Terms and Conditions

DA MARKET S.A.S. · Tour Operator

DA MARKET S.A.S., as a commercial company acting within its corporate purpose, is subject to the liability regime established by Law 300 of 1996, Decree 1074 of 2015, Law 1480 of 2011, and any other rules that may modify, add to, or amend them. DA MARKET S.A.S. acts as a tour operator (intermediary agent) between the user, client, or traveler, and the provider of the tourism service selected by DA MARKET to meet the client's needs. Accordingly, the client or recipient of the service contracted with DA MARKET understands that DA MARKET is a tour operator whose activity is limited to intermediation between the end client and the direct provider of the requested service — a situation that has been fully and timely disclosed to the user for their understanding in each case, which is confirmed by acceptance of these Terms and Conditions and payment for the contracted service, thereby limiting DA MARKET S.A.S.'s liability to the intermediation activities it performs.

In light of the foregoing, DA MARKET S.A.S.'s end client, as tour operator, understands and accepts the following:

General provisions

• That I am a person of full legal capacity, capable of sound judgment, and therefore there is no limitation whatsoever to contracting the services offered by DA MARKET S.A.S. and enjoying the services offered by its service providers.
• That I have received information from DA MARKET S.A.S. and from the provider of the contracted service in a clear, complete, truthful, transparent, timely, understandable, precise, and suitable manner.
• That I have been informed clearly, and prior to enjoying the contracted service, of the policies, manuals, recommendations, risks, and protective measures associated with it.
• I agree to comply with all personal protection measures and to use any items provided to me, in accordance with the instructions given, in order to safeguard my personal safety, life, and the safety of others participating in the contracted activity or service.
• I agree to provide all contact information required by the operator for emergency purposes, and to obtain the insurance policy required by the operator for the provision of the contracted service.
• That I will make payments for the contracted service in accordance with the instructions expressly given by DA MARKET S.A.S., and into the bank accounts indicated as belonging to DA MARKET S.A.S.
• That I understand and accept any changes that DA MARKET S.A.S. may need to make.
• That I am solely responsible for the custody of my belongings and personal effects, and therefore release DA MARKET S.A.S. from any liability regarding them.
• That DA MARKET S.A.S., as trip organizer, has the authority to make modifications to the contracted travel plan or tourism service in cases of force majeure or unforeseeable circumstances, without requiring the user's, client's, or traveler's acceptance.
• That I will financially compensate any damage caused by my action or omission to the assets made available to me for the contracted service.
• DA MARKET S.A.S. and its providers assume no liability whatsoever for events such as accidents, strikes, riots, earthquakes, weather or natural phenomena, security conditions, political factors, denial of entry permits, health matters, and any other case of force majeure that may occur during the trip; in such cases, only refunds of amounts paid may apply, as the circumstances warrant.
• That DA MARKET S.A.S. is not liable and is therefore released from the performance of contractual obligations when situations of force majeure or unforeseeable circumstances arise, or for causes beyond its control attributable to service providers, the user, the client, or third parties in general.
• DA MARKET S.A.S. and its service providers reserve the right to remove a user when their behavior — reprehensible on disciplinary and/or criminal grounds — creates problems for the normal performance of the service and disturbs third parties; behavior is understood to be reprehensible when it violates morality, public order, or accepted standards of conduct. The user shall bear, at their own expense and risk, any costs arising from their removal from the activity, and shall be the sole party responsible for any claims for compensation and/or damages made by affected third parties, including the service provider, holding DA MARKET S.A.S. and its service providers harmless in such situations.
• DA MARKET S.A.S. is not responsible for personal expenses or expenses beyond the specific plan incurred by the user, nor does it assume liability for damages or losses caused to the user by their own inexperience, negligence, and/or fault. DA MARKET S.A.S. may modify planned itineraries, travel dates, hotels of similar or higher category, transportation, and any other elements necessary to support the successful development of the trip, whether before the trip begins or during it.
• Quoted prices may vary due to changing availability from service providers, over which the tour operator has no control and for which it is therefore not responsible.
• DA MARKET S.A.S., as tour operator, will oversee that services rendered by third parties are optimal and of the quality offered, providing the user with full support and follow-up in forwarding to providers any petitions, complaints, or claims the user wishes to raise, before, during, and after the services are rendered. However, should any difficulty arise on site, the user must report it directly and immediately to the service provider so that the provider may resolve the issue promptly.
• Prices for programs, services, activities, or tourism packages are subject to change without prior notice due to fluctuations in international currencies, government decisions, changes in taxes, fees, or contributions levied on the services provided, and other circumstances beyond DA MARKET S.A.S.'s control; only the prices in effect at the time the service is contracted, according to the payment plan agreed by the parties, shall govern.

Cancellation of services

• If the client requests cancellation of the contracted tourism package or service 6 months to 50 days before the effective date of the contracted service, the client is entitled to a refund of 30% of the total amount paid. Such refund will be made within 30 calendar days following the date of the claim, via bank transfer to the account indicated by the client.
• If the client requests cancellation of the contracted tourism package or service less than 50 days but more than 15 days before the effective date of the contracted service, the client is entitled to a refund of 20% of the total amount paid. Such refund will be made within 30 calendar days following the date of the claim, via bank transfer to the account indicated by the client.
• If the client requests cancellation of the contracted tourism package or service within 15 days of the effective date of the contracted service, the client is entitled to a refund of 15% of the total amount paid, provided the request is due to one of the force majeure events described in the "Force Majeure" section of this document. Such refund will be made within 30 calendar days following the date of the claim, via bank transfer to the account indicated by the client.
• If the client requests cancellation within that same 15-day window, but the request does NOT qualify under any of the force majeure events described in the "Force Majeure" section of this document, the client will only be entitled to the restitution of 10% of the total amount paid; alternatively, tour operator DA MARKET S.A.S. may retain the entirety of the deposit or advance payment received from the client to cover the resulting costs and damages.
• If, once the date for enjoying the contracted service has arrived, the client cancels it, does not make use of it, or does not show up, the client will only be entitled to the restitution of 10% of the total amount paid; alternatively, tour operator DA MARKET S.A.S. may retain the entirety of the deposit or advance payment received from the client to cover the resulting costs and damages.
• Reservations for private properties, villas, yachts, boats, or private flights that have already been blocked and paid for to the corresponding third-party providers are NON-REFUNDABLE under any circumstances, regardless of how far in advance cancellation is requested. This is because such services require full advance payment to third-party providers in order to guarantee exclusive availability of the reserved asset or vessel, and the refund tiers described above therefore do not apply to this type of service.
• In cases where the contracted service must be interrupted due to force majeure or unforeseeable circumstances, illness of the traveler, denial of visas or entry permits, a decision by the destination country to deny the traveler's entry, removal of the traveler for conduct that jeopardizes the trip or violates Colombian law, legal issues, or other causes not attributable to the tour operator or its service providers, the client is only entitled to restitution of 25% of the amount paid, without prejudice to any penalties, sanctions, or indemnities that may apply, for which deductions of up to 10% of the amount paid may be made without requiring the client's authorization. Such refund will be made within 30 calendar days following the date of the claim, via bank transfer to the account indicated by the client.
• In cases where the contracted service must be interrupted for reasons that are NOT force majeure or unforeseeable circumstances, illness of the traveler, denial of visas or entry permits, a decision by the destination country to deny the traveler's entry, Colombian law, or legal issues preventing departure from the country of origin, the client is only entitled to restitution of 10% of the amount paid, without prejudice to any penalties, sanctions, or indemnities that may apply, for which deductions of up to 5% of the amount paid may be made without requiring the client's authorization. Such refund will be made within 30 calendar days following the date of the claim, via bank transfer to the account indicated by the client.
• DA MARKET S.A.S. will terminate any contractual relationship where situations contrary to the law are identified, in particular conduct related to the commercial sexual exploitation of children and adolescents (ESCNNA), and will notify the relevant authorities for their intervention. In such cases, no refund of amounts paid by the client shall apply.

Force Majeure

For purposes of these Terms and Conditions, force majeure or an act of God means any unforeseeable, unavoidable event beyond the control of DA MARKET S.A.S. and its providers that prevents or seriously hinders the provision of the contracted service. Force majeure includes, among others, the following:

• Government restrictions, orders from a competent authority, or border closures.
• Protests, civil disturbances, strikes, or blockades.
• Public security situations posing a verifiable risk to the traveler.
• Natural or weather phenomena (earthquakes, hurricanes, floods, among others).
• Serious illness or medical emergency of the traveler, duly substantiated.
• Denial of visas or entry permits by immigration authorities, not attributable to the client.
• Any other unforeseeable, unavoidable circumstance recognized as force majeure under Colombian law.

Whether an event qualifies as force majeure, and the supporting documentation required to substantiate it (certificates or official notices), shall be at the reasonable discretion of DA MARKET S.A.S. Personal changes, voluntary decisions by the client, or any unjustified reason do not constitute force majeure and therefore do not entitle the client to the refunds described herein.

Payment reversal

Where the client has acquired services offered by DA MARKET S.A.S. as tour operator through e-commerce mechanisms, using credit cards, debit cards, or any other electronic payment instrument, the client is entitled to a payment reversal provided that any of the following circumstances apply, following a substantiated request submitted by the client to DA MARKET S.A.S. within five (5) business days following the date on which the client became aware of the service, or of the fraudulent or unauthorized transaction:

• The client was the victim of fraud.
• The payment corresponds to an unauthorized transaction.
• The purchased service was not received.
• The purchased service did not match the characteristics previously disclosed by the tour operator.

The client must submit a substantiated request indicating the reasons for the reversal request, the grounds invoked as set out here, the amount requested for reversal, and the card type and number used to make the payment subject to reversal. The payment reversal procedure will be carried out in accordance with Decree 587 of 2016.

Personal data processing

In accordance with Statutory Law 1581 of 2012, "which sets out general provisions for the protection of personal data," and Decree 1377 of 2013, "which partially regulates Law 1581 of 2012," the recipient of these Terms and Conditions authorizes DA MARKET S.A.S. to administer and manage personal data, including both private and sensitive data, and consequently for such data to be processed in accordance with the law. The company is likewise authorized to process, collect, store, use, circulate, delete, share, update, transmit, and transfer personal data in order to enable the provision of its own services, reporting to oversight and control authorities, and use for administrative, commercial, advertising, and contact purposes involving the data subjects. Authorization is likewise given so that, in the event images of the recipient are captured during the provision of services (videos, photographs, recordings, etc.), these may be uploaded to DA MARKET S.A.S.'s website and social media for commercial and advertising purposes. Finally, the data subject's right to access, correct, delete, revoke, or file a claim for infringement of the guiding principles of habeas data law is confirmed, requiring only a substantiated request submitted in writing to reservations@colombialuxuryservices.com, indicating in the subject line the right the data subject wishes to exercise.

Acceptance of These Terms and Conditions

The client is deemed to have read, understood, and fully accepted these Terms and Conditions from the moment the first payment or deposit toward the contracted service is made, regardless of the amount or the percentage that such payment represents of the total value of the service. Making this payment constitutes an express and unequivocal manifestation of the client's intent to be contractually bound under the terms described herein, and, as applicable, substitutes for or complements any physical, digital, or electronic signature of this document.

Accordingly, the client may not claim ignorance of these terms once the first payment has been made. The foregoing applies equally where payment is made by a third party on behalf of or representing the client, in which case such third party shall be deemed authorized by the client for that purpose, and their payment shall produce the same binding effects described herein.