Terms & Conditions

GENERAL TERMS AND CONDITIONS OF USE

These terms and conditions of use (hereinafter, the “Terms and Conditions” or the “Terms of Use”) regulate the general terms and conditions applicable to the services contracted by each registered user (hereinafter, the “User”) and the suppliers registered through the website conectensenada.com (hereinafter and interchangeably, the “Website” or the “Platform”), which in turn is operated and legally represented by Joaquín Andrés Estay Kleinsteuber, Rol Único Tributario N ° 15.315.623-9, with address at Ruta 225 CH, Kilometer 42.7, commune of Puerto Varas, Republic of Chile (hereinafter and interchangeably, the “Company”, the “Operator”, the “Advertiser” or “Conecta Ensenada” Any legal instance will be resolved in the commune of Puerto Varas.

1. Acceptance of the Terms and Conditions.

1.1 These Terms and Conditions are mandatory and binding, both for the User, the Suppliers (defined below) and the Operator, therefore, in the event that the User does not accept them in their entirety, they must refrain from requiring the services and/or using them. the website.

1.2 By registering with a user account on the Website (hereinafter, the “Account”) or purchasing the services as an unregistered user, you are accepting and therefore agree to fully comply with these Terms of Use. By accepting these Terms and Conditions, the User declares to have had clear, understandable and unequivocal access to the services described and offered by the Company.

1.3 Therefore, before taking any action on or through the Website, you must carefully read all the Terms and Conditions as well as the Privacy Policy, and freely and informedly decide if you agree with them. Otherwise, you must refrain from continuing to access the Website and contract the services described below.

1.4 Once the User’s registration process has been completed (or having completed a purchase process as an unregistered user) on the Platform, the Operator will automatically send a copy of these Terms of Use to the email registered by the User, with the so that the latter can store a copy of them and thus guarantee due and timely knowledge of the terms of the contract. Each time the User purchases, they will receive a copy with the contracted services. Together with this information, details of the prices, charges, costs, rates and/or commissions associated with the contracted Services will be sent.

1.5 Without prejudice to the foregoing, the Company reserves the right to suspend, cancel and/or eliminate Users who violate any obligation imposed in the Terms and Conditions during the validity of the contracted services and/or provide false or incorrect information regarding account and profile. To this end, the User may also be excluded from any future contracting or provision of services, reserving their right to take legal actions that they deem appropriate.

2. Capacity.

2.1 The Services (described below) may only be contracted by natural persons who have the legal capacity to contract according to Chilean legislation and are equal to or greater than 18 years of age.

2.2 In the case of contracting services that will be used by minors, it is the Supplier’s responsibility to prove the legal guardianship of the User who brings a minor to one of the contracted Services.

2.3 Companies that operate as tour operators or tourism companies can contract Services, and must provide complete and reliable information about the final consumers of the Services.

3. Services.

3.1 The User may access the Website in order to contract different types of services and/or tourist packages offered by third-party providers through the Website (hereinafter the “Suppliers” or the “Supplier” as appropriate), among which Highlights include the contracting of horseback riding services, trekking, excursions, guided tours, gastronomic and astronomical tours, accommodations, among others (hereinafter, the “Services”).

3.2 In this way, the Operator’s sole objective is to illustrate to the public and/or consumers the services offered by various independent third-party operators, companies or tourism companies, intermediating in the contracting of the latter with each User through the use of the Website. In consideration of the above, the Operator will not assume any legal obligation with respect to the proper provision of the Services, and must only deliver to the User the information required from each Supplier, as established by the Electronic Commerce Regulations in force on this date in the Republic of Chile.

3.3 The User accepts and consents that the Operator may send to his/her registered email, information, advertising or offers offered by the Suppliers on the Platform, from time to time, indicating in all cases the subject or matter on which it relates, the identity of the sender and contain a valid address to which the User can request its suspension, which will be prohibited from then on.

3.4 Each of the services offered on the Website will have a specific detail of the price to be paid (in Chilean pesos), which will include all taxes, the characteristics of each service and the number of passengers required to complete the service. Prior to contracting, the Website must show a summary of the purchase with all these details. However, the services or products that are excluded in each case will be expressly indicated, such as admission to National Parks or the acquisition of other products or services.

3.5 By contracting the Services, each User is responsible for their own suitability to comply with the details of the tours, excursions or services offered, as well as the risks associated with each service, whether due to age, physical, climatic, logistics or others of any nature.

3.6 In consideration of the above, the Operator hereby states that the contracting of the Services does not contemplate the contracting of associated insurance, whether life or accident or other of any nature, nor the compensation of damages for any type of concepts.

3.7 Tourism companies or operators that offer their services through the Website must always provide the following information to the User through the Website:

(i) Identification of the natural or legal person, that is, name, company name or fantasy name;
(ii) Single Tax Role or Single National Role;
(iii) Legal address; and
(iv) If it is a legal entity, identification of its legal representative.

Notwithstanding the above, communication between User and Provider will be carried out through the Website and its service and support channels.

3.8 Prior to contracting any service, the User must also read and consent to the special terms provided by the Sellers on the Website, which are included in direct links through hyperlinks. It will be the sole responsibility of the User to accept and consent to these terms, exempting the Operator from all types of responsibilities.

4. Retraction.

4.1 In consideration of the nature of advertiser and mere intermediary of the Website, the User must review the withdrawal, modifications, returns and/or exchange policies of each Provider, indicated on the Website, prior to contracting.

4.2 Without prejudice to the foregoing, if a withdrawal is notified by the User and accepted by a seller of the Platform, Conecta Ensenada will have the right to retain up to 5% of the objected operation, as administration costs and costs of payment gateways of the Platform.

5. Payment methods.

5.1 All payments made through the Website may be made through electronic transfer or through local or international bank cards, for which Users may be redirected to other sites or web platforms not operated by the Company.

5.2 The payment methods that each User can use to contract the final Services through the Platform are informed therein, which can be reviewed without the need to generate a purchase request, and/or while generating it, and/or before before sending it and once it is sent.

5.3 The User is aware that, when he/she enters account or card data and accepts the transaction, is thereby authorizing the charges to be made for the price, rate, fees, and all concepts informed and accepted by the latter, in addition to the payment of the charge for our purchase intermediation service.

5.4 Likewise, the User is aware that, if he/she makes a purchase in installments using a credit card, is aware that the interests, taxes, commissions or other charges that may be generated by these, are not received by Conecta Ensenada, but by the issuer of the payment method and the amounts and/or forms and/or payment dates of those depend on the conditions that the owner of the payment method has agreed with each card issuer. Due to the above, Conecta Ensenada recommends that each User inform themselves of the conditions of use and interest of the credit card before using the installment purchase modality.

5.5 However, by contracting a service through the Website, the User expressly consents to the use of MERCADO PAGO, FLOW, WEBPAY, PAYPAL and other payment gateways and/or platforms that may be enabled through the Website in the future, for payment of the service offered.

6. Intelectual Property.

6.1 The content, organization, graphics, design, compilation and other aspects of the Website are protected by Industrial and Intellectual Property laws. The copying, redistribution, use or publication of any such materials or parts by any User is prohibited, and will be punished as established by law.

6.2 The publication or transmission of information or documents on the Website does not constitute a waiver of any right related to such documents or information.

6.3 Access, printing, downloading or transmitting any content, graphics, images, logos, forms or documents on the Site grants the User only the limited and non-exclusive right for their own use, but in no case may the User proceed to reproduction, republication, distribution, assignment, sublicense, sale or any other use.

6.4 In this way, the Platform and the content provided in the Services, including: html code, texts, animations, images, and any other content. In addition to the brands, trade names and/or distinctive signs shown, they are the property of Conecta Ensenada, its licensors or third parties and are protected by national and international laws and, in particular, by the intellectual and industrial property laws of Chile. Any use of them outside the provisions of the Platform, including the reproduction, modification, distribution, transmission, republication, arrangement or representation of any part of them, is strictly prohibited without the express written consent of Conecta Ensenada. All rights not expressly granted in this Agreement are expressly reserved by Conecta Ensenada.

6.5 The Company expressly reserves the right to exercise all actions, both civil and criminal, aimed at safeguarding its legitimate intellectual and industrial property rights.

7. Authorization.
The User authorizes Conecta Ensenada to use, publish, reproduce and/or adapt the images and photographs that may be taken in the different expeditions, tours, trekkings or other services included in their publications by the Suppliers, in order to better illustrate forms the services offered through the Website, Social Networks and other means.

8. Registered Users and Identity Verification.

8.1 The account of each User of the Website is personal, unique and non-transferable, so the Company will at no time request access to your password through written communication, telephone or any other means. Registration, acceptance of these terms and management of the account is the exclusive responsibility of the registered User.

8.2 At the time of registering, each User agrees to provide true, correct and updated information requested at registration or at any subsequent time, for the purposes of verification, identity authentication and detection of any suspicious operation or acts that could constitute crimes punishable by the Chilean legislation.

8.3 After the registration and account verification process via the web, each User must choose a secret key or password that allows them to enter the Website with their profile, the User being the only one in charge of keeping the confidentiality of the same, and therefore the person responsible for the information, access and use of your account. Each User is solely responsible for not revealing their passwords to outside third parties, as well as maintaining a minimum security control that prevents third parties from obtaining identities, profiles, passwords or any code used to access the Platform.

8.4 The User declares and acknowledges that any carelessness or lack of appropriate diligence on his part in relation to the handling of the aforementioned information may result in unauthorized access to his account by third parties. Consequently, the User accepts and declares that they are solely responsible for keeping their contact information such as email address, address and telephone number updated in their Account profile, in order to receive any alert or notification that the Company may send you.

8.5 In consideration of the above, the User exempts Conecta Ensenada from all types of legal responsibility for any loss or damage that the User may suffer as a result of access by unauthorized third parties to his or her account as a result of hacking or loss of passwords, or for not acting in time in the face of any alert or notification that the Company may make in the future. In case of doubts regarding possible disclosure of passwords, the User must notify the Company of such situation by email sent to the following address: info@conectensenada.com

8.6 Without prejudice to the above, Conecta Ensenada has tools that allow it to identify the operations carried out by its clients. The Company reserves the right to request all the information it considers relevant and necessary to deliver the Services it provides.

8.7 If it finds or suspects any inappropriate activity related to its Account, Conecta Ensenada may request additional information from Users, including document authentication, or freeze transactions for review. You will be required to comply with these requests, or accept that otherwise the Account will be closed.

9. Processing of Personal Data

The User’s data collected by the Operator during the use of the Services will be processed by the latter in accordance with the following Privacy Policies.

10. Limitations of Liability

a. General
The User acknowledges and declares that their access to the Website or the Services is carried out at their own risk and that, consequently, and without the following list being exhaustive, Conecta Ensenada is not responsible for: (i) errors, omissions, inaccuracies and/or falsehoods in the content published by its Users; (ii) any damage or injury caused by failures of the Platform, the Services and/or their systems; and (iii) any viruses that may infect your equipment as a result of your access and/or use of the Services. Therefore, Users understand and declare that the use of the Website and the Services is subject to their own risk.

Likewise, the Client understands and accepts that Conecta Ensenada has the right to electronically monitor their account and profile, at any time and follow up on any suspicious information and/or behavior, in accordance with Conecta Ensenada’s own criteria contained in its internal protocols, the Law, the Regulations and any other provision of the competent authority, aimed at guaranteeing the correct functioning of the Website, ensuring protection for each User, in relation to conduct that may violate the rights of users, such as, for example, fraudulent, harassing, degrading, defamatory, discriminatory, threatening, immoral, obscene, pornographic or offensive incurred by Users of the Site.
Likewise, Conecta Ensenada is not responsible for the results obtained from the use that each User makes of the Services offered, in accordance with the exclusions of liability contained in this Section or in any other part of this instrument. In no case will the collaborators, administrators, directors and/or representatives of the Company be responsible for damages caused to Users by the use of the Website, errors, omissions, interruptions, defects, delays in information, transmission, computer viruses, system failures and other problems that occur on the Website or in the provision of the Services.

The User cannot impute any legal responsibility to the Company or demand compensation or payments for consequential damages, loss of profits and other damages, by virtue of damages arising from the cases mentioned above.

b. Warranty
Conecta Ensenada does not guarantee the delivery, quality and suitability of any third-party services that are advertised, offered or contracted through the Platform or that are supplied or in any way related to the contracted Services.

c. No Advice
Conecta Ensenada makes no representation or warranty regarding third party services recommended through the Platform.

The content provided on the Platform is based on information that is considered available to the public, obtained from sources that are considered reliable, but said information may not have been subject to independent verification by the Company, so no information is offered, warranty, express or implied, as to its accuracy, completeness or correctness. Conecta Ensenada does not assume any responsibility for any loss or damage that may result from the use of the information available on the Platform.

11. General disposition.

a. Applicable Law
These Terms of Use will be governed by the laws of the Republic of Chile.

b. Modifications to the Terms of Use
Conecta Ensenada reserves the right to unilaterally modify these Terms of Use, at any time, and these changes will be effective from the moment they are published. To this end, the Operator undertakes to make all reasonable and diligent efforts to inform Users of material changes in the Terms of Use, using all the means that Conecta Ensenada considers relevant, without thereby exempting the User’s responsibility to review periodically the Terms of Use and refrain from using the Platform if you do not agree with the modifications made.

For these purposes, Conecta Ensenada undertakes to try to inform of all relevant changes to these Terms of Use by providing advanced notice through the Platform and/or email before the material change comes into effect.

The User declares and accepts that Conecta Ensenada will not be responsible to its Users or third parties for any modification, suspension or termination of their access to the Services, except to the extent expressly stated otherwise in this document.

c. Assignment
None of the parties involved in contracting the services may assign any right and/or license granted in these Terms and Conditions.

d. Single and complete agreement
These Terms of Use comprise the complete and sufficient agreement between the Users and the Company, replacing all previous conversations, agreements and understandings of any kind, so only the provisions of this instrument and the Privacy Policies are responsible for regulating the relationships between them.

e. Fortuitous Event and Force Majeure
The Company will not be responsible for delays, failures in performance or interruptions in the Platform and/or the Services that result, directly or indirectly, emanating from acts of God or force majeure, including but not limited to, weather factors, permits from local authorities, closures of tourist parks, any delay or failure due to acts of third parties, act of civil or military authorities, act of terrorists, civil unrest, war, strike or other labor dispute, fire, interruption in telecommunications, Internet and/or services any other network provider services, equipment and/or software failures, natural disasters, regulatory changes, legislative modifications, along with any other event that is outside the sphere of control of Conecta Ensenada and that, therefore, is not within its control and therefore, is not attributable to it.

Conecta Ensenada does not guarantee continued or uninterrupted access and use of the Website. The system may eventually be unavailable due to technical difficulties, Internet failures or any other circumstance beyond the control of the Operator. In such cases, efforts will be made to restore the system as quickly as possible, without any type of liability being attributed.

Conecta Ensenada is not responsible for any damage, loss or loss to the User caused by failures in the Website, the server or the Internet, nor will it be responsible for damages generated by any virus introduced by a third party that could infect the user’s equipment. as a result of access, use or examination of the site or as a result of any transfer of data, files, images, text or audio contained therein.

Users may not impute any responsibility to the Company or demand payment for lost profits, due to damages resulting from technical difficulties or failures in the software, systems or Internet.

f. Headings
The titles and section headings contained in this agreement are inserted for convenience only and shall not be considered for any other purpose, including the interpretation or enforcement of these Terms of Use or any of its provisions.

g. Language
The meanings of the terms, conditions and statements contained in this document are subject to definitions and interpretations in the Spanish language and related to the legal regulations applicable in the Republic of Chile. Any translation may not accurately represent the information in the original language, therefore, the Spanish version will prevail in the event that there is an inconsistency with any other version in another language.

h. Promotions
Conecta Ensenada may make special offers available to its Clients or carry out promotions for Users who meet specific requirements. Each of these promotions will be carried out in compliance with the standards required by Law 19,496 or Law on the Protection of Consumer Rights.

Notwithstanding the foregoing, Suppliers may establish qualification criteria to participate in any special promotion, which depend solely and exclusively on the specific contracting terms to be agreed between Users and said Suppliers. You may also revoke offers at any time without notice.

i. Divisibility
If any section or provision contained in these Terms of Use is declared invalid or unenforceable, the rest of it will not be affected thereby and will be valid and enforceable to the fullest extent permitted by Law. In these circumstances, Conecta Ensenada and Users will agree to replace that section, to the extent that it allows the Parties to obtain the same benefit or one equivalent to that intended to be obtained with the invalid or unenforceable provision.

j. Information privacy
To use the Services offered by Conecta Ensenada, Users must provide certain personal data. Your personal information is processed and stored on servers or magnetic media that maintain physical and technological security and protection standards. For more information about the privacy of Personal Data and cases in which personal information will be revealed, you can consult our Privacy Policies.

k. Contact
If you have any questions, claims, comments or suggestions regarding these Terms of Use, your rights and obligations under these Terms of Use and/or the use of the Platform, its Services, the use of the Account, and/or in If you have any questions or queries regarding the Company, we ask Users to contact us at info@conectensenada.com