CODE OF CONDUCT (LAW 1336 OF 2009)
With the objective of counterfeiting child labor and child and adolescent sexual exploitation in traveling and tourism, TRAVEX SAS and its registered trademarks TRAVEXTM and SHIFTTM have established a Code of Conduct by which its legal representative, directors, administrators, employees and contractors affiliated to the delivery of touristic services have to comply with the purpose of making effective the obligations contemplated in the Articles 16 and 17 of the Law 679 of 2001, as well as with the purpose of preventing any conduct typified in the Article 19 of the same law. Thereby we have implemented the following control measures:
- We refrain from offering in any of our programs, explicitly or surreptitiously, plans or activities that correspond or promote child and adolescent labor and sexual exploitation.
- We refrain from providing information to travelers and any of our customers, directly or through a third party about places where there is any practice of sexual and/or commercial exploitation of children and adolescents.
- We refrain to conduct travelers, directly or through a third party to establishments and/or places where child and adolescent sexual and/or commercial exploitation is undertaken, as well as conduct any exploited child or adolescent to the place/s where the traveler/s are/is staying, even if it is in localized places in high seas.
- We refrain to facilitate any vehicles on touristic routes with child and adolescent sexual and labor exploitation.
- We forbid the entrance of children and adolescent with the purpose of exploitation or sexual abuse to hotels and any other accommodation venue, bars, restaurants, similar businesses and any venues which offer touristic services utilized by TRAVEX SAS and any of its brands.
- We adopt the necessary measures to prevent that any staff members or personnel involved to any position in TRAVEX SAS, offers touristic services that allow and/or promote child and adolescent labor, exploitation and/or sexual activity.
- We protect national and foreign children and adolescents from any and every way of exploitation and sexual violence originated by national and international travelers.
- We will report to the Ministry of Commerce, Industry and Tourism, as well as the competent authorities any actions that we may encounter by any media, as well as the suspicion of anything related to the sexual and labor exploitation of children and adolescents and we will ensure that TRAVEX SAS has the necessary channels of information to report these events to the competent authorities.
- We designed and promote inside TRAVEX SAS and with our suppliers of products and services, a policy in which we establish measures to prevent and counter any and every form of exploitation and sexual abuse to children and adolescents in traveling and tourism.
- We appropriately train all the personnel involved in TRAVEX SAS, as well as all of the suppliers that for the nature of their activities have any contact with travelers, regarding the topic of prevention of child and adolescent sexual and/or commercial exploitation.
- We inform all of our travelers and customers about the legal consequences in Colombia regarding child and adolescent sexual and/or commercial exploitation.
- We fixate in a public and visible place of the commercial establishment the present Code of Conduct and other related commitments with the purpose of protecting children and adolescents.
Failure to comply with this Code of Conduct may result in administrative penalties established in the Article 71 of the Law 300 of 1996 and Law 679/2001 Article 19 and 20, without any prejudice of the penal penalties stipulated in the Law 599 of 2000. You may report any occurrence to www.teprotejo.org. Provided by the POLICE OF TOURISM. Ph: 6530202 e-mail: firstname.lastname@example.org in its preventive campaign NO TO SEXUAL EXPLOTATION OF CHILDREN AND ADOLESCENTS.
TERMS AND CONDITIONS
Description of the Document:
The present document constitutes a Framework Contract, through which the regulation of the service provision contract from TRAVEX SAS (Trademark SHIFT) is stated for its TAKERS and that in all cases will integrate to the offers included in the website WWW.INTOTHESHIFT.COM. In consequence, by this document are established the general conditions of the execution of provided and contracted services by the TAKERS that are specified in the offers selected by them.
- SHIFT – OPERATOR AGENCY AND TRAVEL AGENCY
TRAVEX SAS, from here on SHIFT, registered trademark before the Superintendence of Commerce, is a society legally constituted in Colombia with identification numbers NIT 901097924-5 and RNT 63447. It has as main objective to create, develop, commercialize, organize and promote touristic activities which will be operated by the same society; operates within the country touristic plans and activities programmed by national and international travel agencies, and provides guiding services and specialized equipment when required by the activities. It also organizes, promotes and commercializes national touristic plans for these to be operated by the same society or by a different operating agency. The company mentioned operates expeditions and nature and adventure trips in Colombia (hereby referred to as EXPEDITION or TRIP), directing its offers to both national and foreign clients – TAKERS –.
- AGREEMENT OF TERMS AND CONDITIONS BY THE TAKER
By accessing the website and/or any of the services offered by SHIFT it will be considered that the TAKER has full acknowledgement of the content of the offers made by SHIFT and that he/she is aware and well informed of the conditions of time, method and place of each of them at the time of requesting a service. In case of doubt, the TAKER should contact SHIFT prior to acquiring any service, to the email email@example.com as once the service has been booked this will not be cancellable or modified unless the exceptions dictated below in this document are applicable. Once accepted the service provision by SHIFT, it would be corresponding to it, in an exclusive manner, to interpret the content of the offers presented on the website with the support of clarifying communications sent at any time to the respective TAKER. In every case, the TAKER declares to accept expressly any contract by which SHIFT decides to regulate these terms and conditions.
Entry, registration, reservation and purchase through SHIFT´s website WWW.INTOTHESHIFT.COM will be understood as an implicit agreement to these terms and conditions.
Through the acceptance of these terms and conditions, it is presumed that the TAKER is fully aware of the level of risk involved in the activities offered by SHIFT and that these are freely agreed to by the TAKER, who assumes full responsibility over any harm or damage that is caused on him/herself or to a third party during the execution of such activities.
- REQUISITES TO BE COMPLIED BY THE TAKER OF THE SERVICE
The TAKERS that are not of legal age must be accompanied by his/her parents or legal representatives, who will sign all of the documents in his/her name or for a responsible adult duly authorized in writing by the guardian.
Nonetheless, SHIFT will demand to the TAKER the presentation of information through the medical history document that the TAKER will fill out prior to any TRIP OR EXPEDITION and from certain documents to accredit his/her medical condition and capacity to undertake the services. It will correspond to the TAKER to present to SHIFT any additional information that to his/her judgement is relevant to assess and approve the totality of his/her capacities and the possibility of interference of any relevant medical condition with the service.
SHIFT declares that the only source of information that it will have access to, will be provided exclusively by the TAKER which shall be presumed as truthful, complete and accurate at all times. The lack of truthful, complete and accurate information shall be considered as grounds for exclusion of SHIFT´s liability.
The TAKER that hires a service or trip with SHIFT must hold a medical insurance that can cover expenses for illness, accident or any other situation that may be presented during the delivery of the service. SHIFT will demand that the TAKER holds the insurance. At the time of contracting a service with SHIFT it is understood that the TAKER holds such insurance, with validity and coverage sufficient to attend to any situation that may be presented during the development of the service.
- SERVICES OFFERED THROUGH THE WEBSITE WWW.INTOTHESHIFT.COM OFFER THE TAKER THE FOLLOWING:
- Services commercialized and operated exclusively by SHIFT; ii. Services commercialized by SHIFT but operated by an affiliated THIRD OPERATING PARTY; iii. Services commercialized and operated by a THIRD OPERATING PARTY, where SHIFT will act as commercial agent and will collaborate with the TAKER in all of the associated procedures before the THIRD PARTY; and iv. Services commercialized by SHIFT and operated by SHIFT in conjunction with THIRD PARTY OPERATORS.
To access any of the services stated above, the TAKER shall request to SHIFT the service of his/her selection through the completion and send out of the documents of service request presented by SHIFT in its website or by email, phone call or any communication media that will allow SHIFT to know the desired service of the TAKER. However, regardless of the trips designed by SHIFT, the TAKER may be able to design his/her trip according to his/her preferences.
For purposes of the present document, the TAKER and SHIFT shall consider two kinds of offers:
- TYPE OFFERS: Are the services offered by SHIFT through its website, by which the TAKER fully and expressly accepts the content and conditions thereby stated.
- ADJUSTED OFFERS – BESPOKE TRIPS: Are the offers designed particularly by SHIFT for an interested TAKER that exceed, modify or complement the Type Offers.
- SERVICES RESERVATION
To make a reservation for any trip, activity or expedition the TAKER must fill out and send the “RESERVATION FORMAT” and /or other “FORMATS” presented by SHIFT on its website and must make an initial payment in accordance with SHIFT, that for all legal effects will be considered as service orders in SHIFTs favor.
It will be understood as completed the reservation of the service taken by the TAKER, solely, once SHIFT has approved the service request remitted by the TAKER and an initial payment has been made. SHIFT reserves itself the right of not accepting the service order of TAKERS who do not comply with the mandatory requisites stated by the company or when the service requested by the TAKER exceeds in any way the capacities of SHIFT.
5.1. CANCELLATION OR RE-PLANIFICATION OF THE SERVICE FROM THE TAKER´S END
In case of having a modification or cancellation of the reservation conducted by the TAKER in place, SHIFT will apply the cancellation rules determined for each of its services which will be stated within the Type or the Adjusted Offer. In case that the cancellation policies are not within the offer, the following rules shall be applied as an alternative:
(i) If the cancellation of the service is requested within a period of more than or the same as THIRTY (30) calendar days before the initial date of the service, there will be a sanction applied to the TAKER equivalent to the FIFTY PERCENT (50%) of the value paid to the date; (ii) If the TAKER cancels the service between the day 29 and 15 prior to the starting date of the service, the TAKER will be reimbursed 30% of the total value of the service; (iii) If the TAKER cancels the service between days 14 and 0 prior to the starting date of the service, he/she will forfeit ONE HUNDRED PERCENT (100%) of the paid value for the service; (iv) If the TAKER cancels the service during the course of it he/she will lose ONE HUNDRED PERCENT (100%) of the paid value for the service. (v) SHIFT is not obliged to reimburse the TAKER for any amount in the case of no-show of the TAKER at the agreed time and location for causes or reasons beyond the control of the company (e.g. delayed, cancelled or missed flights, illness, roadworks and derived delays or any other situation that forbids the TAKER to physically arrive to the departing location or at the time formerly agreed). Notwithstanding the above, SHIFT reserves itself the option of reimbursing whatever it considers, however, it is not obliged in case of cancellation of the trip by the TAKER that is due to personal situations or reasons beyond his/her or the company’s control. It is advised to constitute cancellation policies of the service. (vi)If the TAKER cancels the service with more or equal to 30 days prior to the starting date of the service and he/she desires to postpone the date of the service, he/she may utilize the reservation for another service at any other time, without forfeiting the deposit. The new reservation will be subjected to the availability and conditions given by SHIFT. (vii) SHIFT will endeavor to maintain the deposit specified on the statement above, for cancellations that take place between 29 and 5 days prior to the starting date of the trip; however, it will not be obliged to do so.
5.2. CANCELLATION AND/OR MODIFICATIONS OF THE TRIPS FROM SHIFT´S PART BEFORE THE STARTING DATE AGREED
(i) When the services provided by SHIFT are subject to a minimum amount of participants and this has been communicated as such to the TAKER, if EIGHT (8) days prior to the starting day of the service there has not been confirmation of the minimum amount of reservations required for the development of the service, SHIFT shall proceed to cancel the provision and execution of the service. In this case, SHIFT will inform the TAKER and will reimburse 100% of the value paid. Notwithstanding the previously stated, SHIFT may offer the TAKER(S) the option of making an additional payment to compensate for the low number of participants subscribed to the service for the development of it according to initial planning. If there is no agreement amongst all TAKERS to make the additional payment, a new reservation with a different service can be made by SHIFT allocating the value paid for the initial reservation to the new one or alternatively allowing the reimbursement of the 100% of the value paid. SHIFT will not be responsible for any costs priory assumed by the TAKER such as accommodation payments, flights, transportation tickets, etc. Withstanding the previous, it is recommended by SHIFT to acquire a travel insurance policy with a third party. (iii) Before a situation is considered as force majeure or as a fortuitous event by action of a third party or by inadequate use of the client, SHIFT can modify the conditions that were offered initially or may cancel any of the trips or activities offered (before or during the service). (iv) SHIFT may modify in any way the public offers presented on the website, without previous notice, in the event(s) that situations foreign to its willingness and capacity may demand it, such as, sudden alteration of the state of the roads, increment of costs, climatic conditions, closure of National Parks, Reserves or any other public space and any other external factor that may present limitations for the service(s) offered. SHIFT may also modify in any way the offer due to security and risk situations that may be presented, prior or during the execution and development of the service. This will not constitute breach or failure of service provision from SHIFT. In any case, SHIFT guarantees that the new conditions will maintain the standards initially offered.
If the trip is cancelled before it has started, solely by majeure force, fortuitous eventuality or breach of compliance from a third party, SHIFT may retain 20% of the total value paid by the TAKER.
(v) In case of cancellation from SHIFT´s part, due to situations of majeure force, fortuitous eventuality, breach of compliance from a third party or inadequate use of the client, once the TRIP or EXPEDITION has started, SHIFT will reimburse solely the costs of the services that have not been executed. In no case will SHIFT have to assume any of the additional costs in which the TAKER has incurred. This is sustained by the established in Article 16 of the Law 1480 of 2011.
5.3. CANCELLATION AND/OR MODIFICATIONS OF THE CONDITIONS OF THE TRIPS ON SHIFT’S BEHALF AFTER THEIR INITIATION
SHIFT may cancel the service after its initiation and retain all equipment provided to the TAKER in case that he/she does not comply with the safety and utilization rules stated by SHIFT for the respective service, or whenever the TAKER infringes traffic laws, consumes alcohol, causes any physical or psychological aggression to any of the other members of the activity or to a third party, or when his/her behavior is dangerous, fearful and/or represents a risk for him/her or any other individual. In this case, the TAKER shall compensate SHIFT for any losses incurred and any additional costs that may arise, such as the anticipated devolution of equipment and vehicles, hotels, meals, etc. SHIFT will not have to make any reimbursement for the payment of the service taken by the TAKER.
SHIFT may modify any of the conditions of the execution of the hired service whenever there are situations beyond its control presented; including but not limited to: acts of civil disobedience including, but not limited to war, blockages, insurrections, riots or mass protests and actions of military forces related to or with response to any act of civil disobedience, acts against or absence of acts from the Government and the Legislative and Judicial branches including laws, orders, legislations, decrees, sentences, judicial actions, regulations, renovation or confirmation of permits and licenses that have been made by either the Government or any competent authority about the activities of the rental of any equipment, high risk activities, epidemics, landslides, hurricanes, floods, avalanches, lightning strikes, earthquakes, fires, tsunamis, disasters in land, air, rail, fluvial and maritime environments, sudden alteration of roads, climate conditions and any other external factors that may limit the services offered; without any of these being a reason that constitutes breach from SHIFT’s part.
In any case, SHIFT guarantees that the new conditions will withstand, within its capacities and possibilities, the standards offered initially and if it is necessary to cancel the trip, SHIFT is not obliged to reimburse the payment of the service.
In any case in which SHIFT must refund an amount of money to the TAKER, the reimbursement of the corresponding money will be effective within 30 calendar days followed by:
The day in which SHIFT communicates the cancellation of the service and has all the banking information of the TAKER to be able to do the transfer, having complied with both conditions for the 30 day period to start counting.
When the client communicates the cancellation and sends all of his/her banking information for the transfer to be made, having complied with both conditions for the 30 day period to start counting.
The money will be transferred to a Colombian bank account. In case of it being an international bank account the TAKER will assume all costs of the bank transfer.
- PRICE, DEPOSIT AND FINAL PAYMENT
Once the purchase request has been filled out and sent by the TAKER and the first payment has been made and accepted by SHIFT, the TAKER will be obliged to pay for the final price agreed for the particular service selected or the price sent by SHIFT, if the service corresponds to a bespoke trip with an Adjusted Offer.
The price of the service will be that which is confirmed through email to the TAKER by SHIFT when it is an adjusted offer, or the one that appears published on SHIFT’s website for Type Offers. The percentage of the payment that constitutes the deposit gives the TAKER the right to have his/her spot held for the service and it will be taken into account as an initial payment of that service.
The payment of the resting amount shall be paid in one or several installments in agreement to the conditions defined by the selected offer. SHIFT reserves the right to cancel and charge a fine equivalent to the deposit in the event that the TAKER fails to pay one or more payments timely.
For the Type Offers the prices exposed on the website are merely for reference and they could change in case that SHIFT considers it is required with the purpose of satisfying the needs of the TAKER, all which will be done with previous notice.
In all the cases stated hereby, the total payment for the service (s) shall be effectuated before the starting date of the TRIP or EXPEDITION, unless SHIFT has expressly agreed on a different period with the TAKER.
6.1. INCLUSIONS IN THE PRICES OF THE SERVICE
The price paid to SHIFT by the TAKER in virtue of the selected services will comprise solely and exclusively those activities expressly stated in the Type and/ or Adjusted Offer, effectively accepted by SHIFT, as well as all of the complementary services that are reasonably required for the effective execution under SHIFT’s service standards.
The additional services non-specified in the “inclusion” or the communications with SHIFT are not understood as included and the TAKER must assume them on his/her own account.
6.1.1. VEHICLES AND EQUIPMENT INCLUSION IN THE SERVICES
Unless indicated otherwise in the accepted offer, it will be understood that the price includes the cost of rental of any specialized equipment, including vehicles and/or equipment that is required by the TAKER for the contracted trip. The price of the service may vary according to the type of vehicle or equipment required for its development.
In case of contracting a service that requires a vehicle and/or equipment that needs a license for its operation, the TAKER shall hold a valid driver’s or other license to manipulate the type of vehicle and/or activity; which should be valid and legally recognized in Colombia.
SHIFT may refuse to the TAKER’s participation on the trip if he/she does not hold the applicable license and may proceed with the cancellation of the service for this TAKER, without holding any responsibility for any of the associated costs to this cancellation as well as without being obliged to reimburse any portion of the payment disbursed.
The vehicles and/or equipment utilized during the trips may vary. The photographies of the vehicles and/or equipment published may differ from those provided to the TAKER, however, in accordance with its main purpose.
At the time of the delivery of the vehicles and/or the equipment, the TAKER must put down a deposit equivalent to the deductible of the vehicle and/or equipment if there was any, by which a voucher will be emitted by SHIFT where SHIFT reserves the right to adjust the amount of the deposit contained in the voucher as well as the deductible without previous notice. This deposit will be reimbursed at the time of the devolution of the vehicle or the equipment in the same state that it was delivered.
In the case of a vehicle and/or equipment required for the participation of the TAKER in the service results damaged for any causes unrelated to SHIFT, the TAKER shall make his/her best effort to replace it. However, if that vehicle and/or equipment cannot be replaced, it will be understood that SHIFT is not obliged to replace it.
In any case that the TAKER may not be able to continue utilizing the vehicle and/or equipment during the service, he/she shall inform SHIFT about this situation, with the TAKER assuming all of the costs derived from the transportation of this vehicle and/or equipment.
6.1.2. OWN VEHICLE OR EQUIPMENT
The TAKER may access the services offered by SHIFT with a vehicle and/or equipment of his or her property according to the expressed in the purchase order, as long as it complies with all of the established requirements and requisites for rental vehicles and/or equipment for the trips offered. In the same way, the TAKER that participates in any of the services will be obliged to comply with the totality of the norms established in these TERMS AND CONDITIONS unless it corresponds to the payment of the cost of rent of a vehicle and/or equipment. SHIFT will not be accountable for any damage or robbery of such vehicle(s) and/or equipment, nor for accidents that the TAKER may have while utilizing these during the trip (s).
SHIFT will presume that the equipment and vehicles property of or withheld by the TAKER have been subject to preventive and corrective maintenance in the timely period before the trip according to the manufacturers’ manuals. In case that the equipment and/or vehicles would not have been object of the periodic revisions or adjustments, the equipment will not be able to be utilized during the service. In case of utilization of uncertified or non-properly maintained equipment or vehicles and any damage is generated in cause of this, the derived liability will be fully assumed by the TAKER.
6.1.3. ACCOMMODATION OF THE TAKER
The accommodation of the TAKER will depend on his/her preference, according to what is indicated in the service order. However, SHIFT will do whatever is in its power to provide the TAKER with the accommodation requested, subject to availability and to the order in which the reservation has been made within the service. In case that the TAKER desires a specific accommodation and this is not available, he/she must assume any additional costs that fulfilling that desire might represent, with no obligation or responsibility from SHIFT.
- EXCLUSIONS OF THE PRICE
There will not be included in the price of the services those aspects that are not expressly included in the Type Offer that appears in what the trip includes within the website WWW.INTOTHESHIFT.COM or the Adjusted Offer that has been accepted by SHIFT and that has been sent to the TAKER. Neither will it include personal implements, personal travel expenses, traffic fines, vehicles and/or equipment rental different to those provided within the trip, amongst others.
SHIFT will not be responsible at any time for the loss or damage of luggage or any type of personal element from the TAKER and/or any of his/her accompanies if it is the case. It is recommended to contract travel insurance that includes luggage loss or damage coverage, external to SHIFT. The maximum amount of luggage allowed will vary according to the selected trip or activity.
7.2. PROPERTY OF MULTIMEDIA MATERIAL
All photography, videos and any other material produced by SHIFT or its representatives are and will be property solely of the company as well as the patrimonial and moral rights of the material. SHIFT may use such material for any purpose, at its discretion, with absolutely no limitation, without the obligation to hold a permit from part of the TAKER(S) that appear in the material and without remuneration or compensation to the TAKER(S).
- FORM OF PAYMENT
The payments that are made to SHIFT must be effectuated through the payment methods enabled on the website or through methods specified by SHIFT to the TAKER.
- VALID DOCUMENTATION REQUIRED
SHIFT assumes that the TAKER is fully aware and in acknowledgement of the fact that to travel to and in Colombia and taking into account SHIFT’s requirements, the TAKER must count with the required valid documents such as visa, vaccinations, certificates, amongst others. SHIFT expressly declares that the TAKER will be the solely liable for complying with the presentation of the required documents at any time for himself/herself as well as for the consequences that may be presented due to infringement of this or any related rule.
SHIFT will be liable for providing the services offered in its website or those agreed between the company and the TAKER, limiting its reach to that published in its website at the time of its completion. SHIFT will not be liable in case that these conditions are modified without previous notice from SHIFT’s part in case of a situation beyond its control or of fortuitous events.
The TAKER will be responsible before SHIFT for the payment of the price of the service that he/she chooses as well as for any damage or harm caused to third parties during the service, that may affect the good name and commercial reputation of the company, as well as for damages, physical injuries or death that may be suffered during the service whenever any of this results from causes external and/or unrelated to SHIFT, from any traffic accidents and damage to third parties occurred as consequence of the service (s) taken as long as they do not derive from situations beyond control, fortuitous events or from a third party or to the victim’s fault.
The TAKER accepts that he/she will respond in an exclusive manner to the payment of all damages and/or harm that he/she causes on himself/herself, his/her family members, heirs, third parties and in general to any person for the entire duration and execution of these TERMS AND CONDITIONS, thereby releasing SHIFT from the duty of vigilance that the TAKER should have with his/her dependents or for those responsible for any underage individual that participates in any of the trips.
SHIFT will not be liable for those damages that any vehicles and/or equipment may suffer for its normal use and deterioration as well as for the defects that they may have, may they be from manufacture or not, which will exempt the TAKER from receiving any reimbursements or compensations, without disregarding that he/she must replace such vehicle and/or equipment which functioning is limited to one of similar characteristics.
SHIFT will not veil for the security of the luggage or of any personal implement of the TAKER and/or his/her accompanies. SHIFT will not be liable for any delay in the delivery of the vehicle and/or equipment to the TAKER, when it has been caused for reasons external to or beyond its control.
SHIFT will be solely responsible for those acts derived from the willful misconduct or gross negligence attributable to SHIFT or its personnel.
- SHIFT AS INTERMEDIARY TRADER:
Whenever SHIFT acts before the TAKER as the trader of a service operated by a third party or affiliate, this last one shall be responsible before the TAKER: (i) of guaranteeing the existence and provision of service with base on the information previously provided in its website, according to its standards and the information provided to SHIFT; (ii) of transmitting to the TAKER in a clear, concise and complete way the relevant information with the purpose of him/her knowing the characteristics of the service (s) that shall be operated by the third provider and over which SHIFT presumes absolute veracity; (iii) Of receiving and processing any complaint or claim that the TAKER may present to the third affiliate; (iv) to transmit to the TAKER in a clear, concise and complete way the relevant information with the purpose of the TAKER’s familiarization with the characteristics of the service(s) that he/she desires to acquire; (v) to maintain itself in disposition of the TAKER to attend and resolve any doubt or inconvenient that the TAKER may have, related to the provision of the service and prior to the subscription of the contract between the TAKER and the third affiliate; (vi) to provide a permanent accompaniment to the TAKER through the appropriate means, providing him/her with advisory related to the services of the third affiliates until the moment of the subscription to the contract; (vii) to lawfully and ethically incite the signing of the contract or agreement between the TAKER and the third party affiliate; (viii) to guarantee the good condition and appropriate functioning of the equipment utilized, such us but not limited to: airplanes, small aircrafts, buses, microbuses, ground transportation vehicles, bicycles, motorcycles, boats, ships, amongst others.
SHIFT will not be responsible for any falseness or inaccuracy in the information provided by the third party supplier nor for any incident of any nature that occurs in virtue of the contract or that is directly or indirectly related to the execution of the service(s). If SHIFT was to accompany the TAKER to any of the services provided by the third party, this shall not be held as an assumption of responsibility under any circumstance. By this statement, it is understood that the TAKER fully accepts through the present document the resignation that SHIFT expressly makes in the terms described previously. The TAKER will be responsible of informing in a timely manner and in writing to SHIFT about any incident, complaint or suggestion that may arise regarding the third party supplier.
In case that SHIFT acts as commercial agent of products or services of third party suppliers of traveling services and adventure trips, the third party supplier will assume full responsibility before the TAKER: (i) to inform of the existence and characteristics of the service(s) offered by the third party supplier regarding the information previously provided by it to SHIFT and over which SHIFT presumes full veracity; (ii) to put in contact the third party supplier with the interested TAKER; (iii) to transmit to the TAKER in a clear, concise and complete manner the additional information that the TAKER may require regarding the service(s) provided by the third party supplier; (iv) to maintain the TAKER and the third party supplier informed, about any situation that may affect the subscription to the contract or the correct execution of the service(s); (v) to resolve for the TAKER any doubt that in his/her full knowledge could be solved in relation to the products and services of the third party suppliers; (vi) to provide collaboration for the contract or agreement to be signed between the TAKER and the third party supplier.
The TAKER is aware of the risks and consequences associated in the participation of the activities offered by SHIFT. The TAKER is also aware that besides the existing risks, some of the activities that may be held during the duration of the trip may present high risk, which may correspond to suffering harm or damages such as, but not limited to: physical, mental or cognitive damage caused by adverse climatic conditions, the development of the activity offered at high altitude, traffic rules, heavy or regular traffic, the condition of the roads or routes that shall be taken, amongst others.
In the same way, there may be risks presented derived from the remote location in which the service is executed and that impedes a prompt and appropriate medical assistance as well as other benefits to which there is access to in populated places, in addition to the risk of situation of insecurity, theft, robbery amongst others.
- AERIAL OR TERRESTRIAL TRANSPORTATION HIRED BY SHIFT:
In the trips of SHIFT in which the contracting of aerial or terrestrial transportation by SHIFT is included (to get to the starting point as well as for the transporters during the journey), in which SHIFT acts as a simple intermediary between the TAKER and the THIRD PARTY SUPPLIER that provides the services, the TAKER by sending the request of the reservation understands and accepts the risks to which he/she is exposed and understands that SHIFT will not be liable for any damages that may be caused to the TAKER, derived from, amongst others, accidents, personal damage, theft or any incident that may be presented during the provision of such services.
When SHIFT hires an airfare (in a commercial or private airline) it is taken as a simple intermediary between the provider of the service and the TAKER. Therefore, SHIFT is not responsible for the situations that may be presented with the service (e.g. reprogramming, cancellation, postponement or any other change related to the conditions of the flight), nor it shall be liable for any additional expenses for the non-provision of the service to the TAKER at the starting point or points of the activities or for any damage derived from this service. The constitution of cancellation policies is recommended.
SHIFT shall not be liable for the loss of any other services (provided either by SHIFT or by a third party), accommodation expenses, transportation expenses or any other additional expense derived from cancellations, reprogramming, roads closure, accidents, delays or any other similar situation with the services of aerial or ground transportation included within the trip.
- CHANGE OF THE TRAVELING CONDITIONS DUE TO CLIMATE CONDITIONS, RISKS FOR THE TRAVELERS OR ANY OTHER FACTOR OF FORTUITOUS EVENT OR MAJEURE FORCE:
In the case in which the climatic conditions vary o in which there is any other situation of majeure force or fortuitous event that will change the conditions of the trip, the itinerary or anything that impedes the realization of the trip, SHIFT reserves the right to change the conditions of the trip, the itinerary or to reschedule the date of the trip. Whenever it is possible and SHIFT decides it, it will give the options of rescheduling the trip or allowing the clients to leave the deposit for the value of the trip to utilize in any other trip on a different date. SHIFT will not be obliged to make any reimbursement and the cancellation policies described hereby will be applied.
- TRAVEL INSURANCE POLICY:
All SHIFT’s trips include a policy of medical assistance hired with the Company COLASISTENCIA (Colombiana de Asistencia), where SHIFT operates as an intermediary for the purchase. This policy counts with a specific coverage and amounts and operates under the conditions given by the company COLASISTENCIA. The coverage includes:
- Medical assistance for up to $25,000,000 COP
- Medical assistance for illness for up to $6,000,000 COP
- Ambulatory medication for up to $250,000 COP
- Hospitalization daily fees due to accident, for up to 5 days $50,000 COP
- At home nurse due to accident, for up to 5 days $100,000 COP
- Dentist expenses due to accident up to $2,000,000 COP
- Initial attention for pre-existing conditions (emergency consultation) for up to $250,000 COP
- Medical expenses for maternal illness (emergency consultation) for up to $250,000 COP
- Hotel expenses due to accidental convalescences up to $1,000,000 COP
- Medical transfers due to accident (up to the limit of accidental medical expenses), including:
- Transfers and companion’s accommodation due to accident up to $2,000,000 COP
- Transfers and companion’s accommodation due to accidental death $2,000,000 COP
- Compensation for accidental death (excludes death during transportation and homicide) $50,000,000 COP
- Compensation for permanent disability or accidental amputation (excludes accidents during transportation) for up to $50,000,000 COP
- Compensation for permanent disability or accidental amputation on Terrestrial, Fluvial, Maritime and Aerial transportation for up to $15,000,000 COP
- Compensation for accidental death on Terrestrial, Fluvial, Maritime and Aerial transportation for up to $15,000,000 COP
- Compensation for death by fire weapon, sharp or blunt weapons (homicide) $15,000,000 COP
- Compensation complementary to the loss of luggage in aerial transportation for up to $2,500,000 COP
- Familiar driver in case of accident – Included
- Specialized funerary service – Included
- Companion for patients under 15 years of age up to $2,000,000 COP
- Early return due to domiciliary damage or accident, up to $1,000,000 COP
- Remuneration for documentation theft (aggravated theft) up to $150,000 COP
- Assistance in the loss of luggage and documents Included
- Early return of minors or elders $1,000,000 COP
- Assistance of early return due to accident $200,000 COP
- Early return due to the death of a family member in first degree of consanguinity or affinity (flight) $1,000,000 COP
The TAKER is obliged to be affiliated to a national EPS or to have an international insurance policy of medical coverage in case of accident, illness or others. This is essential to take any of the services that SHIFT offers. The TAKER understands the risks that are implied in the services provided by SHIFT and understands that SHIFT will not be liable for any medical expenses due to disease, illness or accident and that the only coverage offered will come from the policy of COLASISTENCIA that nonetheless may require affiliation to an EPS or medical insurance, for the IPS (hospitals and medical centers) to provide attention.
- AGAINST CHILD PORNOGRAPHY
In agreement with the Law 679 of 2001 expedited by the Congress of the Republic, by which the dispositions to prevent and contrarrest the exploitation, pornography and sexual tourism with minors are dictated, all people somewhat related to SHIFT must prevent, block, combat and report the exploitation, housing, use, publication, disclosure and diffusion of images, texts, documents, audiovisual files, inappropriate use of networks that contain pornographic and allusive material to sexual activities including minors.
In accordance with the established in the Article 17 of the Law 679 of 2001, SHIFT warns the tourist that the exploitation and sexual abuse of minors in the country with be penal and administratively sanctioned in accordance to the law. In the same way and with the purpose of compliance with the Resolution 3840 of the 24th of December of 2009 and according to the Article 1 of the Law 1336 of the 21st of July of 2009, TRAVEX SAS has adopted a model of Code of Conduct, with the objective of preventing and impeding the sexual exploitation of boys, girls and adolescents in the touristic activity.
- LAUNDERING AND TERRORISM FUNDING
SHIFT declares that it is not listed under any of the established lists at a local or international level for the control of money laundering and/or funding of terrorism; likewise in the application of the Policy of Prevention for Laundering, it will verify that its subcontractors, suppliers, members of the board, associates, its legal representatives and fiscal revisers are not on any of these lists.