LODGING AGREEENT
1. SUBJECT OF THE AGREEMENT. By virtue of this agreement, HAMACA Y MOKA ECOTURISMO SAS and its establishment, HOTEL DOS AGUAS, hereinafter the HOTEL, shall provide lodging to the GUEST in the designated room and its ammenites, in exchange for a fee, for the number of days specified in the Hotel Registration. In no case shall the term exceed 30 consecutive days. 1.1. The designated room shall be as specified in the Hotel Registration. The HOTEL may change the room if the guest consents and it is an equal or better room, or in case of force majeure or an unforeseen event. 1.2. Check-in time is from 2:00 pm on the day of arrival, and check-out time is until 11:00 am on the day of departure. The period between these hours constitutes a hotel day. Early check-in or late check-out is subject to availability, and the GUEST shall pay any applicable charges according to the policies and conditions. 1.3. Lodging is provided regardless of the time the GUEST actually spends in the room. Partial usage requires full payment of the nightly rate. 1.4. The provision of services covered by the agreement, as well as any additional services offered by the hotel, are subject to availability and the hotel’s operating schedules, availability of resources, goods, facilities, or spaces. The room and the nightly rate shall be as indicated in the Hotel Registration in accordance to the reservation.
2. PRICE. – 2.1. The price of this agreement is the nightly rate the GUEST agrees to pay, as indicated in the Hotel Registration for the reservation made, all of which is itemized in the corresponding invoice, unless the reservation was made and paid through a travel agency, in which case the rate agreed with the agency applies. 2.2. The GUEST must also pay all charges for food, beverages, and any other services incurred during the stay, which are charged to the account unless included in the package. 2.3. The GUEST acknowledges being informed of the nightly room rates and all other applicable charges. 2.4. Failure to make payments as agreed shall result in interest charges at the maximum legal rate.
3. SAFEKEEPING OF MONEY AND VALUABLES. In accordance with Article 1195 of the Commercial Code, GUESTS may entrust the HOTEL with money and valuables for safekeeping, with a receipt. Delivery must be made to a designated HOTEL employee, with a record specifying the items and characteristics for potential valuation. The HOTEL reserves the right to refuse excessively valuable or bulky items. The HOTEL’s liability is that of a bailee, per Article 1196 of the Commercial Code. Valuables kept in the room or service areas other than those designated by the HOTEL are at the GUEST’s sole risk, and the HOTEL assumes no liability in case of loss or damage.
4. OBLIGATIONS – 4.1. HOTEL’S OBLIGATIONS 4.1.1. Provide the agree-upon services. 4.1.2. Accept, address, and respond to any suggestions, complaints, or claims from the GUEST. 4.1.3. Safeguard money and valuables given under a custody receipt, per Article 1196 of the Commercial Code. 4.1.4. Fulfill any additional responsibilities as required by law. 4.2. GUEST’S OBLIGATIONS 4.2.1. Provide proper identification for hotel registration at check-in, such as a national ID card for Colombian citizens or a passport for foreign guests. Valid identification must be provided for minors with proof of legal guardianship as per HOTEL policy. 4.2.2. Pay the lodging fee and applicable taxes. 4.2.3. Pay all charges incurred to the account. 4.2.4. Maintain appropriate conduct and attire. 4.2.5. Assume responsibility, even for slight negligence, for the obligations of themselves, their companions, minors and guests. 4.2.6. Register all companions or guests at the hotel reception and pay any applicable fees. 4.2.7. Respect the room occupancy limit. 4.2.8. Acknowledge that engaging in risky activities, such as sports or physical exercise, is solely the GUEST’s responsibility, exempting the HOTEL and its staff from any liability in cases of injury or damage. 4.2.9. Use room and hotel furniture, equipment, and facilities properly and maintain their condition, accepting liability for any damage or loss to HOTEL property, including minor negligence. Should any item be lost or damaged due to the GUEST or their guests, the GUEST must cover repair or replacement costs. 4.2.10. Respect the authority of the HOTEL Manager and Supervisors. 4.2.11. Allow HOTEL staff reasonable access for inspection or monitoring, which may include entering or inspecting the room at the HOTEL Manager’s discretion. 4.2.12. Permit HOTEL staff access for routine room cleaning.
5. TERMINATION OF CONTRACT. The lodging agreement shall terminate in the following cases: 5.1. Upon expiration of the agreed term. 5.2. For non-compliance with any obligations by either party, particularly the GUEST’s failure to pay for lodging, food, beverages, and additional services charged to their room or personal account.
5.3. For disruptive or inappropriate conduct or attire affecting other guests or HOTEL visitors, as judged solely by the HOTEL. 5.4. For smoking in rooms or any HOTEL space, especially if it affects other guests, without prejudice to the payment terms established below.
PARAGRAPH: Termination does not release the GUEST from paying any outstanding balances.
6. EFFECTS OF TERMINATION. – 6.1. Upon termination, the HOTEL may freely use the room. 6.2. Upon contract termination, regardless of the cause, the HOTEL is authorized to enter the room, prepare and sign an inventory of the GUEST’s belongings, and place them in secure storage, with no liability to the HOTEL and at the GUEST’s expense and risk. 6.3. If the GUEST fails to pay their account in full, the HOTEL may retain and sell the GUEST’s belongings under Article 1199 of the Commercial Code, using the proceeds to cover outstanding amounts. Any excess will be available to the GUEST. In case of a shortfall, the HOTEL may initiate appropriate action to recover the remaining debt. Failure to comply with the obligations and instructions stipulated in the Policy and Conditions Manual, which is provided at registration, will be grounds for termination.
7. MISCELLANEOUS – 7.1. Legal Nature of the Agreement. Pursuant to Article 79 of Law 300 of 1996, the lodging agreement is a lease contract, commercial in nature, and an adhesion contract.
7.2. The lodging agreement is evidenced by the Hotel Register issued by the HOTEL and signed by the GUEST, who thereby acknowledges adherence to these terms. The GUEST expressly agrees that the amount detailed on the legally issued invoice shall be enforceable.
7.3. The HOTEL prohibits and does not condone sexual exploitation or abuse. Sexual tourism, as well as the exploitation or abuse of minors, is strictly prohibited. GUESTS may not bring minors under the age of 18 into their rooms for the purpose of sexual tourism; violations carry prison sentences of 5 to 10 years and fines ranging from 50 to 100 minimum legal wages. Penalties may increase by up to half when the offenses involve minors under 12, at the discretion of the judicial authorities.
7.4. Smoking Charges in Rooms. Out of respect for environmental and health standards, all rooms and HOTEL areas are smoke-free. Smoking in the room or any part of the hotel constitutes a severe breach, justifying termination of the agreement. If the GUEST smokes in the room, they must pay (i) the HOTEL’s deodorizing and cleaning costs, estimated at USD 300, converted at the exchange rate on the payment date, and (ii) the cost of two nights’ lodging due to cleaning processes preventing room use. Smoking in other areas incurs a USD 300 deodorizing and cleaning fee, converted at the current exchange rate.
7.5. The HOTEL promotes compliance with Resolution 572 of 2005 and other standards for Flora and Fauna conservation, as well as cultural heritage conservation per Law 397 of 1997.
7.6. The HOTEL condemns any form of discrimination, exclusion, restriction, or preference based on gender, race, color, national or ethnic origin, religion, political opinion, or any other reason intended to limit the full enjoyment of fundamental rights and freedoms.
PRIVACY NOTICE. AUTHORIZATION FOR USE OF PERSONAL DATA. The HOTEL shall process the personal data of the GUEST in compliance with Law 1581 of 2012 and the Privacy Policies and Procedures found on the HOTEL’s website, using the data solely for the purposes of providing and promoting services offered at HOTEL DOS AGUAS. The HOTEL may share the personal data collected with its affiliates, holding companies, subsidiaries, and commercial allies. In accordance with Colombian law, the GUEST has the right to access, update, rectify, and revoke authorization for the use of their personal data at any time.
