This Rental Agreement and Contract (the “Agreement”) is a legally binding agreement made and entered into as of the Reservation Date by and between the undersigned person or company (the “Guest”) and Cartagena Dream Experiences SAS & Cartagena Dreams Inc (“Rental Agent”), pursuant to which the Guest has agreed to rent the residence described (the “Property”), for the duration of the Rental Term for the Total Rental Fee and other good and valuable consideration as described herein.
OCCUPANCY: Guest agrees that no more than the maximum persons shall be permitted on the Property at any time during the Rental Term, all of whom shall comply with the conditions and restrictions imposed upon Guest under this Agreement.
CONDITION AND USE OF PROPERTY: The Property is provided in “as is” condition. Rental Agent shall use its best efforts to ensure the operation of all amenities in the Property, such as internet access, satellite or cable TV access or pools as applicable. Rental Agent shall not be held responsible for such items failure to work, but will make every effort to correct any issues as reported as quickly as possible. Guest acknowledges that use of amenities such as hot tubs, pools, spas, decks, and the like may be potentially dangerous and involve potential risks if improperly used, particularly with regard to children and such use is at the Guest’s own risk. Guest shall use the Property for residential purposes only and in a careful manner to prevent any damage or loss to the Property and keep the Property in clean and sanitary condition at all times. Guest and any additional permitted guests shall refrain from loud noise and shall not disturb, annoy, endanger, or inconvenience neighbors, nor shall Guest use the Property for any immoral, offensive or unlawful purposes, nor violate any law, association rules or ordinance, nor commit waste or nuisance on or about the Property.
DEFAULT: If Guest should fail to comply with the conditions and obligations of this Agreement, Guest shall surrender the Property, remove all Guest’s property and belongings and leave the Property in good order and free of damage. No refund of any portion of the Total Rental Fee shall be made and if any legal action is necessary, the prevailing party shall be entitled to reimbursement from the other party for all costs incurred.
RISK OF LOSS AND INDEMNIFICATION: Guest agrees that all personal property, furnishings, personal affects and other items brought into the Property by Guest or their permitted guests and visitors shall be at the sole risk of Guest with regard to any theft, damage, destruction or other loss and Rental Agent shall not be responsible or liable for any reason whatsoever. Guest hereby covenants and agrees to indemnify and hold harmless Rental Agent and their agents, owners, successors, employees and contractors from and against any costs, damages, liabilities, claims, legal fees and other actions for any damages, costs, attorneys fees incurred by Guest, permitted guests, visitors or agents, representatives or successors of Guest due to any claims relating to destruction of property or injury to persons or loss of life sustained by Guest or family and visitors of Guest in or about the Property and Guest expressly agrees to save and hold Rental Agent harmless in all such cases.
RELEASE: Guest hereby waives and releases any claims against Rental Agent, the Property owner and their successors, assigns, employees or representatives, officially or otherwise, for any injuries or death that may be sustained by Guest on or near or adjacent to the Property, including any common facilities, activities or amenities. Guest agrees to use any such facilities or amenities entirely at the Guest’s own initiative, risk and responsibility.
ENTRY AND INSPECTION: Rental Agent reserves the right to enter the Property at reasonable times and with reasonable advance notice for the purposes of inspecting the Property. If Rental Agent has a reasonable belief that there is imminent danger to any person or property, Rental Agent may enter the Property without advance notice.
REFUNDS: Refunds are not issued for any reason due to circumstances beyond Rental Agents’s reasonable control, including but not limited to acts of God, strikes or labour disputes, government orders, war, acts of terrorism, forces of nature, significant weather conditions, political or civil disturbances, or any other force majeure event.
Cancellation request must be sent in writing to reservations@medellinvillas.com
GENERAL PROVISIONS: This Agreement contains the entire agreement between the parties with regard to the rental of the Property, and any changes, amendments or modifications hereof shall be void unless the same are in writing and signed by both the Guest and the Rental Agent. This Agreement shall be governed by the laws of Colombia. The words “Rental Agent” and “Guest” shall include their respective heirs, successors, representatives. The waiver or failure to enforce any breach or provision of this Agreement shall not be considered a waiver of that or any other provision in any subsequent breach thereof. If any provision herein is held invalid, the remainder of the Agreement shall not be affected. Any notice required to be given under this Agreement shall be in writing and sent to the contact information included herein. This Agreement may be signed in one or more counterparts, each of which is an original, but taken together constitute one in the same instrument. Execution of a digital signature shall be deemed a valid signature.
CHECK-IN & CHECK-OUT TIMES: Check-in time is 1PM and check-out time of 11AM. The Rental Agent will make every effort to personalize the stay of the Guest if provided ETA information prior to arrival. Late checkout requests may be made, and are subject to determination based on Property occupancy. Additional charges may apply.
Policy for the prevention of commercial sexual exploitation of children and adolescents
1. OBJECTIVE The Policy for the Prevention of Sexual Exploitation of Minors aims to establish the behaviors that the Organization, that is Cartagena Dream Experiences SAS & Cartagena Dreams Inc and its subsidiary companies and all its Collaborators, must adopt in the performance of their commercial activities, to guarantee the protection of the rights of children and adolescents, in order to avoid any form of sexual exploitation, including pornography and sex tourism. As reference documents, the principles enshrined in the Convention on the Rights of the Child and the Optional Protocol on the sale of children, child prostitution and the use of children in pornography, the laws, rules and regulations issued by the local authorities in the different territories where the subsidiary companies operate and especially the regulations applicable to the subsidiary companies that provide services as air carriers.
2. SCOPE Without prejudice to the adoption of the Policy by the corporate bodies of each of the companies, compliance with the Policy is required of all Collaborators of the companies integrated in Cartagena Dream Experiences SAS & Cartagena Dreams Inc, whether they act as Directors, Employees or Linked Third Parties, in the territories where they operate.
3. AREA RESPONSIBLE FOR IMPLEMENTATION It will be the responsibility of Management to advance the disclosure of the Policy to guarantee its effective implementation, which includes coordination with the person responsible for Human Resources and Administration, of the legal actions that proceed for said implementation, including the presentation of complaints. and application of administrative, disciplinary, contractual or judicial sanctions, if applicable, and the tasks of disseminating the reference regulatory framework, in the different corporate communication channels, including the Cartagena Dream Experiences SAS & Cartagena Dreams Inc website and the different business units and control of updating the Policy if required, due to changes in the regulatory framework.
4. DEFINITIONS AND ABBREVIATIONS Boy, Girl, Minor and Adolescent. For the purposes of this Policy, the definition provided for in the Convention on the Rights of the Child is adopted, which defines it as every human being under eighteen years of age, unless, by virtue of local laws, the age of majority is reached before the eighteen years. Child Sexual Exploitation. It is the use of a child or adolescent in sexual activities or in pornography or promotion of sex tourism regardless of whether there is economic profit or not. It is commercial sexual exploitation when there is in exchange a remuneration or any type of retribution for the child or adolescent or third parties. Child Sexual Exploitation in the field of tourism. It is the commercial sexual exploitation of a child or adolescent by a person or persons who travel within their own country or abroad, and undertake sexual activities with children or adolescents, with the complicity by omission or action of the providers of travel services. Child Pornography. It includes any representation of a boy, girl and / or adolescent performing sexual activities or inciting them, any representation of a minor for predominantly sexual purposes, any organization of live shows of sexual representations in which children and adolescents participate. Pornography can be transmitted by any medium. UNICEF or United Nations Children’s Fund. It is a program of the United Nations (UN) that provides humanitarian and development aid to children and mothers in developing countries. Convention on the Rights of the Child (CRC). It is an international treaty adopted by the United Nations General Assembly on November 20, 1989 and to which more than 190 states have acceded, committing themselves to respecting children’s rights. The CRC recognizes children as subjects of rights, but makes adults subjects of responsibilities. Optional Protocol. It is the Protocol that complements the Convention on the Rights of the Child on the sale of children, child prostitution and the use of children in pornography. United Nations Resolution A / RES / 54/263 issued on May 25, 2000, entered into force on January 18, 2002.
5. CONTENT In compliance with the Policy on the protection of the rights of children and adolescents regarding any form of sexual exploitation, the Organization and its Collaborators undertake to: 1. When they carry out the programming, promotion, sale or provision of the hotel services and restoration and related services, refrain from any practice, information or tourist orientation, which in any way promotes, insinuates or may give rise to any form of sexual exploitation, pornography or sex tourism, with children and adolescents , including the use of photographic, recording or video material. 2. Make known to the competent authorities, including the tourism and hotel authorities and the police, any fact or situation that they know is suspicious, that has given or may give rise to the sexual exploitation of children and adolescents, including the existence of sites related to the sexual exploitation of children and adolescents. 3. The areas responsible for internal and external communication channels, including, among others, magazines, website, social networks, onboard entertainment, and promotional advertising in different media, will refrain from including pornographic material with minors. 4. Promote that its suppliers adopt a policy similar in scope to the one adopted internally, and incorporate in the contracts entered into by each of the companies, the obligation for said suppliers to adopt such a policy. 5. Refrain from providing their facilities to third parties, when it is determined that they will be used for the purposes of exploitation or sexual abuse, with children and adolescents.
ADDITIONAL INFORMATION Regulatory Framework regarding the Convention on the Rights of the Child. Signed by 192 countries and ratified by 190 countries, with the exception of the United States, Somalia and South Sudan, making it the most widely convened treaty worldwide throughout history. Colombia ratified the Convention on the Rights of the Child on January 28, 1991, Optional Protocol for the Child. Signed by 161 countries and ratified by 132 countries, among which are the countries in which our companies operate. The Optional Protocol on the sale of children, child prostitution and the use of children in pornography entered into force internationally in 2002, this international instrument criminalizes violations of the rights of the child and emphasizes the importance of promote greater public awareness and international cooperation in activities to combat them.
LEGAL FOUNDATIONS (COLOMBIA) Political Constitution of the Republic of Colombia. In Chapter 2 of Social, Economic and Cultural Rights, Article 44, establishes the fundamental rights of children. Fundamental rights are life, physical integrity, health, social security, and food. It is also indicated that they will be protected against all forms of abandonment, physical or moral violence, kidnapping, sale, sexual abuse, labor or economic exploitation and risky work. The Political Constitution additionally recognizes the rights of children enshrined in international laws and treaties ratified by Colombia. Law 679 of 2001. By means of which a statute is issued to prevent and counteract exploitation, pornography and sex tourism with minors, pursuant to article 44 of the Constitution. Through Law 679 of 2001, protection measures against exploitation, pornography, sex tourism and other forms of sexual abuse with minors were adopted in Colombia. In this Law, the Colombian State is committed to the principles of child protection and establishes criminal offenses for pornography and sex tourism with minors. Similarly, this rule establishes the obligation of tourism service providers, which includes, among others, travel agencies, hotels and air carriers to participate in the prevention of this type of conduct. Law 1336 of 2009. By means of which Law 679 of 2001 is added and strengthened, to combat exploitation, pornography and sex tourism with children and adolescents. In 2009, Law 1336 was issued, which establishes that companies that provide tourist services must develop a model code of conduct that promotes prevention policies and that avoid the sexual use and exploitation of children and adolescents. in the development of its activity. Resolution 4311 of August 30, 2010. By means of which it establishes the basic content that the code of conduct or protocol or code of ethics of commercial passenger air services companies must have. Which must be followed by the legal representatives, directors, administrators and employees. Likewise, as of the issuance of this resolution, the code of conduct or the policies or protocols or the code of ethics of each company must be observed by the contractors that provide services related to the provision of the commercial air transport service
Sustainability Policy
Cartagena Dream Experiences SAS & Cartagena Dreams Inc is a company that bases the development of its activities based on the principles of sustainability through awareness-raising actions with its employees, clients and guests, thus promoting the conservation of the natural heritage of the region, the technological renovation and gradually that in the future generates a reduction in its energy and water consumption rates and the gradual reduction of waste generated within the establishment and in the places where activities related to the tourist operation are carried out. We seek to promote the culture of the community, respecting the customs of the indigenous peoples and promoting the tourist offer in a responsible manner, without affecting their life plans and the protection of natural resources with actions aimed at the conservation and sustainable use of the biodiversity of the area. We enact our total rejection of the commercial sexual exploitation of children and adolescents, any method of child labor exploitation and the different forms of discrimination, working together with the competent authorities to prevent these acts and report any case that arises. We support the development of communities that produce products or provide services that promote the sustainable use of raw materials used for production and that highlight the characteristics of the area. Likewise, we promote the commercialization and use of handicrafts made by native inhabitants of the region under fair commercial conditions, favoring the generation of employment. Likewise, we seek to become a direct or indirect source of employment that contributes to the improvement of the quality of life of the local community in general, having as a principle the hiring of personnel from the region. Cartagena Dream Experiences SAS & Cartagena Dreams Inc is committed to providing training to staff, seeking mechanisms to sensitize and educate customers, guests and suppliers in sustainable practices that contribute to the development and strengthening of cultural manifestations, regional education and all those activities related to the tourism.
Exchange Policy
The conversion to Colombian pesos will be made according to the representative rate of the mark (TRM) on the day of payment of the reservation.
Our commitment to sustainable tourism and social responsibility.
Cartagena Dream Experiences SAS & Cartagena Dreams Inc S.A.S. rejects all cases of sexual exploitation, pornography, sexual tourism and all forms of sexual abuse with minors. The company commits to respect Law 679 of 2001 and report all cases of child trafficking and sexual abuse.
We are committed to safeguarding the flora, fauna and cultural heritage of the country in accordance with Law 599 of 2000, Article 328, and will report all cases of illegal trafficking.
Say no to the trafficking of cultural artifacts of the historical heritage of Colombia and the exploitation of minors.