TERMS AND CONDITIONS
Thank you for your interest in our services. These terms and conditions govern access to and use of the website www.toursencolombia.com. This website is owned by PANAMERICANA DE VIAJES S.A.S. in its capacity as a travel agency belonging to the Colombian Association of Travel and Tourism Agencies (ANATO) with National Tourism Registry (RNT) No. 110, with Bogotá Chamber of Commerce Registration No. 00174689 dated June 21, 1982, and has offices in Bogotá, Medellín, Cartagena, and San Andrés.
Panamericana de Viajes values its users and is committed to protecting their privacy. In fulfilling this commitment, by visiting, using, and/or registering on the Website, you, as a user of the Website, accept the terms and conditions detailed below, which contain the privacy practices of the Website operated by Panamericana de Viajes, in compliance with the Personal Data Protection Law in Colombia, Law No. 1581/2012 and Decree No. 1377/2013, its complementary regulations, and the Personal Data Processing and Protection Policy.
Use of this website confirms your acceptance of the terms and conditions included in this document. Please read them carefully before using the site. If you do not agree with any section of the content, please send an email to customer service at servicio.cliente@panamericanaviajes.com before using this website.
General Terms and Conditions
Panamericana de Viajes is subject to the liability regime established by Law 300/96, Decree 2438 of 2010, Law 1480 of 2011, Decree 1074 of 2015, and other regulations that modify, add to, or reform them. The liability of the organizer of the tourist plan or package is limited to the terms and conditions of the program in relation to the provision and quality of services. Unless expressly stated otherwise, Panamericana de Viajes is not a provider of tourist services and its commercial activity is that of a travel agency that acts as an intermediary with national and international service providers for the contracting and provision of tourist services on behalf of one or more Customers. As an intermediary, Panamericana de Viajes has limited responsibility for the provision of tourist services performed by third parties, and likewise has no influence on the decisions or policies of the national and international operators, hotels, transport companies, attractions, etc. that it contracts for the proper performance of tourist services. Likewise, Panamericana de Viajes assumes no responsibility towards Clients who contract with Panamericana de Viajes for the purchase of air transportation services, unless there is an express specific contract in which Panamericana de Viajes is responsible for such services.
Panamericana de Viajes hereby states that it is not directly or indirectly liable for any damage or loss that the Customer may suffer before, during, or as a result of their trip. Likewise, it is not responsible for the failure of Tourism Service providers to fulfill their obligations due to strikes, delays, weather conditions, earthquakes, denial of entry permits or visas, delays, or for any personal, material, or moral damages that the passenger may suffer due to loss, theft, or damage to luggage, or due to illness, accidents, or death during the provision of the Tourism service. The user must file a claim directly with the companies providing the service that was not fulfilled, and the refund policies for services not provided due to any of the aforementioned situations of force majeure will be defined by each operator.
Any refunds due will be made within 30 calendar days of the request. However, if the process takes longer for reasons beyond the control of the Travel Agency, the Agency will not recognize any interest on the amounts to be refunded. The refund percentage will depend on the supplier’s conditions and the agency’s administrative expenses.
Before clicking on the purchase button, it is important to review the specific terms and conditions applicable to the tourist service you wish to contract, bearing in mind that the policies for each service are established by each provider without interference from Panamericana de Viajes, which likewise has no influence over the penalties charged by providers.
This website may only be used to make legitimate reservations or purchases and may not be used for any other purpose than those described herein. No speculative, false, or fraudulent reservations will be made. As a Customer, you assume that you are of legal age to use the site and to accept the legal and financial obligations that this entails. You agree that you are aware of all responsibilities arising from the use of this Travel Agency’s website, whether caused by you or by third parties operating under your password.
Taxes
In some countries, there is a local tax known as a “tourist tax,” “municipal tax,” “stay tax” (or similar), in addition to other charges, including “Spring Fee” or service charges, which must be paid directly by the End Consumer at the establishment and/or airport. Panamericana de Viajes will use all reasonably available means to provide, at the time of booking, an estimate of the applicable fees and/or local taxes attributable to each individual booking and payable at the time of booking and/or locally upon arrival (“Estimating charges and local taxes”). However, it should be noted that Panamericana de Viajes does not guarantee that the estimate of local taxes and charges is accurate, and the Customer understands and accepts that such estimate of local taxes and charges is provided only as an estimate. The customer also accepts that the estimate of local taxes and charges may be subject to change. Consequently, Panamericana de Viajes is not responsible for any loss, expense, or damage suffered as a result of providing such an estimate of local charges and taxes.
The confirmation and accuracy of the estimate of charges and taxes is ultimately the responsibility of the Customer. Because these local charges and taxes or resort or service fees correspond to the individual policy of each hotel or service provider, Panamericana de Viajes cannot guarantee that it has 100% up-to-date information, as it changes continuously or some hotels or service providers do not report it until check-in.
Most establishments will request a deposit on the End Consumer’s credit/debit card upon arrival for charges incurred during the stay, including, but not limited to, long-distance telephone charges, room service, Spring Fee, movies, damage or theft of hotel property, use of the minibar, and other services.
Reservation Policies:
The rates published on this website are valid only on the day of quotation and are subject to change without prior notice. The rates shown are only guaranteed upon receipt of the corresponding payment. All reservations are subject to availability. The reservation confirmation code is issued upon receipt of full payment.
All prices, rates, taxes, fees, or contributions presented in the quote are subject to change, availability, and validity without prior notice, which must be assumed by the passenger at the time of issuance of travel documents.
Hotel Rates:
Hotel rates depend on the selected accommodation. Cancellation policies, penalties, restrictions, and specific conditions of Hotel Services will depend on each service provider and the time of year the trip is taken (high or low season), as well as how far in advance the service is canceled.
When making a hotel reservation, please note that if it is marked as non-cancellable, non-refundable, or similar, a 100% penalty will apply regardless of the date on which you request cancellation.
If you have to leave the hotel before the end of your stay (early departure), or you do not show up at the hotel (known as a no-show), this is considered a cancellation and no refunds will be given. If you reduce the number of guests after paying for the reservation, it is up to the hotel to apply penalties or refunds.
Additional services, taxes, and hotel insurance will be settled and must be paid directly at the hotel when you check out.
The categories that reflect the hotels have been provided by the establishments themselves and always comply with the specific regulations that apply in each country. Therefore, a hotel in one country may not be similar in terms of services and quality compared to another hotel in another country, even if it has the same category.
The hotel information provided through Panamericana de Viajes S.A.S is as close as possible to the information provided by the establishment itself. Panamericana de Viajes S.A.S is not responsible for any inaccuracies in the information provided by its third-party suppliers.
Airline Tickets:
Remember to check the purchase conditions of the airline ticket you are buying, whether it is refundable or not, in case you decide to cancel your trip after making the purchase. Remember that all promotional fares are non-refundable, and restrictions and penalties apply for changes. When you choose a “restricted economy” fare, this refers to a fare that does not allow changes, cancellations, or refunds of the reservation amount (except by paying a penalty set by the airline according to the fare applied).
If the ticket fare is eligible for a refund, the airline will process the refund, and the estimated refund time will depend on the airline, provided that the ticket is refundable. The rules and penalties established by each airline based on the fare type and restrictions will apply.
Once the airline tickets have been issued in the customer’s name, Panamericana de Viajes is not responsible for any changes to the itinerary, or for any changes or errors in the information provided by the customer for the issuance of airline tickets, such as names, surnames, ages, gender, dates, routes, airlines, classes, categories, among others.
“Churning Airlines”: This refers to the process of repeatedly creating and canceling the same segment, travel date, time, and passenger in the same or different reservations, thus generating excessive reservation costs. For this reason, we request that you do not make more than one reservation request for the same person and the same route, as this could cause problems with the airline that could lead to the automatic cancellation of flights due to duplicate reservations, as well as the imposition of a penalty by the airline.
Administrative Fee:
An administrative fee is charged per passenger and the amount varies according to the purchase process used. This fee is non-refundable and in the event of changes or modifications that require a ticket change, this fee will be charged again.
General Cancellation Policies:
- a) For cancellation of Hotel + Flight packages:
Airline tickets are not transferable to another person or airline, except in the event of the passenger’s death.
Hotel and transportation reservations are subject to applicable penalties based on the date the cancellation is requested.
If you do not request changes before the start of the trip, the reserved services are valid only for the dates specified on the voucher.
- b) For Cancellation of Air Transportation Reservations:
When completing a flight reservation, whether as part of a package or a flight only, the “CUSTOMER’s” credit card is charged immediately in order to issue (or generate) the PROVIDER’s ticket, generating a confirmation number. Once the ticket has been issued, it has the following restrictions:
Issued tickets are NON-REFUNDABLE.
Tickets are not transferable to another person or airline.
All changes to the flight date and time incur extra charges and are subject to availability.
For changes to the date and time on airline tickets:
If the “CUSTOMER” needs to change the time or date of their flight, they must contact our telephone line 6500400 in Bogotá. All changes are subject to availability.
Additional charges for ticket changes depend on the dates on which the “CUSTOMER” wishes to travel, the policies of each airline, and the demand for each flight.
- c) For Cancellation of Hotel Reservations:
Cancellation policies may vary depending on the hotel, time of year, or type of room. The “CUSTOMER” can review the specific policy that applies to the selected hotel during the reservation process.
Low season cancellations:
Cancellations made 15 days or more before the arrival date are subject to a 10% charge.
Cancellations made 3 to 14 days before the arrival date are subject to a charge of 1 night.
Cancellations made 0 to 2 days prior to the arrival date incur a 100% charge.
NOTE: If the room is marked as non-cancellable, non-refundable, or similar, a 100% penalty applies regardless of the date on which the cancellation is requested.
Cancellations during high season and holidays:
Christmas, New Year’s, Easter, and holidays and dates designated by hotels.
Reservations canceled 30 days or more prior to arrival date are subject to a 10% charge.
Reservations canceled 15 to 29 days prior to arrival date are subject to a charge of 2 nights.
Reservations canceled less than 15 days in advance are subject to a 100% charge.
- d) For Cancellation of Tour and/or Transfer Reservations:
Tours:
Cancellations made 3 days or more before the scheduled tour time are subject to a 10% charge.
Cancellations made 0 to 2 days before the scheduled tour time will incur a 100% charge.
Transfers:
Cancellations made 3 days or more before the arrival date are subject to a 10% charge.
Cancellations made 0 to 2 days before the arrival date are subject to a 100% charge.
No refunds will be given if you do not show up at the airport on the day the transfer service is scheduled.
These policies also apply to cancellations of reservations made with fixed payments.
Cruises:
Cancellation policies may vary depending on the cruise line, time of year, or type of cabin selected. You can review the specific policy that applies to your selected cruise during the reservation process.
Cancellations made 90 days or more before the cruise departure date are subject to a 10% fee.
Cancellations made 45 to 89 days before the cruise departure date are subject to a 50% fee or the amount paid as a deposit.
Cancellations made 30 to 44 days prior to the cruise departure date will incur a 75% charge.
Cancellations made 0 to 29 days prior to the cruise departure date will incur a 100% charge.
Tours:
Cancellations made 30 days or more before departure: 10%.
Cancellations made 15 to 29 days before departure: 25%.
Cancellations made 7 to 14 days or more before departure: 35%.
Cancellations made 1 to 6 days before departure: 50%.
No show: 100% charge.
Electronic Payment Conditions:
The hours for making electronic payments for airline tickets and hotel reservations are from 6:00 AM to 11:59 PM (-5 GMT) Colombia time.
Our website accepts debit cards (PSE), credit cards, and Baloto payments. To guarantee your reservation and rate, you must make the payment online immediately. If you choose to pay in cash at a collection point, please note that the website will provide a link to make the payment. If payment is not made within the stipulated time, the reservation will be canceled and you will have to make a new quote.
Applicable jurisdiction:
These Terms and Conditions and any service or product sold in its capacity as an intermediary by Panamericana de Viajes, through its website www.elmejordestino.com, shall be governed by the laws and courts of the City of Bogotá, Colombia. The passenger and/or Customer declares that they are aware of the scope of this Agreement, whose Terms and Conditions are the faithful expression of their will, and submit to the jurisdiction of the Delegation for Jurisdictional Affairs of the Superintendency of Industry and Commerce in the event of non-compliance or interpretation, to resolve any differences that may arise and, if these persist, the passenger and/or or Customer agrees to submit to the jurisdiction of the laws and courts of the City of Bogotá, Colombia, waiving any other jurisdiction that may apply by reason of their present or future domicile, the location of their assets, or their nationality.
The customer declares that they are fully aware of and accept these conditions, which constitute the sole, complete, and exclusive agreement, superseding any other agreement or legal provision to the contrary, regarding the terms, conditions, and restrictions of the contracted services.
RIGHT OF WITHDRAWAL, CANCELLATION, AND REFUND OF PAYMENTS
WITHDRAWAL:
Law 1480 of 2011, Article 47 (Superintendency of Industry and Commerce):
This law applies to tourist packages, land portions, assistance cards, and any other service provided by the travel agency without exception.
In all contracts for the sale of goods and provision of services through financing systems granted by the producer or supplier, sale of timeshares, or sales that use non-traditional or distance methods, which by their nature should not be consumed or have not begun to be executed before five (5) days, the right of withdrawal by the consumer shall be understood to be agreed upon. In the event that the right of withdrawal is exercised, the contract shall be terminated and the money paid by the consumer shall be refunded.
The maximum term for exercising the right of withdrawal shall be five (05) business days from the delivery of the goods or the conclusion of the contract; in contracts for the provision of services, those whose provision has begun with the consumer’s agreement are exempt.
Once the right of withdrawal has been exercised, the supplier must refund the consumer all sums paid without making any deductions or withholdings for any reason. This refund must be made within thirty (30) calendar days from the moment the right was exercised.
NOTE: The administrative fee is non-refundable.
Resolution 01375 AEROCIVIL RAC 3 Section 3.10.1.8.2.:
These Regulations apply specifically to the provision of air transport services.
In contracts for the provision of passenger air transport services carried out through non-traditional or remote methods referred to in Decree 1499 of 2014, the right of withdrawal in favor of the ticket purchaser shall be understood to be agreed upon as follows:
- a) It may be exercised through any of the seller’s customer service channels within forty-eight (48) calendar hours following the purchase transaction.
- b) Only when exercised at least eight (08) calendar days prior to the scheduled departure date for domestic flights, or at least fifteen (15) calendar days prior to the scheduled departure date for international flights.
- c) When the ticket has been purchased through non-traditional or remote methods
The airline or travel agent that sold the ticket must refund the money to the passenger within a maximum period of thirty (30) calendar days from the date of notification of the withdrawal. If the passenger exercises the right of withdrawal before the travel agency that made the sale as an intermediary, the agency will refund the money once the airline makes the corresponding amount available to it, without prejudice to the thirty (30) day period described above.
The retention made to the passenger shall be in favor of the carrier… the amount retained may not exceed ten percent (10%) of the amount received as fare, excluding taxes, fees, and administrative charges.
WITHDRAWAL
Resolution 01375, Section 3.10.1.8.1.:
Applies to the provision of air transport services, regardless of whether the sale is made in person or remotely.
Passengers may withdraw from the trip before it begins by notifying the carrier or travel agency at least 24 hours before the flight.
In such cases, the carrier or travel agency, in accordance with the fare conditions, may retain the agreed percentage, which may not exceed 10% of the fare received, excluding taxes, fees, and administrative charges. The retention made from the passenger shall be in favor of the carrier.
The provisions of this section shall not apply in the case of promotional fares, unless offered by the carrier, in which case they shall apply in accordance with the conditions offered.
The airline or travel agency that sold the ticket shall instruct the financial institution to issue the corresponding refund within a period not exceeding five business days following the passenger’s request.
The airline or travel agency must refund the passenger within a maximum period of 30 calendar days from the date of notification of cancellation.
If the passenger cancels the trip and notifies the travel agent who sold the ticket as an intermediary, the travel agent will proceed to refund the money to the passenger once the airline makes the corresponding amount available, without prejudice to the thirty (30) day period described above.
PAYMENT REVERSAL
Decree 587 of 2016
Applies to all sales of products through e-commerce mechanisms
This regulation comes into effect on October 11, 2016, and applies when goods or services are purchased through e-commerce mechanisms (internet, PSE, Call Center, or any other telesales or virtual store mechanism), and a credit card, debit card, or any other payment instrument has been used for payment, and any of the following causes apply:
- a) When the consumer is the victim of fraud.
- b) When it is an unsolicited transaction.
- c) When the product is not received.
- d) When the product delivered does not correspond to what was requested, does not comply with the characteristics inherent or attributed in the information provided about it.
- e) When the product is defective.
In order for the reversal to take place, the consumer must file a complaint with the supplier within 5 business days of becoming aware of the alleged cause. They must indicate that the goods will be available for collection. Within the same period of 5 business days, they must notify the issuer of the payment instrument, sending proof that the complaint has been filed with the supplier.
The reversal will take effect within 15 business days.
For more information, please find the following regulations attached:
Law 1480 of 2011
Resolution 1375 of 2015
Decree 587 of 2016