Terms and Conditions
Nest Suesca
This document constitutes a Framework Contract, through which the provision of services by EXPERIENCIAS HOTELERA S.AS to its CLIENTS will be regulated and which in any case will be integrated with the offers included on the page website www.niddo.co. Consequently, this document establishes the general conditions of execution of the services offered and contracted by THE POLICYHOLDER that are specified in the offers selected by them.
1. ACCEPTANCE OF TERMS AND CONDITIONS BY THE POLICYHOLDER
By accessing the website and/or any of the services offered by EXPERIENCIAS HOTELERAS S.AS, it will be considered that THE CLIENT is fully aware of the content of the offers made by NIDDO, and that they know and are well informed of the conditions of time, mode and place of each of them at the time of requesting the service. In case of doubt, you should contact NIDDO prior to taking any service, to the email NIDDOSUESCA@GMAIL.COM, since once the service is reserved, it cannot be canceled or modified unless the exceptions described below apply. Once the provision of the service has been accepted by NIDDO, it will be up to the latter, exclusively, to interpret the content of the offers presented on the website with the support of the explanatory communications sent at any time to the respective POLICYHOLDER. In any case, THE POLICYHOLDER declares to expressly accept any contract through which NIDDO decides to regulate these terms and conditions.
By accepting these Terms and Conditions, it is presumed that THE CUSTOMER is aware of the level of risk involved in the activities offered by NIDDO and that they are freely accepted by THE CUSTOMER, who assumes full responsibility for the damages caused to himself or to third parties. during the execution of said activities.
2. REQUIREMENTS THAT THE SERVICE CLIENT MUST FULFILL
POLICIES who are not over 18 years of age must be accompanied by their parents, who will sign all the documents on their behalf or by a responsible adult duly authorized in writing by the guardian. In the same way, the POLICIES must present the licenses/courses/certifications/permits/medical statements or any suitable document that certifies their experience, aptitude and capacity to take and participate in the services acquired from NIDDO in accordance with the table included at the end of these Terms and Conditions.
However, NIDDO will require the POLICYHOLDER to submit information through the medical file that the POLICYHOLDER fills out before staying and certain documents to prove their medical condition and ability to access services, it will be up to the POLICYHOLDER to present to NIDDO all information additional information that in his opinion is relevant to prove the fullness of his capacities and any relevant medical condition.
NIDDO declares that the only source of information to which it will have access will be that provided exclusively by the POLICYHOLDER, which it will presume to be truthful, complete and timely at all times. The lack of truthful, complete and timely information will be considered as cause for exclusion of liability of NIDDO SAS
3. SERVICES OFFERED THROUGH THE WWW.NIDDO.CO PAGE
To access any of the above services, THE POLICYHOLDER must request the service of their choice from NIDDO by completing and sending the service request forms established by NIDDO on the website or by mail, phone call or any other means. that allows NIDDO to know the trip desired by the POLICYHOLDER.
For the purposes of this document, THE POLICYHOLDER and NIDDO will understand that there are two kinds of offers:
Yo. TYPE OFFERS: These are the offers offered by NIDDO through its website and for which THE POLICYHOLDER accepts the content and the conditions expressly established therein.
ii. ADJUSTED OFFERS – TAILOR-MADE ACCOMMODATION: These are offers that are particularly designed by NIDDO for a certain interested CLIENT, and that exceed, modify or complement the standard offers.
4. RESERVATION OF SERVICES
To make a reservation for any service, the CUSTOMER must fill out and send the "RESERVATION FORM" or other "FORMATS" established by NIDDO on its website, which for all legal purposes, will be considered service orders in favor of NIDDO.
The reservation of the service by the POLICYHOLDER will only be understood to have been completed once NIDDO accepts the service request sent by THE POLICYHOLDER. NIDDO reserves the right not to accept service orders whose CLIENTS do not meet the requirements demanded by the company or when the service requested by THE CLIENT exceeds NIDDO's capacities in any way.
4.1. CANCELLATION OR RE-PLANNING OF THE SERVICE BY THE POLICYHOLDER
In the event of any modification or cancellation of the reservation by the CUSTOMER, NIDDO will apply the cancellation rules defined for each of the services, which will be included in the standard or adjusted offer. In the event that the cancellation conditions are not defined in the offers, the following rules will be applied subsidiarily:
i) For cancellation of the service requested with a period of more than SIXTY (60) calendar days in advance of the established start date, a penalty will be applied by the POLICYHOLDER, equivalent to FIFTY PERCENT (50%) of the value paid to the date; ii) If THE POLICYHOLDER cancels the service between 59 and 30 days prior to the start date of the service, 30% of the total value of the service will be returned; iii) If the CUSTOMER cancels the service between 29 and 0 days prior to the start date of the service, he will lose one hundred percent (100%) of the value paid for the service; iv) If THE POLICYHOLDER cancels the service during its development, he will lose one hundred percent (100%) of the value paid.
NIDDO will not be obliged to reimburse the POLICYHOLDER any amount if, for reasons beyond NIDDO's control, the POLICYHOLDER does not show up on time on the day of their reservation or arrives later. Notwithstanding the foregoing, NIDDO reserves the option of making the refunds it deems necessary, in the event that the cancellation of the trip by the POLICYHOLDER is due to personal reasons or force majeure. It is suggested to establish service cancellation policies.
If the CUSTOMER cancels the service more than 60 days in advance, and wishes to postpone the date thereof, he may use the prior reservation for another service at any time, without losing the deposit. The new reservation will be subject to availability and the conditions given by NIDDO.
4.2. CANCELLATION AND/OR MODIFICATIONS OF THE TRIPS BY NIDDO BEFORE THE START OF THE SAME.
In the event of a situation that is considered to be force majeure and/or fortuitous event or act of a third party, NIDDO may cancel any of the reservations, and must reimburse the CUSTOMER ONE HUNDRED PERCENT (100%) of the value paid. NIDDO will not be responsible for any expenses incurred by the POLICYHOLDER.
NIDDO may modify in any way the offers published on the page, without prior notice, in the event of situations beyond its control that require it, such as sudden alteration of the state of the roads, increase in costs, weather conditions, and other external factors that could limit the services offered. You can also modify the offer in any way due to security situations that warrant it, prior to the start of the execution of the service or during the execution of the same. This shall not constitute a breach by NIDDO. In any case, NIDDO guarantees that the new conditions will maintain the standards initially offered.
5.3. CANCELLATION AND/OR MODIFICATIONS OF THE CONDITIONS OF THE TRIPS BY NIDDO AFTER THEY STARTED.
NIDDO may cancel the service after its start and make the POLICYHOLDER withdraw in the event that the latter does not comply with the safety, use and behavior standards required at NIDDO facilities, or whenever the POLICYHOLDER causes physical or psychological aggression other guests or third parties, or when their behavior is dangerous, reckless and/or represents a risk to themselves or the people accompanying them. In this case, THE POLICYHOLDER must compensate NIDDO for the losses suffered and the additional costs that arise, such as early return of equipment and vehicles, hotels, meals, etc. NIDDO will not have to make any reimbursement of the payment of the SERVICE to the CLIENT.
NIDDO may modify any of the conditions of execution of the contracted services whenever situations beyond its control arise that require it; including but not limited to: acts of civil disorder; including war, blockades, insurrections, riots, mass protests, and actions of military forces related to or in response to any act of civil disorder, acts, or lack of acts, of the Government and the Legislative and Judicial branches including laws, orders, regulations, decrees, sentences, legal actions, regulations, renewal or confirmation of permits and licenses, which are carried out by the Government or any Competent Authority on equipment rental activities or high-risk activities, epidemics, landslides , hurricanes, floods, avalanches, lightning, earthquakes, fire, tidal wave, disaster in land, air, rail, river and sea transportation sudden alteration of the state of the roads, weather conditions and other external factors that could limit the services offered; without thereby constituting a breach by NIDDO. In any case, NIDDO guarantees that the new conditions will maintain the initially offered standards to the best of its ability, and if it becomes necessary to cancel the trip, NIDDO is not obliged to reimburse payment for the service.
6. PRICE, DEPOSIT AND FINAL PAYMENT
Once the purchase request has been completed and sent by the POLICYHOLDER and accepted by NIDDO, the POLICYHOLDER will be obliged to pay the agreed price for the particular service selected or the price sent by NIDDO if it is a trip tailored to the client, with a tight offer.
The price of the service will be that which is confirmed by email to the POLICYHOLDER by NIDDO in the case of an adjusted offer, or that which appears published on the NIDDO website for standard offers. In the case of adjusted offers, the price must be paid within ten (10) days after acceptance by NIDDO and sending of the price confirmation, through a minimum deposit required by NIDDO that will vary for each particular service. . The percentage of the payment that constitutes the deposit, gives the CUSTOMER the right to respect his quota in the service and will be taken into account as an advance payment of the same.
The payment of the balance must be paid in one or several installments according to the conditions defined in the selected offer. NIDDO reserves the right to cancel the reservation and charge a fine equivalent to the deposit, in the event that the CUSTOMER does not make one or more payments in a timely manner.
In the case of standard offers, the prices displayed on the page are for reference only, so they may vary if NIDDO so requires in order to meet the needs of the POLICYHOLDER, all of which will be done with prior notice. .
In all the cases raised, the total payment of the SERVICE must always be paid before starting the TRIP, unless NIDDO has expressly agreed a different term with the POLICYHOLDER.
6.1. INCLUSIONS IN PRICES OF SERVICES
The price paid by THE POLICYHOLDER to NIDDO by virtue of the selected services, will include only and exclusively those activities expressly related in the standard and/or adjusted offer, effectively accepted by NIDDO, as well as all those complementary services that are reasonably required for its effectiveness. run under NIDDO service standards.
6.1.1. INCLUSION OF VEHICLES AND/OR EQUIPMENT IN THE SERVICES
In case of contracting a service that requires a vehicle and/or equipment that needs a license for its operation, the POLICYHOLDER must have a valid license for the type of vehicle and/or activity to drive it; which must be valid and approved in Colombia.
NIDDO may refuse the CUSTOMER to take the contracted service if the latter does not carry the applicable license, proceeding to cancel the service for that CUSTOMER, without being responsible for the costs derived from said cancellation, and without being obliged to return any portion of the paid price.
Vehicles and/or equipment used during trips may vary. The photographs of the vehicles and/or equipment published may differ from those that will be delivered to the POLICYHOLDER but maintaining their usefulness.
At the time of delivery of the vehicle and/or equipment, THE POLICYHOLDER must constitute a coverage deposit equivalent to the insurance deductible of the vehicle and/or equipment, if any, on which a voucher will be issued by NIDDO where NIDDO reserves the right to adjust the amount of the deposit contained in the voucher as well as the deductible without prior notice. This deposit will be refunded upon return of the vehicle or equipment in the same condition as it was delivered.
In the event that a vehicle and/or equipment required for the POLICYHOLDER's participation in the service breaks down for reasons beyond NIDDO's control, NIDDO will make its best effort to replace it. However, if said vehicle and/or equipment cannot be replaced, it will be understood that NIDDO will not be obligated to replace it.
In the event that THE POLICYHOLDER cannot continue using the vehicle and/or equipment during the service, he/she must inform NIDDO of this situation, and THE POLICYHOLDER must assume all the costs derived from the transportation of the vehicle and/or equipment.
6.1.2. VEHICLE AND/OR OWN EQUIPMENT
THE POLICYHOLDER may access the services offered by NIDDO with a vehicle and/or equipment of their property as stated in the purchase order, as long as it meets all the requirements established for vehicles and/or equipment rented on trips. offered. In the same way, THE POLICYHOLDER who participates in any of the trips will be obliged to comply with all the obligations established in these TERMS AND CONDITIONS except that corresponding to the payment of the cost of renting the vehicle and/or equipment. NIDDO will not be responsible for damage or theft of said vehicles and/or equipment or for accidents suffered by THE POLICY HOLDER by using them during trips.
NIDDO will presume that the equipment and vehicles owned or held by the POLICIES have been subject to preventive and corrective maintenance in the appropriate periods according to the manufacturer's manuals. In the event that the equipment and/or vehicles have not been subject to periodic revisions or adjustments, the equipment may not be used during the service. In the event that non-certified or properly maintained equipment is used and damage is generated as a result, the responsibility that arises will be borne by the POLICYHOLDER.
7. PRICE EXCLUSIONS
Those aspects that are not expressly included in the type offer that appears in what includes the service within the Internet page WWW.NIDDO.CO or that adjusted offer that is accepted by NIDDO and that has been sent to the CUSTOMER. Nor will it include personal implements, personal travel expenses, traffic fines, vehicle rental and/or equipment other than those provided within the trip, among others.
7.1. LUGGAGE, AUTOMOBILES AND OTHER PERSONAL OBJECTS
NIDDO will not be responsible at any time for the loss of luggage, personal objects inside vehicles, damage or loss of vehicles or loss of any personal object of the POLICYHOLDER and/or his companion if it is the case that they appear inside or outside NIDDO facilities. It is recommended to constitute a policy to insure luggage, automobiles or other elements. The POLICYHOLDER may request that a person from the Niddo team guard valuables belonging to him or his companions, if he does not do so, NIDDO will not be liable for damage or loss of the same.
7.2. PROPERTY OF THE MULTIMEDIA MATERIAL
The photographs, videos, as well as any other material produced by NIDDO during the lodging or the activities that are developed, are its sole property, as are the patrimonial and moral rights over it. NIDDO may use said material for any purpose, at its discretion, without limitation and without the need for permission from the PICKERS that appear in the material.
8. METHOD OF PAYMENT
Payments made to NIDDO must be made through the means of payment enabled on the website or through the means specified by NIDDO to the POLICYHOLDER.
9. VALID DOCUMENTATION REQUIRED
NIDDO assumes that THE POLICYHOLDER is aware of and aware of the fact that in order to travel in Colombia and taking into account NIDDO's requirements, he must have the required documents, such as a visa, vaccinations, certificates, among others. NIDDO expressly declares that the POLICYHOLDER will be solely responsible for complying with the presentation of the documents required at any time by him, as well as for the consequences caused by any related breach.
10. LIABILITY
NIDDO will be responsible for providing the services offered on its website or those agreed between it and the POLICYHOLDER, limiting its scope to that published on its website at the time of improvement. NIDDO will not be responsible in the event that these conditions must be modified without prior notice by NIDDO in the event of circumstances of force majeure or fortuitous event.
THE POLICYHOLDER will be responsible to NIDDO for the payment of the price of the service that they choose, as well as for all damages caused during the same to third parties, those that may affect their good name and commercial reputation, for the damages and bodily injuries or death that suffers during the service whenever they result from efficient causes beyond NIDDO, for those traffic accidents and damages to third parties that occur as a result of the services taken, as long as they do not come from force majeure, fortuitous event or fault of the victim.
THE CLIENT of the service will be responsible to NIDDO for any damage that he, his relatives, companions or pets of his property cause in NIDDO, to equipment, rooms, outdoor spaces, equipment, damage to others guests, employer or third parties.
THE POLICYHOLDER accepts that he will be exclusively responsible for the payment of all damages and/or losses caused to himself, his relatives, his heirs, third parties and in general to any person during the validity and execution of these TERMS AND CONDITIONS, releasing NIDDO from the duty of vigilance that THE POLICYHOLDER has with their dependents or those responsible for the minor who participates in any of the trips.
NIDDO will not ensure the safety of the POLICYHOLDER, the loss of luggage or any personal effects of the POLICYHOLDER and/or his companions.
NIDDO will only be responsible for those acts derived from intent and/or gross negligence.
Whenever NIDDO acts against the POLICYHOLDER as a marketer of a service operated by an affiliated third party, NIDDO will be responsible to the POLICYHOLDER: (i) for guaranteeing the existence and provision of the service based on the information previously provided on its website , in accordance with its standards and the information provided to NIDDO; (ii) to transmit to the CUSTOMER, in a clear, concise and complete manner, the relevant information so that the latter knows the characteristics of the service(s) that must be operated by the third-party provider and about which NIDDO presumes its truthfulness; (iii) Receive and process any complaint or claim that THE POLICYHOLDER presents towards the affiliated third party; (iv) to transmit to the CUSTOMER, in a clear, concise and complete manner, the relevant information so that he knows the characteristics of the service(s) that he wishes to acquire; (v) remain available to the CUSTOMER to attend to and resolve any doubts or inconveniences that may arise related to the provision of the service and prior to the signing of the contract between the latter and the affiliated third party; (vi) provide permanent support to the POLICYHOLDER, through the appropriate means, providing advice related to the services of third-party affiliates until the moment of signing the contract; (vii) ensure that the signing of the contract or binding agreement between THE POLICYHOLDER and the affiliated third party is carried out; (viii) guarantee the good condition and operation of the equipment used, such as, but not understood as the only ones: airplanes, small planes, buses, vans, ground transportation, bicycles, motorcycles, boats, boats, among others.
NIDDO will not be responsible for any falsity or inaccuracy in the information provided by the third party provider or for any incident of any kind that occurs under the contract or that is directly or indirectly related to the execution of the contract. If NIDDO were to accompany the POLICYHOLDER to any of the services provided by the third-party provider, this will not be taken as an assumption of responsibility under any circumstances. Based on the foregoing, it is understood that THE POLICYHOLDER accepts from now on the waiver that NIDDO expressly makes in the terms described above. THE POLICYHOLDER will be responsible for informing NIDDO in a timely manner and in writing of any incident, complaint or suggestion that arises regarding the third-party provider.
In the event that NIDDO acts as a commercial agent for products from third-party providers of travel and adventure travel services, NIDDO will be responsible to the POLICYHOLDER: (i) to report the existence and characteristics of the service(s) offered by the third party provider based on the information previously provided by it to NIDDO and on which NIDDO presumes its veracity; (ii) To put the third-party provider and the interested POLICYHOLDER in contact; (iii) to transmit to the POLICYHOLDER, in a clear, concise and complete manner, any additional information that the POLICYHOLDER may require about the service provided by the third-party provider; (iii) to keep the POLICYHOLDER and the third-party provider informed of any situation that could affect the signing of the contract or its correct execution; (iv) to solve the CUSTOMER any doubt that with his knowledge he could solve in relation to the products of third-party providers; (v) lend their collaboration so that the signing of the contract or binding agreement between THE POLICYHOLDER and the third-party provider is carried out.
11. RISK
THE POLICY HOLDER is aware of the risks and consequences of participating in the activities offered by NIDDO in its facilities and the risks involved in staying at NIDDO, a place in the open air. That in addition to the existing risks, some of the activities that will be carried out during the lodging may be high risk, which includes certain risks of suffering damage such as, but not limited to: physical, mental or cognitive damage caused by climatic conditions adverse, development of the activity offered at high altitudes, traffic rules, heavy traffic or not, conditions of the routes or highways that need to be taken, among others.
Likewise, there may be risks derived from the remote location in which the service is executed and that prevent timely medical assistance and other benefits that are accessible in populated places, situations of insecurity, theft, robbery, among others, may also occur.
In NIDDO trips that include the contracting by NIDDO of air or ground transportation, in which NIDDO acts as a simple intermediary between the POLICYHOLDER and the THIRD PARTY that provides the service, the POLICYHOLDER when sending the reservation request understands and accepts the risks to which it is exposed and understands that NIDDO will not be responsible for any damage caused to the POLICYHOLDER, derived from, in others, accident, theft or any incident that occurs during the provision of said services.
Any questions or disagreements please contact niddosuesca@gmail.com.