By and between the undersigned:
JHON HANNER GODOY ORTIZ, of legal age, Colombian citizen, residing in the city of Santa Marta, identified with Citizenship Card No. 1.082.933.347 issued in Santa Marta, hereinafter referred to as the “Landlord,” of the one part; and XXXXX XXXXX XXXXX XXXXX, of legal age, identified with (citizenship card, passport, or foreign ID) No. (ID number), acting, hereinafter referred to as the “Tenant,” of the other part. the parties mutually agree to enter a lodging contract, which shall be governed by the following terms and conditions, and, where applicable, by Law 300 of 1996, Law 1101 of 2006, Law 1558 of 2012, their respective regulatory decrees, and any other relevant supplementary legal provisions.
The purpose of this contract is the rental of a tourist accommodation property to be provided to the tenant and their registered companions, exclusively for residential accommodation purposes, in the property and for the dates selected by the tenant.
The reservation of the property is confirmed when the lessor has received fifty percent (50%) of the total value of the contract, in accordance with clause six, as an advance payment. The balance must be paid 7 days before the arrival date.
Paragraph 1.- Failure to pay. Any of the agreed amounts on the established dates entitles the lessor to unilaterally terminate the contract, applying the penalties from the cancellation policy. In such a case, the lessor may make the property available for the dates reserved by the tenant.
The contract begins when the tenant confirms the advance payment and will end on the agreed termination date and time of the stay (check-out).
If, due to unforeseen circumstances, the reserved property is not suitable for accommodating the tenant, and the lessor is unable to resolve the issue before the tenant’s arrival, the lessor will provide another property of the same or better conditions in the same location, building, condominium, etc.
Paragraph 1.- In cases of force majeure or unforeseen circumstances on the part of the lessor, they will refund the amount paid within 10 business days, without any liability on the part of the lessor. In such a case, it is understood that this contract will be null and void.
To receive a full refund, the tenant must cancel within 48 hours after booking, and the cancellation must occur at least 30 days before check-in. The tenant will be required to pay 50% of the total price if they cancel after making the reservation. If the tenant does not show up, they must pay the full price of the reservation. The tenant must pay at least 50% of the total price in advance after making the reservation. The balance of the reservation must be paid up to 7 days before arrival. Refunds will be made within 20 business days following the cancellation. Paragraph 1. – Covered events; the following events are covered for free cancellation if they affect the location of your reservation, occur after the reservation is made, and legally prevent or prohibit the completion of a future or current reservation (referred to as “events” in this policy):
- Declared public health emergencies and epidemics. Epidemics, pandemics, and public health emergencies declared by the government. Endemic diseases (such as the flu) and those commonly associated with a specific area (such as malaria in Colombia) are not included. This severe situation policy does not cover COVID-19.
- Government travel restrictions. Mandatory travel restrictions imposed by a government agency, such as an evacuation order. This does not include non-mandatory travel advisories or similar government guidance.
- Military actions and other hostilities. Acts of war, hostilities, invasions, civil war, terrorism, explosions, bombings, uprisings, riots, and insurrections.
- Widespread disruptions to basic services. Prolonged disruptions to basic services such as heating, water, and electricity affecting many homes in a particular location.
- Natural disasters. Natural disasters and other severe weather events. Weather or natural conditions that are common enough to be predictable in a specific location, such as hurricanes during hurricane season in Florida, are only covered when they result in another event covered by this policy that prevents the completion of the reservation, such as a mandatory evacuation order or widespread disruption of basic services.
Paragraph 2. – Uncovered events; in any situation not mentioned above, the reservation will remain subject to the cancellation policy. The following are some examples of common events not covered:
- Events affecting a guest or their ability to travel, but not the reservation location
- Unexpected injury or illness • Government obligations such as jury duty or court appearances
- Non-binding travel advisories or other government guidelines that do not meet a travel ban or restriction
- Event cancellation or rescheduling for which the reservation was made • Flight cancellation
- Transportation disruptions not related to a covered event, such as airline insolvency, fuel shortages, transport strikes, and road closures due to maintenance
In cases of force majeure or unforeseen circumstances, the provisions of Article 64 of the Civil Code will apply, for which it will be necessary for the tenant to certify such condition to the lessor. In any case, the lessor will have the right to request additional documentation from the tenant to assess the specific case.
The value of the lodging contract for the property and dates selected by the tenant is in the sum of xx.xxx.xxx COP.
Twenty-four (24) hours before arrival, the tenant must send the full information (full names and identification document) of each guest according to the contracted accommodation. Likewise, they must present the related documents in person at the time of registration at reception. The property will be delivered by the lessor from 3:00 PM on the day of arrival, and the tenant must return it by 11:00 AM at the latest on the day of departure.
Paragraph. – The delivery of the property to the tenant, as well as the items, facilities, equipment, and other provisions that are handed over with the property, will be carried out in the manner agreed upon by the parties, considering the nature and characteristics of each item to ensure proper care and handling. The tenant will be responsible for their obligations and those of their companions, even for slight negligence. In either case, it is understood that all guests are especially obligated to exercise the utmost care in using the items made available to them. The tenant must financially respond for any damage caused to the property, items, facilities, equipment, and other provisions, as well as damages to third parties within the property complex where the property is located.
Paragraph 1. – The valid documents for registering any person are as follows:
- For nationals: citizenship card, identity card, civil registration.
- For foreigners: passport, foreign ID card. Under no circumstances will any other type of identification document be accepted; failure to comply with this clause entitles the lessor to unilaterally terminate the contract, applying the penalties of the cancellation policy.
Paragraph 2. – Entry of minors. Below are the document requirements, according to the individuals accompanying any minor of Colombian, Peruvian, or Venezuelan nationality: PARENTS (BIOLOGICAL OR ADOPTIVE): one or both parents. If the minor is accompanied by only one parent, no authorization from the other is required. The legal document that proves the degree of blood or civil relationship between a minor and their parents is the birth certificate. The mandatory documents for registering the arrival (check-in) of a minor accompanied by their parents are: • Original identification document of the adults. • Original identification document of the minor if required by their age. • Birth certificate that verifies the first-degree relationship (biological parent-child) or first-degree civil relationship (adoptive parent-child). GUARDIAN OR CURATOR: The mandatory documents for registering the arrival (check-in) of a minor who is not accompanied by their parents but by a guardian or curator are:
- Original identification document of the adults.
- Original identification document of the minor if required by their age.
- Public will of guardianship or a court judgment of legitimate guardianship that proves that one of the adults accompanying the minor is their guardian or curator. RESPONSIBLE ADULT: The mandatory documents for registering the arrival (check-in) of a Minor who is NOT accompanied by their parents but by a responsible adult (e.g., grandparent, uncle, cousin, friend, etc.), are:
- Original identification document of the responsible adult.
- Original identification document of the Minor, if required by their age.
- Birth certificate that verifies the first-degree relationship (biological parent-child) or first-degree civil relationship (adoptive parent-child) between the Minor and their parents.
- The original parental authorization document or authorization from one parent with personal presentation before a notary in Colombian hotels and legalized signature by a public notary or peace judge in Peruvian hotels, along with a copy of the identification of those who provided the authorization. The parental authorization must expressly state that the Minor is allowed to stay with the responsible adult.
FOREIGN MINOR: Foreign minors are allowed to be lodged with their parents, guardians, or responsible adults, as well as those not traveling with their parents or without a responsible adult, if they present the following documents:
- Original passport of the Foreign Minor. No document proving the relationship is required for lodging Foreign Minors.
The tenant and all their companions may arrive at the facilities where the property is located starting at 12:00 PM on the arrival day. In this case, the tenant and all their companions can complete the check-in process at reception. With the tenant’s authorization, the lessor may store their luggage until the property is delivered, which will be at 3:00 PM.
Paragraph. -1 The lessor agrees to store and safeguard the luggage but will not be liable for the loss of valuable objects or items such as electronic devices, jewelry, branded clothing, branded footwear, or any other valuable item. The tenant leaves these items under their sole responsibility. It is recommended that luggage be locked with a padlock or combination lock. Upon arrival, the tenant and all their companions must pay the administration where the property is located for the registration wristbands that the building charges visitors. This cost is not included in the total reservation price and was informed before making the payment.
The agreed departure time is 11:00 AM on the scheduled departure date. At this time, the tenant and all their companions must vacate the property and complete the check-out process. Staying in the building beyond this time is not allowed. If the tenant and all their companions have a flight and/or transportation after 11:00 AM, the lessor, with the tenant’s authorization, may store their luggage until 4:00 PM at the latest.
Paragraph. -1 The lessor agrees to store and safeguard the luggage but will not be liable for the loss of valuable objects or items such as electronic devices, jewelry, branded clothing, branded footwear, or any other valuable item. The tenant leaves these items under their sole responsibility. It is recommended that luggage be locked with a padlock or combination lock.
Paragraph. – 2. If the tenant ignores the previously stipulated departure time, the lessor will have the right to enter the property and remove the tenant’s and all companions’ belongings. For this, support from the building’s security will be requested, and a record of the procedure will be made.
Paragraph. – 3. For groups reserving more than one (1) property, the tenant must leave a deposit of nine hundred thousand pesos ($900,000 COP) to cover any damages to the properties arising from the execution of this contract. Additionally, for this case only, the tenant authorizes the lessor to deduct thirty thousand pesos ($30,000 COP) for every 5 minutes of delay in the delivery of each property. This will be deducted from the deposited amount, and the remaining balance will be refunded at the time of check-out.
Only the individuals previously registered by the tenant, according to the contracted accommodation and as indicated in clause seven, will have the right to stay in the property subject to this contract. If these conditions are not met, the tenant will pay the lessor sixty-five thousand pesos ($65,000 COP) per additional person per night, provided the capacity of the reserved property is not exceeded.
Paragraph. -1 If the tenant arrives at the property with more guests than contracted without informing the lessor, the lessor will have the right to unilaterally terminate this contract and apply the reservation’s cancellation policy.
Paragraph. -2 The tenant may modify the number of guests and pay the corresponding additional charges up to twenty-four (24) hours before the arrival date indicated in the reservation details, i.e., the CHECK-IN date.
La práctica de deportes, ejercicios físicos, conducción de vehículos, utilización de instrumentos o herramientas, y en general toda actividad que signifique un riesgo para el arrendatario y sus acompañantes, implica que estos tienen las habilidades y el conocimiento suficientes, tanto de las reglas deportivas como de las regulaciones para utilizar las facilidades, equipos y dotaciones correspondientes. Por consiguiente, el arrendatario y sus acompañantes asumen toda responsabilidad en caso de que sufran cualquier accidente, daño o lesión, ataques de animales, o en caso de pérdida, avería o deterioro de los elementos, semovientes o equipos que utilicen. Tanto el arrendador como el propietario del inmueble, quedan por tanto expresamente exonerados de cualquier responsabilidad por estos motivos. Parágrafo. – el arrendador no responderá por daños que afecten a el arrendatario y sus acompañantes, y ellos renuncian expresamente a presentar reclamación alguna, o frente al propietario del inmueble, por atraco, secuestro, robo, extorsión o cualquier otro siniestro personal que los afecte fuera de la propiedad contratada.
The tenant will be responsible for both their own behavior and that of their companions. The lessor may order the eviction and consequently terminate the contract without the right to a refund if the tenant or their companions do not behave in a commonly accepted manner and endanger the safety or peace of the property and its neighbors. The tenant shall refrain from hosting parties or gatherings with third parties not registered in the contract unless a prior agreement has been reached with the lessor, and a fee for such an event has been established. The tenant agrees not to play music at levels that disturb the peace of their neighbors. If any building, condominium, or similar rules are violated, the tenant will be directly responsible for paying any fines or penalties imposed by the condominium. The tenant will be responsible for the charges incurred during their stay.
Paragraph.-1 The tenant and their companions will be responsible for supervising and caring for minors entering the property. This means that both on the property and in the facilities of the building, condominium, or similar, minors must be under the care of the tenant and their companions. In no case will the tenant or the property owner be responsible for negligence or carelessness on the part of the tenant and their companions.
Pets are allowed only if they are included in the reservation, and the additional surcharge specified at the time of booking must be paid. Only one pet (1) may be included.
Paragraph. -1 The tenant may include a pet and pay the corresponding additional charge up to twenty-four (24) hours before the arrival date indicated in the reservation details, i.e., the CHECK-IN date.
Paragraph. -2 If the tenant arrives at the property with more than one pet without prior notification, the lessor will have the right to unilaterally terminate this contract and apply the reservation’s cancellation policy.
The lessor agrees:
1.- To guarantee the peaceful use or enjoyment of the property throughout the contract term;
2.- Not to alter the condition of the property or intervene in its legitimate use, except in the case of urgent and essential repairs;
3.- To issue the tenant a receipt for any payment made by the tenant for the agreed remuneration;
4.- To inform the Colombian National Police or the relevant authority of the entry of any foreigners into the property as tenants or registered persons, within five days of their arrival, in accordance with Article 87 of Decree 4000 of 2004.
The tenant agrees to:
1.- Return the property and furniture in good condition of conservation and cleanliness, and in the event of damage or breakage for which they are responsible, to compensate for the damage based on replacement values;
2.- Not make any works, improvements, or renovations of any kind on the property;
3.- Not sublet, transfer, or assign this contract;
4.- Not change the agreed purpose of the property;
5.- Notify the lessor in a timely manner of any malfunction in the property’s facilities and services for the purpose of prompt repair, requesting the lessor to send their technician and allowing them access to the property at any time. The tenant may not arrange for repairs by third parties on their own. Otherwise, the tenant will be solely responsible for any damages and losses caused by this breach;
6.- Be responsible for the care of the garden furniture and other items, and if due to their omission or negligence, these are damaged, stolen, or lost, the tenant will bear the cost of repair or replacement.
The contract will end upon the expiration of the agreed period for the tenant and their companions to stay in the property or earlier due to the breach of obligations by either party. Failure to comply with the obligations does not exempt the tenant from paying the full fee for the agreed period.
The lessor rents the property exclusively for tourist rental purposes, and the use of the property for other purposes is prohibited.
Paragraph.-1 The rented property cannot be used for the production, recording, or photography for commercial purposes where images of the property, its facade, interiors, or any signage, displays, names, brands, and designations found inside or on the facade and/or structure of the property are used or transmitted, including any sound or musical composition that can be heard from within the property, without any limitation. Breaching this clause will result in a monetary penalty equivalent to twice the value of this contract.
Paragraph. -2 The use of the rented property for activities related to drug trafficking, money laundering, illegal businesses, and other unlawful activities is strictly prohibited.
In accordance with Article 17 of Law 679 of 2001, the lessor warns the tenant and their companions that the exploitation and sexual abuse of minors in the country are punishable by both criminal and administrative sanctions, as per the current laws.
The tenant voluntarily accepted the full content of this contract by checking the “I agree” box during the reservation process through the website. Participating in the lessor’s offered tourist accommodation service presupposes total acceptance of all the general conditions and clauses stipulated in this lodging contract.
The tenant is obligated to:
- Handle personal data with the highest levels of protection and confidentiality, in compliance with the data processing policy and the provisions of Law 1581 of 2012 or any laws that regulate or amend it.
- Guarantee the data subject, always, the full and effective exercise of their right to habeas data.
- Keep the information under the necessary security conditions to prevent its alteration, loss, consultation, unauthorized or fraudulent use, or access.
- Process inquiries and claims made by data subjects in accordance with the terms stipulated by Law 1581 of 2012.