Terms & Conditions
These Terms and Conditions govern all services provided by Juan Ballena - Travel experiences in Cartagena (hereinafter, "We").
"Contract" means an intermediary travel contract between Juan Ballena - Travel experiences in Cartagena and You. "Intellectual Property and Proprietary Information" means any and all copyrights, trademarks and other proprietary information, including but not limited to text, software, images, graphics, video, sound, trade names, domain names, know-how, pricing information, confidential information, and the Juan Ballena¡ logo.
"Personal Information" means any contact information that You provide us when purchasing the Services through our Site, excluding any credit information. "Price" means any remuneration to be paid in exchange for the Services. "Services" means any reservation or booking services provided by Juan Ballena - Travel experiences in Cartagena to You through a Contract regarding any Tours and Activities. "Site" means the website "www.juanballena.com".
"Tours and Activities" means any tours and/or activities offered in our Site, including without limitation, tours, shows, meals, lodging or transport services. "Voucher" means a voucher for use of specific Tours and Activities booked by You. "You" or "Traveller" means any person who benefits from an undertaking of the Services, whether the contract is concluded or the price paid by himself or by another person for him.
(1) Quality. We have carefully selected the local tourist providers pursuant to our quality standards and requirements.
(2) Intermediary reseller. we expressly state that we act as an intermediary seller in the reservation or booking of the different tours and activities. This means that all Tours and Activities are delivered by third-party providers. We are not responsible for the Tours and Activities provided as an intermediary seller, and therefore, We are not liable for any delay, damage, loss, injury, liability or expense caused to any person or property in the provision of Tours and Activities by a local provider.
(3) Customer service. Notwithstanding the foregoing, if you have a problem with a local provider or you are dissatisfied with the service that you have received, please contact us in order to track the specific case and help us maintain our quality level.
(4) Alterations. We reserve the right, for technical or operational reasons, to alter in all or in p the content, order and/or scheduling of the Services or the Tours and Activities, before or during their execution.
We may cancel any Services or Tours and Activities where any of the following circumstances appear: a) Where force majeure or fortuitous events occur; b) Where the delivery of the Services or the Tours and Activities is not possible, despite us having worked with foresight and due diligence, and through no fault; c) where the alteration of third-party providers rates or currency exchange rates demands a substantial increase in the Price of the Tours and Activities, and this leads to consequent cancellations of those travelers who were registered; d) where there is a failure to reach a sufficient number of reservations or bookings.
(5) Fraud. We take fraud very seriously. We reserve the right to cancel any vouchers without a refund if we perceive any fraudulent or improper activity from You.
(1) Pricing Structure and Price Modifications. Our prices and pricing policies depend on our third-party providers. We reserve the right to adjust the Prices when third parties providers modify their rates . As Prices may be subject to change without notice, please check our Site regularly for updated Prices.
(2) Payment Confirmation. We are only able to fix our Prices for particular Tours and Activities when booking is finally confirmed. Any amounts that We receive before the final confirmation of the respective Tours and Activities are received by us only as a reservation. The final confirmation of the Tours and Activities details and of the respective Prices shall be done upon the emission of your Vouchers and the respective billing to You
(3) Accepted Currencies. Our Site displays Prices in several currencies; however, our Price list is made in US Dollars. Services may only be paid in US Dollars, any other local currencies will be billed at the exchange rate of the day of the transaction, according to the payment options accepted by each payment entity. Other currencies may be available only where the payment entity allows for it, and according to the currency conversion policies of said payment entity.
(4) Included Items. Unless otherwise specified, our Prices: (i) are per person, and include VAT; (ii) include meals, entrance fees, tours and activities only as is specified in each product description; and (iii) include transfers to and from airports, terminals and hotels only when indicated in each product description. The estimated duration of Tours and Activities is also specified in each product description.
(5) Excluded Items. Unless otherwise specified, our Prices do not include: (i) any extras, drinks, local guides in languages other than English, Spanish or Portuguese, gratuities to tour directors, drivers, local guides or other, service charges, airport taxes, passport and visa fees, other future and/or current taxes, baggage or personal insurance, laundry services, nor any service not expressly stated in the product description ; (ii) any lodging, meals and/or additional expenses or damages resulting from cancellations, delays in departures or arrivals of transportation, or unforeseen reasons; (iii) meals on the road, except those expressly included in the Tours and Activities; (iv) interests on credit card operations or any administrative costs; (v) health insurance or insurance of any other type.
(6) Group Reservations. Special Prices and restrictions may apply for group reservations of 6 passengers or more.
(1) Use of Vouchers. Upon payment, You will receive an e-mail to confirm that the transaction has been successfully processed by our support team, which shall include an electronic Voucher. You must show the Voucher directly to the third-party provider in case is required.
(1) Third Party Providers. Modification of any of the Tours and Activities provided through our Services is fundamentally subject to the availability, rates and policies of our third-party providers.
(2) Modification Process. Any modification request shall be communicated in writing to our Customer Service department at [e-mail address: email@example.com], before or on three
(3)working days prior to the scheduled date of the Tours and Activities. Modification requests received less than three (3) working days prior to the scheduled date are considered "last minute" changes and additional fees may apply.
(3) Multiple Modifications. We are proud of our customer service and, for your benefit, You can request up to two modifications at no additional service cost. However, any following modification shall have an extra cost of USD$25.00.
(4) Special offers. Special offers, group prices, discounts or promotional codes granted at the time of booking may be lost when modifications are requested, as different rates may apply.
B. Cancellations & Refunds
(1) Timing. Once the Tours and Activities have started, it is not possible to suspend, modify or cancel any reservation or booking. The voluntary non-use of the Tours and Activities shall not result in any claim, refund or reimbursement. In line with the foregoing, We shall not provide any refund if any of our third-party providers refuse to provide the requested service because You did not fulfill the requirements specified in the Tours and Activities description and/or in our email communications with You.
(2) Cancellation Process. Any cancellation request shall be communicated in writing to our Customer Service department at [e-mail address: info@Juan Ballena¡.com]:
- Cancellations requested before or on six (6) working days prior to the scheduled date of the Tours and Activities are entitled to receive a full refund of the total paid, minus Administrative Costs, as described below;
- Cancellations requested between five (5) and three (3) working days before the scheduled date of the Tours and Activities will be deducted half (50%) of the total paid, plus Administrative Costs, as described below;
- Cancellations requested within 24 hours of the scheduled date of the Tours and Activities shall not be entitled to any refund.
- Refunds are also subject to our third-party providers pricing policies as administrative costs. If refunds apply, We shall be entitled to deduct fifteen (15%) percent of the refunded amounts. We may request additional documentation in order to start the refund process.
- We process cancellation requests within refund requests within 72 working hours from receipt.
- Any and all refunds shall be performed through the same payment method used by You when booking the Tours and Activities. Therefore, any refunds shall be delivered exclusively under the rules and transfer times of the respective bank, credit card or merchant, as applicable, and any rates or fees charged by them shall be at your exclusive charge.
(3) Special Tours and Activities. As special Tours and Activities are meant to be provided on a specific date and count with limited availability, tickets to any special Tours and Activities including but not limited to football games and any other sport events, and entertainment shows such as live concerts or theatre plays-- are not refundable under any circumstances.
(4) Gift Certificates and Coupons. Gift Certificates or any other coupon tickets are not refundable under any circumstances.
(5) Transfers. Further to clause V.B.(1), transfer services are refundable only if You report your problem or a delay from the airport to our Customer Service department, and You receive our express authorization to take another form of transportation. Otherwise, You shall not be entitled to any refund, and You will be responsible to hire another transfer service at your own expense.
(1) Privacy. All Personal Information stored in our database is used solely to provide the Services with our third-party providers. We shall not share any Personal Information under any other circumstances, unless it is required by any relevant authorities to satisfy a legal procedure or to detect, prevent or address fraud, security or technical problems. In such case, we shall furnish only that portion of the Personal Information which is strictly required for said purposes.
(2) Payment Information. Credit information revealed during payment is not under our administration, as the payments are made on third-party platforms of our online-payment merchants which encrypt the information they receive according to international standards. Neither We nor our employees have access under any circumstances to credit card details or any other credit or Personal Information entered during the payment process unless it is provided by You with the purpose of receiving help in completing the payment process. In this case, upon finishing the transaction, said information shall be permanently destroyed and if it is needed again, it shall be necessary to request the credit information again from You.
Our Site, Vouchers, printed materials and all communications with You contain Intellectual Property and Proprietary Information protected by international treaties. All such Intellectual Property and Proprietary Information is our exclusive property or used with express permission of the copyright or trademark owner. Any copying, downloading, transmitting, posting, linking, redistributing, reverse-engineering, distributing, creation of derivative works, modifying or otherwise exploiting said Intellectual Property and Proprietary Information without our prior express written consent is strictly prohibited and shall be duly prosecuted.
- Cancellations of the whole reservation group thirty (30) days before the date of the activity will receive a refund of the full amount paid, minus administrative costs.
- Cancellations of the whole reservation group between thirty (30) and seven (7) days before the date of the will only receive a 50% refund of the amount paid.
- Partial cancellations of group members (no more than the 30% of the group) may apply to a full refund (minus administrative costs) up to 48 working hours before the date of the activity, by requesting the cancellation to our Customer Service department and obtaining their approval. If the cancellation is caused by medical reasons, passengers should show medical authorization. Cancellations above 30% of the group are tied to the cancellation policies of the tour operator or service provider and are thus evaluated on a case-by-case basis.
These Terms and Conditions and all Contracts celebrated therewith shall be governed by the Brussels Convention, Law 19.918).