Terms & Conditions – VYVEM Colombia

These Terms and Conditions constitute a legally binding agreement between VYVEM Colombia, legally incorporated under the laws of the Republic of Colombia, registered under NIT 901817200-2 and domiciled at Cra. 43A #11a-44, El Poblado, Medellín, Antioquia, and you (“the Client” or “Participant”) booking a Packaged Tour or Day Tour. By booking a service with VYVEM Colombia, you acknowledge that you have read, understood, and agreed to these Terms, pursuant to Colombian Civil Law (Código Civil), Law 300 of 1996, and Law 1480 of 2011.

1. Contract Formation

The travel service contract is valid and binding from the moment you receive a written booking confirmation after VYVEM receives a 50% deposit of the total package value. This contract is governed under Article 1613 of the Colombian Civil Code and includes all information provided by you.

You must be 18 years or older to make a booking. You are responsible for ensuring the accuracy of all data submitted.

2. Booking on Behalf of Others

If you are booking for others, you represent that you have their legal authorization. You accept full responsibility for making all required payments, sharing updates, and communicating these Terms to all participants.

3. Medical Conditions and Fitness to Travel

You are responsible for assessing your physical and mental capacity to participate in the booked tour. VYVEM may request a medical form signed by a licensed physician if necessary. Pregnant travelers beyond 24 weeks of gestation or individuals with serious conditions may be restricted from certain activities.

Failure to disclose relevant medical conditions may result in denied participation without refund, in line with the general duty of good faith under Article 1603 of the Civil Code.

4. Special Requirements and Accessibility

Special dietary needs or accessibility requirements must be informed at the time of booking. While we will strive to accommodate such requests, we do not guarantee their availability due to local limitations.

5. Age Requirements

Minors (under 18) must be accompanied by a responsible adult and cannot travel unaccompanied. Necessary documentation (e.g., written consent) must be presented as per Colombian migration laws.

6. Travel Insurance (Mandatory)

You must obtain comprehensive travel insurance that includes:

Minimum coverage of USD $200,000 for medical expenses, evacuation, and repatriation.
Coverage for accidents, delays, cancellations, and lost luggage.

You are fully responsible for securing adequate insurance as required under Article 17 of Law 300 of 1996, which mandates safety measures for travelers.

7. Tour Prices and Taxes

All prices include applicable Colombian taxes (including IVA when applicable). VYVEM reserves the right to adjust prices due to major currency fluctuations or increases in transportation/fuel costs exceeding 2% of the original package cost. In such cases, you may cancel with a full refund if the increase exceeds 7%, in accordance with Article 5 of Law 1480 of 2011.

8. Deposit Policy

A deposit of 50% of the total package cost is required to secure your booking. This deposit is non-refundable within 90 days of departure.

9. Final Payment

Full payment must be made 90 days prior to departure. Failure to comply will result in the cancellation of your booking and forfeiture of your deposit. These timelines are enforceable under Colombian Civil Code contract provisions (Art. 1546).

10. Cancellation Policy

If you wish to cancel, the following will apply:

90+ days before departure: 50% of your deposit will be refunded to the original payment method.
89 days or fewer before departure: No refund. The entire payment becomes non-refundable.

We do not offer lifetime deposits or travel credit. Refunds are handled strictly in accordance with Article 47 of Law 1480 (Consumer Rights and Right to Withdraw).

11. Cancellation by VYVEM Colombia

If VYVEM cancels a tour for reasons beyond our control (Force Majeure, per Article 64 of the Civil Code), you will be offered one of the following:

A comparable or superior alternative tour,
A tour of lesser value plus a refund of the difference,
A full refund minus unrecoverable costs.

VYVEM is not liable for external expenses (e.g., non-refundable airfare or visa fees).

12. Travel Documentation

You are responsible for holding valid passports (minimum 6-month validity), visas, and other required entry documents. VYVEM assumes no liability for denied entry or delays due to missing or incorrect documentation. This is reinforced under Article 7 of Law 1480 on personal responsibility in contract fulfillment.

13. Flexibility and Unused Services

Tour itineraries are subject to reasonable changes for safety or operational concerns. No refunds are provided for missed or unused services once the tour has started.

14. Participant Behavior

You agree to follow local laws and respect cultural norms. VYVEM reserves the right to remove any participant engaging in illegal or disruptive behavior without refund. This clause is enforceable under Article 1609 of the Civil Code (termination for breach of contract).

15. Third-Party Suppliers

Some services (e.g., transportation, lodging) may be provided by third parties. While we work with vetted suppliers, VYVEM is not responsible for their acts or omissions. Your rights against them are governed by Colombian commercial law and the General Tourism Law (Art. 18, Law 300).

16. Optional Activities and Excursions

Optional tours or experiences not included in the itinerary are undertaken at your own risk. VYVEM assumes no liability for injuries, losses, or dissatisfaction resulting from such activities.

17. Limitation of Liability

VYVEM’s liability for any damages shall not exceed the amount paid by you for the tour. We are not liable for indirect, incidental, or consequential damages (including lost enjoyment or earnings), in accordance with Article 16 of Law 1480 of 2011 and Articles 2341–2347 of the Civil Code.

18. Force Majeure

Events beyond VYVEM’s control (e.g., natural disasters, civil unrest, government restrictions, pandemics) are considered Force Majeure under Article 64 of the Civil Code. In such events, services may be delayed, changed, or canceled without liability.

19. Image Use and Marketing

You grant VYVEM a royalty-free, worldwide license to use images or videos captured during the tour for marketing purposes, unless you opt out in writing before departure, per Law 1581 of 2012 on data and image rights.

20. Privacy and Data Protection

VYVEM complies with Law 1581 of 2012 and Decree 1377 of 2013 concerning personal data protection. Your information is used only to provide services or communicate regarding your booking. You may request correction or deletion of your data by contacting us at info@vyvem.co.

21. Applicable Law and Jurisdiction

This agreement is governed by the laws of the Republic of Colombia, including the Civil Code, Law 1480 of 2011, and Law 300 of 1996. Any dispute shall be resolved before the competent civil courts in Medellín, Antioquia.

22. Modifications

VYVEM reserves the right to modify these Terms. Updated versions will be published on our official website and will enter into force 10 days after publication.