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Terms and conditions

Through these terms and conditions (“Terms and Conditions”), MASANI S.A.S., identified with NIT. 901.805.189 – 7, domiciled in the city of Bogotá D.C., with physical address [°], email address reservas@masanisas.com / contacto@masanisas.com and phone number +(57) 311 517 7549 (hereinafter, “MASANI“), informs the Users of this website, who are understood as potential Guests of CASA TOMASA located at Calle 3 # 2 – 49, Riohacha (La Guajira), the conditions that regulate the reservation and provision of tourist accommodation services at said property.

ACCEPTANCE OF THE TERMS AND CONDITIONS

We invite you to carefully read the Terms and Conditions before accessing this website as a User or even as a guest, as they will be considered accepted by you at the moment of use. Otherwise, if you do not agree to these Terms and Conditions, you cannot access the site or use it in any other way.

Making a reservation and using the accommodation services at CASA TOMASA implies the full, express, and unconditional knowledge and acceptance of these Terms and Conditions.

The Guest who does not agree with what is set forth here must refrain from making reservations or using the accommodation services of CASA TOMASA. However, making a reservation or using the services fully demonstrates your full, total, and unconditional acceptance of these Terms and Conditions.

The Guest accepts, declares, and guarantees that they are the User who will make personal and non-transferable use of the reservation service, and also accepts and acknowledges that they will comply with the Terms and Conditions contained herein.

LEGAL NATURE OF THE CONTRACT

In accordance with Law 300 of 1996 and Law 2068 of 2020 and other related regulations, the tourist accommodation contract is a commercial adhesion contract entered into by a natural or legal person with the main purpose of providing lodging to another person called a guest, by paying the respective price, for a period of less than thirty (30) days.

The acceptance of the accommodation contract is evidenced by the reservation confirmation and signing of the Registration Card.

DUTIES OF MASANI

MASANI, as the owner and operator of CASA TOMASA, is obligated to:

  1. Be registered and keep the National Registry of Tourism valid;
  2. Effectively provide the contracted accommodation service, complying with the agreed conditions and applicable tourism regulations;
  3. Keep a guest register through the completion of the Accommodation Registration Card in the system provided by the National Government;
  4. Maintain CASA TOMASA in suitable living conditions and with adequate facilities;
  5. Ensure the provision of the tourist services included in the reservation;
  6. Attend, receive, and respond in a timely manner to requests, complaints, claims, and inquiries (PQRS);
  7. Comply with other obligations established by law.

GUEST’S DUTIES

The Guest is obligated to:

  1. Properly use the facilities, furniture, equipment, and resources of CASA TOMASA;
  2. Provide clear, truthful, complete, and sufficient information for the provision of accommodation services;
  3. Care for and respect the spaces of CASA TOMASA;
  4. Not engage in acts or behaviors considered criminal under Colombian laws;
  5. Respect the designated smoking areas and smoke-free areas;
  6. Comply with basic rules of coexistence;
  7. Rationally use natural resources;
  8. Pay the cost of accommodation, taxes, and additional charges incurred during their stay;
  9. Be responsible for damages, losses, or deterioration attributable to their conduct or that of their companions/guests, even due to slight fault, by paying for the corresponding replacement or repair;
  10. Identify themselves at check-in with a suitable identification document, presenting a citizenship card if Colombian, a passport, or applicable document for foreigners. In the case of minors, a birth certificate or valid identification document must be presented. If the minor is accompanied by a responsible adult other than their parents, this adult must have an authenticated permit authorizing the minor’s entry to CASA TOMASA;
  11. Present themselves to MASANI only with the individuals properly registered in the initial reservation. The entry of a maximum of 8 (eight) additional people as guests during the day is allowed, provided they do not spend the night at CASA TOMASA to sleep in it;
  12. Refrain from smoking inside CASA TOMASA;
  13. Respect the check-in and check-out times established by MASANI in these Terms and Conditions.
  14. Assume at their sole risk any risky activities they decide to undertake within CASA TOMASA;
  15. Allow access to CASA TOMADA for urgent maintenance, safety inspections, or scheduled cleaning;
  16. Use the facilities of CASA TOMASA, such as televisions, equipment, furniture, among others, located in the room or in the infrastructure of CASA TOMASA appropriately and keeping them in the state in which they are found. In case of damage or loss of these items, the Guest will be responsible up to slight fault. In case of total or partial loss of these objects, the Guest must pay the corresponding price for their replacement or repair;
  17. Comply with other obligations and duties established by law.

GUEST’S RIGHTS

The Guest will have the right to:

  1. Receive safe services, in conditions of quality and habitability;
  2. Obtain clear, complete, and truthful information about rates, services, and restrictions;
  3. File complaints with MASANI and with the Superintendency of Industry and Commerce for violations of consumer regulations;
  4. Exercise their right to equality and protection against abusive practices or misleading advertising;
  5. File claims directly with the provider or supplier of a product or service for all damages suffered;
  6. Exercise any other right provided for in Colombian tourism legislation and consumer protection.

RATES

The price of accommodation will be as indicated in the reservation confirmation or on the Registration Card and will include taxes and other charges required by current regulations.

Payment must be made in advance, within twenty-four (24) hours before check-in. The reservation confirmation will be subject to the verification and effective receipt of funds by MASANI, who will issue the corresponding invoice.

Payments can be made through:

  • Bank transfer to the account number indicated by MASANI;
  • Credit and debit cards.
  • PayPal.
  • Nequi to the account number indicated by MASANI.
  • Payment links from the Bold platform.

In addition to the base price, the Guest will assume all additional charges for complementary services (e.g., early check-in, late check-out), replacement or repair of damaged or lost goods.

CHECK-IN AND CHECK-OUT TIMES

Rooms will be available from 3:00 p.m. onwards (Check-In). For check-ins before this time, the Guest must pay fifty percent (50%) of the daily rate. The maximum advance time will be 8:00 a.m. and will always be subject to availability on the check-in day.

The Guest must check out of the room by 12:00 p.m. If the Guest wishes to check out after this time, they must consult with reception for availability and pay an additional charge equivalent to fifty percent (50%) of the daily rate, with a deadline until 6:00 p.m. on the same day to return the room. In any case, the acceptance of the request will be subject to availability.

CUSTODY OF MONEY AND VALUABLE OBJECTS

In accordance with article 1195 of the Commercial Code, guests have the right to deliver money and valuable items for safekeeping.

To that end, the delivery of the item must be made to the official designated by MASANI, and the Guest must sign an act in which they list the money and/or items delivered, the date and time of delivery, description of the item delivered, estimated value in Colombian pesos, the name of the official receiving the item, and the name and signature of the Guest making the delivery.

MASANI may refuse to receive items when they are of high value or excessively bulky.

MASANI‘s liability will be as established in article 1196 of the Commercial Code, ceasing when the theft, loss, or deterioration of the deposited items is attributable to gross negligence of the guest, their employees, visitors, or companions, or to the nature or defect of the item.

Valuable items such as cell phones, computers, jewelry, money, among others, that remain in the room or service areas other than those designated by MASANI for receipt will be at the sole risk of the guests. In this case, MASANI assumes no responsibility in case of loss, theft, or damage. MASANI is not responsible for the loss, theft, or damage of guest items, including bicycles, cars, and other vehicles located in CASA TOMASA. Nor is it responsible for the loss, theft, or damage of items within these.

REGISTRATION OF MINORS

In compliance with Law 679 of 2001, exploitation, pornography, sexual tourism, and other forms of sexual abuse of minors are prohibited and punishable.

All guests (adults and minors) must present their identification before check-in, without exception. The entry and registration of a minor to CASA TOMASA must be done in the company of their parents presenting the birth certificate (for foreigners, presenting 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, in which the parents authorize the minor’s entry to CASA TOMASA in the company of the adult during the dates established in the accommodation reservation.

For minors without parents, or when they are unable to grant permission, the authorization must be processed with the ICBF. If at the time of entry to CASA TOMASA all requirements are not met as indicated here, the entry of the minor or adults will not be allowed, and penalties for the travel date will apply.

PERSONAL DATA

By using the MASANI reservation system, the guest will be aware of the content of the Privacy Policy and Personal Data Treatment, authorize the use of their personal data, and accept the Terms and Conditions.

The Privacy Policy and Personal Data Treatment can be viewed on this website.

MODIFICATION AND/OR CANCELLATION OF RESERVATION

Reservations may be canceled by the Guest with a minimum notice of forty-eight (48) hours before the scheduled date and time of check-in (3:00 p.m.), without incurring any penalty, except for promotional rates or expressly non-refundable. In such cases, the Guest may request a refund of the paid amount or apply it as credit for a future reservation, which must be scheduled within a maximum period of one (1) year from the originally reserved date. If there is a difference in the rate when rescheduling, the Guest must assume this adjustment before reconfirming the reservation.

Any modification of reservations will be subject to availability and must be expressly confirmed by MASANI through written communication. Any change in dates of stay, number of nights, contracted services, or conditions of the initial reservation will be considered a modification. The Guest may request a maximum of two (2) modifications to the same reservation.

If cancellation occurs within forty-eight (48) hours prior to check-in, or if the Guest does not show up on the agreed check-in date, a penalty equivalent to one hundred percent (100%) of the contracted stay value will be generated, with no right to refund or rescheduling. Promotional rates or non-refundable conditions do not allow changes, refunds, or rescheduling, so any cancellation, modification, or absence will result in the total loss of the amount paid.

Refund requests must be sent to the email address contacto@masanisas.com, attaching:

  1. Signed letter including the complete identification of the Guest, contact information, reason for the refund, sales channel, transaction amount, and payment method used;
  2. Copy of the identification document;
  3. Invoice or payment receipt.

The refund will be made through the same payment method used in the purchase, unless a technical impossibility or express request from the Guest, and will be made within a maximum period of twenty (20) business days from the complete delivery of the documents. Financial commissions or applicable bank costs will be deducted from any refund.

No penalties will apply when the Guest proves a case of force majeure or fortuitous event within fifteen (15) calendar days following the initially scheduled entry date. These causes may include, for example, the death of the Guest or a family member up to the second degree of consanguinity, first of affinity, or first civil; serious illness of the Guest or such family members; natural disasters; health emergencies; official road closures or government restrictions.

Valid formats for these incidents include a death certificate, medical incapacity issued by the treating professional, or official certification by the transporter in the event of operational contingencies (the latter only entitles rescheduling of the stay, not a refund). The request will be considered lodged on the date and time of receipt through official channels, and confirmation will be subject to receipt acknowledgment and written communication from MASANI.

On the other hand, MASANI may cancel the reservation in the event of serious damages in CASA TOMASA that prevent the provision of the service under suitable conditions, due to force majeure, proven overbooking, or serious breach of contractual obligations by the Guest. In these events, the Guest will be entitled to receive compensation, which may consist of: (i) a one hundred percent (100%) refund of the amount paid or (ii) the issuance of a credit applicable to a future stay at CASA TOMASA. If choosing rescheduling, if there is a rate difference for the new dates, this must be assumed by the GUEST before reconfirmation.

Finally, when the reservation is made through intermediary platforms, the modification and cancellation policies of such platforms will apply, prevailing over what is established in these Terms and Conditions.

TERMINATION OF THE ACCOMMODATION CONTRACT

  1. Upon expiration of the agreed term;
  2. For breach of any of the obligations of the parties, particularly for non-payment of the price by the guest or for failure to pay for other additional services requested by the guest and not included in the initial reservation;
  3. Due to force majeure events, such as natural disasters, pandemics, strikes, among others. The termination of the contract does not waive or release the guest from payment of outstanding balances.

DOMICILE AND APPLICABLE LEGISLATION

These Terms and Conditions and the legal relationships deriving from their use and interpretation shall be governed by Colombian law.

For the interpretation and application of these general contracting conditions, the parties submit, waiving any other forum that may correspond to them, to the courts of Colombia.

MODIFICATIONS

MASANI reserves the right to modify, update, complement, expand, or replace the content of these Terms and Conditions at any time and without prior notice.

Any modification will be published on this portal with the date of entry into force of the new version. MASANI may, when deemed necessary, notify guests through highlighted notices on the website, emails, or other communication methods.

Using the website after the publication of the changes will constitute tacit acceptance of them by the Users. In case of disagreement with the modifications made, the User must refrain from using the website and may exercise their rights in accordance with current regulations.

MASANI recommends Users to periodically review these Terms and Conditions and other related documents to stay informed about the applicable conditions for the use of the website.

EFFECTIVE DATE

The effective date of these Terms and Conditions is [°] of [°] of 2025.