General terms and conditions of the contract for the provision of hotel accommodation services.
The hotel accommodation services will be carried out by the company Quesada Prudencio SRL – Malku Cueva Hotel, hereinafter, the Company, on the one hand, under the order and at the request of the applicant or contractor of the services, hereinafter, the Passenger, and will be governed by the conditions that are detailed below.
1) The Company expressly declares that its responsibility is limited to the services offered and that were specifically contracted by the Passenger, not being able to demand services and/or products other than those contracted, unless agreed and extraordinary payment for them.
2) The Company is not responsible for situations of Force Majeure or Fortuitous Event beyond its control, which occur before or during the provision of its services, which prevent, delay or hinder in any way the provision of the contracted services, meaning by force majeure any event of nature that is beyond the control or will of the Company, such as natural disasters, floods, earthquakes, fires, adverse or severe weather conditions, etc.; and by fortuitous event, any impediment caused by man, such as social or civil commotions, blockades, revolutions, protests, etc. that negatively influences the regular provision of services.
3) In no case will the Company respond to Passengers for direct or indirect damages or loss of profits alleged by them, as long as the direct participation of the Company officials, employees or authorities is not demonstrated.
4) The Company will not be responsible for the failure to deliver the “General terms and conditions of the contract for the provision of hotel accommodation services” pertinent to the other companies involved in the contracting chain, since this is not duly required in writing by the Passenger.
B) APPLICATIONS AND PAYMENTS
1) The estimated price at the time of requesting services is subject to availability and changes without prior notice. When there is an alteration and/or modifications in their costs and/or in the exchange rate applied for reasons not attributable to the parties, the Company will not be responsible for any increase that should be applied.
2) All amounts paid before the confirmation of services are received as a reservation.
3) The final prices will be fixed from the moment of the definitive confirmation of the services that occurs with the issuance of the service orders, vouchers, billing and/or corresponding record.
4) The payment of the balance must be fulfilled within the term and conditions agreed by the parties, otherwise, the Company may cancel the services with prior notice to the Passenger, without the Passenger being entitled to any refund.
C) SERVICES OR ITEMS NOT INCLUDED IN THE PRICES
1) Everything that is not duly detailed in the Voucher, which implies an additional charge to what was paid at the time of receiving the Vouchers.
2) Extras, drinks, expenses of a personal nature (among them, washing and ironing clothes, communications, tips, souvenirs, etc.), visas, boarding or airport taxes, service tax, VAT and other current taxes and/or futures and/or any service or expense that is not expressly indicated in the Voucher.
3) The extras of a car rental, such as ski rack, baby seat, additional driver, gasoline expenses, optional insurance, special clothing not contemplated, etc.
4) The expenses for prolonging the services by voluntary desire of the Passengers as well as the stays, meals and/or additional expenses and/or damages produced by cancellations and/or derived from causes of force majeure or beyond the control of the Company.
5) The expenses and interests of credit operations.
1) In the event of withdrawal by the Passenger from the services contracted to the Company, there will be no refund of payments made for these concepts, unless the Company accepts otherwise. In all cases where the refund is agreed, the Company may retain and/or discount all expenses and commissions applied for the canceled reservation.
2) The Company is not responsible for the services that were not taken by the Passenger in the agreed time and manner, nor for the consequences that may arise from it.
3) In no case, the Company will pay the eventual costs and/or charges and/or taxes and/or levies derived from bank transfers or similar that are used to make any type of refund and/or refund and/or refund.
E) CHANGE OF DATE
Any change of date will be subject to the availability and acceptance of the Company, after payment of the corresponding penalty and surcharges that the Company must apply for the modification, such as the increase in rates due to change of date and/or season. The Company is exempted from all responsibility in the event of not being able to satisfy the changes requested by the Passenger, applying in such case the provisions of clause D) above (“CANCELLATIONS”).
They must be presented within 15 days of the end of the service, in writing, accompanied by the vouchers, documentation and legally acceptable proof and duly certified or signed by the Passenger. In the event that claims or complaints are filed outside the specified term or if they are not supported with suitable evidence, the claim will not be addressed. In the event that the claim is rejected, does not have suitable proof or is based on a simple intention to discredit, the Company reserves the right to initiate the corresponding legal actions.
The Company is not responsible for the deterioration and/or loss and/or theft and/or theft and/or loss of luggage and other personal effects of the Passenger. The Passenger is recommended to take out travel insurance to cover the aforementioned risks.
H) CUSTOMER ACCEPTANCE
These general conditions, together with the other documentation that is delivered to the Passenger, make up the Contract for the provision of hotel accommodation services. These conditions are considered accepted by the Passenger at the time of booking the services. The Passenger declares to know and accept these general contracting conditions and said acceptance is ratified by one or any of the following acts: 1) Payment of the reservation and/or the contracted services before the start of the trip, by any form or modality. 2) Acceptance of the invoice for the contracted services. 3) Through the use of any portion of the contracted services.
I) ARBITRATION CAPSULE
Any controversy, litigation, discrepancy, question or claim that arises from the execution or interpretation of this contract or related to it, directly or indirectly or its complementary or modifying documents, will be resolved through the Conciliation procedure administered by the Center for Conciliation and Arbitration the Chamber of Commerce of Cochabamba; In case of not reaching a favorable conciliation for both parties, the conflict will be resolved through arbitration administered by the Center for Conciliation and Arbitration of the Chamber of Commerce of Cochabamba in accordance with its regulations, which the parties accept and declare to know. Likewise, the parties accept the appointment of Arbitrators or Conciliators that may be made by the Conciliation and Arbitration Commission of the Cochabamba Chamber of Commerce.
Likewise, the parties expressly state their commitment to comply with the arbitration award that is issued, with costs for the loser, expressly waiving and withdrawing in advance the Appeal for Annulment of the Arbitration Award.
J) APPLICATION RULES
This contract and, where appropriate, the provision of services, will be governed exclusively by these general conditions and by current legal regulations in the Plurinational State of Bolivia, as it is the place where the contract originates and will be executed.
K) POLÍTICA DE CANCELACIÓN DE HOTEL
Any change or cancellation will be subject to administrative charges according to hotel policy. When hiring this hotel you must understand and accept it, as indicated by the hotel.
L) TAXES AND FEES
Taxes, fees and other surcharges that were not included in the price will be paid by the Passenger and must be paid directly at the hotel, complying with current tax regulations.