This Website is operated by MASAYA OPERATIONS S.A.S., a commercial company identified with NIT. 901.713.003-0, domiciled at Calle 8 No. 43A – 89, El Poblado – Medellín, Antioquia, Colombia; hereinafter referred to as "MASAYA."

This document sets forth the policies for the use of the website https://www.masaya-experience.com/, as well as the conditions for the acquisition of services through the platform provided on said Website.

By visiting our Website and/or purchasing any service, you participate in our “Service” and agree to be bound by the following terms and conditions, including the additional terms and conditions and policies referenced herein and/or available via hyperlink. These terms of service apply to all users of the site, including, but not limited to, users who are browsers, buyers and/or acquirers, suppliers, customers, merchants, and/or contributors of content.

Le solicitamos al Visitante y/o Usuario de este Sitio Web que lea detallada y cuidadosamente este documento antes de iniciar su exploración o utilizaciónWe request the Visitor and/or User of this Website to read this document thoroughly and carefully before beginning their exploration or use, as the Visitor and/or User of the Website, by entering or using the services offered on this webpage, accepts these terms and conditions, committing to comply with them; therefore, if you do not agree with the established provisions, please refrain from accessing this site and/or using any information or service provided by it.

Any new feature, tool, or service added to the Website will also be subject to these Terms and Conditions.

You can review the most recent version of the Terms and Conditions at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes on our Website. Modifications and/or updates made will take effect once published on the Website. It is your responsibility to periodically review this page to be aware of any changes. Each new access by the Visitor and/or User to the Website constitutes acceptance of the terms of use established in this document.

The headings used in this agreement are included for convenience only and will not limit or affect these Terms and Conditions.

• DEFINITIONS

For the application and purposes of this document, the following terms are understood as:

• Website or Site: https://www.masaya-experience.com/ https://www.masaya-experience.com/ 
• Visitor and/or User: a natural or legal person who accesses the Website to consult information of interest and/or acquire services. Additionally, anyone who acquires services on the Website may also be referred to as “Client and/or Guest.
• Contents: all forms of information or data disclosed on the Website, including, but not limited to, texts, images, graphics, photos, logos, designs, animations, videos, and audio.

• COPYRIGHT 

The graphics, images, texts, designs, compilations, and other contents of this Website are the exclusive property of MASAYA. All trademarks and logos appearing on the page are the property of MASAYA or third parties who have authorized us to include such signs.

Visitors and/or Users are expressly prohibited from modifying, transmitting, or using the contents of the Website for commercial purposes, unless they have prior, express, and written authorization from MASAYA.

The Visitor and/or User assumes responsibility of any nature for the improper or unauthorized use of the contents of the Website protected by intellectual or industrial property laws. Therefore, they must cover the damages caused both to MASAYA and to the holders of the intellectual property rights of the Website contents, for acts committed directly by the Visitor and/or User or by an intermediary with their consent, or using any other mechanism as an instrument to infringe such rights.

• USE RESTRICTIONS 

Users and/or Visitors are responsible for their conduct and communications while using the Website, and thus commit to using the Website in accordance with applicable law, the conditions set forth in this document, public order, morals, and good customs.

None of the Services are intended for use by persons under eighteen (18) years of age or by incapacitated individuals. If you are under eighteen (18) years of age and/or do not have the legal capacity to formalize a contract or enter into an agreement with MASAYA, please refrain from using the Website.

Additionally, Users and/or Visitors may not misuse the Website, which includes, but is not limited to, engaging in the following actions:

•  Copying, reproducing, distributing, communicating, publishing, transferring, transforming, selling, or using the Website's Contents for commercial or advertising purposes.
• Using automatic programs, mechanisms, or manual processes to monitor, copy, summarize, or otherwise extract information from the Website.
• Providing false or incorrect data that may mislead.
• Sending or transmitting obscene, defamatory, injurious, slanderous, or discriminatory content against any natural or legal person.
• Introducing or disseminating computer viruses or any other destructive code on the network.
• Introducing or disseminating computer viruses or any other destructive code on the network.
• Altering, blocking, or performing any other act that prevents the display of any Content or access to any Service on the Website.
• Conducting cyber attacks, intercepting communications, unauthorized use of terminals, or identity theft.
• Infringing commercial patents, registered trademarks, trade secrets and industrial secrets, publicity rights, or any other rights of natural or legal persons.
• Impeding or disrupting the use of the Website by third parties.
• Using third-party accounts and passwords, or any other information without the prior consent of their holder.
• Transmitting SPAM, chains, junk mail, or any other type of unsolicited mass mail from this site.
• Engaging in harassment, threats, stalking, spam advertising, or vandalism.
• Soliciting personally identifiable information for the purpose of harassment, exploitation, privacy violations, or any promotional and/or commercial purpose.
• Engaging in or participating in fraudulent activities.
• Disrespecting or mistreating any of our staff responsible for resolving inquiries and providing advice through the chat.
• Providing false and inaccurate information in the data required for acquiring the offered services.
• Misusing this Website or our services for any kind of illegal activity. 

MASAYA may withdraw or suspend the provision of services at any time and without prior notice to Users who have violated the provisions set forth in this document, or who have violated laws, morals, or public order. The exclusion of the user does not constitute a waiver of the right to take legal action to enforce liability.

• SCOPE OF SERVICES

The content of this Website is for informational and practical purposes, as it allows the User and/or Visitor to learn about and acquire the services offered by MASAYA.

• LIMITATION OF LIABILITY

• MASAYA has no obligation to update the Website or the information contained therein, and therefore disclaims any responsibility for the non-updating of such information. 
• MASAYA warns that the material may contain inaccuracies or typographical errors and does not guarantee, expressly or implicitly, its accuracy, truthfulness, precision, reliability, or timeliness.
• This site may contain certain historical information. Historical information is not necessarily current and is provided for your reference only. We reserve the right to modify the content of this site at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our Website.
• MASAYA makes constant efforts to display images and photographs of the places where services are provided as faithfully as possible to the original place or establishment. However, some locations may vary in certain characteristics. Therefore, MASAYA shall not be liable for any purchase decisions made by the Visitor and/or User based on the use of this Website.
• MASAYA does not guarantee the availability and continuity of the Website's operation, nor its usefulness for any particular activity. 
• MASAYA cannot guarantee that the Website or its server are free from errors, viruses, or other harmful mechanisms and is not responsible for any damage that the Visitor and/or User's equipment may suffer as a result of its use.
• Access to this website is the sole responsibility of the Users. The risks arising from its use are the sole and exclusive responsibility of the user.
• MASAYA is not responsible for the content, products, and/or services that may be obtained through links to advertising or third-party websites (links) through this website. The presence of links is for informational purposes only and does not imply any relationship between the owner and the owners of the websites that can be accessed through these links.

SPECIFIC SERVICE CONDITIONS

• CONTRACTUAL PROCESS

The contractual process carried out through the Website involves the following steps: 

1. Selection of the hotel, offer, room, and dates of stay on the main page through the search parameters. 
2. Choice of room type and number of people.  
3. The customer will be redirected to an external page outside the Website to enter personal data related to the reservation, as well as the bank card used as a reservation guarantee, and acceptance of the general reservation conditions. 
4. The reservation will be formalized by displaying the confirmation page. 
5. A confirmation email with the reservation details will be sent. 

Upon formalizing the reservation, an electronic document will be generated which will later be incorporated into MASAYA’s records. The User will have full access to and knowledge of this document at all times by receiving an email with its content upon completion of the reservation process. 

Once the reservation is formalized, the client is requested to review its content so that any material errors in data entry can be identified;if correction is necessary, the user may call the location where the reservation was made or send an email to its contact email address, providing the identifying details of the reservation.

Below, we provide the contact information: 

• APPLICABLE LAW

The relationships between the owner of the website and the Users will be governed by Colombian law. 

• RESERVATION

• The clients select the services offered on the Website; they acknowledge being aware of the nature, purpose, and modalities of the reservation of available services. Likewise, they acknowledge having requested and obtained the necessary or supplementary information to make the reservation with full knowledge of the facts. 
• At the time of making the reservation, the client must enter their card details as a guarantee for the reservation. 
• For group reservations, please contact the hostel directly.
•  The client is solely responsible for the selection of services they make and for their suitability to their needs, so it will not be possible to hold MASAYA accountable for these reasons. 
• It will be considered that by completing the reservation process, the client fully accepts it.

• PRICE OF SERVICES

• The prices of our services are subject to change without prior notice, except for confirmed reservations, unless there is a modification of legal or regulatory taxes established by the competent authorities.
• We reserve the right to modify or discontinue the service (or any part or content thereof) at any time without prior notice and without giving rise to any compensation.
• We will not be liable to you or any third party for any modification, price change, suspension, or discontinuation of the service.
• Residents in Colombia must pay a 19% VAT on the value of their stay, which is not included in the final reservation rate. Foreigners and non-resident Colombians will be exempt from VAT only if the purpose of their trip is:

• Receiving medical treatment.
• Rest or leisure activities as a tourist.
• Attending or participating in cultural, scientific, or sports events, conventions, or business.
• Groups of tourists in maritime transit on a cruise. For this, the passport must be stamped with the TP code with a validity of 90 days. The Guest will be responsible for all charges incurred during their stay. During check-in, the hotel may require a deposit and a credit card as a payment guarantee. The Client authorizes MASAYA Hotel to use their credit card to pay the total invoice.

• The Guest will be responsible for all charges incurred during their stay.
• During check-in, the hotel may require a deposit and a credit card as a payment guarantee. The Client authorizes MASAYA Hotel to use their credit card to pay the total invoice.

• PAYMENT METHODS

At the time of check-in and once the reservation is verified, MASAYA will request that the Client make the payment through the following means: in cash or using credit or debit cards issued by Colombian or foreign financial institutions that belong to one of these brands:

• VISA
• MASTERCARD
• AMEX

Unless otherwise specified for particular cases or offers of certain services, the services offered on the Website can only be paid for using the means specifically indicated in each case.

The Website may specify certain payment conditions according to the payment method used by the Visitor and/or User.

• RIGHT OF WITHDRAWAL 

Users of the Website have the possibility to exercise the right of withdrawal of their purchase or reservation, meaning they can request the reversal of the purchase or reservation.

In accordance with current legislation, the exercise of the right of withdrawal is subject to the following conditions:

• The right of withdrawal must be exercised within five (5) business days following the confirmation of the reservation.
• MASAYA will refund the money without any deductions, by bank transfer to the account from which the payment was made, or to the one authorized by the buyer, within no more than thirty (30) calendar days from the moment the right was exercised.
• To exercise the right of withdrawal, you must contact the customer service channels provided in this document.

• PAYMENT REVERSAL

The law stipulates that in sales made through electronic commerce mechanisms, such as the Internet, and when a credit card, debit card, or any other electronic payment instrument is used for payment, the payment process participants must reverse payments requested by the consumer in cases of fraud or unauthorized transactions.

For the payment reversal to proceed, within five (5) business days following the date on which the consumer became aware of the fraudulent or unauthorized transaction, the consumer must file a complaint with the provider and notify the issuer of the electronic payment instrument used for the purchase. The issuer, together with the other payment process participants, will proceed to reverse the transaction to the buyer.

• CANCELLATION AND MODIFICATION POLICY

Reservations can be canceled or modified up to 3 calendar days before the Check-In date. In case of cancellation outside of this period or failure to show up on the Check-In date, 20% of the reservation value will be charged. Reservations can be canceled by contacting the customer service channels provided in this document.

• HOTEL REGULATIONS

Each Masaya Hotel has an internal regulation. By making a reservation, the Guest agrees to respect it while staying at the establishment. Any behavior contrary to the internal regulations, good manners, or public order may allow the hotel to request that the client leave the establishment without any compensation or refund if a charge has already been made. 

• LOSS AND DAMAGES

• MASAYA, its employees, and contractors shall not be liable for personal accidents, losses, theft, or damages to the belongings of its clients. We recommend purchasing travel insurance.
• The Client shall be responsible for any loss or damage caused to items in the room, room entry card, or any other hotel property, specifying that the price will be charged to the room account.

• CHECK-IN AND CHECK-OUT

CHECK-IN: From 3:00 PM (15:00). The client has the possibility to arrive earlier at the Hotel to enjoy the common areas or leave their luggage while waiting to enter the room.

MASAYA reserves the right of admission.

CHECK-OUT: Until 11:00 AM. Unless expressly agreed otherwise, the client must vacate the room before 11:00 AM on the day of the end of the reservation. Failure to do so will result in an additional night being charged.

• GUEST VISITS

If a visitor requires access to the room, they must announce themselves at the hotel Reception and present their identification document. However, visits are only allowed in social areas until 10:00 PM. If the visitor wishes to stay overnight, they must pay the corresponding room rate or charge it to the room. The Guest is responsible for the proper use of the accommodation and the actions of their companions.

• MINORS REGISTRATION POLICY

If traveling with your child(ren) under 18 years of age, you must present the minor(s)'s identification document (birth certificate), proving the parent-child relationship. If the minor(s) is not traveling with their parents, you must also provide, in addition to the minor(s)'s identification document (birth certificate), a permission letter from the parents, authenticated by a Notary, accompanied by a copy of the identification document of those who authorized it. Without this documentation, minors are not allowed to enter the hotel. This is in compliance with Law 679 of 2001, Statute to Prevent the Sexual Exploitation of Children, Girls, and Adolescents, and its related regulations.

• PRACTICE OF SPORTS AND RISKY ACTIVITIES

Engaging in sports, extreme physical exercises, or activities involving risk to Guests implies that they possess the necessary skills and knowledge. Therefore, Guests assume full responsibility in case of any accidents, damage, or injury. The hotel is expressly exempted from any liability for these reasons.

• VOLUME

The Guest agrees not to play music at levels that disturb the tranquility of other Guests or of nature. In the event of non-compliance with any rule in these terms and conditions or the regulations of each hotel, MASAYA may immediately cancel the reservation without any refund to the Client, who will also be directly responsible for paying any fines or penalties imposed by the competent authorities for violating the auditory intensity level. 

• PET FRIENDLY.

We take pride in being a pet-friendly destination, welcoming our furry guests and considering them part of the experience. Please note the following rules: 

• Only pets (domestic animals - dogs and cats) are allowed in private rooms.
• he Guest acknowledges and accepts the payment of the daily rate ($60,000 COP - USD $15) which is paid at check-in, to which the applicable VAT will be added according to the current tax regulations.
• Each property provides basic amenities for the pet's stay; please request them when making your reservation or during check-in.
• It is the responsibility of the pet owner to carry the current vaccination card, which must comply with the health regulations required by law. 
• Pets must not be left unsupervised by the owner. The pet must be provided with a leash or a carrying bag at all times.
• If the pet needs to be left alone in the room, inform the reception to schedule cleaning and use the "do not disturb" hanger to prevent hotel/hostel staff from entering the room.
• During room cleaning, a responsible adult must be present.
• Guests are not allowed to bring their pets to common areas such as restaurants, bars, pools, beaches, unless they are guide or service animals.
• The Guest is responsible for disposing of their pet's waste. 
• If the pet causes damage to furniture, room furnishings, or items such as towels or pillows, a charge will be made for the replacement or repair of such damaged items.
• The Guest agrees to pay for repairs, cleaning, and/or damages caused by the pet, as well as damages or affectations to third parties, such as employees, visitors, or other Guests.
• The Guest is responsible for the pet's behavior and must ensure that it does not disrupt or affect the rest and tranquility of other Guests and visitors. If it is determined that the pet is disturbing the coexistence with other Guests, it may be requested that the pet be accommodated outside the property.
• In accordance with Law 746 of 2002, MASAYA reserves the right to refuse admission for large, medium-sized, or highly dangerous breeds.
• Guests with pets accept full responsibility for all property damage and/or personal injuries resulting from their pet and agree to indemnify and hold harmless the hotel, its managers, owners, operators, and staff from all liability and damages suffered as a result of the Guest's pet.

• TRAFFICKING OF FAUNA AND FLORA

At MASAYA, we are committed to promoting actions and practices for the conservation of the environment, cultural heritage, the optimization of natural resources, and compliance with current legislation in the tourism sector. Therefore, we prohibit the commercialization and illicit trafficking of flora, fauna, and cultural goods (Law 17 of 1981 and Law 397 of 1997).

In Colombia, the illegal trafficking of flora and fauna species is penalized.

• PROTECTION OF CULTURAL GOODS 

In accordance with Law 1185 of 2008, at MASAYA, we fight against and report any situation that could lead to the illegal trafficking of cultural goods.

• SUBSTANCES AND WEAPONS

Smoking is prohibited in rooms and social areas (Law 1335 of 2009); it is only allowed in designated areas. The entry of alcoholic beverages is prohibited. The use of drugs is illegal and prohibited on hotel premises, as is the possession of weapons. 

Failure to comply with any of the above provisions will result in the automatic termination of the lodging contract without refunds and will result in a fine of THREE HUNDRED THOUSAND COLOMBIAN PESOS ($300,000 COP).

• PROHIBITION OF SEXUAL TOURISM

In accordance with Law 679 of August 3, 2001, which establishes provisions to prevent and counteract the exploitation, pornography, and sexual tourism involving minors; specifically as provided in Article 17, and in consideration of the corporate commitment to safeguard children and adolescents, MASAYA warns the User that the exploitation and sexual abuse of minors are criminally punishable in Colombia. All offenses will be reported to the relevant authorities.

• CUSTOMER SERVICE CHANNELS 

MASAYA provides the following customer service channels:

To submit requests, inquiries, complaints, and claims, please email us at:

calidad.experiencia@masaya-experience.com

Para ejercer To exercise the right of withdrawal, request payment reversal, or cancel reservations, you must contact the hotel where you made the reservation via email or WhatsApp line through a written message: 

• PRIVACY POLICY

This Privacy Policy describes how your personal information is collected, used, and shared when you visit or make a purchase or reservation on the platform provided on the Website.

The Visitor and/or User acknowledges that the entry of their information and personal data is done voluntarily in order to access the services offered by the Website. All information and personal data provided by the User and/or Visitor that, under Law 1581 of 2011, its complementary regulations, or any modification thereof, is considered as personal data will be treated in accordance with current legislation and MASAYA's Personal Data Protection Policy.

At the time of registration, the User and/or Visitor expressly accepts MASAYA's Personal Data Protection Policy, only for the purposes provided therein. 

The Personal Data Protection Policy is published on our Website at the following link.

The rectification, updating, or deletion of information and/or personal data and other rights provided for in current regulations may be exercised through the channels provided in MASAYA's Data Processing Policy.

Regarding the security of information, MASAYA employs various security techniques to protect information and/or personal data from unauthorized access by Users inside or outside our company. However, it is important to note that perfect security does not exist on the Internet, therefore, MASAYA is not responsible for illegal interceptions or violations of its systems or databases by unauthorized persons. MASAYA is also not responsible for the improper use of information obtained by these fraudulent or illicit means.

• PERSONAL INFORMATION COLLECTION

When you make a reservation or attempt to make a reservation through the Website, we collect certain information about you, including your name, billing address, payment information, email address, phone number, nationality, among others.

During your visit to our Website, it may capture information regarding specific activities of a particular user, generating reports that allow us to see the activity consolidated by the user. Likewise, we use "cookies" to track your reservations and to send you specific information related to your interests. If Users are not interested in this, they should configure their browser to prevent the incorporation of cookies on their computer.

• PROCESSING OF DATA AND PURPOSE

We use the reservation information we collect to fulfill the reservations made through the Site (including processing your payment information, providing invoices and/or reservation confirmations).

Additionally, we use this personal information for contractual, customer service, marketing (such as brand traceability analysis, behavioral advertising, among others), commercial purposes (such as benefits, promotions, discounts, promotional events, writings, images, data messages, allied brands, and programs of own or allied brands, among others), updating data, and providing relevant information; for consultation to respond to inquiries about services offered, conducting studies for statistical purposes, customer knowledge. Of Information, to inform data subjects about news, services, and special offers, for the development of activities related to telephone service, collections, or others of a similar nature. 

By accepting these terms and conditions, the data subject expressly authorizes the processing of their personal data and other information collected on the Website for the purposes described above and others indicated in the Personal Data Processing Policy provided by MASAYA.

• GUEST OBLIGATIONS

• Identification: The Guest must identify themselves to register at the hotel with suitable identification documents as deemed appropriate by MASAYA.
• Room Condition: Return the room in the same condition as it was received.
• Subleasing: Not sublease, transfer, or assign the lodging contract.
• Reporting Damages: Promptly report any damages occurring to the hotel's facilities and services.
• Care of Facilities: Take care of the hotel's facilities, and in case of deterioration due to negligence or omission, bear the cost of repair or replacement.
• Compliance: Adhere to the present terms and conditions, as well as the specific regulations of the hotel where they are staying.

• TERMINATION OF THE CONTRACT

The lodging contract terminates: 

1. Expiration: Upon expiration of the fixed term agreed upon. 
2. Breach: Due to the breach of any of the obligations by either party. The Guest's breach does not exempt them from paying the full price for the agreed term. 

We reserve the right to extend the contract.

• FINAL PROVISIONS

• The terms of use established in this document, as well as any disputes that may arise regarding their interpretation, use, scope, and termination, are governed by Colombian law.
• To ensure a safe and comfortable environment for everyone, MASAYA reserves the right to accept, reject, or remove any Guest under circumstances that negatively impact the stay of other visitors or violate our policies.
• The loss or deterioration of any item from the establishment will be charged according to its commercial value.
• If any provision of this document becomes invalid or ineffective for any reason, that provision will be considered separable from the remaining provisions and in no way will affect or impair the validity or enforceability of the remaining provisions.
• MASAYA may expel, remove, eliminate, or prohibit access to Users on the Website for omission or infringement of these terms and conditions or applicable laws when using it.
• The fact that MASAYA does not enforce any right or provision of these Terms and Conditions will not constitute a waiver of such provision or any other provision of these Terms and Conditions.

THE VISITOR AND/OR USER ACKNOWLEDGES HAVING READ THIS AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.