1.Who we are

1.1Pelecanus S.A.S. (“Pelecanus”), NIT 901.012.952-7, is registered in the National Tourism Registry under number 51402 and domiciled at Calle 12D Bis No. 1A-34, La Candelaria, Bogotá D.C., Colombia, postcode 111711. Telephone and WhatsApp: +57 321 214 6210. Email: info@pelecanus.com.co.

1.2Pelecanus is a travel agency and tour operator. It designs and organises tailor-made trips, golf trips, birdwatching and nature trips, private charter flights, events and corporate travel. These Terms and Conditions apply to all services booked with Pelecanus, through pelecanus.com.co, sula.com.co or any other Pelecanus brand or website.

2.Definitions

• Client: the person who books the Services and makes the payment.
• Traveller: each person taking part in the trip, including the Client if travelling.
• Services: the travel services described in the Quote and in the Confirmation.
• Quote: Pelecanus’s written proposal setting out the Services, the price and the specific conditions.
• Confirmation: the email or document from Pelecanus confirming the Services, the price and the payment instructions.
• Start date: the day on which the first Service is provided.
• Days: calendar days, unless “business days” is stated.

3.Booking and formation of the contract

3.1Quotes are subject to availability until Confirmation.

3.2The contract is formed when the Client pays the deposit or the full price after receiving the Confirmation, which includes these Terms and Conditions. By making that payment, the Client accepts these Terms and Conditions and the Personal Data Processing Policy, on their own behalf and on behalf of all Travellers.

3.3The Client must be of legal age and have the legal capacity to enter into contracts. The Client declares that they are authorised by all Travellers to contract on their behalf, and is liable for the full payment.

3.4Specific conditions stated in writing in the Quote or in the Confirmation prevail over these Terms and Conditions.

4.Prices

4.1Prices are stated in United States dollars (USD), unless the Quote states otherwise.

4.2Unless the Quote states otherwise, the price does not include: international flights, travel insurance, visas, departure or entry taxes, tips, personal expenses, meals and drinks not specified, or optional activities.

4.3The price is fixed upon Confirmation. It may only increase if, after the Confirmation, taxes, fees or levies are created or increased by law. In that case, the exact amount will be passed on. If the increase exceeds 8% of the total price, the Client may cancel with a full refund.

4.4Tax exemptions applicable to foreign tourists (for example, VAT on accommodation) require each Traveller to present their passport and their immigration entry record. If these are not provided, the corresponding tax will be charged.

4.5If a published or quoted price contains an obvious error, Pelecanus will inform the Client of the correct price, and the Client may accept it or cancel with a full refund.

5.Payments

5.1For bookings made more than 60 days before the Start date, a deposit of 50% of the total price is payable. The balance is payable no later than 60 days before the Start date.

5.2For bookings made 60 days or less before the Start date, 100% of the price is payable.

5.3Charter flights, and any Services for which the Quote so states, are 100% payable upon Confirmation.

5.4Bank transfers are made in USD, with all bank charges paid by the sender (“OUR” option). Pelecanus must receive the full amount.

5.5Card payments are processed through a payment platform. The card payment fee is shown before the Client chooses the payment method, and is only charged if the Client accepts it. This fee is non-refundable, except where the Client exercises the right of withdrawal or where the cancellation is attributable to Pelecanus.

5.6A third party may pay on the Client’s behalf with written authorisation from the holder of the payment method. Pelecanus may request documents to verify the payer’s identity and prevent fraud.

5.7If a payment is not received by the agreed deadline, Pelecanus will send a written notice. If payment is not made within the following 5 days, Pelecanus may cancel the booking and apply the charges in section 8.

5.8Exchange rate. Pelecanus may convert payments received into Colombian pesos to pay suppliers. If a refund is due on amounts already converted, Pelecanus will refund the amount in pesos actually received, converted into USD at the exchange rate on the day of the refund, less bank charges. This rule does not apply to refunds following exercise of the right of withdrawal or to cancellations attributable to Pelecanus. These are refunded at the full amount paid in USD.

6.Right of withdrawal

6.1For bookings made at a distance (email, telephone, internet), the Client may exercise the right of withdrawal within 5 business days after the contract is formed (section 3.2), by written notice to info@pelecanus.com.co.

6.2Pelecanus will refund the full amount paid, including the card payment fee, within 15 calendar days after the withdrawal.

6.3Under Article 47 of Law 1480 of 2011, the right of withdrawal does not apply once performance of the Services has begun with the Client’s agreement. For example, when the trip begins within the withdrawal period, or when, at the Client’s request, Pelecanus immediately books a charter flight or another non-refundable Service.

7.Changes requested by the Client

7.1Pelecanus will do its best to accommodate changes, subject to availability and to suppliers’ conditions.

7.2Each change carries a handling fee of USD 75, plus any costs charged by suppliers.

7.3A change of dates or a reduction in the number of Travellers requested 60 days or less before the Start date is treated as a cancellation under section 8.

7.4A Traveller may be replaced by another person if suppliers allow it. Any resulting costs are payable by the Client.

8.Cancellation by the Client

8.1The Client may cancel at any time by written notice to info@pelecanus.com.co. The date on which Pelecanus receives the notice is the date that counts.

8.2Cancellation charges, as a percentage of the total price, are:

8.3In each band, the charge is the percentage shown or the non-recoverable costs already committed to suppliers, whichever is higher, up to a maximum of 100% of the total price.

8.4No-show. If a Traveller does not show up or does not use the Services, under Article 65 of Law 300 of 1996 Pelecanus will retain, as compensation, the deposit and any other payments received before the Start date. Unused Services are not refunded once the trip has begun, except for amounts that suppliers actually return.

8.5Refunds are paid within 30 calendar days after the cancellation.

9.Changes and cancellation by Pelecanus

9.1Pelecanus may replace hotels, transport, guides or activities with others of a similar or higher category, and may adjust the itinerary or dates when necessary for the proper running of the trip.

9.2If, before the trip, Pelecanus must significantly change an essential element of the Services, the Client may accept the change, accept an alternative or cancel with a full refund.

9.3If Pelecanus cancels the trip for reasons not attributable to the Client, the Client may choose an alternative or a full refund, which will be paid within 30 calendar days of the cancellation.

9.4If a booked Service is not provided or is only partly provided, including due to overbooking, the Client may choose either another Service of the same quality or a refund of the value of the Service not provided, under Articles 63 and 64 of Law 300 of 1996.

9.5Pelecanus may cancel the booking for non-payment (section 5.7) or if the Client provided false information, applying the charges in section 8.

10.Force majeure

10.1Force majeure means unforeseeable and irresistible events beyond Pelecanus’s control, such as natural disasters, weather events, epidemics, strikes, civil unrest, acts of public authorities, border or airport closures and airline cancellations.

10.2If, before the trip, a force majeure event prevents the Services from being provided, Pelecanus will offer new dates or refund the amount paid, less suppliers’ non-recoverable costs and an administration fee of 10% of the total price.

10.3During the trip, Pelecanus will provide reasonable assistance. Additional costs (accommodation, meals, transport) are borne by the Travellers or their insurance.

10.4Decisions made by Pelecanus or its suppliers to protect Travellers’ safety are final.

11.Charter flights

11.1Pelecanus books charter flights only with air transport companies authorised by the Colombian Civil Aviation Authority (Aerocivil). The operator’s mandatory insurance applies.

11.2Charter flights are 100% payable upon Confirmation. Unless the Quote states other charges, cancellation incurs the following charges: more than 15 days before the flight, 50%; between 14 days and 72 hours before, 75%; less than 72 hours before or no-show, 100%.

11.3The pilot in command decides whether the flight can operate. If the flight cannot operate for weather, technical or safety reasons, the Client may choose a new date at no cost or a refund of the amount paid, less non-recoverable costs (for example, positioning the aircraft).

11.4The Client must send, within the stated deadline, the passenger list with the passengers’ identity documents, body weight and baggage weight. Travellers must arrive at the stated time. Costs caused by Travellers’ delays are borne by them. Carrying dangerous goods is prohibited.

12.Golf

12.1Tee times depend on the clubs. If a club changes or cancels a tee time, Pelecanus will offer an alternative tee time or course, or refund the green fee.

12.2Travellers must comply with each club’s dress codes and rules and, where the club requires it, present a handicap certificate. Private clubs may reserve the right of admission.

13.Liability

13.1Pelecanus is liable to the Client for the provision and quality of the Services booked through it, under Law 300 of 1996, Law 1480 of 2011 and Decree 1074 of 2015.

13.2Pelecanus is not liable for damage caused by force majeure, by acts of the Traveller or by acts of third parties unrelated to the Services. Nor is it liable for services the Traveller books directly with third parties, or for activities not included in the itinerary.

13.3For scheduled air transport, Pelecanus acts as an agent and liability lies with the airline, in accordance with its conditions, the Colombian Aeronautical Regulations and the Montreal Convention of 1999. This does not apply to charter flights organised by Pelecanus (section 11).

13.4Travellers are responsible for their personal belongings and baggage that remain in their care.

13.5Except in cases of wilful misconduct, Pelecanus is liable only for direct damages that were foreseen or could have been foreseen when the contract was formed, under Article 1616 of the Colombian Civil Code.

14.Travellers’ obligations

14.1Pelecanus will provide information on the documents required for the trip. Each Traveller must have a passport valid for at least six months after the end of the trip, as well as any visas, vaccinations and certificates required by the authorities. The consequences of failing to meet these requirements are the Traveller’s responsibility.

14.2Minors travelling without one or both parents must carry the permits required by Colombian law.

14.3Travellers must inform Pelecanus in writing, before the trip, of any health condition, disability, pregnancy or special need that may affect their participation or require special attention.

14.4Travellers must respect the law, local customs, guides’ instructions and suppliers’ rules. Pelecanus may remove from the trip, without refund, anyone who puts the safety or the running of the trip at risk.

14.5Some activities (hiking, water activities, flights in small aircraft, travel to remote areas) carry inherent risks, which the Traveller accepts by taking part.

15.Travel insurance

15.1Each Traveller must have travel insurance for the entire trip covering medical expenses, emergency evacuation and repatriation. We recommend medical cover of at least USD 100,000 and cancellation insurance. By accepting these Terms and Conditions, the Client declares that all Travellers will have this insurance.

15.2Together with the Travellers’ details, the Client will provide each Traveller’s insurer, policy number and emergency telephone number, for use in an emergency.

15.3Travellers without adequate insurance travel at their own risk and bear all medical, evacuation, repatriation and other expenses incurred during the trip. The Client must reimburse any expenses advanced by Pelecanus in an emergency within 15 days of the request.

15.4At the Client’s request, Pelecanus will provide information on the traveller assistance services available in Colombia.

16.Complaints and claims

16.1During the trip, any problem must be reported immediately to the guide, the supplier or Pelecanus (+57 321 214 6210), so that it can be resolved on the spot.

16.2Complaints and claims may be submitted in writing to info@pelecanus.com.co. We recommend doing so within 15 days after the end of the trip, to make it easier to verify them with suppliers. This does not limit the Client’s legal rights.

16.3Pelecanus will assign a reference number to each claim and will respond within 15 business days of receipt.

16.4The Client retains the right to apply to the Superintendencia de Industria y Comercio, Colombia’s consumer protection authority.

17.Protection of children and adolescents, wildlife and heritage

17.1In compliance with Article 17 of Law 679 of 2001 and with Law 1336 of 2009, Pelecanus warns tourists that the sexual exploitation and sexual abuse of minors in Colombia are subject to criminal and administrative penalties. Pelecanus rejects sex tourism and all forms of abuse of children and adolescents, and has adopted a Code of Conduct.

17.2The sale and trafficking of wild fauna and flora and of items of Colombia’s cultural heritage are criminal offences in Colombia.

18.Personal data

18.1Pelecanus processes personal data in accordance with Law 1581 of 2012 and its Personal Data Processing Policy.

18.2To provide the Services, Pelecanus shares the necessary data with suppliers in Colombia or abroad.

18.3Pelecanus only uses photographs or videos showing Travellers with their authorisation.

19.Website

19.1Information on the website is general and may change. The Quote and the Confirmation prevail over it.

19.2Links to third-party sites are provided for reference only. Pelecanus does not control their content.

20.Payment disputes

20.1Before initiating a chargeback or payment reversal, we ask the Client to contact Pelecanus to seek a solution.

20.2This does not limit the right to a payment reversal granted by Article 51 of Law 1480 of 2011.

21.Governing law and jurisdiction

21.1This contract is governed by Colombian law.

21.2Disputes will be submitted to the courts of Bogotá D.C., without prejudice to the rights that the law grants to consumers, including the right to apply to the Superintendencia de Industria y Comercio.

22.Final provisions

22.1If any clause is declared void or ineffective, the remaining clauses remain valid.

22.2Each booking is governed by the version of these Terms and Conditions in force on the date of the Confirmation.

22.3These Terms and Conditions are published in Spanish, English, German, French and Portuguese. In the event of any discrepancy, the Spanish version prevails.