LIABILITY CLAUSES.
Acceptance of Terms:
By requesting registration in any of the services of MAGICTOUR COLOMBIA S.A.S., the client declares that they are aware of and approve all these “General Terms and Conditions”, which shall constitute law between the parties, and are available to be printed on our website or within the specific travel project.
Documentation:
All Clients must carry the necessary personal documentation. MAGICTOUR COLOMBIA S.A.S. shall not be responsible for the information, processing, issuance, or rejection of visas or passports.
Registrations:
The mere act of registering to participate in any service of MAGICTOUR COLOMBIA S.A.S. implies that nothing shall be understood or assumed as included unless it is described in the promotional brochures and/or general terms and conditions.
Reservation conditions:
Reservations shall be confirmed with a minimum payment of ten percent (10%) of the total value of the service. The remaining value must be paid before the provision of the service; otherwise, MAGICTOUR COLOMBIA S.A.S. shall not be able to guarantee the provision thereof.
For previously registered corporate clients with an approved credit line by MAGICTOUR COLOMBIA S.A.S., different payment conditions may apply, including terms of up to thirty (30) calendar days counted from the date of issuance of the invoice, in accordance with the commercial agreements and accounts receivable policies defined with each client.
In the case of services associated with MICE tourism (Meetings, Incentives, Conferences and Exhibitions) and corporate events, payment conditions may be structured through advance payments, partial payments and/or schedules defined according to the nature, magnitude of the event and requirements of the suppliers involved. Such conditions shall be formalized in the corresponding commercial proposal, contract or service confirmation.
MAGICTOUR COLOMBIA S.A.S. reserves the right to grant, modify or revoke credit quotas, as well as to establish special payment conditions, according to the client profile, the type of contracted service and payment behavior.
Confirmation:
The confirmation of the reservation shall be understood once MAGICTOUR COLOMBIA S.A.S. receives the corresponding payment and issues the respective confirmation of services, which shall include at least the description of the contracted services, dates, applicable conditions and total value.
Such confirmation shall be sent to the client through electronic means such as email, WhatsApp or other official channels of the company. In the event of not receiving the confirmation within twenty-four (24) hours following the request or payment, the client must contact the company through the communication channels provided for this purpose.
It shall be understood that the client accepts the information contained in the service confirmation, unless they express in writing any inconsistency within twenty-four (24) hours following its receipt.
The parties agree that electronic records, emails, data messages and other information stored in the systems of MAGICTOUR COLOMBIA S.A.S. and/or its commercial partners shall constitute valid and sufficient evidence of the contractual relationship, under the terms of the applicable Colombian legislation.
In the case of complex tourism services, tailor-made packages or corporate events MICE), the confirmation may be subject to adjustments derived from supplier availability, which shall be communicated to the client in a timely manner.
Payment conditions:
Payments corresponding to the services offered by MAGICTOUR COLOMBIA S.A.S. may be made through the following authorized channels:
- In-person payments:
At the authorized offices of the company, through duly designated personnel, by means of cash or debit and credit cards. The client must request the corresponding proof of payment and service confirmation. - Virtual payments:
Through the official www.magictourcolombia.com using authorized platforms such as ePayco, PayPal, payment links sent from official channels (corporate email, social media or corporate WhatsApp lines), as well as electronic transfers or deposits to corporate bank accounts of MAGICTOUR COLOMBIA S.A.S. - Payments by deposit or transfer:
Only to the official bank accounts of the company and managed through authorize corporate channels. The company shall not be responsible for payments made to unauthorized third parties. - Conditions for corporate clients:
Corporate clients with an approved credit line may access special payment conditions, including terms of up to thirty (30) calendar days counted from the invoice issuance date, in accordance with the commercial agreements and accounts receivable policies defined with each client. - MICE services and corporate events:
For services associated with MICE tourism and corporate events, payment conditions may include advance payments, partial payments and schedules defined according to the magnitude of the event, operational timelines and supplier requirements. These conditions shall be established in the commercial proposal, contract or service confirmation.
Advance payments may be allocated to the management and payment of suppliers, therefore they may be non-refundable under the terms defined in the cancellation policies - Installment payment plan:
This corresponds to a savings or investment program in tourism services, through periodic installments defined according to the term selected by the client. This plan does not generate interest. The specific conditions, validity, use of funds and cancellation policies shall be informed at the time of enrollment in the plan. - General conditions:
MAGICTOUR COLOMBIA S.A.S. reserves the right to establish, modify or restrict payment methods, as well as to grant, adjust or revoke credit quotas, according to the client profile, the type of contracted service and their payment behavior.
Cancellations and/or modifications by the client
Requests for cancellation or modification must be submitted in writing through the official channels of MAGICTOUR COLOMBIA S.A.S. and shall be subject to the following conditions:
- Voluntary cancellations (without valid cause):
Confirmed reservations shall be subject to the following penalties, calculated on the total value of the contracted service:- With more than forty-eight (48) hours in advance: penalty of ten percent (10%) for administrative and operational expenses, plus non-refundable expenses already incurred with suppliers.
- Between twenty-four (24) and forty-eight (48) hours in advance: penalty of twenty percent (20%), plus non-refundable expenses.
- With less than twenty-four (24) hours in advance: penalty of one hundred percent (100%) of the total value of the service.
- Failure of the client to appear (NO SHOW) shall be considered as cancellation with less than 24 hours and shall generate a penalty of one hundred percent (100%).
- Justified cancellations:
Justified cancellations shall be those derived from force majeure situations duly supported (e.g., medical incapacity, family emergency, among others).
In such cases, MAGICTOUR COLOMBIA S.A.S. shall manage with suppliers the recovery of amounts, without guaranteeing full refunds, as these will depend on the policies of each supplier.
If any refund applies, a minimum deduction of ten percent (10%) shall be applied for administrative expenses, in addition to non-recoverable costs.
Modifications:
Requests for change of date, destination or services shall be subject to availability and possible fare differences, as well as applicable penalties imposed by suppliers.
MAGICTOUR COLOMBIA S.A.S. does not guarantee the possibility of making modifications without additional costs.
Cancellations and/or modifications by MAGICTOUR COLOMBIA S.A.S.:
In the event that, due to operational reasons, force majeure or unforeseen circumstances (including, but not limited to, weather conditions, public order situations, road closures, governmental provisions, health emergencies or any other circumstances beyond the company’s control), the provision of the contracted service is not possible, MAGICTOUR COLOMBIA S.A.S. may:
- Reschedule the service to a new date
- Offer an alternative service of similar characteristics
- Manage the refund of recoverable amounts in accordance with the policies of the Suppliers
The acceptance by the client of any of the alternatives offered shall exclude any subsequent claim on this basis.
Limitation of liability:
MAGICTOUR COLOMBIA S.A.S. acts as an intermediary between the client and the different tourism service providers such as hotels, operators, transport companies, restaurants and other partners, and therefore does not assume direct responsibility for the material provision of such services, which lies with each provider in accordance with the applicable regulations.
Consequently, MAGICTOUR COLOMBIA S.A.S. shall not be liable for total or partial non-compliance, delays, modifications, cancellations or any other inconvenience arising from the provision of services by third parties, when these are attributable to such providers.
The company shall be exempt from liability in cases of force majeure or unforeseen circumstances, including, but not limited to, accidents, strikes, demonstrations, riots, road closures, adverse weather conditions, natural phenomena, health emergencies, governmental decisions, public order issues, mobility restrictions, denial of permits or any other circumstance beyond its reasonable control.
MAGICTOUR COLOMBIA S.A.S. shall not be responsible for legal, migratory or administrative situations affecting the client, including visa denial, inadmissibility at destinations, requirements imposed by authorities or failure to comply with travel requirements. In the event that the client must interrupt or cancel their participation in the service for these reasons, no refunds shall apply beyond those established in the cancellation policies.
The company shall not assume responsibility for losses, damages or impacts related to luggage, personal belongings, money, documents or any other property of the client during the execution of the service, except in cases where the law expressly provides otherwise. The client is advised to take the necessary security measures and to purchase travel insurance when applicable.
MAGICTOUR COLOMBIA S.A.S. reserves the right to remove from the service any client whose conduct puts at risk the operation, safety, integrity of the group or the fulfillment of the itinerary, without any entitlement to refunds for unused services.
Likewise, the company may make reasonable adjustments to itineraries, schedules, routes or contracted services when operational, logistical or force majeure circumstances arise, ensuring in all cases the proper execution of the service under equivalent conditions.
Refunds:
Refunds, when applicable, shall be subject to the conditions established in the cancellation policies, as well as to the provisions and response times of the involved tourism service providers.
MAGICTOUR COLOMBIA S.A.S. shall manage with suppliers the recovery of the corresponding amounts, without guaranteeing full refunds, as these will depend on the applicable policies of each provider.
If a refund applies, it shall be processed within a maximum period of thirty (30) calendar days counted from the confirmation of the recoverable amounts by the suppliers.
Once the service has commenced, no refunds shall be granted for unused services due to the client’s decision. However, in the event of non-compliance directly attributable to MAGICTOUR COLOMBIA S.A.S., each particular case shall be analyzed to determine any applicable compensation.
In all cases, MAGICTOUR COLOMBIA S.A.S. may deduct administrative, operational and financial expenses associated with the management of the reservation, as well as non-recoverable amounts already executed or committed to suppliers.
Refunds shall be made through the same payment method used by the client or via bank transfer to the account indicated by the client.
Loggage:
The client is solely responsible for the custody, care and handling of their luggage and personal belongings during the provision of tourism services. MAGICTOUR COLOMBIA S.A.S. shall not be responsible for losses, damages, misplacement or theft occurring during the execution of the service, except in cases where the law expressly provides otherwise.
The company does not assume responsibility for valuable items such as money, jewelry, electronic equipment, personal documents or other items requiring special care that have not been duly declared by the client. The client is advised to keep such items under their direct supervision at all times.
The client must be present during luggage loading and unloading operations and verify that their belongings correspond correctly at the beginning and end of the service.
Luggage storage at facilities:
In cases where MAGICTOUR COLOMBIA S.A.S. authorizes the temporary storage of luggage at its facilities as a complementary service, this shall be carried out under registration and control conditions.
The client must inform in advance if their luggage contains valuable items, money or items requiring special care, which may be stored in a separate location, subject to prior verification and joint registration.
If such items are not declared, the company shall not assume responsibility for any loss or damage related thereto. The liability of MAGICTOUR COLOMBIA S.A.S. shall be limited exclusively to the luggage formally received, identified and registered.
The client is advised to purchase travel insurance covering loss, damage or theft of luggage, especially in multi-destination or long-duration services.
Pets:
The transportation and participation of pets in the services offered by MAGICTOUR COLOMBIA S.A.S. is not generally included and shall be subject to special conditions, availability and prior authorization by the company and the involved suppliers.
If authorized, the client shall be solely responsible for the behavior, care, feeding and safety conditions of the pet during the provision of the service, as well as for compliance with applicable regulations regarding the transportation and ownership of animals.
In all cases, the client must accept and comply with the policies and restrictions established by tourism service providers (hotels, transport companies, operators, among others), which may vary depending on the contracted service.
MAGICTOUR COLOMBIA S.A.S. shall not assume responsibility for damages, incidents, impacts on third parties or restrictions arising from the transportation or presence of pets during the service.
The company reserves the right to restrict or deny the access of pets when operational, safety, health or supplier policy conditions so require.
Service start:
The client must present themselves at the place, date and time established for the start of the service, in accordance with the information provided in the service confirmation. It is recommended to be available at least ten (10) to fifteen (15) minutes in advance.
For individual clients (B2C), MAGICTOUR COLOMBIA S.A.S. may make prior contact before the provision of the service in order to reconfirm information related to the time and meeting point, as well as to inform of possible operational adjustments. This contact shall be made using the data provided by the client at the time of booking.
However, it shall be the client’s responsibility to verify the information contained in the service confirmation, as well as to be present at the agreed location for the start of the service. The absence of effective prior contact does not exempt the client from compliance with these conditions.
If the client is not present at the agreed place and time, MAGICTOUR COLOMBIA S.A.S. may grant a maximum waiting time of up to fifteen (15) minutes, provided that operational conditions allow it. After this time, the service may begin without the client, who must assume the costs and arrangements necessary to join by their own means, without entitlement to refunds for unused services.
For services requiring special start conditions (such as centralized meeting points, shared transfers or services with strict schedules), the waiting time may be shorter or not applicable, which shall be previously informed in the service confirmation.
In the case of special programs or particular operations, specific start conditions may be established, which shall be communicated to the client in advance.
Failure by the client to comply with the established schedules may be considered as a no show (NO SHOW), applying the conditions defined in the cancellation policy.
MAGICTOUR COLOMBIA S.A.S shall not be responsible for delays caused by traffic, weather conditions, errors in travel planning or any other circumstances beyond the operation of the service.
Requests, complaints, claims, suggestions and compliments:
Clients of MAGICTOUR COLOMBIA S.A.S. may submit requests, complaints, claims, suggestions or compliments (PQRSF) through the communication channels provided by the company, including virtual means (email, website, social media), telephone or in person.
All requests shall be registered and managed by the responsible department, ensuring timely, objective attention in accordance with the company’s internal procedures.
The maximum response time shall be five (5) business days counted from the receipt of the request, except in cases which, due to their complexity, require additional time, which shall be duly communicated to the client.
For proper processing, the client must provide truthful and sufficient information to identify the request, including contact details, description of the facts and, if possible, supporting documents.
MAGICTOUR COLOMBIA S.A.S. shall process PQRSF in compliance with current consumer protection regulations and shall guarantee the confidentiality of the information provided.
Environmental, cultural and legal commitment:
At MAGICTOUR COLOMBIA S.A.S., we promote responsible, sustainable tourism that respects the natural, cultural and social environment of the destinations in which we operate. We are committed to carrying out our activities under sustainability principles, fostering environmental conservation, biodiversity protection and respect for local communities.
In this regard, we reject any practice that threatens the integrity of ecosystems, including the illegal trafficking of flora and fauna, and we promote compliance with current environmental regulations in Colombia.
Likewise, we respect and promote the protection of cultural heritage, avoiding the illegal rade of cultural assets and encouraging the recognition, appreciation and preservation of the traditions and cultural expressions of host communities.
MAGICTOUR COLOMBIA S.A.S. rejects any form of discrimination, violence or exclusion, and promotes respect for diversity, inclusion and equity in all its operations.
Similarly, the company adopts a zero-tolerance policy towards the sexual and commercial exploitation of children and adolescents, in compliance with current Colombian legislation. We invite our clients and partners to act responsibly and to report any situation that threatens the integrity of minors.
Regarding personal data protection, MAGICTOUR COLOMBIA S.A.S. guarantees the proper handling of information provided by its clients, in accordance with applicable legislation, ensuring confidentiality, security and responsible use.
Both the company and its clients commit to acting responsibly during the provision of tourism services, respecting the environment, communities and applicable regulations in each destination.
Internet security risks :
MAGICTOUR COLOMBIA S.A.S. provides its clients with different digital channels for consultation, booking and payment of services. However, the use of electronic means involves inherent risks associated with cyber fraud, identity theft and unauthorized access by third parties.
In this regard, the company shall not be responsible for transactions carried out through websites, links or non-official channels, nor for the misuse of client information resulting from fraudulent practices beyond its control.
Clients are advised to verify that transactions are carried out only through official MAGICTOUR COLOMBIA S.A.S. channels, to avoid accessing suspicious links, not to share confidential information with third parties, and to use secure devices with updated protection measures.
Likewise, the client is responsible for the accuracy of the information provided and for the proper use of electronic means during the purchase and payment process.
MAGICTOUR COLOMBIA S.A.S. shall not be responsible for damages resulting from failures in the client’s systems, use of insecure networks or any other situation beyond the company’s operation and control.
FANNY MARĂŤA MUĂ‘OZ ARANGO
Representante Legal / Gerente General