This Is Cartagena Terms of Use

This Is Cartagena Website Terms, Conditions and Notices

Last updated: April 22, 2016

This Is Cartagena is a digital travel guide that enables its users to find and reserve the best accommodation and travel experiences in Cartagena, Colombia.Our team has handpicked the ultimate list of things to do, places to stay and happenings in Cartagena to help visitors get the best out of the city. This Is Cartagena offers a variety of accommodation options (“Accommodation” means any residential or other property listed on the Site that may be booked for a temporary stay), tours, tickets, travel experiences, restaurant reservations and other similar services (hereby defined as “products”) made available by This Is Cartagena’s third party suppliers through This Is Cartagena and its affiliates' websites, mobile properties and related applications (collectively, this “Website”).

This Website is provided to help customers in finding travel information, posting opinions of travel excursions, engaging in interactive travel forums, and searching for and making reservations for Products, and for no other purposes.

The terms “we”, “us”, “our” and “This Is Cartagena” refer to This Is Travel Guides, INC, a Delaware corporation and/or our affiliates, parent company, and subsidiaries. The term “user” “users” or “you” refers to the customer visiting the Website and/or contributing content on this Website.

This Website and the Products made available on this Website are offered to you conditioned upon your acceptance without modification of any/all the terms, conditions, and notices set forth below (collectively, the “Agreement”).

By accessing or using this Website in any manner, you agree to be bound by the Agreement and represent that you have read and understood its terms. Please read the Agreement carefully, as it contains information concerning your legal rights and limitations on these rights, as well as a section regarding applicable law and jurisdiction of disputes. If you do not accept all of these terms and conditions, please do not use this Website or book a Product. In all booking arrangements, the person making the booking shall be deemed to have accepted this Agreement on behalf of the persons named in the booking.

We may change or otherwise modify the Agreement in the future, and you understand and agree that your continued access or use of this Website after such change signifies your acceptance of the updated or modified Agreement. We will note the date that revisions were last made to the Agreement at the top of this page, and any revisions will take effect upon posting. Be sure to return to this page periodically to review the most current version of the Agreement.

 

Use of the Website

As a condition of your use of this Website, you warrant that (i) all information supplied by you on this Website is true, accurate, current and complete (ii) you are 13 years of age or older in order to register for an account and contribute to our Website. This Is Cartagena does not knowingly collect the information of anyone under the age of 13.

Your use of this Website is intended for personal, noncommercial use and/or to make legitimate requests to book the Products offered. You agree not to use this Website to make any speculative, false or fraudulent requests.

You further represent and warrant that you (a) have not previously been suspended by This Is Cartagena or otherwise banned from using the Website; (b) are not a direct competitor of This Is Cartagena; c) that you have full power and authority to enter into this Agreement and in doing so will not violate any other agreement to which you are a party.

We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.

In accessing or using the Website, you may be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. This Is Cartagena does not endorse such content, and cannot vouch for its accuracy. You therefore access and use the Website at your own risk.

 

Privacy Policy and Disclosures

This Is Cartagena believes in protecting your privacy. Please CLICK HERE to review our current Privacy Policy, which also governs your use of this Website, to understand our practices.

In certain circumstances we may disclose information about you to third parties if we determine, in our sole discretion, such disclosure is necessary (a) to protect This Is Cartagena´s systems, assets, employees, members and customers; (b) to ensure the integrity and operation of our business and systems; or (c) to comply with legitimate and enforceable governmental requests, subpoenas or court orders. We may choose to comply with or disregard such requests or orders in our sole discretion. This Is Cartagena´s right to disclose information, including but not limited to user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and posted content, shall take precedence over any conflicting terms in THIS IS CARTAGENA´S PRIVACY POLICY _ NEEDS A LINK TO THIS

 

Prohibited Activities

The content and information on this Website (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is proprietary to us. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, content, software, products, or services obtained from or through this Website. Any other use of This Is Cartagena content requires the prior written permission of This Is Cartagena (if you're interested in becoming a This Is Cartagena business partner, please click here for more information).

Additionally, you agree that you will not and will not assist or enable others to:

  1. use this Website or its contents for any commercial or unlawful purpose;
  2. access, monitor or copy any content or information of this Website using any robot; spider, scraper or other automated means or any manual process to access, scrape, index, retrieve or otherwise use the Website or any content on the Website for any purpose without our express written permission;
  3. violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
  4. take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure or makes excessive traffic demands on the Website;
  5. deep-link to any portion of this Website for any purpose without our express written permission;
  6. “frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorization;
  7. attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by This Is Cartagena in connection with the Website;
  8. use the Website to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another user's use of the Website;
  9. use the Website to submit or transmit spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;
  10. use the Website in a manner that may create a conflict of interest, such as trading reviews with other business owners or writing or soliciting reviews;
  11. use the Website to promote bigotry or discrimination against protected classes;
    use the Website to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
  12. use the Website to submit or transmit pornography or illegal content;
    use the site to solicit personal information from minors or to harm or threaten to cause harm to minors;
  13. attempt to gain unauthorized access to the Website, user accounts, computer systems or networks connected to the Website through hacking, password mining or any other means; use the Website to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, “Viruses”);
  14. use any device, software or routine that interferes with the proper working of the Website, or otherwise attempt to interfere with the proper working of the Website;
  15. use the Website to violate the security of any computer network, crack passwords or security encryption codes;
  16. disrupt or interfere with the security of, or otherwise cause harm to, the Website; or
  17. remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Website, features that prevent or restrict the use or copying of Website Content, or features that enforce limitations on the use of the Website.

 

Electronic Communications

When you use the Website, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically and agree that we may communicate with you in a variety of ways, such as by e-mail, in-app push notices, or by posting notices and messages on the Website. You may unsubscribe from e-mail communications at anytime by emailing unsubscribe@ticartagena.com.

 

 

Content

You and other users of our Website can contribute to the Website in a number of different ways, including submitting emails, writing reviews, making postings, uploading and posting photos or videos, making comments or suggestions, submitting ideas, filling out public profiles, rating other users' contributions and making other similar contributions or submissions to the Website or to This Is Cartagena (collectively, “Content”). We may use your Content in a number of different ways, including, among other things, displaying it on the Website, reformatting it, translating it into other languages, editing it for clarity and grammar, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites, mobile properties, applications, and media platforms.

Accordingly, please be aware that by submitting Content, you grant This Is Cartagena and its affiliates a worldwide, non-exclusive, royalty-free, fully paid-up, perpetual, transferable, irrevocable and fully sub-licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Content throughout the world in any media, now known or hereafter devised, for any purpose; and (b) use the name that you submit in connection with such Content. You acknowledge that This Is Cartagena can choose to provide attribution of your comments or reviews at our discretion. You further grant This Is Cartagena the right to pursue at law any person or entity that violates your or This Is Cartagena rights in the Content by a breach of this Agreement. You acknowledge and agree that Content is non-confidential and non-proprietary. If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by This Is Cartagena or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release This Is Cartagena, and its licensees, successors and assigns, from any claims that you could otherwise assert against This Is Cartagena by virtue of any such moral rights.

This Is Cartagena and its affiliates may display advertisements and other information adjacent to or included with your Content on the Website. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.

This Website may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews of travel experiences or other content, messages, materials or other items on this Website (“Interactive Areas”). If This Is Cartagena provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through this Website any of the following:

  • Any Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
  • Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission (SEC) or any rules of a securities exchange such as the New York Stock Exchange (NYSE), the American Stock Exchange or the NASDAQ;
  • Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
  • Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including This Is Cartagena;
  • Unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations;
  • Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
  • Viruses, corrupted data or other harmful, disruptive or destructive files;
  • Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
  • Content or links to content that, in the sole judgment of This Is Cartagena, (a) violates the previous subsections herein, (b) is objectionable, (c) restricts or inhibits any other person from using or enjoying the Interactive Areas or this Website, or (d) may expose This Is Cartagena or its affiliates or its users to any harm or liability of any type.

You alone are responsible for your Content. You assume all risks associated with your Content, including anyone's reliance on its accuracy, completeness or usefulness, or any disclosure by you of information in your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use, and authorize the use of, your Content as described herein. You may not imply that your Content is in any way sponsored or endorsed by This Is Cartagena.

This Is Cartagena takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is This Is Cartagena liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, This Is Cartagena is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other Interactive Area.

Although This Is Cartagena has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, This Is Cartagena reserves the right, and has absolute discretion, to remove, screen, translate or edit without notice any Content posted or stored on this Website at any time and for any reason, or to have such actions performed by third parties on its behalf, and you are solely responsible for creating backup copies of and replacing any Content you post or store on this Website at your sole cost and expense. This Is Cartagena has no obligation to retain or provide you with copies of your Content, nor do we guarantee any confidentiality with respect to your Content.

Any use of the Interactive Areas or other portions of this Website in violation of the foregoing violates the terms of this Agreement and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or this Website.

 

Products and Booking Reservations

By booking a reservation for a Product through the Website, you acknowledge that you accept the practices described in our Privacy Policy and this Agreement. In addition, you warrant that you are 18 years of age or older, that you possess the legal authority to enter into this Agreement, use this Website, book the Product, and that all information you supply is true and accurate. You further agree that you will use the booking functionality of this Website to make only legitimate reservations for you or others for whom you are legally authorized to act. Any false or fraudulent reservation is prohibited, and any user who attempts such a reservation may have his or her This Is Cartagena account terminated.

This Is Cartagena is not a travel agency and does not provide or own transportation services, accommodations, tours, excursions or other travel experiences. Although This Is Cartagena displays information about travel experiences offered by third-party suppliers and facilitates reservations those suppliers, such actions do not in any way imply, suggest, or constitute This Is Cartagena's responsibility for the services and products delivered by third-party suppliers. You agree that This Is Cartagena is not responsible for the accuracy or completeness of information it obtains from third-party suppliers and displays on its Website.

This Is Cartagena attempts to provide accurate descriptions of products and services on our Website. Certain products and services available on the Website may be recommended but this does not warrant, however, that the descriptions are accurate, complete, reliable, current or error-free.

If you book a reservation for accommodation or a travel experience through the Website, you agree to review and be bound by the supplier's terms and conditions and any other rules or policies related to the supplier's travel experience.

Your interactions with third-party suppliers are at your own risk. This Is Cartagena will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any third-party suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with third-party suppliers.

This Website may link you to supplier sites or other websites that This Is Cartagena does not operate or control.

 

 

Restaurant Reservations.

This Is Cartagena provides the Reservation Services to User for the purpose of assisting User in securing dining reservations at participating third-party restaurants (each, a “Restaurant”). In response to a User’s online request for a Restaurant reservation through our website, This Is Cartagena directly contacts the Restaurant’s for its database of reservations. The availability of reservations is determined at the time of User’s query. Once a reservation request is made by User through our website, This Is Cartagena will classify the request as “Pending Supplier” or “New”. The reservation has not been confirmed until you have received an email from us that “CONFIRMS” the reservation. We will provide confirmation of the reservation to User by email. If we are unable to “Confirm” your reservation for the time requested we will try and make a booking for the best available alternative. Our team will always use its discretion to do so. This reservation will be “confirmed” unless you choose to cancel the reservation. By using the Reservation Services, User agrees to receive reservation confirmations by email after booking a reservation through the Reservation Services. In the case that we are unable to confirm your original request we will send you suggestions of other similar restaurants. By using the Reservation Services, User agrees to receive alternative suggestions to the original request.

Table Reservation No-Show Policy. This Is Cartagena is committed to providing superior quality services to Users and Restaurants. To assist us in maintaining a consistently high level of service for the Restaurants and their patrons, Users must cancel any reservations that they will be unable to honor at least 30 minutes in advance of the reservation. You may cancel your reservation by calling the Restaurant directly or contacting our Customer Services Team. Some Restaurants may require a debit or credit card number to finalize your reservation. In order to use the Reservation Services for these Restaurants, you must provide valid debit or credit card information, and you may be required to cancel your reservation in accordance with the Restaurant’s cancellation policy, which will be disclosed at the time the reservation is made. This Is Cartagena uses this debit or credit card information as described in our privacy policy and shall have no liability for any charges made to the debit or credit card account for any failure to cancel your reservation in accordance with a Restaurant’s cancellation policy.

If you are unable to keep your reservation and you fail to cancel at least 30 minutes in advance of the reservation, This Is Cartagena will send you an email letting you know that our records indicate that you were a no-show. By using the Reservation Services, User agrees to receive no-show notifications by email after a report that your reservation was not honored, whether or not that was in fact the case. Your access to our table reservations system will be terminated if you are a no-show for two reservations within a 12-month period. User agrees that all final no-show determinations will be made by This Is Cartagena in its sole discretion.

 

Boat Rental

For boat rentals, This Is Cartagena acts as a venue for users of the Website as renters ("Renters") and boat owners and tour operators. This Is Cartagena is not a party to any actual agreement or transaction between renters and our business partners even though we may from time to time provide tools that relate to a booking, such as a tool to enable a Renter to enter into a transaction to rent a specific boat directly from one of our business partners.

As a result, This Is Cartagena has no control over the accuracy or correctness of the content or information provided or used by users. Any part of an actual or potential transaction between a Renter and a Member, including the quality, safety or legality of the properties advertised, the truth or accuracy of the listings (including the content thereof or any property review), the ability of business partners to rent a boat to a Renter or the ability of Renters to pay for boat rentals are solely the responsibility of each user.

We are also not responsible for the condition of any boats featured on the Website or the compliance with laws, rules or regulations that may be applicable to boat operation or maintenance in any jurisdiction. Renters should satisfy themselves that any boat rented complies with any legal requirements for such rental, and Renters and tour operators have exclusive responsibility for such compliance.

Separate Agreements. You acknowledge and agree that you will be required to enter into a separate agreement and/or waiver, with a tour operator, prior to making a booking or purchasing a product or service and such agreement and/or waiver may place additional restrictions on your booking, product, or service. Any separate agreements and/or waivers relating to the rental of a boat or related products or services are under the sole control of any tour operator or provider and you.

Release and Indemnity. In the event of a dispute between a Renter and a tour operator arising from such separate agreements or transactions, you hereby release and hold This Is Cartagena and its directors, officers, agents and employees harmless from any claims, costs, demands and damages (actual and consequential) of every kind and nature including without limitation reasonable attorneys' fees, known and unknown, arising out of or in any way connected with such disputes.

  1.  This Is Cartagena is not a party to any contract for insurance facilitated through any link to a third party insurance provider advertising on the Website, and is not acting on behalf of any insurer, any broker or agent, any insured or any claimant in any contract for insurance facilitated through such link. This Is Cartagena, agent or consultant in the sale of insurance, is not endorsing or recommending any particular insurer or terms of coverage, and is merely providing a link for you, if you wish, to transact a contract for insurance where included. Any contract for insurance is solely between you, as the insured, and such insurer as you agree shall act as the insurer. You acknowledge and agree that This Is Cartagena assumes no responsibility or liability for any claims or disputes arising from, or related to, a contract for insurance facilitated through such link. You also acknowledge and agree that This Is Cartagena shall not be included as a party to any such claims or disputes.

 

Accommodation Pricing Information

This Is Cartagena pre-negotiates certain rates with service providers to facilitate the booking reservations on your behalf. This Is Cartagena retains service fees as compensation for facilitating reservations, which vary according to the amount and type of reservation booked through This Is Cartagena. The rates displayed on our Wesbite reflect This Is Cartagena’s pre-negotiated rates, which include the fees retained by This Is Cartagena. 
This Is Cartagena strives to provide accurate pricing information regarding the products and services available on our Website. We cannot, however, insure against pricing errors or pricing changes. This Is Cartagena reserves the right, at its sole discretion, to cancel or not process any bookings placed for a product or service whose price was (1) incorrectly provided as a result of an error, or (2) changed by the service provider. If this occurs, This Is Cartagena will notify you by email and correct the pricing on the website.
If additional charges apply to your booking (including but not limited to the addition of an extra traveler, resort fees or other taxes or incidentals), which charges you do not pay at the time of checkout on our Website, you will be responsible for paying these charges directly to the service provider. 
This Is Cartagena does not guarantee that it offers best available rates for products and services available on our Website.

 

Modifying or Amending Your Booking

All requests for modifications and amendments to your booking must be directed to the This Is Cartagena Customer Care Team (click here to submit a "Date Amendment" request on an existing booking) who will process the request. See the section “Payment & Cancellations” below for additional information with respect to cancelling a booking.

  • This Is Cartagena does not charge a fee to amend or change the dates of an existing booking for one of the tours & experiences listed on our Website, as long as the request is received by our Customer Care team more than three (3) days ahead of your confirmed travel date.
  • It is not possible to change or modify a special event, theater or show ticket. Sales of these tickets are final and cannot be amended once your original purchase is confirmed.
  • It is not possible to change or modify a non-refundable booking for accommodation products. Sales of these products are final and cannot be amended once your original purchase is confirmed. Unless otherwise stated in the product or service description, once the service provider has accepted your offer to purchase a hotel stay, vacation or package, all sales on our Website and those of the service provider(s) are final, non-refundable and may not be altered, and cancellation will result in the forfeiture of the entire amount you have paid for the product or service. If alterations or cancellations are available from the hotel or property supplier, you may be subject to a charge as per the supplier's own terms and conditions.
  • While most accommodation bookings made through our Website have either a 100% non-cancellable/non-refundable policy or a 50% non-refundable deposit, if you wish to make a change to your booking of a product or service with a hotel or property supplier, then the service provider has the right, in its discretion, to assist you in your attempts to alter or cancel a booking, but can give no guarantee that such attempts will be successful. The service provider will not be held liable for any applicable charges that you may need to pay in order to give effect to any such alteration or cancellation, if available.
  • Please note that if a hotel or property supplier's separate terms and conditions, located on its own website or otherwise, include provisions relating to changes and cancellations of bookings, such terms shall not be binding on the supplier when bookings are made for products or services featured on the service provider’s website. This is because of the pre-negotiated rates that the service provider has managed to secure with the supplier, which is generally on the basis that the booking is final and cannot be changed. Therefore, you should be aware that any such cancellation or alteration terms or provisions relating to products or services booked through the service provider’s website would be deemed as non-cancellable and non-refundable, unless otherwise expressly stated, or unless the supplier has agreed to this in writing.
  • All modifications to table reservations should be communicated directly to the Restaurant. This Is Cartagena’s Customer Services team is happy to help amend table reservations and will do so on the first request when the requests have been made with more than 3 days notice. All subsequent requests will only be undertaken after the User has paid a USD$25 concierge fee. This Is Cartagena shall not be responsible for any amendments to table reservations made with less than 3-days notice. Last minute changes should be made directly with the Restaurant.
  • Some Restaurants may require a debit or credit card number to finalize reservations for fixed menus or tasting menus promoted by This Is Cartagena. In order to use the Reservation Services for these products, you must provide valid debit or credit card information, and you may be required to modify your reservation in accordance with the Restaurant’s cancellation and changes policy, which will be disclosed at the time the reservation is made. This Is Cartagena uses this debit or credit card information as described in our privacy policy and shall have no liability for any charges made to the debit or credit card account for any failure to modify your reservation in accordance with a Restaurant’s specific policy.
  • All date-change requests and amendments are subject to availability by our suppliers and/or service providers; This Is Cartagena cannot guarantee the success of any date-change request.
  • If you request a date change within three (3) days or less of your confirmed travel date, This Is Cartagena will attempt to honor your request. However changes made three days or less from your original travel date may be subject to an additional fee. For multi-day and overnight tours and overnight stays, date changes made within seven (7) days of your confirmed travel date may also be subject to additional fees.
  • If you make a purchase using a This Is Cartagena promotion code, or if you accept a discount or special-offer price during the This Is Cartagena checkout process, you may invalidate your discount or special-offer price by making any changes or amendments to your itinerary once your purchase is complete. This Is Cartagena may decide, at its sole discretion, to honor your discount or special-offer pricing if you make a post-purchase change or amendment to your itinerary. However This Is Cartagena reserves the right to invalidate your discount or special-offer pricing if you make any changes to your confirmed itinerary.

Occasionally our suppliers and/or service providers make changes to tour dates, prices, inclusions, coverage, age requirements, and other Product features and/or requirements. As a result, This Is Cartagena reserves the right to cancel, change or substitute any service, tour, ticket or product that you have booked at this Website, at any time, for any reason. In such cases, if you are dissatisfied with the alternatives offered, you are entitled to a full refund of the original purchase price. Notwithstanding the above, when we are informed in advance by our agents, service providers and/or suppliers of a significant change to a booking and/or to a tour, product or event, we make every reasonable effort to notify the consumer, travel agent and/or distributor as appropriate, in order to amend or re-issue the booking where feasible.

For cruise passengers we will arrange the necessary transport to the next port-of-call if you are not returned to the ship in time to board. This policy applies only to our contracted local suppliers and only when, through no fault or action of your own, you are not returned to the ship in time to board. The policy is void in instances where delay is caused by your own actions and/or you have deviated from the This Is Cartagena activity or tour. You must supply This Is Cartagena with correct arrival and departure ship information and ensure there is enough time (minimum 2 hours) between the tour end time and the ship departure time. You must contact This Is Cartagena directly to request next port-of-call transportation arrangements as customers cannot book their own travel. This Is Cartagena will select and book travel for you to the next port of call (not to exceed US$1,000 per person). In addition, if your ship misses a port of call or is delayed beyond the commencement time of your shore excursion, simply contact This Is Cartagena within 14 days. Pending verification of the ship's actual itinerary, we will issue you a refund. This Is Cartagena´sshore excursion guarantee does not apply to excursions with private tour guides.

Changes by Hotel, Property and Boat Rental Suppliers

Occasionally, we have to notify you of a "significant change" that a supplier may make to a product or service. A significant change is a change made before the commencement of your vacation which, taking account of the information given to the service provider at the time of booking and which we can reasonably be expected to know, we can reasonably expect to have a major effect on your stay. In the unlikely event of the supplier cancelling or amending your booking after the booking has been made, the service provider will inform you as soon as possible (provided that they have been informed by the supplier). In respect to any significant change, if there is time to do so before departure, the service provider will seek permission from the supplier to offer you one of the following options (depending on the nature of the product or service you have booked):

  1. accepting the changed arrangements; or
  2. for hotel only reservations, a choice of accepting an offered alternative or cancelling your reservation with a full refund of monies paid. In the case of no alternative being available from the supplier, the supplier may instruct the service provider to cancel and give a full refund; or
  3. purchasing an alternative package from the supplier, of a similar standard to that originally booked, if available. You must pay the applicable price of any such package. This will mean you paying more if it is more expensive or receiving a partial refund if it is cheaper; or
  4. cancelling or accepting the cancellation, in which case you will receive a full refund of all monies you have paid to the relevant supplier.

Please note: The above options are generally not available for minor changes. Changes to check-in time, check-out time and room type (upgrades) generally qualify as minor changes. When cancellations or changes do occur, neither This Is Cartagena nor the service provider will be held liable for extra costs incurred, for example, for travel expenses, or other accommodations.

Pricing & Inclusions/Exclusions

Prices listed on the Website are per person, unless otherwise specified.

Prices are based on the local tariff at the time of quoting, converted at the prevailing foreign-exchange rate as determined by This Is Cartagena. Price quotations are subject to change without notice, until a booking has been confirmed.

Unless otherwise specified, prices do not include credit card fees, local taxes or use-fees, including foreign departure, security, port charges, park fees, customs, immigration, agricultural, passenger-facility charges or international transportation tax.

Prices do not include tips/gratuities to tour directors, drivers or local guides; passport and visa fees; baggage and personal insurance; any items of a personal nature; taxes or duties; and any beverages or food not specifically included on the product pages of the Website.

Incidentals

This Is Cartagena accommodation bookings do not include any incidental charges expenses or services, except as specifically outlined in the product description. You are liable for any such incidental charges, expenses or services that you incur or consume during your trip.

Payments & Cancellations

When you book a reservation for a Product through the Website, This Is Cartagena collects your payment information and processes your payment as described below under “Payment Processing”. This Is Cartagena accepts the following credit cards: Mastercard, Visa, American Express, Discover. This Is Cartagena charges a 3% service fee for processing credit or debit card payments. Full payment by credit or debit card is required to make a reservation. Payment will be listed as This Is Travel Guides on the credit or debit card statement.

No refunds are available once a tour or travel experience or service has commenced, or in respect of any package, accommodation, meals or any other services utilized.

Canceling a booking with This Is Cartagena can result in cancellation fees being applied by This Is Cartagena, as outlined below. Additional fees may be levied by the third-party supplier or tour operator (see your This Is Cartagena Voucher for specific details). When canceling any booking you will be notified via email or telephone of the total cancellation fees.

  1. Event, Attraction, Theater, Show or Coupon Ticket
    These are non-refundable in all circumstances.
  2. Accommodation Products

Non-refundable hotel products are non-refundable in all circumstances.

Other accommodation products including colonial & luxury houses require a 50% deposit that is non-refundable in the case of cancellation by the user.

  1. Other Tour Products & Services
    If you cancel at least 7 calendar days in advance, there is no cancellation fee.
    If you cancel between 3 and 6 calendar days in advance, you will be charged a 50% cancellation fee.
    If you cancel within 2 calendar days in advance, you will be charged a 100% cancellation fee.
  2. Table Reservations

Some Restaurants may require a debit or credit card number to finalize reservations during particularly busy sessions or for fixed menus or tasting menus promoted by This Is Cartagena. In order to use the Reservation Services for these products, you must provide valid debit or credit card information, and you may be required to cancel your reservation in accordance with the Restaurant’s cancellation policy, which will be disclosed at the time the reservation is made. This Is Cartagena uses this debit or credit card information as described in our privacy policy and shall have no liability for any charges made to the debit or credit card account for any failure to cancel your reservation in accordance with a Restaurant’s cancellation policy.

 

Cancellations by Suppliers

In the rare cases that a supplier cancels your booking after your purchase of a hotel stay, vacation or package, you will be notified by the supplier, or This Is Cartagena acting on its behalf. This Is Cartagena is not responsible for costs associated with a cancellation by the supplier. We recommend that you purchase travel insurance to cover against cancellations.

Taxes and Fees

The value of the transaction may be subject to taxes, duties, foreign transaction, currency exchange or other fees. Your bank or credit or debit card company may convert the payment into the local currency and charge fees, resulting in differences between the amount displayed on This Is Cartagena and This Is Cartagena-affiliated websites, and the final amount charged to your bank account or credit or debit card statement. Please contact your bank or card company if you have any questions concerning any applicable conversion or fees.

Payment Processing

In order to use the Payment Services, you must provide account information for at least one valid debit or credit card through or to the This Is Cartagena Application. This Is Cartagena uses this debit or credit card account information as described in our privacy policy. If you provide account information for a debit or credit card to This Is Cartagena via a third party, your provision of such debit or credit card shall also be subject to the terms and conditions specified by such third party. This Is Cartagena takes no responsibility and assumes no liability for any actions or omissions of such third party.

To the extent permitted by applicable law and subject to our privacy policy, you acknowledge and agree that we may use certain third-party vendors and service providers to process payments, manage debit and credit card information and detect and prevent fraud.

By providing debit or credit card account information through or to the This Is Cartagena Application, you represent, warrant, and covenant that: (1) you are legally authorized to provide such information to us; (2) you are legally authorized to perform payments from the debit or credit card account(s); and (3) such action does not violate the terms and conditions applicable to your use of such debit or credit card account(s) or applicable law. When you authorize a payment using a debit or credit card account via the This Is Cartagena Application, you represent, warrant, and covenant that there are sufficient funds or credit available to complete a payment using the debit or credit card account.

Under this agreement, the payment processing services for services purchased on this website are provided by Stripe or PayPal on behalf of This Is Travel Guides, INC, depending on the type of payment method used for the purchase of services.

 

Private Tour Guides

This Is Cartagena provides customers with information regarding private tour guides in Cartagena and other destinations. Private tour guides are independent contractors and not agents or affiliates of This Is Cartagena. This Is Cartagena tries to select only the best guides in Cartagena but we do not screen or conduct background checks on all of these private tour guides. Your use of private tour guides is at your sole risk.

Customers are responsible for working directly with private tour guides on scheduling, meeting time / place, tour specifics and, where specifically noted, payment terms. This Is Cartagena makes no representations or warranties of any kind regarding private tour guides or their services.

Insurance

Given the nature of travel services, we recommend that you obtain independent insurance to provide adequate cover for medical expenses, personal accident, loss of baggage and curtailment or cancellation of your trip. Please note that such insurance is not included with your purchase on This Is Cartagena unless you separately purchase such insurance on the This Is Cartagena sites (where available).

This Is Cartagena Voucher

You will receive a personalized This Is Cartagena voucher (“Voucher”) for each tour, event, table reservation or service booked. This voucher will be issued by our distributor – Rezdy.com. In order to access and print your This Is Cartagena Voucher(s), you will be sent an email containing your This Is Cartagena Voucher(s).

You must provide the original, authentic This Is Cartagena Voucher to the appropriate service provider in order to redeem your tour, ticket, or package. Your reservation cannot be honored or redeemed without presenting a valid This Is Cartagena Voucher.

For security purposes, when redeeming your This Is Cartagena Voucher you must present a valid Photo ID with a digital or printed version of your This Is Cartagena voucher. This is for identification purposes and helps us to prevent fraud.

In some cases, This Is Cartagena also requires that you present the credit or debit card used to purchase your accommodation, tour, ticket, table reservation or travel experience at the time of redemption. This generally applies only to attraction and show tickets. This helps us to prevent credit-card misuse. You will be advised at checkout whether or not you must present the credit or debit card used for booking. In some cases, This Is Cartagena will waive this requirement, generally to facilitate gift purchases. However this requirement can only be waived by contacting This Is Cartagena Customer Care team once your booking has been confirmed, and any changes or amendments will be made at This Is Cartagena´s sole discretion.

Please note that your This Is Cartagena Voucher(s) can be confiscated - and immediately canceled without refund - if your signature and/or name do not match those shown on either your credit or debit card or Gift Certificate.

 

 

33. Liability Limitations. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THIS IS CARTAGENA BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS, OR DIRECT DAMAGES OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHICH ARISE OUT OF OR ARE ANY WAY CONNECTED WITH (1) THIS AGREEMENT, (2) ANY USE OF THE SERVICES, THIS IS CARTAGENA CONTENT, OR THE USER CONTENT, (3) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF THE RESERVATION SERVICES OR PAYMENT SERVICES), OR (4) YOUR VISIT TO ANY RESTAURANT; TRAVEL EXPERIENCE, ACCOMMODATION OR THE PERFORMANCE, NON-PERFORMANCE, CONDUCT, OR POLICIES OF ANY RESTAURANT, THIRD-PARTY TOUR OPERATOR, ACCOMMODATION OWNER, OR MERCHANT IN CONNECTION WITH THE SERVICES OR PRODUCTS PURCHASED ON OUR WEBSITE. IN ADDITION, YOU SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD PARTY DIRECTING YOU TO THIS IS CARTAGENA SITE BY REFERRAL, LINK, OR ANY OTHER MEANS IS NOT LIABLE TO USER FOR ANY REASON WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE SERVICES OR THIS IS CARTAGENA CONTENT. THIS IS CARTAGENA IS NEITHER AN AGENT OF NOR OTHERWISE ASSOCIATED WITH ANY RESTAURANT, ACCOMMODATION, TOUR OPERATOR, FOR WHICH A USER HAS MADE A RESERVATION OR PAID A BILL USING THE PAYMENT SERVICES OR ANY MERCHANT THAT ISSUES A MERCHANT GIFT CARD.

You and This Is Cartagena understand and agree that the disclaimers, exclusions, and limitations in this Section 33 and in Section 34 are essential elements of this Agreement and that they represent a reasonable allocation of risk. In particular, you understand that This Is Cartagena would be unable to make the Services available to you except on these terms and agree that this Agreement will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.

 

Disclaimer of Warranties. THE SERVICES, ALL THIS IS CARTAGENA CONTENT, AND ANY OTHER INFORMATION, PRODUCTS, AND MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICES, ARE PROVIDED TO USER ON AN “AS IS” BASIS AND WITHOUT WARRANTY OF ANY KIND. THIS IS CARTAGENA EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, OR INDEMNITIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. THIS IS CARTAGENA DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THIS IS CARTAGENA WILL REVIEW THE INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SERVICES FOR ACCURACY OR THAT IT WILL PRESERVE OR MAINTAIN ANY SUCH INFORMATION OR MATERIALS WITHOUT LOSS. THIS IS CARTAGENA SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES, OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF THIS IS CARTAGENA.

THE FOREGOING DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

Links to Third-Party Websites. The Services may contain hypertext links to websites operated by parties other than This Is Cartagena. Such hypertext links are provided for User’s reference only, and This Is Cartagena does not control such websites and is not responsible for their content. This Is Cartagena’s inclusion of any hypertext links to such websites does not imply any endorsement of the material on such websites or any association with their operators. This Is Cartagena assumes no liability whatsoever for any such third-party websites or any content, features, products, or services made available through such third-party websites

 

Release. Restaurants and Merchants are solely responsible for their interactions with you and any and all claims, injuries, illnesses, damages, liabilities, and costs (“Claims”) suffered by you as a result of your (or such recipient’s) interaction with or visit to any Restaurant or Merchant or from any product or service of any Restaurant, Tour Operator, Accommodation Owner or Merchant. You hereby release the This Is Cartagena Parties from any and all such Claims. IN CONNECTION WITH THE FOREGOING, IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” You hereby expressly waive and relinquish all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to the release of any unknown or unsuspected claims you may have against the This Is Cartagena Parties pertaining to the subject matter of this Section

Notify Us of Infringers. If you believe any of the Services violate your copyright, notify our copyright agent in writing. The contact information for our copyright agent is at the bottom of this Section.

In order for us to take action, you must do the following in your notice:

(a) provide your physical or electronic signature;

(b) identify the copyrighted work that you believe is being infringed;

(c) identify the item that you think is infringing your work and include sufficient information about where the material is located so that we can find it;

(d) provide us with a way to contact you, such as your address, telephone number, or email;

(e) provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, its agent, or the law to be used in connection with the Services; and

(f) provide a statement that the information you provide in your notice is accurate, and that (under penalty of perjury) you are authorized to act on behalf of the copyright owner whose work is being infringed.

Here is the contact information for our copyright agent:

Copyright Enforcement

This Is Travel Guides, INC.

12030 SW 129TH CT, Suite 208

Miami

FL 33186-4584

info@ticartagena.com

Again, we cannot take action unless you give us all the required information.