CONDITIONS AND BOOKING TERMS

AGREEMENT

The terms and conditions set forth in this agreement, together with any written information we brought to your attention before we confirmed your booking, constitute the entire understanding and agreement between you the trip ‘participator’ and Expora Santander S.A.S with consideration to any and all bookings, tours and transactions made with Explora Santander.

By submitting a booking form online, the first named person on the booking agrees on behalf of all persons detailed on the booking that:
a. He/she has read these terms and conditions and has the authority to and does agree to be bound by them;

1. He/she consents to our use of information in accordance with our Privacy Policy;
   c. that you have made all other Participants listed in the booking aware of these terms – regardless of how final payment is made – and that all Participants accept and agree to be bound by these terms.

Please take the time to read and understand the conditions prior to booking your mountain bike tour with Explora Santander S.A.S. as they set out our respective rights and obligations. We strongly recommend that you also read all the details set out in the web page relating to your trip prior to booking to ensure that you understand the itinerary and style of the trip you are effort.

1. He/she is over 18 years of age and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age;

 

 

 

ERRORS AND Exclusions

We have made a concerted attempt to verify the accuracy of statements made in our trip documentation including brochure, website and trip brochure we cannot be held responsible for any error, omission or unintentional misrepresentation that may occur and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the arrangements that you wish to book before your booking is confirmed.

 

• Legality

Please note that dates, itineraries and prices are indicative only and you must contact us for the up to date price of the arrangements you are seeking to book.

 

• APPROVAL OF BOOKING AND FINAL PAYMENTS

Acceptance of your booking will be confirmed by us in writing. A booking is not confirmed until we have received full payment for your holiday and you have received a final confirmation from us. A binding contract will come into existence between you and us as soon as we have issued you with a booking confirmation that will confirm the details of your booking and will be sent to you. Upon receipt, if you believe that any details on the booking confirmation or any other document are wrong you must advise us immediately as changes can not be made later and it may harm your rights if we are not notified of any inaccuracies in any document immediately.

Please refer to your booking confirmation for details regarding final payments. Payment of the balance of the trip price is due 60 days before the departure date. If this balance is not paid on or before the due date we reserve the right to treat your booking as cancelled in which case the cancellation charges set out below will become payable.

BOOKING Data AND CONDITIONS

You are required to pay a non-refundable deposit of 25% of the cost of your chosen trip for your booking to be confirmed. If your booking is made within 60 days of the departure date then the full amount is payable at the time of booking. Prices quoted are based on “twin shared” accommodation, and may be subject to change without notice. A supplement may be charged for single room occupancy, as detailed in the tour information on our website. We reserve the right to return your deposit and decline to issue a confirmation at our absolute discretion.

A detailed kit list, and information on travelling to the meeting point will be sent to you upon receipt of your deposit/full payment. Meeting instructions and final trip arrangements will be sent to you two weeks prior to your tour start date.

• YOUR Specifics

Necessary details include full name as per passport, date of birth, nationality, passport number, passport issue and expiry date and any pre-existing medical conditions you have which may affect your ability to complete your travel arrangements. In order for us to confirm your mountain bike tour you must provide all requested details with the balance of the trip price.  Your booking cannot be confirmed without provision of these details.

PRE-DEPARTURE DOCUMENTATION

It is your responsibility to contact us if any information is incorrect. We cannot accept liability if you do not notify us of any inaccuracies within seven days of your receipt of those documents. This agreement, a waiver of liability and assumption of risk agreement and, if required, a medical statement must be submitted by you. It is important that you read carefully all trip-related documents that you receive from us as soon as you receive them.  If you fail to submit this and other necessary documentation prior to departure, we reserve the right to treat your booking as cancelled by you and impose the cancellation fees described in this agreement.

 

• Retirement BY YOU

If you leave, or have to be removed from a trip for any reason after it has commenced we are not obliged to make any refunds for unused services. There are no exceptions to this cancellation policy, including for reasons related to weather, terrorism, civil strife, family or medical emergencies, or any other circumstances beyond our control.

If you or any other member of your party decides to cancel your confirmed booking you must notify us in writing. A cancellation will only be effective when we receive written confirmation of the cancellation. We do not offer any refund on monies paid by you and therefore in the event you cancel your booking, we will retain all monies paid by you by way of our cancellation charge. We strongly advise you to purchase trip cancellation and interruption insurance at the time of booking which will cover cancellation fees.

If you are unable to find a replacement, cancellation charges as set out will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.

If any member of your party is prevented from travelling, that person(s) may transfer their place to someone else (introduced by you and satisfying all the conditions applicable to the preparations) providing we are notified not less than 35 days before departure and you pay an amendment fee of $70 per person transferring, meet all costs and charges incurred by us and/or incurred or imposed by any of our suppliers and the transferee agrees to these booking conditions and all other terms of the contract between us.

 

 

MODIFICATIONS MADE BY YOU

If you notify us of any amendments less than 60 days prior to the proposed departure date the refund policy applicable to cancellations will apply. No amendments are permitted to your booking within 10 days of departure.

If you wish to change any part of your booking after our confirmation invoice has been issued, you must inform us in writing as soon as possible and by no later than 60 days prior to the proposed departure date. This should be done by the first named person on the booking. Whilst we will do our best to assist, we cannot guarantee that we will be able to meet your requested change. Where we can meet a request, all changes will be subject to payment of an administration fee of $70 per person per change as well as any applicable rate changes or extra costs incurred as well as any costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers. You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible. Where we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation by you. A cancellation fee may be payable. If you are prevented from travelling it may be possible to transfer your booking to another suitable person provided that written notice is given. An administration fee will be charged, details available upon request.

If any member of your party is prevented from travelling, that person(s) may transfer their place to someone else (introduced by you and satisfying all the conditions applicable to the arrangements) providing we are notified at least 60 days prior to the proposed departure date and you pay an amendment fee of $70 per person transferring, meet all costs and charges incurred by us and/or incurred or imposed by any of our suppliers and the transferee agrees to these booking conditions and all other terms of the contract between us. .

 

Note: Certain arrangements may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% of that part of the arrangements in addition to the charge above.

 

ACCEPTANCE OF RISK AND RESPONSIBILITIES AS A TOUR PARTICIPANT

You acknowledge that the nature of a mountain bike trip is adventurous and participation involves a degree of personal risk. You will be visiting places where the political, cultural and geographical attributes present dangers and physical challenges greater than those present in our daily lives. We use information from government foreign departments and reports from our own contacts in assessing whether the itinerary should operate. However, not withstanding this, it is also your own responsibility to acquaint yourself with all possible relevant travel information and the nature of your itinerary, and you acknowledge that your decision to travel is made in light of consideration of this information and that you assume the personal risks inherent in such travel.

You also acknowledge and clearly understand that during the course of the trip certain risks and dangers may occur, including but not limited to the hazards of travelling in mountainous regions and that by the very nature of the activities you are exposed to an element of personal risk over and above those associated with conventional holidays. You agree to assume all risks associated with the journey and agree that no liability will attach to Explora Santander in respect of death, personal injury, illness or delay of the participant, or for any loss of or damage to the property of the participant, including to your bike or other cycling equipment, during the course of the trip.

Furthermore, you must be adequately fit and of an adequate proficiency to undertake the itinerary set out in the tour you have chosen. You therefore accept and consent to the risks inherent in the implementation of this contract and accept as reasonable the limitations of our responsibility as set out in these terms and conditions.

Explora Santander reserves the right to decline, to accept, or to retain any person as a member of any party at any time.

Nothing in this clause or in any part of these Terms and Conditions is intended to exclude or limit Explora Santander liability for death or personal injury caused by our negligence.

AGE

Minimum: General Policy: For the majority of our trips the minimum age is 18 years. In exceptional circumstance we may allow children between 12 and 18 years-old, accompanied by a responsible adult, to join one of our tours. This decision will be at the discretion of Explora Santander.

Maximum: General Policy: For the majority of our trips we have no upper age limit though we remind you that our trips can be physically demanding and a Self- Assessment form is required for all clients 65 years and over.

FORCE MAJEURE

Explora Santander S.A.S. will not be deemed in breach of this agreement or otherwise liable to you, by reason of delay in performance or non-performance of any of its obligations under this agreement to the extent that any such delay or non- performance is due to any Force Majeure. ‘Force Majeure’ means any circumstances beyond the reasonable control of Explora Santander, including without limitation acts of God, terrorist activities, insurrection, explosion, flood, tempest, forceful wind, fire or accident, war or threat of war declared or undeclared, sabotage, civil, disturbance, labour strikes, requisition, sickness, quarantine, government intervention, weather conditions, and unforeseen circumstances. Advice from the Foreign Office to avoid or leave a particular country may constitute Force Majeure.

If Explora Santander and/or any of its Suppliers are affected by Force Majeure, they shall be entitled to, and may in their sole discretion, vary or cancel any itinerary or arrangement in relation to the tour. Regarding civil unrest, once Explora Santander has investigated the prevailing situation, as it deems fit, it shall remain in Explora Santander sole and absolute discretion whether to proceed with the tour.

YOUR BEHAVIOUR

All guests staying with us are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of other guests. If in our opinion or in the opinion of your tour leader, any hotel manager or any other person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any of our other guests or any third party or damage to property, or to cause a delay or diversion to the tour or other transportation, we reserve the right to terminate your booking arrangements with us immediately. In the event of such termination our liability to you and/or your party will cease and you and/or your party will be required to leave the tour immediately. We will have no further obligations to you and/or your party. No refunds for lost accommodation or any other service will be made and we will not pay any expenses or costs incurred as a result of termination. You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly to the hotel manager or other supplier prior to departure from the hotel. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you. We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.

SPECIAL REQUESTS

Any special requests must be advised to us at the time of booking e.g. diet, room location, a particular facility at a hotel etc. You should then confirm your requests in writing. Whilst every effort will be made by us to try and arrange your reasonable special requests, we cannot guarantee that they will be fulfilled. The fact that a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on to the supplier is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed. We do not accept bookings that are conditional upon any special request being met.

DISABILITIES AND MEDICAL PROBLEMS

We are not a specialist disabled holiday company, but we will do our utmost to cater for any special requirements you may have. If you or any member of your party has any medical problem or disability which may affect your participation in the arrangements, please provide us with full details before we confirm your booking so that we can try to advise you as to the suitability of your chosen arrangements. In certain circumstances, we may require you to produce a doctor’s certificate certifying that you are fit to participate in the tour. Acting reasonably, if we are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details at the time of booking, we will cancel it and impose applicable cancellation charges when we become aware of these details.

You must be adequately fit to cover the distances and undertake the program set out in your itinerary. If it is felt that any client is not sufficiently fit, healthy, properly equipped or able to complete the tour without affecting its safety, comfort or happy progress, the tour leader at any stage has the right to remove you from the tour.

Medical Treatment: It is a condition of your booking that in cases of emergency we have your authority to arrange any necessary medical or surgical treatments and to sign any required form of consent on your behalf.

 

UR RESPONSIBILITIES

1. We will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel, Package Holidays and Package Tours Regulations 1992 as set out below. Subject to these booking conditions, if we or our suppliers negligently perform or arrange the services which we are obliged to provide for you under our contract with you, as set out on your confirmation invoice, we will pay you reasonable compensation. The level of such compensation will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these conditions and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your holiday. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.
2. We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:
3. a) the act(s) and/or omission(s) of the person(s) affected;
   b) the act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or
   c) unusual or unforeseeable circumstances beyond ours or our supplier(s) control, the consequences of which could not have been avoided even if all due care had been exercised; or
   d) an event which either ourselves or suppliers could not, even with all due care, have foreseen or forestalled.
4. We limit the amount of compensation we may have to pay you if we are found liable under this clause:
5. a) loss of and/or damage to any luggage or personal possessions and money:

The maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are assumed to have adequate insurance in place to cover any losses of this kind.

1. b) Claims not falling under a) above and which don’t involve injury, illness or death:

The maximum amount we will have to pay you in respect of these claims is twice the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking.

1. c) Claims in respect of international travel by air, sea and rail, or any stay in a hotel:

i The extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which include The Warsaw/Montreal Convention (international travel by air); The Athens Convention (with respect to sea travel); The Berne/Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to hotel arrangements). You can ask for copies of these Conventions from our offices. Please contact us. In addition, you agree that the operating carrier or transport company’s own ‘Conditions of Carriage’ will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those ‘Conditions of Carriage’. You acknowledge that all of the terms and conditions contained in those ‘Conditions of Carriage’ form part of your contract with us, as well as with the transport company and that those ‘Conditions of Carriage’ shall be deemed to be included by reference into this contract.

ii In any circumstances in which a carrier is liable to you by virtue of the Denied Boarding Regulation 2004, any liability we may have to you under our contract with you, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier.

iii When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.

4. It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.
5. Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.
6. Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description: a) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you; or b) relate to any business.
7. We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised in our brochure. For example any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.

PASSPORT AND VISAS

You are responsible for ensuring that all necessary travel documents are valid and effective and in your possession for the entire tour. Passports are required for travelling aboard and should be valid for at least six months after your date of return. We suggest that you apply for or renew a passport early. Other required documents may include visas, permits, and vaccination certificates. You assume complete responsibility for checking and verifying any and all passport, visa, vaccination, or other entry requirements. You are also solely responsible for any adverse consequences resulting from incomplete or defective documentation. While we may provide information or advice on matters such as visas, vaccinations, climate, clothing, baggage, and special equipment in good faith as a courtesy to you, we are not responsible for any errors or omissions as to the information provided. We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities.

TRAVEL INSURANCE

Travel insurance is compulsory for all Explora Santander travellers and should be taken out at the time of booking. Your travel insurance must provide cover against personal accident, death, medical expenses and emergency repatriation. We also strongly recommend it covers cancellation, curtailment, personal liability and loss of luggage and personal effects. You must provide proof of your travel insurance on the first day of your trip; you will not be able to join the trip without it. If you choose to travel without adequate insurance cover, we will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.

FLEXIBILITY

You appreciate and acknowledge that the nature of this type of travel requires considerable flexibility and you should allow for alternatives. The itinerary provided for each trip is representative of the types of activities contemplated, but it is understood that the route, schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events.

ITINERARY CHANGE

While we endeavour to operate all trips as described we reserve the right to change the trip itinerary. Please refer to our website before departure for the most recent updates to your itinerary.

After departure: We reserve the right to change an itinerary after departure as a result of weather, local circumstances or events outside of our control. In such emergency circumstances the additional cost of any necessary itinerary alterations will be covered by you: please refer to the Trip Notes for your trip for details of Emergency Funds which you agree to carry, to be used in such instances. In this case, we are not responsible for any incidental expenses that may be incurred as a result of the change of itinerary such as visas, vaccinations or non-refundable flights.

ON TOUR AUTHORITY

We may also elect not to carry you on any future trips booked. You must at all times comply with the laws, customs, foreign exchange and drug regulations of Colombia, and you also agree to travel in accordance with our responsible travel guidelines.

Our group trips are run by an Explora Santander guide. The decision of the guide is final on all matters likely to affect the safety or well-being of any person participating in the trip. If you fail to comply with a decision made by a guide, or interfere with the well-being of the group, the guide may order you to leave the trip immediately, with no right of refund. In such a circumstance, where a traveller is removed from the trip, Explora Santander accepts no responsibility for their transfer back to the tour end point or any costs incurred therein. Any transport arranged for the traveller in question will be at the sole discretion of Explorea Santander.

COMPLAINT PROCEDURE

If you have a complaint during your tour, you must promptly notify Explora Santander or your tour leader of the problem so that they can attempt to remedy the situation. Failure to do so while you are on tour will extinguish or reduce your ability to claim compensation from Explora Santander. Further, if you attempt to address the problem on your own without using this notice procedure, you assume responsibility of added costs you may incur and forfeit any potential refunds.

If you are not satisfied after using this notice procedure, you must submit your complaint in writing to info@tierranegrafilms.com within 14 days of the tour’s end date.

TOUR START DATE

It is your responsibility to be ready to embark on the tour as specified in the itinerary. Explora Santander is not responsible for any losses due to cancelled or missed flights, changed flight itineraries, late arrivals, or early departures. Our responsibilities do not commence until the appointed time at the designated meeting point.

FLIGHT DELAYS

If you or any member of your party misses your flight or other transport arrangement, it is cancelled or you are subject to a delay of over 3 hours for any reason, you must contact the airline or other transport supplier concerned directly and immediately. As we do not offer flights or other transport as part of our package, we have no liability whatsoever to you in respect of any such delays or cancellations. Any airline or other transport supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them.

 

 

SEVERABILITY

In the event that any term or condition contained in these Booking Conditions is unenforceable or void by operation of law or as being against public policy or for any other reason than such term or condition shall be deemed to be severed from this contract or amended accordingly only to such extent necessary to allow all remaining terms and conditions to survive and continue as binding.

• video IMAGE exemption

You agree that Explora Santander S.A.S. may use, re-use and reproduce any images, photos, or videos that you send to us, or that are taken by our guides and/or other Participants of you individually or in a group, in any medium, including but not limited to print, electronic media, or internet, free of charge and without your right to inspection, for promoting and publicising our travel products and services worldwide. If you do not want us to use any images of you that are taken by us or other Participants during the tour, you must inform us or your tour leader in writing at the start of the tour.

 

PRIVACY POLICY

Necessary information may be disclosed to our agents, service providers or other suppliers to enable us to operate the trip. We will otherwise treat your details in accordance with our privacy policy (available for viewing on our Website).

Any personal information that we collect about you may be used for any purpose associated with the operation of a trip or to send you marketing material in relation to our events and special offers. Any marketing material will be delivered via email and will include options to unsubscribe at any time.

 

CONDITIONS OF SUPPLIERS

Many of the services which make up your holiday are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions. Those suppliers provide these services in accordance with their own terms and conditions which will form part of your contract with us. Some of these terms and conditions may limit or exclude the supplier’s liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request from ourselves or the supplier concerned.

APPLICABLE LAW

The laws of Colombia govern these Booking Conditions to the fullest extent allowable. Any disputes in connection with a trip or these Booking Conditions must be initiated in the courts of Colombia and both parties submit to the exclusive jurisdiction of the Colombian Courts.

ADDRESS

Explora Santander, Bucaramangta, Cra 34 No 32-31, Colombia. Please note that we are a Colombian registered company our NIT: 901198550-8 We are based and operate within Colombia and assosiate with Cámara de comercio de Bucaramanga  in the deparment of Santander and as such we are governed by Colombian  laws. All prices and payments shall be processed US Dollars ($USD). You agree that your booking and contract with us shall at times be governed by Colombian Law and jurisdiction, regardless of where in the world you may reside.