONEY AND VALUABLES: Users shall have the right to entrust money and valuables to the PROVIDER for safekeeping, upon completion of a Safekeeping Agreement at Reception. The PROVIDER hereby informs users that it is not responsible for goods, money, and other personal belongings that have not been left in the PROVIDER's safekeeping at the Hotel Reception.

FIFTH: FORMALITIES: The delivery for safekeeping is subject to compliance with the established Luggage and Valuables Safekeeping Procedure and the delivery to the USER(S) of the written deposit receipt to the SERVICE PROVIDER, governed by the provisions of tourism, civil, and commercial legislation regarding deposits. The SERVICE PROVIDER shall not be held responsible for lost items that were not reported at the time of hotel check-in.

SIXTH: SERVICES. – The services installed in the housing unit, such as water, sewage, electricity, among others, are provided by THE PROVIDER. Additional services such as fax, long-distance calls, cell phone service, and internet use will be the responsibility of THE USER(S), and will be settled upon termination of the contract, unless they are included in the purchased tourist service.

SEVENTH: OBLIGATIONS . In addition to the obligations established in this contract and those determined by applicable law, THE USER(S) have the following obligations: a) To pay for all services provided by THE PROVIDER. b) To fully cover any damage caused to the accommodation unit and other facilities of the establishment by the USER(S), whether due to their own responsibility or that of their dependents, c) To comply with the rules and regulations of the hotel establishment, d) To return the accommodation unit in the same condition in which it was received, except for natural deterioration caused by legitimate use, e) From this moment, the USER(S) accepts and agrees to unconditionally pay the total amount of the invoice issued by the PROVIDER for lodging and food services provided, in the event that the USER(S) test positive for COVID-19 and must remain in strict quarantine at the Hotel, exceeding the initially contracted lodging period, f) To diligently follow all safety, transfer, and relocation instructions provided by the PROVIDER during an emergency event due to force majeure circumstances such as natural events, including tropical storms, hurricanes, tsunamis, earthquakes, as well as acts of a third party such as terrorism, theft with violence, attacks, riots and in general any circumstance that generates a risk to the personal integrity of THE USER(S), g) Comply with the other provisions issued by the National Government and that are applicable to this contract.

In turn, THE PROVIDER has the following obligations: a) To deliver to THE USER(S) on the agreed date the housing unit provided for lodging in good condition of service, safety and sanitation and to make available to them the services, things or related uses and the additional ones agreed herein, b) To maintain in the property the services, things and related and additional uses in good condition to serve for the agreed purpose, c) To leave available to THE USER(S), at the reception a copa) the regulations of the hotel establishment and the policies of the PROVIDER, which form an integral part of this contract; d) receive from the USER(S) deposits in money and valuables for safekeeping, provided that they are not of substantial value or excessively bulky, after the parties have signed a delivery receipt; e) upon termination of the contract by the PROVIDER, the latter shall, in the presence of witnesses, prepare and sign an inventory of the effects or luggage of the USER(S) and may remove them from the accommodation; f) if the USER(S) fail to pay their bill, the PROVIDER may take the goods to an authorized auction house to be sold at public auction and use the proceeds to pay the USER(S). The remaining balance shall be deposited in an authorized bank at the disposal of the USER(S); g) comply with any other provisions issued by the National Government that are applicable to this contract. 

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

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

TENTH: AUTHORIZATION FOR DATA PROCESSING.- THE USER(S) expressly authorize THE PROVIDER, in accordance with Statutory Law 1581 of 2012, to collect, process and use their personal data for the purpose of guest registration, administrative management, customer loyalty, internal statistics management, collection management, billing management, economic and accounting management, marketing, opinion surveys, analysis for the control and prevention of fraud and money laundering, including but not limited to consulting reports on restricted lists, data update campaigns, handling information inquiries and complaints, and transmitting data within the framework of this contractual relationship to its allied companies and Inspection, Surveillance and Control Authorities or Entities. Likewise, as legal representative, the user authorizes the processing of data of any minors who may be included as guests in this registration for the provision of contracted hotel services. It is clarified that providing information concerning minors or sensitive data, understood as data that may affect privacy or generate any type of discrimination, is optional. In accordance with Article 8 of Statutory Law 1581 of 2012, the user has the following rights: a) To know, update, and rectify their personal data held by the SERVICE PROVIDER. b) To request proof of the authorization granted to the SERVICE PROVIDER for the collection and use of personal data, except when such authorization is not required under the Law. c) To be informed by the SERVICE PROVIDER, upon request, regarding the use of their personal data. d) File a complaint with the Superintendency of Industry and Commerce for violations of the Law and other regulations that modify, add to, or complement it, once the consultation or claim process with THE SERVICE PROVIDER has been exhausted. 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 THE SERVICE PROVIDER has engaged in conduct contrary to Statutory Law 1581 of 2012 during said collection. f) Access, free of charge, their personal data that has been collected and/or used. Should the USER(S) wish to exercise any of their rights or have any concerns, observations, or comments related to the collection and/or use of personal data provided to THE SELLER in the course of their contractual and commercial relationship, they may contact us in Bogotá at telephone number (1) 3104949, address Carrera 46 #94-73, Bogotá, or by email at atencionalcliente@onvacation.com . The USER(S) may access the privacy and confidentiality policies for personal data established at www.onvacation.com/politica-privacidad-confidencialidad and, consequently, grant free, voluntary, informed, and express authorization for the processing of personal data in accordance with this authorization.

ELEVENTH: SUPERVISION. - For the monitoring, supervision, and control of the services covered by this contract, the PROVIDER may be subject to oversight by the competent authority determined by the Government. TWELFTH: COMPLIANCE WITH THE REGULATIONS AND POLICIES OF THE HOTEL ESTABLISHMENT: Along with this contract, the USER(S) accept the regulations established by the PROVIDER, which are available at the reception desk and throughout the hotel facilities. The USER(S) agree to comply without restriction or reservation with the rules contained in the Regulations and the various rules and policies of use made available to the USER(S), both in the contracted accommodation and in the common areas, as well as any and all modifications thereto that may be approved in the future. Any breach of the obligations set forth in this contract and the various rules and usage policies shall be considered a breach of contract and shall have the corresponding legal consequences. In any case, the commission of a breach shall result in the termination of this contract with all the consequences provided for herein. In the event of any conflict between the content of the Regulations and the content of this contract, the latter shall prevail.

FIRST PARAGRAPH: THE USER(S) has the free decision to participate in the additional recreational or entertainment activities that take place in the hotel establishment, making clear the mere liberality of THE USER(S), for which reason THE PROVIDER will not assume additional responsibilities for said activities, or for those additional activities that THE USER(S) develops.

SECOND PARAGRAPH: The USER(S) described in their reservation declare and accept by this document that they exonerate the PROVIDER from any type of contractual or extra-contractual liability for the use or abuse that they deliberately make of the facilities of the hotel establishment and its equipment (tables, chairs, parasols, among others), including the rooms, common areas, wet areas and their complements (pools, jacuzzis, slides, trampolines, among others…) and even when there is access to natural bodies of water; consequently, they waive the right to initiate any judicial or extra-judicial process for these facts and in claim for damages or compensation, which they expressly waive with the signature of the TRA.

THIRTEENTH: THE SERVICE PROVIDER rejects any form of exploitation, pornography, violence, and sex tourism, and declares its commitment 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. Users are advised that the sexual exploitation and abuse of minors in Colombia are punishable by law, both criminally and administratively, in accordance with current legislation.

FOURTEENTH: ACCEPTANCE AND AUTHORIZATION OF ELECTRONIC SIGNATURE: As a GUEST, I accept that the scanning of my identity document and those of the persons I have legally represented shall be interpreted as acceptance of i) Hotel Registration, ii) the Accommodation Card, iii) this Accommodation Contract with all the stipulations that are part of it, including v) the Authorization for the Processing of Personal Data under the terms indicated at the time of Check In and as also informed through the privacy notice published at the reception of the hotel establishment. In this regard, I expressly waive the right to file any legal action to invalidate the content of the Hotel Registration, the Accommodation Card, the Lodging Contract, and the Data Processing Authorization solely due to the use of “Electronic Data Interchange” through the scanning of my identity document, hereinafter referred to as “Electronic Signature,” in compliance with Law 527 of 1999 and Decree 2364 of 2012. I declare that in the event of any dispute or litigation, the records of the Electronic Signature messages used will be admissible before the judge or competent authority and will constitute full proof of the facts contained therein, unless evidence to the contrary is presented. Likewise, I acknowledge and accept that the signature affixed to the aforementioned documents is reliable and legally and contractually binding in relation to their content and has the same validity and legal effect as a handwritten signature. TOUR VACATION HOTELES AZUL SAS, in order to protect the authenticity, integrity, validity, and inviolability of the Electronic Signature and the Agreement, and in accordance with Law 527 of 1999 and Decree 2364 of 2012, undertakes to: 1) Maintain exclusive control and custody over the Electronic Signature creation data. 2) Guarantee that the signature creation data is not used improperly or without authorization. 3) Immediately notify the GUEST of any event that could lead to the Electronic Signature creation data being questioned, repudiated, and/or compromised, threatening its reliability and integrity.

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