Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. THIS IS A BINDING LEGAL AGREEMENT. BY ACCESSING AND CONTINUING TO USE THE SITE, YOU AGREE TO EACH AND EVERY ONE OF THESE TERMS AND CONDITIONS. PLEASE DO NOT USE THE SITE IF YOU DO NOT AGREE TO EACH AND EVERY ONE OF THESE TERMS AND CONDITIONS.

CASA CLANDESTINA with its headquarters at Calle 13 #43D-40, Manila, Medellín, Colombia and its subsidiaries (collectively, “Casa Clandestina”, “we”, “our” or “us”) provide a website to visitors located throughout the world. Our websites include without limitation, this website and other consumer facing platforms operated under our brand. These Terms and Conditions also apply to translations of our Sites. Our Sites are controlled and operated from Colombia and are subject to Colombian law.

The content and information displayed on the Sites are Casa Clandestina’s property and are collectively referred to as “Casa Clandestina Information”. The downloading, reproduction, or re-transmission of Casa Clandestina Information, other than for non-commercial individual use, is strictly prohibited, except to the extent permitted with prior written consent by Casa Clandestina or by travel agents for business-only purposes in accordance with the Travel Agent section below.

Use of Site

The services of the Sites are available only to individuals who can form legally binding contracts under applicable law, and thus, are not available to minors. By using the Sites, you represent that you are of sufficient legal age to use the Sites and to create binding legal obligations for any liability you may incur as a result of the use of the Sites. You also warrant that you are legally authorized to make the travel reservations and purchases for either yourself or for another person for whom you are authorized to act.

The Sites are to be used by you for your personal use only. You agree that you will not use the Sites for chain letters, junk mail, “spamming”, solicitations (commercial or non-commercial) or bulk communications of any kind including but not limited to distribution lists to any person who has not given specific permission to be included in such a list. In addition, you agree not to create a hypertext link from any web site controlled by you or otherwise, to the Sites without the express written permission of Casa Clandestina. You agree not to pretend to be any other person or a representative of any entity, whether actual or fictitious, including an employee or agent of Casa Clandestina or any third party that provides services related to the Sites.

“Chat Area” means any chat area, forum, message board, or similar service offered in conjunction with the Sites. If You participate in a Chat Area, you agree that, in addition to complying with the Terms and Conditions, you will not: defame, abuse, harass, threaten, or make any discriminatory statements about others; advocate illegal activity; use indecent, obscene or discourteous language or images; or provide content that is not related to the designated topic or theme of the Chat Area. You shall remain solely responsible and liable for your use of the Chat Area. Casa Clandestina reserves the right to remove or edit content from any Chat Area at any time and for any reason, however, Casa Clandestina has no duty to do so, and is not responsible for the content or accuracy of any information in a Chat Area.

We reserve the right, at our discretion, to change and or modify portions of these Terms and Conditions at any time without notice and, unless otherwise indicated, such changes will become effective immediately upon posting; therefore, please check these Terms and Conditions periodically for changes. We will display the effective date of these Terms and Conditions at the top of this page.

User Feedback

By submitting any ideas, comments, suggestions or other information: to a Chat Room; or to Casa Clandestina related to improvements to the Sites or services related to the Sites; (collectively, the “Feedback”), You agree that such Feedback shall be deemed, and shall remain, Casa Clandestina’s property. None of the Feedback shall be subject to any obligation of confidentiality on Casa Clandestina’s part and Casa Clandestina shall not be liable for any use or disclosure of any Feedback. Casa Clandestina shall own all rights related to the Feedback (including without limitation intellectual property rights and moral rights) and shall be entitled to use of the Feedback without restriction for any purpose whatsoever, commercial or otherwise, without compensation to you.

Trademarks

Our Sites may contain or reference trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes or other proprietary rights of Casa Clandestina and/or other parties. No license to or right in any such trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes and other proprietary rights of Casa Clandestina and/or other parties is granted to or conferred upon you.

Monitoring

You agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of our Sites, and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor, scrape, or copy our Sites or the Casa Clandestina Information contained therein, or any aspect of the Sites or the Casa Clandestina Information, without the prior express consent from an authorized Casa Clandestina representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to our Sites). Furthermore, you agree that you will not use our Sites for any purpose that is illegal, unlawful, or prohibited by these Terms and Conditions. You agree that you will not interrupt, disrupt, alter, destroy, impair, restrict tamper, or otherwise affect the proper operation of our Sites in any way, including, without limitation, through the use of any malicious or unauthorized code, virus, worm, Trojan horse, malware, or program.

You agree that Casa Clandestina has no obligation to but may monitor and review information you transmit over the Sites. You agree that Casa Clandestina may censor, edit, remove or prohibit the transmission or receipt of any information that Casa Clandestina deems inappropriate or in violation of these Terms and Conditions, and use any such information as necessary to provide the Sites or to protect the rights or properties of Casa Clandestina. You agree that Casa Clandestina may also monitor and review stored information without restriction. You hereby acknowledge and consent to such monitoring and reviewing.

You may not use our Sites in any threatening, libelous, slanderous, defamatory, obscene, inflammatory, pornographic, discriminatory, or otherwise offensive manner. We reserve the right in our sole discretion to revoke or deny your access to our Sites, including, without limitation, if you violate any of the provisions of these Terms and Conditions.

You agree that you will make only legitimate reservations in good faith for use by you and your invited guests only, and not for other purposes, including without limitation, reselling, impermissibly assigning or posting on third party websites, or making speculative, false or fraudulent reservations, or any reservation in anticipation of demand.

Privacy

Your submission of information on the Site is subject to Casa Clandestina’s Group Global Privacy Statement for Guests (available at https://www.casaclandestina.com.co/privacy-policy)

Warranty

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR SITES AND Casa Clandestina INFORMATION ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR ANY GUARANTY OR ASSURANCE THAT OUR SITES AND/OR Casa Clandestina INFORMATION WILL BE AVAILABLE, ADEQUATE, ACCURATE, UNINTERRUPTED, COMPLETE OR ERROR FREE. WE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY MALICIOUS OR UNAUTHORIZED CODE AND YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE APPROPRIATE SCANNING AND PROTECTIVE MECHANISMS FOR THE SECURITY OF YOUR DEVICES, PROGRAMS AND INFORMATION. BY USING ANY OF OUR SITES AND/OR Casa Clandestina INFORMATION, YOU ARE ASSUMING ALL RISK OF LOSS THAT MAY ARISE OR BE ASSOCIATED WITH THAT USE.

Passwords

Our Sites may provide you with the ability to use usernames, passwords, or other codes or devices to gain access to certain portions of our Sites (“access codes”). You are entirely responsible for maintaining the confidentiality of your access codes and for all activities that occur under your account. We reserve the right to immediately terminate your account in our sole discretion and without prior notice to you wherever there is a reason including, for example, if you violate any part of these Terms and Conditions.

Limitation of Liability

To the maximum extent permitted by law, we, other members of our group of and affiliated companies and third parties connected to us hereby expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Sites or in connection with the use, inability to use, or results of the use of our Sites, any websites linked to them and any materials posted on them, including, without limitation any liability for loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

IN THE EVENT Casa Clandestina IS HELD LIABLE FOR ANY DAMAGES RELATED TO THE SITE, TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE LIMITED TO REIMBURSEMENT OF THE CHARGES FOR SERVICES OR PRODUCTS PAID BY YOU.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO THIS SITE BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH SUCH CLAIM OR ACTION IS BASED.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability that cannot be excluded or limited under applicable law.

You shall defend us against any demands, claims or actions brought against us or arising as a result of any breach or violation of these Terms and Conditions by you (“Claim”) and you shall indemnify and hold us harmless from and against any and all losses, damages, costs and expenses (including attorneys’ fees) resulting from any such Claim. We have the right, at our expense, to assume exclusive defense against any Claim and all negotiations for settlement and you agree to cooperate with us in the defense of any such Claim, at our request.

Confidentiality

With respect to all communications you make to us regarding Casa Clandestina Information including but not limited to feedback, questions, comments, suggestions and the like: (a) you shall have no right of confidentiality in your communications and we shall have no obligation to protect your communications from disclosure; (b) we shall be free to reproduce, use, disclose and distribute your communications to others without limitation; and (c) we shall be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information.

Inaccuracies and Errors

Casa Clandestina Information may contain technical inaccuracies and typographical errors, including but not limited to inaccuracies relating to pricing or availability applicable to your transaction. Casa Clandestina does not assume responsibility or liability for any such inaccuracies, errors or omissions, and shall have no obligation to honor reservations or information affected by such inaccuracies. Casa Clandestina reserves the right to make changes, corrections, cancellations and/or improvements to Casa Clandestina Information, and to the products and programs described in such information, at any time without notice, including after confirmation of a transaction.

Mis-Communications / Lost Transactions

Casa Clandestina and any other providers of products or services related to the Sites are not responsible for communication malfunctions, failures, or difficulties, or lost, stolen, or misdirected, transmissions, messages or entries, or the security of any such communications. Further, Casa Clandestina and any other providers of products or services related to the Sites are not responsible for incorrect or inaccurate entry information, whether caused by user(s) or by any of the equipment or programming associated with the Sites, or by any technical or human error that may occur in the processing of any information related to the Sites. Casa Clandestina and any other providers of products or services related to the Sites may cancel or modify reservations where it appears that a user has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the reservations contain or resulted from a mistake or error.

You agree that neither Casa Clandestina nor any other providers of products or services related to the Sites are responsible for any damages that may arise as a result of any travel or hotel arrangements or other orders you request or make on the Sites which are not processed or accepted for any reason.

Travel Destinations

Travel to certain destinations may involve greater risk than others. Casa Clandestina urges passengers to review travel prohibitions, warnings, announcements and advisories issued by their country prior to booking travel to international destinations. Casa Clandestina DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO, OR ACCOMMODATIONS IN, DESTINATIONS WHERE SERVICES ARE OFFERED VIA THIS SITE IS ADVISABLE OR WITHOUT RISK AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO, OR STAYING IN, SUCH DESTINATIONS TO THE FULLEST EXTENT PERMITTED BY LAW.

Hotel/Resort (“Property” or “Properties”) Reservations General Terms

In addition to the other terms and conditions specified on the Sites regarding our Properties, the following general terms and conditions apply to reservations booked on the Sites:

Cancellation policies and other information about specific room reservations and properties may vary by Property and by the type of reservation. Individual rate rules, tax information, applicable charges and cancellation policies are displayed in the “Review Reservation Details,” “Summary of Charges” and “Hotel Cancellation Policy” sections on the room reservation page of the Site.

Availability of Products and Services

Our Sites contain information on Casa Clandestina products and services, not all of which are available in every location. A reference to a Casa Clandestina product or service on one of our Sites does not imply that such product or service is or will be available in your location.

Third-Party Sites

Any use of the maps functionality on this site shall be governed by the End User Terms of Use for the applicable maps application. Casa Clandestina shall have no liability for your use of such third-party maps application for any results, including driving directions, generated by such third-party maps application.

If you choose to leave our Sites via links to other third-party websites, including those of advertisers, our Terms and Conditions and our Privacy Statement will no longer apply. We are not responsible for the terms and conditions or terms of use or privacy policies of those third-party websites, cookies, pixel tags and other similar technologies that they use. In addition, because we have no control over such third-party sites and resources, you acknowledge and agree that Casa Clandestina is not responsible for the availability of such third-party sites or resources, and that Casa Clandestina does not endorse or is responsible or liable for any content, advertising, products, or other materials on or available from such third-party sites or resources.

Governing Law

These Terms and Conditions shall be governed by, construed and enforced in accordance with the laws of Medellín, Antioquía, Colombia, without regard to its conflicts of law rules. The exclusive jurisdiction for any dispute not covered by the terms of the Arbitration provision set forth in these Terms and Conditions may be filed only in the state or federal courts located in Antioquía, Colombia. YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY. The foregoing shall not apply to the extent that applicable law in your country of residence requires application of another law and/or jurisdiction and this cannot be excluded by contract.

If you have questions about these Terms and Conditions, please send an e-mail to privacy@Casa Clandestina.com