Accommodation contract on the beach of the Sas Islands

ACCOMMODATION CONTRACT LA PLAYITA DE LA ISLA SAS

Accommodation contract Hotel La Playita Isla Fuerte – Córdoba.

1. OBJECT
By virtue of this contract, the company LA PLAYITA DE LA ISLA SAS, identified with NIT 901.032.850 - 1 hereinafter the HOTEL, will provide accommodation to the Guest, identified by his/her identity card number hereinafter the GUEST, in the room and its accessory spaces, in exchange for a price, for the number of days indicated at check-in. In no case may the term exceed 30 consecutive days, unless mutual agreement is reached (in which case, this contract will have some modifications as annexes to it). 1.1.- The room will be the one indicated at check-in. THE HOTEL may make a room change if the guest accepts it and it is a room of equal or better conditions, or in the event of a fortuitous event or force majeure. 1.2.- Check-in time is from 3:00 p.m. on the day of arrival and check-out time is until 11:00 a.m. on the day of departure. Early check-in or late check-out after the indicated time will be subject to availability and the GUEST must pay the value corresponding to the late check-out of the day which will give him/her access to the room until 2:00 p.m.; after 2:00 p.m., the HOTEL will automatically charge the night's fee. In the event that there is no availability, the HOTEL will have the right to inventory, organize and remove the GUEST's belongings from the room and store them in a secure area without liability for loss or damage to his/her personal items. 1.3.- Accommodation will be provided regardless of the time that the GUEST actually stays in the room. Partial use will result in payment of the full rate. 1.4.- The provision of the services covered by the contract and any complementary services offered by the hotel will be subject to availability and the schedules, shifts or physical stock of supplies, goods, facilities or spaces for this. The room and the price or rate per night will be the one indicated at check-in and corresponding to the reservation.

2. PRICE
2.1.- The price of this contract corresponds to the nightly fee that the GUEST agrees to pay and which amounts to the sum indicated at check-in and corresponds to the reservation made, all of which is described in the corresponding invoice, unless the reservation has been made and paid through a travel agency, in which case the rate will be the one agreed directly with the agency. 2.2.- The GUEST must also pay all charges for food, drinks, laundry and in general for all those that are generated during his stay and that he decides to charge to his account. 2.3.- The GUEST declares that he has been informed of the rates, fees and in general prices of the rooms per night. 2.4.- Failure to comply with the agreed payment will generate late payment interest at the GUEST's expense at the maximum rate permitted. 2.5.- Services and/or products that have not been specified at the time of purchasing the service through any of our channels will not be included in the purchased package.

3. CUSTODY OF MONEY AND VALUABLES
The HOTEL has the option of storing valuables such as jewelry, cameras, cell phones and electronic equipment in the reception area after checking their operation, and therefore recommends that its GUESTS use this service.

There is a safety deposit box in the room at the guest's disposal, but the HOTEL is not responsible for the loss or damage of the items stored there. Valuables that remain in the room or in service areas other than those available for storage by the HOTEL will be under the custody and risk of the GUEST, since in this case the HOTEL assumes no responsibility in the event of loss or damage.

4. OBLIGATIONS
4.1.- OF THE HOTEL 4.1.1.- Provide the service covered by the contract. 4.1.2.- Attend to, receive, process and respond to suggestions, complaints or claims submitted by the guest. 4.2.- OF THE GUEST. 4.2.1.- Identify themselves to register at the HOTEL with a suitable identity document, presenting their citizenship card in the case of being Colombian or their passport or applicable document in the case of foreigners. The entry and registration of a minor at the Hotel must be done in the company of their parents, presenting the Civil Registry; in the case of foreigners, present an equivalent document. If the minor is accompanied by an adult who is not one of their parents; the responsible adult must present an original and authenticated authorization letter for the stay made by their parents, indicating: Name (of the minor and the parents), ID number, signatures and photocopy of the parents' identity. For minors without parents or those who are not in a position to grant permission or when there is no legal representative, the authorization must be processed before the ICBF. If at the time of entry to the HOTEL all the requirements indicated in the HOTEL's policies for minors are not met, the minor will NOT be allowed to enter and the penalties that exist for the date of the trip will be charged. In all cases, the responsible adult must submit the Authorization Form for Entry of Minors in the Company of Third Parties, which can be downloaded from the website www.laplayitaislafuerte.com These documents must be presented prior to arrival and with the original papers. This is based on the HOTEL's policies for minors. 4.2.2.- Pay the value of the lodging plus the corresponding taxes. Any foreigner residing abroad who enters the national territory without the intention of settling in Colombia and who proves such status at check-in by presenting the original passport, the Andean card or the Mercosur card with the current physical stamp of the Entry and Stay Permit (PT) or Tourist Permit, or the current Temporary Visa TP-7, TP-11, or TP-12 or with a visitor Visa stamp identified with the letter V, will be exempt from paying VAT on their accommodation. We recommend requesting or verifying with Immigration the physical stamping of the corresponding stamp upon entering the country. Any Colombian resident abroad to apply for tax exemption must present a Foreigner's Identity Card or Certificate of Residence issued by the Colombian consulate in the country of residence. Remember that passports from another country (without the respective stamp) or driving licenses from abroad are not valid documents to prove residence abroad. 4.2.3.- Pay the value of all consumption and charges made to your account. 4.2.4.- Observe decorous conduct and dress appropriately. 4.2.5.- Respond to the slightest negligence of your obligations and those of your companions or guests. 4.2.6.- Register at the hotel reception all companions or guests of the GUEST who go to your room and pay the fee or corresponding value for each one of them. 4.2.7.- Respect the number of people per room. 4.2.8.- THE GUEST certifies that he/she is in good physical shape and good health as of today, and acknowledges that the practice of sports, physical exercise, driving of ships or vehicles, use of instruments or tools and in general any activity that entails a risk or that may be considered a dangerous activity, will be his/her decision, under his/her exclusive responsibility and implies that the GUEST has the skills and knowledge that allows him/her to assume said risks, exonerating the HOTEL and its officials or employees from any liability, including, among others, liability arising from negligence or own fault, for death, disability or personal injury that may occur within the HOTEL. 4.2.9.- Use the furniture, fixtures, equipment and in general all those elements both in the room and in the common areas of the HOTEL, in an appropriate manner, keeping them in the condition in which they are found and therefore will be liable for any damage or loss of the elements and property of the HOTEL, even in the case of slight negligence. In the event of total or partial loss or damage to the HOTEL's property due to a cause attributable to the GUEST or his companions, the GUEST must pay the corresponding price for its repair or replacement, as the case may be. 4.2.10.- Respect the authority of the HOTEL Manager and the corresponding staff. 4.2.11.- Allow the right of inspection and/or surveillance of the room by HOTEL officials. This right will be exercised in a reasonable manner and includes the power to enter or search the room when, in the opinion of the HOTEL Manager or his substitute, it is considered necessary. 4.2.12.- Allow employees and officials of the HOTEL access for routine tasks and cleaning of the room.

5. TERMINATION OF THE CONTRACT
The lodging contract will terminate in the following events: 5.1- Due to expiration of the agreed term. 5.2.- Due to non-compliance with any of the obligations of the parties and specifically due to non-payment of the price or fee by the GUEST or due to non-payment of food and beverages or other complementary services that the GUEST has charged to the room or to his personal account. 5.3.- In the events in which, in the exclusive judgment of the HOTEL, the behavior or clothing of the GUEST threatens the tranquility and/or health of other guests or visitors to the HOTEL. 5.4.- Due to smoking in the room or in any other smoke-free space in the Hotel, when other guests, visitors or users are affected and without prejudice to the payment that must be made under the terms established below. Paragraph: The termination of the contract does not exonerate or release the GUEST from payment of outstanding balances.

6. EFFECTS OF TERMINATION
6.1.- Upon termination of the contract, the Hotel may freely dispose of the room. 6.2.- Upon termination of the contract and regardless of the cause of termination, the HOTEL is authorized to enter the room, prepare and sign an inventory of the guest's belongings and luggage and remove them from the room to leave them in a safe and appropriate storage, without liability on the part of the HOTEL and at the expense and risk of the GUEST. 6.3.- If the GUEST does not pay the bill or part of it, the HOTEL may dispose of and sell the GUEST's luggage and belongings in accordance with article 1199 of the Commercial Code, in order to cover outstanding obligations with the proceeds. Any surplus, if any, will be made available to the GUEST. In the event of a deficit, the Hotel may initiate the corresponding actions to obtain full payment of the amount owed.

7. CANCELLATIONS AND/OR MODIFICATIONS
According to article 65 of law 300 of 1996 on non-shows, when the user of tourist services fails to comply by not showing up or not wanting to use the agreed services, the provider may demand to retain the deposit or advance payment previously received from the user; on all reservations in case of non-compliance by the tourist or client, the advance payment previously received by the user is retained; therefore, there is no refund of money after depositing until 5 days after making the reservation. However, the user can make changes to the reservation with one week's notice, and the remaining payments as extras can be redeemed in the services provided by LA PLAYITA DE LA ISLA SAS, which include bar, restaurant, activities, diving center and transportation service, and the same lodging. In case the modification is within two weeks prior to arrival, the GUEST will have to abide by the cancellation and modification policies of the HOTEL.

8. MISCELLANEOUS
8.1.- Legal nature of the contract. In accordance with article 79 of law 300 of 1996, the lodging contract is a lease contract, of a commercial nature and of adhesion. 8.2.- The lodging contract is proven by the signature of the GUEST, which states that he adheres to the stipulations contemplated here. THE GUEST expressly accepts that the liquid sum of money that appears on the invoice will provide executive merit. 8.3.- The HOTEL rejects and does not allow sexual exploitation or any form of sexual abuse. The HOTEL rejects and does not allow sexual tourism nor does it allow the exploitation or sexual abuse of girls, boys or adolescents. The GUEST may not enter his room with minors under eighteen (18) years of age for sexual tourism and whoever does so will incur a prison sentence of 5 to 10 years and a fine of 50 to 100 smlmv. The penalties indicated in the previous section will be increased by up to half (1/2) when the conduct is carried out with minors under twelve (12) years of age. 8.4.- Charges for smoking in the rooms. Being consistent with the care of the environment and health, all rooms and some areas of the hotel are smoke-free. Smoking in the room or in any other closed space of the Hotel constitutes a serious breach of the lodging contract that gives rise to its termination and may be removed from the HOTEL if it has affected other guests, visitors or users. If the GUEST smokes in the room, for each day that he/she does so, he/she must pay the cost that the HOTEL must incur to deodorize and clean the room, which is estimated at a sum equivalent to $30,000 (thirty thousand MCte pesos), and the value of (2) nights at the rate corresponding to his/her accommodation, since the cleaning and deodorization process implies that the Hotel cannot use the room for the following two (2) nights. Failure to comply with the smoking ban and the improper use of flammable items within the Hotel facilities may result in legal and civil sanctions, in addition to financial liability for damages caused to third parties, the Hotel or its properties. All guests recognize and accept the risks inherent to flammable facilities and, therefore, release the Hotel, its employees, representatives and owners from any liability for accidents, personal injuries or loss of property that may arise as a result of failure to comply with the established safety measures. 8.5.- The HOTEL promotes compliance with Resolution 572 of 2005 and other regulations for the conservation of Flora and Fauna, as well as the conservation of cultural heritage and assets of cultural interest and contributes to and promotes compliance with Law 397 of 1997 and other applicable regulations. 8.6.- The HOTEL rejects any form of discrimination, distinction, exclusion, restriction or preference on the basis of gender, race, colour, national or ethnic origin, religion, political opinion or for any other reason or condition that has the purpose or effect of impairing, restricting or limiting the full enjoyment of fundamental rights and freedoms. 8.7.- The sale of alcoholic beverages to minors is prohibited, Law 124 of 1994. Excessive alcohol is harmful to health, Law 30 of 1986. 8.8.- In accordance with the provisions of Law 1185 of 2008 in Colombia, the illegal trafficking of Cultural Assets is prohibited. 8.9.- Anti-smoking Law 1335 of July 21, 2009. 8.10 the following documents are incorporated and form part of this contract as annexes:

– Website usage policies
– Browsing and cookie usage policies
– Data processing policies
– Policies on hosting minors
– Reservation policies
– General hotel policies
– PetFriendly Policies

9. DISCLAIMER
Disclaimer of Liability for Animal Bites or Stings on Public Beaches. The HOTEL informs its guests that the beaches adjacent to the establishment are publicly accessible and are not under its direct control. Since the beaches are natural areas and open to the general public, there is a possibility that guests may encounter various situations and inherent risks, such as the presence of jellyfish or poisonous animals on the beaches or in marine waters.

While THE HOTEL strives to provide up-to-date information on local conditions and potential threats on the beach, including the occasional presence of jellyfish, it cannot guarantee or control the appearance of any marine organisms or completely prevent stings. Jellyfish, crustaceans, fish, etc., are living beings found in their natural environment and their appearance may vary depending on environmental factors beyond the control of THE HOTEL.

Therefore, by using the public beaches adjacent to the hotel, guests accept and acknowledge that:

1. The beaches are publicly accessible and are not the property or exclusive responsibility of the Hotel.
2. The presence of jellyfish and marine animals in marine waters is a possibility, and stings or bites may occur as a result of interaction with these organisms.
3. The Hotel assumes no responsibility for bites from marine or land animals or for any medical or personal consequences that may arise from such bites.
4. Guests are advised to take necessary precautions to protect themselves, such as informing themselves about local conditions, following the instructions of the relevant authorities and taking preventive measures, such as wearing appropriate clothing and applying repellent products.

Pursuant to the foregoing, guests release The Hotel, as well as its directors, employees, contractors and representatives, from any liability in relation to stings or bites from marine or terrestrial animals occurring on the public beaches adjacent to the hotel. By using these areas, guests voluntarily assume the inherent risks and release The Hotel from any claim, demand or legal action related to stings or bites.

10. DATA PROCESSING
10.1.- Privacy notice, authorization to use data and information. By signing this contract, the GUEST expressly authorizes the company LA PLAYITA Hotel SAS with NIT 901.032.850-1, to collect and use the information and personal data provided by the GUEST at check-in, such as name, address, identification, nationality, date of birth, email address, landline and mobile telephone number, personal preferences and interests, work or activity, in accordance with the secure information processing policies established by the Hotel itself and by current laws for the purpose of carrying out loyalty activities and contacting the owner of the information to send service surveys after each stay that allow the rating of the service provided, and to communicate invitations, offers, promotions, service portfolio or general information that is aimed at continuing to use the Hotel and offering the corresponding services. The GUEST authorizes that the information be transferred, transmitted, shared and provided to the Logística de La Playita Hotel SAS company, exclusively for the purposes described previously.

The GUEST, as the owner of the personal data, will enjoy all the rights under the law, as expressly described in article 8 of Law 1581 of 2012 and in particular will have the right at all times to know, access, update and rectify his/her personal data, revoke the authorization granted or request the deletion of information when appropriate.

The information processing policies may be consulted at the reception of the HOTEL, where a physical copy of them is kept, or on the website www.laplayitaislafuerte.com in the terms and conditions section. The company LA PLAYITA DE LA ISLA SAS, as data controller, may be contacted for any relevant matters by calling 57 321 7155513 – 57 300 4757368 or by email at info@laplayitaislafuerte.com or comercial@laplayitaislafuerte.com.


Other considerations:

GENERAL REGULATIONS OF THE FACILITIES:


Check-in and Check-out

Check-in time is 3:00 pm and check-out time is 11:00 am. Late check-out will apply from 11:00 am and will cost 50,000 per room and will allow the use of the room until 2:00 pm. If after 2:00 pm the guest has not yet checked out, the value corresponding to an additional night will automatically be charged; in case of unavailability in the room, our team will have the authority to inventory, organize and remove the guest's personal items from the room without responsibility for loss or damage.


Breakfasts

All reservations come with breakfast included, which will be served from 8:00 am to 10:00 am; after this time, the value of breakfast will be as indicated on the restaurant menu and will be the guest's responsibility.


Alcoholic beverages and psychoactive or hallucinogenic substances.

The consumption of alcoholic beverages and/or food other than those provided by the hotel is not permitted in its common areas. Likewise, the carrying, consumption and sale of psychoactive, hallucinogenic or narcotic substances is prohibited in the hotel facilities. The sale of alcoholic beverages to minors is prohibited, Law 124 of 1994. Excessive alcohol is harmful to health, Law 30 of 1986.


Fire prevention

Our facilities are highly flammable due to their construction with natural materials, such as wood, straw and other elements native to the island. Therefore, a strict prohibition is established on smoking cigarettes, lighting candles, incense or other flammable items within the rooms and common areas of the Hotel. For those guests who wish to smoke, specific and safe areas are designated outdoors, where tobacco consumption is permitted. Failure to comply with the smoking ban and the misuse of flammable items within the Hotel facilities may result in legal and civil sanctions, as well as financial liability for damages caused to third parties, the Hotel or its property. All guests acknowledge and accept the risks inherent to flammable facilities and, therefore, release the Hotel, its employees, representatives and owners from any liability for accidents, personal injuries or loss of property that may arise as a result of failure to comply with the established safety measures.


Lost and Found

At the end of the stay, the guest agrees to return the keys provided by the Hotel and to return the towels and other items borrowed in good condition. Failure to do so means that the Hotel may apply an additional charge for the replacement or repair of said items. The value for lost keys is $30,000 and the hotel is authorized to charge the costs associated with the loss or damage of these, and the cost of towels is $50,000 per towel.


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