OUTLANDERS COLOMBIA (hereinafter OUTLANDERS) has created the following Terms and Conditions, which govern and regulate the provision and execution of the services offered and contracted by its CLIENTS, in addition to regulating the offers that are indicated as valid on the website www.outlanders.com.co (hereinafter WEBSITE) as indicated in this document.
THE CLIENT recognizes they have understood these Terms and Conditions through the visit, registration, reservation and purchase of any of the services offered by OUTLANDERS through the WEBSITE or through any of its offices or that of authorized third parties. Likewise, THE CLIENT acknowledges and accepts that the content of this document may be modified at any time and, when required by applicable laws and competent authorities, the changes made to them will be notified to the registered email, or through a notice on the WEBSITE, before each change becomes effective.
THE CLIENT confirms they know the risks involved in the activities contained in the services offered by OUTLANDERS and, to the extent possible and whenever permitted by applicable laws, THE CLIENT exonerates OUTLANDERS from liability of any nature.
By accepting these Terms and Conditions, it is presumed that THE CLIENT is aware of the level of risk involved in the activities offered by OUTLANDERS and that they are freely accepted by THE CLIENT, who assumes full responsibility for the damages caused to himself or to third parties, during the execution of said activities.
OUTLANDERS EXPEDITIONS SAS is a commercial company, with headquarters in Bogotá DC, identified with NIT 901.420.841-1, with an homonymous commercial establishment, identified with Mercantile Registration 3297190, registered in accordance with the laws of the Republic of Colombia. OUTLANDERS is a company dedicated to the development and operation of tourist packages, under the modality of travel agencies, specialized in the promotion of eco-touristic destinations in the Colombian territory.
OUTLANDERS markets experiences that allow its CUSTOMERS to get to know different destinations, especially, but not limited to, nature contemplation or ecotourism destinations, with specialized support and contact with local communities and cultures.
Currently, the services offered by OUTLANDER (hereinafter SERVICES) through its WEBSITE, SOCIAL MEDIA CHANNELS or INSTANT MESSAGING SERVICES may be services marketed and operated exclusively by OUTLANDERS; or marketed by OUTLANDERS, but operated by THIRD PARTY operators affiliated with OUTLANDERS; or services marketed and operated by THIRD PARTIES, where OUTLANDERS will act as a commercial agent and will collaborate with the CLIENT in all procedures with THIRD PARTIES; or services marketed by OUTLANDERS and operated by OUTLANDERS in the company of THIRD PARTIES. The conditions of the service will be indicated in the specific terms of each activity, and purchase of any of the packages by the CLIENT will serve as confirmation of acceptance of the modality of service acquired.
THE CLIENT who wishes to contract any of the SERVICES must fill out and send the respective form through the WEBSITE, email or by the means that OUTLANDERS has determined for THE CLIENT. OUTLANDERS may offer THE CUSTOMER the possibility of designing their trip in a personalized way.
The trips that OUTLANDERS offers THE CLIENT are the Standard Packages (they are offers with predetermined content by OUTLANDERS, and THE CLIENT expresses its acceptance as they were created) and the Personalized Packages (they are offers designed by OUTLANDERS for a specific interested CUSTOMER, and that exceed, modify, or complement the Standard Packages).
Likewise, THE SERVICES may be private routes or commercial routes. OUTLANDERS will inform the CLIENT at the time of sending the information about each SERVICE if it is a private or commercial route service.
The CLIENT acknowledges and accepts that, when acquiring a standard package, the provision of the service will be subject to completing the minimum number of CLIENTS required, which will be indicated at the time of sending the information about the SERVICE and activities included.
By accessing THE WEBSITE, and/or any of the services offered by OUTLANDERS, it will be considered that THE CLIENT is fully aware of and understands the content of the offers made by OUTLANDERS, and that they know and have been informed of the conditions of time, means and place of each of them at the time of requesting the service. In case of doubt, THE CLIENT should contact OUTLANDERS prior to paying any SERVICE, to the email email@example.com, once a SERVICE is reserved, it cannot be canceled or modified unless the exceptions explained in these terms apply. Once the client has accepted the provision of the service offered by OUTLANDERS, 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 CLIENT. In any case, THE CLIENT declares to expressly accept any contract through which OUTLANDERS decides to regulate these terms and conditions.
The services provided by OUTLANDERS or by third parties governed by these terms may be subject to the application of additional specific conditions, including, without limitation, biosafety protocols, transportation and others of a similar nature, which must be informed to the client and will be understood as integrated into them.
Occasionally, during the provision of a SERVICE, CLIENTS may be offered the possibility of contracting services or activities provided by third parties; in these cases, it won´t be understood in any way, that such services or activities are provided by OUTLANDERS.
To contract a SERVICE, THE CLIENT must fill out and send the corresponding form, established by OUTLANDERS based on the information required about the CLIENT, and attending to the needs of each SERVICE, or by the means indicated to each CLIENT, and must make an initial payment agreed with OUTLANDERS, which for all legal purposes, will be considered as a confirmation of the service in favor of OUTLANDERS.
It will only be understood that there is a CONTRACTUAL relationship between OUTLANDERS and THE CLIENT, once OUTLANDERS accepts the SERVICE request sent by THE CLIENT and the initial payment has been made. OUTLANDERS reserves the right not to accept SERVICE orders whose CUSTOMERS do not meet the requirements demanded by the company or when the SERVICE requested by THE CUSTOMER exceeds in any way the capabilities of OUTLANDERS, or when the SERVICE requested by THE CUSTOMER is not available at the time the request is received.
Once the SERVICE request form has been received by the CLIENT, OUTLANDERS may refuse to provide a SERVICE in accordance with the terms of this document, based on the information reported by the CLIENT, in which case the money that has been deposited will be refunded to THE CLIENT
If cancellation events occur, either by the CLIENT or by us, we will do our best to avoid the loss of canceled resources and we will ensure that the greatest amount of paid resources can be used by the CLIENT. In any case, depending on the characteristics of each cancellation, we may apply the following criteria:
4.1. Cancellation by the CLIENT:
In the event that THE CLIENT requests to modify or cancel the contracted SERVICE in any way, OUTLANDERS may apply the rules established in this section, designed for each of the SERVICES:
4.1.1. If the cancellation request occurs before the SERVICE has started, the consequences described below will apply, depending on the reason and time the cancellation is made:
The withholdings referred to in this numeral may be made in excess of the cancellation penalties, non-refundable values previously paid to OUTLANDERS’ providers or the direct provider of the SERVICE, including, for example, expenses for air, land, sea or river transportation, non-refundable, penalties for cancellation of accommodation, canceled advance payments or payments caused to providers of guiding services or activities in the destination, among others of a similar nature.
If THE CLIENT requesting cancellation in accordance with the terms of this section refers to a second CUSTOMER who contracts the SERVICE that the first customer no longer wishes to use, OUTLANDERS won´t apply the sanctions contained herein and, instead, will allow the first CUSTOMER to use the paid value for another SERVICE.
For private route SERVICES, considering the logistical difficulties inherent to the organization and provision of the service, there won´t be refunds to the CLIENT in events of cancellation at the request of the CLIENT.
4.1.2. OUTLANDERS won´t be obliged to reimburse THE CLIENT any amount if, for reasons external to OUTLANDERS, THE CLIENT is not present in a timely manner at the place of commencement of the SERVICE or arrives after the start of the SERVICE (e.g. delay or loss of flights, illness, problems on the tracks, or any other situation that prevents reaching the agreed meeting point at the agreed time). Notwithstanding the foregoing, OUTLANDERS reserves the option to make the refunds at their discretion, but will not, under any circumstance, be obliged to make such refunds.
4.1.3. OUTLANDERS may claim from the CLIENT, by the means it deems appropriate, the payment of the sums caused by cancellation that exceed the amount paid by the CLIENT at the time of cancellation.
4.1.4. If THE CLIENT requests the cancellation of THE SERVICE more than 30 days in advance, and wishes to postpone its date, OUTLANDERS may, at its discretion, allow the initial reservation to be used for another SERVICE, without applying the penalties described herein, to the extent said solution is viable according to the conditions of each SERVICE. The new reservation will be subject to availability and the conditions given by OUTLANDERS.
4.1.5. In the event that a cancellation occurs due to force majeure, unforeseeable circumstances or act of a third party, of a nature that is invincible to the CLIENT, such as the diagnosis after the reservation of medical conditions that prevent the use of the SERVICE by the CLIENT, OUTLANDERS will reimburse the CLIENT what was paid, deducting only what is caused by non-refundable cancellation concepts, such as non-refundable expenses for air, land, sea or river transportation, penalties for cancellation of accommodation, canceled advance payments or payments caused to service providers, guides or activities at the destination, among others of a similar nature.
4.2. Cancellation or alteration in the provision of the SERVICE by OUTLANDERS:
OUTLANDERS will make all reasonable efforts to provide the SERVICES in the manner offered to its CUSTOMERS, however, anticipating the possibility of events occurring that may make it impossible or affect the provision of the SERVICE, the following rules will be applied, depending on the event of cancellation or affectation:
4.2.1. In the event that the SERVICES are subject to a minimum quota of participants, and THE CUSTOMER has been so informed, if eight (8) ordinary days before the start of the SERVICE, the minimum number of reservations required for the start of the SERVICE has not been met, OUTLANDERS may unilaterally cancel the execution of the SERVICE. The term indicated may be higher in cases where the logistics required for a particular SERVICE are more complicated. In this case, OUTLANDERS will inform the CLIENT and will refund 100% of the amount paid. Notwithstanding the foregoing, OUTLANDERS may offer CLIENTS the option of making an additional payment to compensate for the low number of participants to develop the SERVICE as planned. If there is no agreement of all the CUSTOMERS to make the additional payment, a new reservation can be made in a different SERVICE, paying the value of the initial reservation or requesting a full refund.
The CLIENT knows and accepts that a SERVICE may be subject to having a minimum number of participants and, therefore, OUTLANDERS won´t be responsible for any previous cost assumed by THE CLIENT such as hotels, tickets, transportation, etc., these costs are non-refundable if the cancellation occur for the reason indicated here.
4.2.2. If an event of force majeure and/or fortuitous event occurs, due to the act of a third party or due to improper use by THE CLIENT, OUTLANDERS may modify the conditions initially offered, or may cancel any of the SERVICES offered ( before the start of the trip or during it). OUTLANDERS may modify in any way the offers published on its WEBSITE, without prior notice, in the events in which situations beyond its control arise that require it, such as sudden alteration of the state of the roads, increase in costs, weather conditions, closure of National Parks, Reserves or any public space and other external factors that could limit the SERVICES offered.
OUTLANDERS may 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 its execution. This won´t constitute a breach by OUTLANDERS. In any case, OUTLANDERS guarantees that the new conditions will maintain the standards initially offered, in terms of the characteristics and duration of the activities initially offered.
If the SERVICE is canceled before it has started, whether due to force majeure, fortuitous event or the act of a third party, OUTLANDERS may retain the non-refundable expenses for air, land, sea or river transportation, penalties for cancellation of accommodation, canceled advance payments or payments caused to providers of guide services or activities in the destination, among others of a similar nature.
4.2.3. OUTLANDERS may modify in any way the offers published on its website, social networks and, in general, in any communication channel that it uses with its CLIENTS or potential CLIENTS, without prior notice, in events in which situations beyond its control arise, such as sudden alteration of the state of the roads, increase in costs, alterations of climate that negatively impact the provision of the SERVICE, closure of National Parks, Reserves or any public space and other external factors that could limit the SERVICES offered. OUTLANDERS may also modify in any way the offer or provision of SERVICES due to security situations that require it, prior to the start of the SERVICE or during its execution. This won´t constitute a breach by OUTLANDERS. In any case, OUTLANDERS guarantees that the new conditions will maintain the quality standards and characteristics initially offered, to the extent that this is reasonably applicable.
4.2.4. OUTLANDERS may cancel the SERVICE after it has started for any specific CLIENT in the event that the CLIENT does not comply with the rules and protocols for safety and use of equipment provided by OUTLANDERS or by the direct provider of each particular SERVICE, or when evidence that THE CLIENT violates the laws applicable to the activities to be carried out is found, consumes alcohol or psychoactive substances in a way that affects the adequate provision of the SERVICE or interferes in the provision of services to other CLIENTS, due to physical or psychological aggression to OUTLANDERS’ staff, the providers of the SERVICE or to third parties, or when their behavior is dangerous, reckless and/or represents a risk to themselves or to other clients, staff or providers. If the events described herein occur, THE CLIENT must compensate OUTLANDERS for the losses suffered and the additional costs that arise, such as early return of equipment and vehicles, hotels, meals, transportation for the client’s early return and others of a similar nature. OUTLANDERS won´t be obliged to make any type of reimbursement with respect to the payment of the SERVICE to the CLIENT.
4.2.5. OUTLANDERS may modify any of the conditions of execution of the contracted SERVICES when situations beyond its control arise that require it, including, without limitation: acts of civil disorder, war, blockades, insurrections, riots, mass protests, and actions of the military or civil forces related to the aforementioned facts; acts and facts of the Government and the Legislative and Judicial branches or other authorities, including laws, orders, regulations, decrees, sentences, legal actions, regulations, renewal or confirmation of permits and licenses, that affect the activities to be carried out, epidemics, landslides, hurricanes, floods, avalanches, lightning, earthquakes, fires, tidal waves, land, air, rail, river and sea transportation disasters, sudden changes in the state of roads, weather conditions and other external factors that could limit the SERVICES offered and/or contracted; without this constituting a breach by OUTLANDERS.
In any case, OUTLANDERS guarantees, to the extent that it is reasonably required according to the characteristics of the event or affectation, that the new conditions of the SERVICE will maintain, to the extent possible, the standards initially offered.
If it becomes necessary to cancel the provision of the SERVICE due to the events described in this section, OUTLANDERS won´t be obliged to reimburse the total or partial payment of the SERVICE that has been made by the CLIENT, beyond the remaining balance, once the non-refundable expenses incurred have been deducted, such as non-reimbursable expenses for air, land, sea or river transportation, penalties for cancellation of accommodation, canceled advance payments or payments caused to providers of guide services or activities at the destination, among others of a similar nature, and administrative and transaction costs already incurred by OUTLANDERS.
OUTLANDERS may send each CUSTOMER particular cancellation policies, based on the characteristics of each SERVICE, the mode of provision and weather conditions, public order, and others of a similar nature, at the time of provision of the SERVICE. When special cancellation policies are sent, those will take precedence over what is established in these terms.
THE CLIENT acknowledges and accepts that, due to the nature of the SERVICES offered by OUTLANDERS, as well as the existence of external factors that may affect the development of activities included in the contracted SERVICE, or that imply the impossibility of providing THE SERVICE, if the weather conditions vary or any other situation of Force Majeure or Act of God arises that changes the conditions of the SERVICE, affects the itinerary or prevents the performance of the SERVICE, OUTLANDERS may change its conditions, modify the itinerary or replan the date(s) of SERVICE.
Whenever possible, and OUTLANDERS decides so, it will give the options to reschedule the SERVICE or allow THE CLIENT to use the resources paid in any other SERVICE offered by OUTLANDERS, on a different date or on the same date, when the affectation doesn´t extend to all the SERVICES offered.
In any case, OUTLANDERS reserves the right to apply the terms of cancellation or alteration in the provision of the SERVICE, contained in this document.
Once the form provided by OUTLANDERS in order to contract the SERVICES has been filled out and the payment established for the reservation of the corresponding SERVICE has been made, a contractual relationship arises between THE CLIENT and OUTLANDERS, by virtue of which THE CLIENT will be obliged to pay the final price agreed for the selected SERVICE, according to communication sent by OUTLANDERS.
The price of the SERVICE will be that which has been confirmed by OUTLANDERS to the CLIENT by email, or by the means of contact used to access information about the SERVICES. To ensure the provision of the SERVICE, THE CLIENT must make the payment of the sum of money indicated by OUTLANDERS, as an advance payment.
The payment of the remaining must be made in one or several installments according to the conditions informed by OUTLANDERS to the CLIENT. OUTLANDERS reserves the right to cancel the reservation and charge a fine equivalent to the deposit, if THE CLIENT does not complete one or more payments in a timely manner.
OUTLANDERS may share information of a general nature or corresponding to previous SERVICES with the sole purpose of illustrating the CLIENT about the scope of the activities to be carried out. No information presented by OUTLANDERS will be binding unless it refers specifically to the SERVICE requested by the CLIENT, that is, the specific experience selected, in the chosen modality (standard or personalized) and on the dates required by the CLIENT and confirmed by OUTLANDERS.
Payments to OUTLANDERS must be made through the means of payment enabled on the official OUTLANDERS website or through the means specified by OUTLANDERS to the CLIENT.
OUTLANDERS will make various means of payment available to the CLIENT which, in any case, are provided by third parties, generally financial institutions; in this sense, OUTLANDERS doesn´t assume any responsibility for the correct functioning of said means, and it will be the CLIENT’s responsibility to verify with sufficient time that the payment channel of their choice works properly for the fulfillment of their payment obligation.
In all events in which sums of money are generated in favor of the CLIENT and at the expense of OUTLANDERS under these terms, these will be reimbursed by means of a credit balance certificate, which may be used to contract other SERVICES offered by OUTLANDERS.
Previous accreditation of impossibility on the part of the CLIENT to contract another of the SERVICES offered by OUTLANDERS, or in the cases that are appropriate in accordance with the applicable laws, OUTLANDERS will make the reimbursements or refunds that may be applicable in accordance with the provisions of these terms in cash.
In any of the cases in which OUTLANDERS must return a sum of money to THE CLIENT, the return of the corresponding money will be made within thirty (30) ordinary days after the situation that gives rise to the refund or reimbursement occurs and has all the bank details to make the corresponding transfer. Therefore, it is required that the request for reimbursement is made by the client, the required accreditations are given according to these terms, and confirmation of reimbursement is produced by OUTLANDERS in order for the term of 30 days to begin counting. The money will be transferred to a bank account in Colombia and, if it is an international account, THE CLIENT must bear the costs of said bank transfer.
In all the scenarios proposed, the total payment of the SERVICE must always be paid before starting the SERVICE, unless OUTLANDERS has expressly agreed on a different term with THE CLIENT.
The SERVICE paid by THE CLIENT to OUTLANDERS will include only and exclusively those activities expressly included in the offer sent to the CLIENT (either for a standard or personalized package).
Those aspects that are not expressly included in the information of the standard or personalized package that is sent to the CLIENT will not be understood to be included in the contracted SERVICE.
When the CUSTOMER enjoys a SERVICE using their own means, for example, when they decide to transport themselves in their own vehicle, to or during an activity, the costs inherent to the provision of such means will not be understood to be included in the SERVICE, nor will the eventualities that may arise from the the CUSTOMER’s decision. As an example, the mechanical effects that a private vehicle may suffer while the SERVICE is being provided, will not be covered as part of the SERVICE, nor will OUTLANDERS have any responsibility in said scenario.
Unless otherwise indicated in the contracted SERVICE, it will be understood that the price includes the rental cost of any specialized equipment and/or equipment that is required by THE CLIENT for the contracted SERVICE. The price of the SERVICE may vary according to the type of equipment required to participate in it.
In the event of contracting a SERVICE that requires equipment that needs a license for its operation or that requires a license to practice in a certain activity, THE CLIENT must have a valid license for the type of activity; which must be current and valid in Colombia.
OUTLANDERS may refuse THE CUSTOMER to enjoy the contracted SERVICE if they do not bring the applicable license, proceeding to cancel the SERVICE for said activity, without being obliged to assume the costs derived from said cancellation, and without being obliged to return any portion of the price paid.
Equipment used during trips may vary. The photographs of the equipment that will be sent to the CLIENT for illustrative purposes may differ from those that will be delivered to the CLIENT insofar as their purpose and general characteristics are maintained.
At the time of delivery of the equipment, OUTLANDERS may require THE CUSTOMER to constitute a coverage deposit in case of damage or misuse, on which a receipt will be issued by OUTLANDERS. OUTLANDERS reserves the right to adjust the amount of the deposit without prior notice, if necessary. This deposit will be refunded upon return of the equipment in the same condition as it was delivered.
In the event that a piece of equipment required for THE CLIENT’S participation in the SERVICE is damaged due to causes beyond OUTLANDERS’ control, OUTLANDERS will make its best effort to replace it. However, if said equipment cannot be replaced, it will be understood that OUTLANDERS will not be obliged to make its replacement.
In the event that THE CLIENT cannot continue using the equipment during the SERVICE, the CLIENT must inform OUTLANDERS of this situation, and THE CLIENT must assume all the costs derived from transporting the equipment to its storage location, when required.
THE CUSTOMER may access the SERVICES offered by OUTLANDERS with a vehicle and/or equipment owned by them according to the SERVICE modality chosen, as long as it meets all the necessary requirements for the SERVICE, which will be informed to the CUSTOMER at the time to express their intention to use their own vehicle and/or equipment. In the same way, THE CLIENT who participates in any of the SERVICES will be obliged to comply with all the obligations established in these TERMS AND CONDITIONS and, additionally, must be responsible for the care and cover all the expenses derived from their equipment. and/or vehicle. OUTLANDERS will not be responsible for damage or theft of said vehicles and/or equipment or for accidents suffered by THE CLIENT by the use of the same during the SERVICES.
OUTLANDERS will presume that the equipment and/or vehicles owned or held by CLIENTS have been subject to preventive and corrective maintenance in the appropriate periods according to the manufacturer’s manuals, these being the exclusive responsibility of the CLIENT. In the event that the equipment and/or vehicles have not been subject to periodic revisions or adjustments, the equipment and/or vehicles may not be used during the SERVICE. In the event that non-certified or properly maintained equipment and/or vehicles are used and damage is generated as a result, the responsibility that arises will be borne by THE CLIENT.
The accommodation of THE CLIENT will be made depending on the CLIENT’s preference, in the case of personalized packages, or as indicated in the form provided to request the SERVICE, in the case of standard packages. OUTLANDERS will make its best effort to provide the CUSTOMER with the required accommodation, subject to availability and the order in which the reservation was made within the SERVICE. In the event that a CUSTOMER wishes a certain accommodation, and it is not available, he must assume the additional costs that may arise, without this being the responsibility of OUTLANDERS.
OUTLANDERS will not be responsible at any time for the loss of luggage or any personal effects of THE CLIENT and/or their companion(s), if applicable. The maximum luggage allowed per CLIENT will vary according to the SERVICE.
The SERVICES offered by OUTLANDERS are intended for people who are 18 years of age or older. If THE CLIENT is not of legal age, he must be accompanied by his parents, or by a duly authorized responsible adult, who will sign all the documents on their behalf, assuming to comply with and cover the responsibilities that derive from this.
To contract a SERVICE, OUTLANDERS requests the CLIENT the data and information indicated in the form sent to the client for the request of the SERVICE. However, OUTLANDERS may require the CLIENT to submit additional information, including without limitation: relevant medical information for the provision of the SERVICE and documents to prove their medical condition and ability to access the SERVICES, and any additional information that, in the opinion of OUTLANDERS, is relevant to prove the fullness of its capabilities and the correct provision of the SERVICE.
OUTLANDERS declares that the only source of information to which it will have access will be that provided exclusively by the CLIENT, which will presume to be true, complete and timely at all times. The lack of truthful, complete, and timely information will be considered as grounds for excluding OUTLANDERS’ liability.
THE CUSTOMER who contracts a SERVICE with OUTLANDERS must have medical insurance that can cover expenses for illness, accident or any other situation that may arise during the SERVICE, therefore, OUTLANDERS will require THE CUSTOMER to have the insurance. When contracting the SERVICE with OUTLANDERS, it is understood that THE CLIENT has said insurance, with sufficient validity and coverage to attend to any situation that arises during the development of the SERVICE.
In case THE CLIENT does not have Colombian nationality, OUTLANDERS assumes that THE CLIENT is aware that, in order to make a trip in Colombia and taking into account the requirements of OUTLANDERS, he must have the documents required by law, such as visa, vaccination cards, certificates, among others. OUTLANDERS expressly declares that THE CLIENT 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.
OUTLANDERS may, at its discretion, take out a policy that covers eventualities that may arise during the provision of the SERVICE; such action will not have, under any circumstances, the effect of relieving the CLIENT of its obligations under this section.
15.1. When the SERVICE is marketed and developed solely by OUTLANDERS:
OUTLANDERS will be responsible for providing the SERVICES agreed with THE CLIENT, limiting its scope to that indicated in the information sent to the CLIENT. OUTLANDERS will not be responsible in the event that these conditions must be modified without prior notice by OUTLANDERS when circumstances of force majeure or fortuitous event occur, in accordance with the provisions of sections 4 and 5 of this document.
THE CUSTOMER will be responsible to OUTLANDERS 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 thir good name and commercial reputation, for the damages and bodily injuries or death that they suffer during the SERVICE, whenever they result from efficient causes beyond OUTLANDERS, for those traffic accidents and damages to third parties that occur as a result of the contracted SERVICES, as long as they come from force majeure, fortuitous event or fault of the victim .
THE CLIENT accepts that they will be exclusively responsible for the payment of all damages and/or losses caused to themselves, their relatives, heirs, third parties and in general to any person during the validity and execution of these TERMS AND CONDITIONS, releasing OUTLANDERS from the duty of vigilance that THE CLIENT has with their dependents or those responsible for any minor who participates in any of the SERVICES.
OUTLANDERS will not be responsible for damages suffered by the vehicles and/or equipment due to their normal use and deterioration, as well as for their defects, whether they are factory-made or not, which will exempt them from making reimbursements or compensation to the CLIENT, without prejudice, OUTLANDERS may replace a vehicle and / or equipment whose operation is limited by one of similar characteristics, to the extent that it is applicable in accordance with these terms.
OUTLANDERS will not ensure the security of the luggage or any personal item of THE CLIENT and/or their companions. OUTLANDERS will not be responsible for any delay in the delivery of equipment to the CLIENT, when it is caused by reasons beyond its control. OUTLANDERS will only be responsible for those acts derived from intent and/or gross negligence attributable to it.
15.2. When the SERVICE is provided or operated totally or partially by a third party:
Whenever OUTLANDERS acts before the CLIENT as a marketer of a SERVICE operated totally or partially by an affiliated third party, it will be responsible to the CLIENT to guarantee:
15.2.1. The existence and provision of the service based on the information previously provided to the CLIENT, in accordance with its standards or the information provided to OUTLANDERS;
15.2.2. 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 of the SERVICE and over which OUTLANDERS presumes its veracity;
15.2.3. Receive and process any complaint or claim that THE CLIENT presents towards the third party provider of the SERVICE;
15.2.4. To transmit to the CLIENT, in a clear, concise and complete manner, the relevant information so that THE CLIENT knows the characteristics of the service(s) that they wish to acquire;
15.2.5. Remain available to THE CLIENT to attend to and resolve any doubt or inconvenience that may arise related to the provision of the service and prior to the signing of the contract between the latter and the third-party provider of the SERVICE;
15.2.6. Provide permanent support to the CLIENT, through the appropriate means, providing advice related to the services of third-party providers of the SERVICE until the moment of signing the corresponding contract, when applicable;
15.2.7. Seek to carry out the signing of the contract or binding agreement between THE CLIENT and the affiliated third party, when it is not signed directly by OUTLANDERS, according to the terms of the contractual relationship with the third party provider of the SERVICE;
15.2.8. Ensure the good condition and operation of the equipment used, such as, but not limited to: airplanes, small planes, buses, vans, ground transportation, bicycles, motorcycles, boats, among others; being, in any case, the sole responsibility of the third party provider of the SERVICE to cover any fact that derives from the use of such elements, or their availability.
OUTLANDERS will not be responsible for any falsehood or inaccuracy in the information provided by the third party provider of the SERVICE or for any incident of any kind that occurs under the contract or that is directly or indirectly related to its execution. If OUTLANDERS were to accompany the CLIENT to any of the SERVICES provided by the corresponding third party, this will not be taken as an assumption of responsibility under any circumstances. Based on the foregoing, it is understood that THE CLIENT already accepts the waiver that OUTLANDERS expressly makes in the terms described above. THE CLIENT will be responsible for informing OUTLANDERS in a timely manner and in writing of any incident, complaint or suggestion that arises regarding the third-party provider.
When OUTLANDERS acts as a commercial agent for products from third-party providers of travel and adventure travel services, OUTLANDERS will be responsible to the CLIENT:
When OUTLANDERS signs contracts aimed at the provision of SERVICES by third parties, it will be understood that it does so as an agent, and does not commit, under any scenario other than those contemplated herein, its personal responsibility.
OUTLANDERS recommends that all CUSTOMERS take, prior to the provision of the SERVICE, and in order to anticipate possible eventualities related to it, insurance policies that cover events of cancellation or modification of the service, the damages that may be suffered during the same and that cover the goods and personal effects that they carry with them, likewise, when the CLIENT must make previous trips for the beginning of the SERVICE, it is suggested that the required transportation be contracted in a flexible modality.
In no scenario will it be understood that OUTLANDERS is responsible for the provision of additional services or activities, understood as such, those that the CLIENT voluntarily contracts with third parties during the provision of a SERVICE, as well as the effects that may arise during or as a result of such activities or services.
THE CLIENT is aware of the risks and consequences of participating in the activities contained in the SERVICES offered by OUTLANDERS. That in addition to the existing risks, some of the activities that will be carried out in the course of the SERVICE may be high-risk, which includes certain risks of suffering damage such as, but not limited to, physical, mental or cognitive damage, death, caused by adverse weather conditions, development of the activity offered at high altitudes, traffic rules, heavy traffic or not, conditions of the routes or highways that require 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.
In the SERVICES that include the contracting by OUTLANDERS of the transport (both to reach the starting point and the transport during the SERVICE), in which OUTLANDERS acts as a simple intermediary between THE CLIENT and the THIRD PARTY that provides the transport service, THE CLIENT, when sending the reservation request understands and accepts the risks to which he is exposed and understands that OUTLANDERS will not be responsible for any damage caused to the CLIENT, derived from, among others, accident, personal injury, death, theft or any incident that occurs during the provision of said transportation services.
When OUTLANDERS contracts an air ticket (in a commercial or private airline) it is understood as a simple intermediary between the provider of the transport service and THE CLIENT. Therefore, it is not responsible for situations that may arise with the indicated service (for example: rescheduling, cancellation, postponement or any other change in the conditions of the flight), nor will it be responsible for additional expenses, for the non-presentation of THE CLIENT at the starting point or points of the activities, or for any damage derived from this transport service.
OUTLANDERS will not be responsible for the loss of other services (both SERVICES provided by OUTLANDERS and by a third party), lodging expenses, additional transportation or any other additional expense arising from cancellations, rescheduling, road closures, accidents, delays or any other similar situation in the transportation services included in the SERVICE.
Within the execution and development of the SERVICES mentioned throughout this document, OUTLANDERS knows, consults, collects and manages personal information of its clients -and of the clients or persons who authorize them to process their personal data-, suppliers and personnel, and of those who without yet having said connotations could become so through contact data, all of this guaranteeing the protection of rights such as Habeas Data, privacy, intimacy, good name, image and autonomy, through actions governed by principles of good faith, legality, self-determination, freedom and transparency, in accordance with Statutory Law 1581 of 2012 “Personal Data Protection Law” and the rules that regulate and complement it.
Based on the foregoing, OUTLANDERS has its own Personal Data Processing Policy, which is always available to THE CLIENT and other interested persons through this link.
The photographs, videos, as well as any other material produced by OUTLANDERS or its representatives, are its sole property, as are the patrimonial and moral rights over it. OUTLANDERS may use said material for any purpose, at its discretion, without limitation and without the need for permission from CLIENTS appearing in the material.
In this regard, customers accept that, in accordance with OUTLANDERS’ personal data processing policy, they may appear in images and videos that may be used for promotional purposes of the SERVICES.
The CLIENT acknowledges and accepts as a well-known fact that currently tourism activities may be affected by the SARS COV-II / COVID 19 pandemic; In this sense, THE CLIENT is aware that THE SERVICES are provided following the biosafety protocols established by OUTLANDERS based on the regulations issued by the NATIONAL GOVERNMENT and competent authorities, guaranteeing social distancing and promoting environments in accordance with good practices to prevent contagion and spread of the virus.
Based on the foregoing, THE CLIENT, to the extent that it is valid in accordance with the applicable regulations, exempts OUTLANDERS from any and all liability arising from contagion, effects on health, property, damages and / or direct, indirect damages or, in general, consequences derived from potential exposure to the COVID 19 disease.
Likewise, THE CLIENT exempts OUTLANDERS from any patrimonial affectation that may be caused by the effects that the current global situation may have on the provision of the SERVICE or the activities included in it.
OUTLANDERS will endeavor, in any case, to provide the SERVICES in a safe manner and will be governed in its actions by the content of these terms.