Terms and Conditions of Medellin MDE Tours S.A.S.
1. Company Information
1.1 Legal Status and Name: Medellin MDE Tours S.A.S. (hereinafter “the Company”), also known as MDE.Tours, is a legally registered tour operator based in Medellín, Colombia. It is incorporated as a Sociedad por Acciones Simplificada (S.A.S.), a type of simplified joint-stock company under Colombian law. The Company is registered with the relevant authorities and holds a National Tourism Registry (Registro Nacional de Turismo, RNT) number as required for tour operators in Colombia .
1.2 Contact Details: The Company’s principal place of business is in Medellín, Antioquia, Colombia. For any inquiries or communications, you may contact us at:
- Address: Carrera 73 # 45 D 13, Medellín, Antioquia, Colombia
- Email: [email protected]
- Telephone/WhatsApp: +57 313 767 6795
1.3 Scope of Services: Medellin MDE Tours S.A.S. offers guided tours, excursions, transfers, and related travel experiences (“tours” or “services”) in Medellín and surrounding areas. These Terms and Conditions apply to all bookings made with the Company and to all participants (“clients” or “you”) on our tours. By booking a tour or participating in one, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.
1.4 Language: These Terms and Conditions are provided in English for convenience and to be understandable to most travelers. In case of any discrepancy with any version in another language, the English version will prevail.
2. Bookings and Payment Policies
2.1 Booking Process: To book a tour, clients may use the Company’s official website, authorized booking platforms, or contact the Company directly via email, phone, or authorized agents. A booking is considered confirmed only after the Company has received all necessary information and either a deposit or full payment as per the payment policy. The Company will then issue a booking confirmation (via email or booking system), which serves as an agreement for the service.
2.2 Payment Terms: All tours must be paid in full prior to the commencement of the service, unless otherwise agreed in writing. The Company will inform you of the payment schedule at the time of booking. In most cases, full payment is required to confirm the reservation, especially for day tours or standard packages. For certain multi-day tours or custom itineraries, a deposit (portion of the total price) might be accepted to hold the booking, with the balance due by a specified date. Accepted payment methods include major credit cards, electronic bank transfers, or other methods as indicated by the Company. All prices are typically quoted in Colombian Pesos (COP) (or another specified currency), and any applicable taxes or fees will be detailed in the price breakdown at booking. Clients are responsible for any charges from their own banks (e.g. foreign transaction fees or credit card surcharges).
2.3 Last-Minute Bookings: The Company supports last-minute bookings subject to availability. “Last-minute” generally refers to bookings made within 24 to 48 hours of the tour start time. We will make every effort to accommodate late inquiries; however, availability of guides, tickets, or transport cannot be guaranteed on short notice. Last-minute bookings must be paid in full at the time of booking and are confirmed only after the Company expressly verifies availability. In some cases (especially for very short notice bookings), certain payment methods may not be available and specific meeting arrangements will be provided. Please note that for same-day bookings, you should contact the Company by phone or WhatsApp for the fastest confirmation.
2.4 Platform and Third-Party Booking Fees: If you book a Medellin MDE Tours experience through a third-party platform (such as an online travel agency, booking website, or hotel concierge service), be aware that additional service fees or charges may be imposed by those platforms. The Company is not responsible for fees charged by third-party booking platforms, credit card processors, or banks. Such fees (for example, an online platform’s booking fee or credit card foreign transaction fee) are often non-refundable and are separate from the tour price set by the Company. In the event of any changes or cancellations, refunds issued by the Company will exclude any third-party fees that the Company did not receive or that are non-recoverable. Clients booking via third parties must also adhere to that platform’s terms and should initiate cancellation or changes through the same platform when required. The Company’s own cancellation policy (see Section 3) still applies to the portion of the tour price under our control, but any platform-specific refund rules or processing times are governed by the platform’s terms.
2.5 Accuracy of Information: When making a booking, clients must provide accurate and complete information, including full names (as in passport or ID), contact details, and any special requirements. This information is needed to process your reservation and (if applicable) to obtain insurance or entry tickets. The client is responsible for reviewing their booking confirmation and informing the Company promptly of any errors or missing information. Tickets or vouchers are usually issued electronically; it is the client’s responsibility to ensure they have received these documents and to present them (digital or printed as specified) at the start of the tour.
2.6 Pricing and Inclusions: Tour prices include the services and amenities expressly stated in the tour descriptions (for example, guide service, transportation, included meals or entry fees if listed). Anything not stated as included is excluded from the price. Personal expenses, meals not mentioned, and gratuities are typically not included unless specified. The Company reserves the right to correct obvious errors in pricing or descriptions before confirming a booking. If a pricing error is discovered after a booking is made, the Company will contact the client as soon as possible to either reconfirm the booking at the correct price or offer a full refund if the client no longer wishes to proceed at the correct price.
3. Cancellations and Refunds
3.1 Cancellation by the Client (General Tours): If you need to cancel your tour reservation, you must notify the Company as soon as possible in writing (e.g. via email, or the same channel through which you booked). Cancellation requests will be effective from the date and time the Company receives them. The following general cancellation schedule applies to most standard tours that do not involve pre-purchased tickets or special events:
- 7 or more days before the tour date: You will receive a full refund of the tour price minus an administrative fee of 10% to cover processing costs and bank charges .
- 3 to 6 days before the tour: You will receive a 75% refund of the tour price. The Company retains 25% as a cancellation fee (covering any preparation costs or lost opportunities to rebook the spot).
- 1 to 2 days (24 to 48 hours) before the tour: You will receive a 50% refund of the tour price .
- Less than 24 hours before the tour or failure to show up: No refund will be issued (100% cancellation fee applies).
Please note that the time frames above refer to the start time of the tour. For example, “24 hours before” means if your tour is on Friday 10:00 AM, you must cancel by Thursday 10:00 AM or earlier to be eligible for any refund under the 24+ hour rule.
3.2 Cancellation by the Client (Tours with Ticketed Events or External Tickets): Some tours offered by the Company include ticketed events or pre-paid entrance fees (for example, tickets to concerts, museums, parks, flights, or other attractions purchased in advance on your behalf). In such cases, any third-party tickets or reservations that have been purchased are non-refundable to the extent that the third-party provider (venue, airline, etc.) does not offer a refund. If you cancel a tour that involves such tickets after the Company has already purchased them, the cost of those tickets will be deducted from any refund, regardless of the timing of cancellation . For instance, if a tour includes a $50 entrance ticket that has been bought and is non-refundable, you will not receive that $50 portion back. If the ticket provider does allow a refund or date change, the Company will pass any recovered amount back to you (or use it toward a rescheduled tour). Additionally, tours with ticketed events may require longer advance notice for cancellation to receive a partial refund. The specific cancellation deadline (e.g. 7 days or more before the event) will be communicated at booking for those special tours. If you cancel after that deadline, the cancellation fee may be 100% even if our general policy would allow a partial refund. Administrative fees and any unrecoverable costs will also apply. Always review the specific terms provided for such event-based tours at the time of booking.
3.3 Cancellation by the Company: The Company reserves the right to cancel a tour in the event of circumstances beyond our control or if minimum participant numbers are not met (when a tour is advertised as requiring a minimum group size). If the Company cancels a tour prior to departure, you will be offered either: (a) to reschedule/join an alternative tour of equal value, if available, or (b) a full refund of any payment you have made for the canceled tour. If a tour has to be interrupted or canceled mid-activity due to emergencies, extreme weather, or other unforeseen situations, the Company will make reasonable efforts to provide appropriate compensation or partial refunds, taking into account the portion of the tour that was completed and expenses already incurred. However, no refund will be given if a tour is cut short due to a client’s violation of these Terms (for example, misconduct or illegal activity causing termination of participation, as outlined in Section 7).
3.4 Refund Process: When a cancellation by the client entitles you to a refund under our policy, the Company will process the refund within a reasonable time frame. Refunds for payments made by credit card or online platforms will be issued back to the same card or platform account used, and processing times may vary (typically 5–10 business days for credit cards after the refund is processed, depending on your bank). Any bank transfer fees, payment processing fees, or platform service charges that were applicable to your original transaction may be deducted from the refund if those charges are irreversible. The administrative fee (see 3.1) is also non-refundable. The Company is not responsible for fluctuations in exchange rates or foreign transaction fees that may cause the refunded amount in your home currency to differ from what you paid.
3.5 Non-Arrival and No-Show: If you fail to join the tour at the designated start time and place without prior notice (a “no-show”), it will be treated as a last-minute cancellation. No-shows are not eligible for any refund . The guide or tour staff will wait up to a certain brief grace period (as described in Section 4 on Punctuality) but will not significantly delay the tour for absent clients. It is your responsibility to arrive on time (or early) or to notify the Company in advance if you are delayed (though such notification may not avoid cancellation if you cannot arrive shortly after the start time).
3.6 Partial Use of Services: If a client joins a tour late, leaves early, or does not utilize a component of the tour (by their own choice or due to not meeting requirements, e.g., failing to bring required identification for an activity), the client is not entitled to a refund for the unused portion. Similarly, if a client is removed from the tour due to misconduct or violation of these Terms (per Section 7), no refund will be given for the unused portion.
3.7 Administrative and Unrecoverable Fees: All refunds issued will exclude certain fees as noted. The Company incurs administrative costs for processing bookings and cancellations, including bank fees, credit card charges, and staff time. This is the reason an administrative fee (typically up to 10% of the tour price) is non-refundable even in cases of early cancellation with full refund eligibility. Additionally, unrecoverable expenses that the Company has already paid on behalf of the client (such as permits, tickets, or preparations) will be deducted from refunds. Travel insurance premiums (if the client purchased insurance through or via the Company) are also non-refundable if the insurance policy is already in effect, since those are paid to the insurer.
3.8 How to Cancel: To cancel a booking, you must contact the Company through the same channel you booked or via our main contact email/phone, and receive confirmation of your cancellation. Merely informing a tour guide or failing to appear will not count as an official cancellation. If you booked through a third-party platform or travel agent, you should follow their procedures for cancellation as well, in addition to informing us, to ensure your request is processed correctly. The timestamp of the cancellation request (according to Colombian local time) will determine which refund policy applies. The Company will confirm the cancellation and any applicable refund amount in writing (email), which serves as record of the transaction.
4. Punctuality and Late Arrival Policy
4.1 Importance of Timeliness: The client is responsible for arriving on time at the designated meeting point or pickup location for the tour. We strongly recommend arriving at least 10-15 minutes before the scheduled start time of the tour. This allows time for check-in, meeting the guide, and any necessary preparations before departure . Tours often operate on fixed schedules, and delays in departure can disrupt the experience for other participants and timing with booked attractions or reservations. Therefore, all tours will start promptly at the scheduled time with the clients who are present.
4.2 Grace Period and No-Show Determination: While we understand that unforeseen delays can occur, our ability to wait for late arrivals is very limited. In group tours, guides may allow a short grace period (generally up to 10 minutes after the start time) before departing, but this is not guaranteed. If you know you will be a few minutes late, it is advisable to contact the Company or guide (contact info is usually provided in your confirmation) to inform us of your status. However, if you have not arrived by the tour start time (or by the end of any brief grace period) and have not contacted us, the tour may depart without you. In such cases you will be considered a no-show, and Section 3.5 (No-Show policy) will apply with no refund. The tour itinerary will not be adjusted to accommodate latecomers once it has started.
4.3 Joining the Tour After Departure: In some cases, if you miss the initial departure, it might be possible for you to join the tour in progress at a later stop, but only under very limited conditions. The feasibility of this depends on the nature of the tour (for example, if the first part of the tour is at a fixed site and you can meet the group there). You must contact the Company by phone immediately if you miss the start and want to attempt to join later. Any additional costs incurred for catching up with the group (for example, taxi fares) are the client’s responsibility. There is no guarantee that joining later will be possible, and the tour staff cannot significantly interrupt or delay the tour to facilitate a late join. In many cases (such as bus tours leaving the city, or where tickets/entry at the start cannot be skipped), late arrival means you will not be able to join at all . We urge you not to rely on catching up, and to make every effort to be on time at the start.
4.4 Travel Delays and Insurance: The Company is not responsible for delays caused by circumstances within the client’s control (e.g., oversleeping, misreading the meeting point, or transportation delays en route to meeting point). If you are coming from a cruise ship, flight, or inter-city transport on the day of the tour, please ensure you have ample time to arrive. If a delay is caused by third-party transportation (e.g., a flight arriving late, or a traffic jam) resulting in a missed tour, the Company will consider it a client cancellation at the last minute. We highly recommend that clients obtain travel insurance that covers missed connections or travel interruptions . Such insurance may reimburse you for missed tours due to covered reasons (for example, a flight cancellation or a medical emergency causing you to miss the tour). However, the Company itself will not refund or re-book missed tours outside of our stated policies. If possible, we may offer you a chance to join an alternative tour later the same day or the next day (at our discretion and subject to availability), but this is a goodwill gesture and not an obligation.
4.5 Group Tours vs. Private Tours: On scheduled group tours, punctuality is especially crucial because multiple guests are involved. For private tours (where your party is the only participant group), there may be slightly more flexibility if you inform the guide of a delay; however, substantial lateness may cut into your tour duration if the guide has other commitments afterwards. In all cases, tours will end at the originally scheduled time even if started late due to the client’s delay. No refunds or prorated adjustments will be made for time lost due to a client’s late arrival. If you anticipate any timing issues, please discuss with us in advance and we will try to adjust where feasible (for private tours), but this may not always be possible.
4.6 Documentation and Requirements: Certain tours require you to bring specific documentation (e.g., passport or ID for age verification or entry, vaccination card for certain venues, etc.). Arriving on time but without the required documents may result in your inability to participate in portions of the tour. The guide cannot delay the entire group in such cases. You will be treated as a late arrival or no-show for that portion, and Section 3.6 applies (no refund for missed portions due to not meeting requirements). Always read your confirmation and preparatory emails for what to bring and be prepared at the start.
5. Liability and Insurance Coverage
5.1 Limitation of Liability: Medellin MDE Tours S.A.S. takes all reasonable steps to ensure a safe and enjoyable experience for clients. However, by the very nature of the activities, participation involves inherent risks. Clients participate at their own risk and are expected to exercise due caution during the tour. The Company’s liability for any loss, injury, or damage suffered by the client is limited to the amount you paid for the tour or the maximum amount covered by our insurance policy, whichever is higher, and only to the extent that such loss or injury is directly attributable to the negligence or willful misconduct of the Company or its employees . The Company is not liable for any loss, damage, or injury that is due to factors outside our control, including (but not limited to) acts or omissions of third-party providers (see Section 8), risks inherent in the travel or activity, or the client’s own actions or failure to follow instructions. We do not accept liability for consequential or indirect losses, such as missed flights, lost business, or emotional distress.
5.2 Assumption of Risk: By booking and participating in our tours, you acknowledge that you understand the nature of the tour activities and accept the inherent risks involved. These risks may include, for example, traveling in mountainous terrain, walking on uneven surfaces, using public roads, riding in motor vehicles, or participating in adventure or sport activities. You agree that the level of personal risk depends on the specific tour and location, and you have chosen a tour appropriate to your interests and physical abilities . The Company will provide safety instructions and briefings as necessary, but ultimate responsibility for your safety rests with you. Clients are required to follow all safety instructions, use safety equipment provided (such as seat belts in vehicles, helmets for biking, lifejackets for water activities, etc.), and exercise prudent judgment. Neither the Company nor its third-party suppliers are liable for any accidents or injuries caused by your failure to adhere to safety guidelines or warnings .
5.3 Medical and Travel Insurance: The Company maintains a basic liability insurance policy as mandated by Colombian tourism regulations, which provides coverage (up to certain limits) for accidents or injuries that occur during our tours . Details of this coverage (such as coverage limits and conditions) can be provided upon request. This insurance is only valid during the tour activities organized by us and for incidents arising from those activities. To be eligible for coverage under our policy, clients may be required to provide certain personal information in advance (e.g. full name, passport number) so we can include you in our policy or issue a temporary traveler insurance certificate . If a client fails to provide the requested information prior to the tour, the Company and its insurer may not be able to include that person in the coverage, and the client would then assume full responsibility for any medical costs arising from any incident . It is strongly recommended that all clients obtain their own comprehensive travel insurance in their country of residence before traveling, which covers trip cancellations, medical expenses, personal accident, emergency evacuation, loss/theft of belongings, and personal liability . The Company’s insurance is not a substitute for personal travel insurance and may not cover events such as illness, non-accident medical expenses, or losses that occur outside the tour. By booking, you acknowledge that either you have such insurance in place or you accept the risks of not being fully insured. The Company will not be liable for any costs that could have been covered by a valid travel insurance policy.
5.4 Client’s Health and Fitness Responsibilities: Clients are responsible for selecting a tour that is appropriate for their health, fitness level, and abilities. Any pre-existing medical conditions, disabilities, or recent surgeries/pregnancies that may affect your ability to participate safely should be disclosed to the Company at or before booking. This allows us to advise you if the tour is suitable or to make reasonable accommodations if possible. The Company reserves the right to decline a booking or participation if we reasonably believe that a client’s health or fitness condition may endanger themselves or others on the tour. During the tour, if you have any health issues or injuries, you must immediately inform the guide. By participating, you affirm that you are physically fit and capable of performing the activities of the tour, and you release the Company from liability for any results of conditions that were not disclosed or that we were not aware of. The Company and its guides do not provide medical advice; in case of an emergency, we will seek professional medical assistance for you, and you (or your insurance) will be responsible for the cost of such assistance if any.
5.5 Personal Property: Clients are responsible for their personal belongings at all times during the tour. The Company is not liable for loss, theft, or damage to any personal property brought on the tour. This includes but is not limited to cameras, mobile phones, wallets, jewelry, and luggage. We advise you to carry only essential items and be attentive to your belongings. If transportation is provided and luggage storage is involved (for example, keeping a bag in a vehicle), neither the Company nor the driver can guarantee security, though we will make reasonable efforts to keep belongings safe. Travel insurance for personal property is again recommended. In the event you lose an item during a tour, you may contact us and we will do our best to help you recover it (checking with venues, etc.), but we cannot guarantee retrieval or assume responsibility for the lost item’s value .
5.6 Indemnification: The client agrees to indemnify and hold harmless Medellin MDE Tours S.A.S. and its employees, agents, and partners from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorney’s fees) arising out of or in connection with the client’s participation in the tour, except to the extent caused by the Company’s gross negligence or willful misconduct. This means, for example, that if you injure someone else or damage property during a tour (due to your actions or violation of instructions), you may be required to cover the costs and defend the Company if any claims are made against us as a result . Clients are expected to obey all local laws (see Section 7) and will be responsible for any fines or penalties incurred due to their actions.
5.7 Limitation for Special Damages: In no event shall the Company be liable for any indirect or consequential damages, such as loss of enjoyment, psychological distress, or additional expenses incurred by the client (like separate travel arrangements or accommodation) arising from a tour that did not go as planned. If a court or relevant authority does find the Company liable for any damages despite the above limitations, such liability will be limited to actual direct damages up to the total amount the client paid for the tour.
5.8 Notification of Issues: If you encounter any issue or have a complaint during the tour (for example, a safety concern or a problem with a service), you are obliged to promptly notify the tour leader or the Company’s customer service so that we have the opportunity to address it on the spot . We cannot remedy issues we are unaware of. Any post-tour complaints should be submitted in writing within a reasonable time (for instance, within 14 days of the tour) to be considered. While this clause does not limit your legal rights, prompt communication can often lead to a quicker and more effective resolution for any grievances.
6. Age Restrictions and Accessibility
6.1 Minimum Age Requirements: The Company’s tours may have minimum age requirements, depending on the nature of the activities. Unless otherwise indicated in a specific tour description, children under 18 years of age must be accompanied by a parent or legal guardian at all times during the tour. The adult accompanying a minor is fully responsible for the minor’s conduct and safety. Certain tours that involve alcohol (e.g., craft beer tasting, nightlife tours) or high-adrenaline activities (e.g., paragliding, rafting) may not be suitable for minors or may have a higher minimum age (for example, 18+ for alcohol-related tours, 12+ or 15+ for certain adventure activities). The Company will clearly communicate any age restrictions during the booking process. We reserve the right to decline to accept a booking for a minor if the tour is deemed inappropriate for their age, or to refuse participation to an underage person if they arrive without an adult or without proof of age when required. No refund will be issued if a minor is denied participation due to failure to meet the age requirements or lack of adult supervision, as this is the responsibility of the booking party to adhere to.
6.2 Minor Participants: When minors (children under 18) are allowed on a tour, the accompanying adult must ensure that the minor follows all instructions from the guide and does not act in a way that jeopardizes themselves or others. Some tours may require a waiver to be signed by a parent/guardian on behalf of the minor, acknowledging specific risks. The Company complies with Colombian regulations regarding underage travelers; for instance, if a minor is not traveling with a parent, additional notarized permissions might be required by law (for longer excursions or travel outside the city). It is the responsibility of the guardian to be aware of such requirements. The Company strongly supports child protection laws and will not tolerate any form of exploitation or endangerment of minors in the context of tourism. Any suspicious behavior will be reported to the authorities. (While not a common issue, this statement aligns with Colombia’s Law 679 of 2001 for the prevention of exploitation of minors in tourism, reinforcing our policy even though data protection matters are covered elsewhere.)
6.3 Seniors: There is generally no maximum age for our tours, but adult participants are expected to assess their own physical ability. Seniors or those with limited mobility should carefully review the tour itinerary for any strenuous activities. We welcome seniors on our tours and can often make small adjustments to accommodate them, but we do not recommend certain high-impact activities for those with severe health issues. If you have concerns, please contact us to discuss the tour’s physical demands. We may require participants above a certain age to present a doctor’s note for very physically demanding activities (this is rare and would be communicated in advance).
6.4 Accessibility – Mobility: Medellin MDE Tours strives to be inclusive; however, not all tours are wheelchair accessible or suitable for persons with mobility impairments. Many sites in Medellín (such as the Comuna 13 murals, hillside parks, etc.) involve stairs, uneven walking paths, or lack elevators. If you require wheelchair access or have difficulty walking long distances, please inform us before booking so we can advise you on which tours might be feasible. We will make reasonable efforts to accommodate special needs (for example, arranging a vehicle closer to sites, or adjusting the pace), but we cannot guarantee full accessibility in all locations. If a client arrives for a tour with a mobility aid (wheelchair, walker, etc.) that we were not informed about in advance, we will do our best to include them, but if the tour’s logistics make participation impractical (e.g., no accessible vehicle or the route has unavoidable stairs), the Company reserves the right to refuse participation for safety reasons. This would be treated as a last-minute cancellation by the client if we were not informed ahead of time. Therefore, full disclosure of any mobility or accessibility needs at the time of booking is crucial.
6.5 Other Disabilities and Special Requirements: Clients with visual, hearing, or other impairments are welcome, but we ask that you contact us in advance to discuss your needs. For example, a hearing-impaired traveler might need to be positioned closer to the guide to read lips or might benefit from written commentary; a visually impaired traveler might need a companion (either provided by themselves or we might arrange an assistant at additional cost). We will do our best to accommodate reasonable requests. However, we do not have in-house sign language interpreters or specialized equipment unless arranged beforehand. If you require a personal aide or guide, the aide might be able to join the tour (possibly at a discounted rate; please discuss with us). The Company’s goal is to be inclusive while maintaining the quality and schedule of the tour for all guests.
6.6 Fitness and Health: Many of our tours involve walking and sometimes hiking, climbing steps, or high altitude (e.g., tours outside the city to Guatapé or hiking excursions). We provide general guidance on the physical level required for each tour (easy, moderate, strenuous). It is the client’s responsibility to ensure they are physically fit for the chosen tour. If you are unsure, consult with us or with a medical professional. If a client finds during the tour that they cannot continue due to fatigue or physical difficulty, the guide will attempt to assist (for example, find a resting spot or arrange transport back if possible), but the tour will continue for the other participants. No partial refund is given in such cases (see Section 3.6). We recommend wearing appropriate footwear and attire for the tour’s activity level, as noted in your booking details.
6.7 Equipment and Safety for Minors: For tours that involve safety equipment (helmets, lifejackets, harnesses, etc.), we do have a range of sizes including for children (if the tour is child-appropriate). All minors must use the safety equipment as instructed; refusal to do so will result in the minor (and their guardian) being unable to participate, without refund. Guardians should ensure children understand these requirements in an age-appropriate way.
7. Code of Conduct
7.1 Expected Behavior: All clients are expected to behave in a respectful and orderly manner throughout the tour. This includes following the instructions of the tour guide or driver, especially those related to safety, meeting times, and local regulations. Clients should respect the local culture, customs, and laws of Colombia and any community or site visited. Harassment, discrimination, or disruptive behavior towards other guests, guides, or local people is strictly prohibited. We foster an environment of tolerance and respect; any form of bullying, discrimination (whether based on race, gender, religion, nationality, sexual orientation, etc.), or harassment will not be tolerated . Clients are expected to treat everyone – fellow travelers, our staff, and locals – with courtesy and respect.
7.2 Compliance with Laws: You must comply with all applicable laws and regulations of Colombia during the tour . This includes laws regarding alcohol consumption, drug use, public behavior, and protection of historical sites or nature reserves. For example, vandalism (such as graffiti or defacing structures), littering, or disturbing wildlife is illegal and punishable by law. If a client is found engaging in any illegal activity, the Company has the right to immediately remove that person from the tour, and the matter may be referred to local law enforcement. The Company will bear no responsibility for any legal consequences faced by clients due to their own actions.
7.3 Alcohol and Drugs: The use of illegal drugs or controlled substances is strictly forbidden on any Company tour . If a guide or staff member observes a client in possession of or using illegal substances, the tour for that individual will be terminated immediately, and no refund will be provided. Additionally, the incident will be reported to the authorities if required by law. Alcohol consumption is only allowed when and where it is legal (for example, a beer is offered during a lunch or a tasting is part of the tour). Even when permitted, moderation is expected. Excessive alcohol consumption that leads to impaired behavior can be grounds for removal from the tour for that individual’s safety and the safety/comfort of others . If a client arrives for a tour and, in the guide’s judgment, the client is heavily intoxicated or under the influence of drugs, the Company reserves the right to refuse participation to that client. In such case it will be treated as a no-show or late cancellation (no refund), as the situation is self-induced. Clients are reminded that Colombia has strict laws against drug trafficking and use; even the offer of drugs by street vendors is illegal to accept. Our tours do not involve any illegal substances, and we advise all travelers to avoid any involvement with drugs during their stay.
7.4 Smoking: Smoking (including e-cigarettes or vaping) is not permitted in tour vehicles or indoors at sites we visit, or any other non-smoking public areas as per Colombian law. When outdoors, please ask the guide for permission and only smoke in designated areas or where it does not disturb the group or violate rules. Always dispose of cigarette butts properly (do not litter or risk causing fires).
7.5 Respect for the Community and Environment: We encourage sustainable and responsible tourism. Clients should obey any instructions related to environmental protection, such as staying on marked paths, not collecting “souvenirs” from archaeological sites, not feeding wildlife, etc. When visiting local communities or homes, follow the guide’s lead on etiquette – for example, asking permission before photographing local residents, dressing appropriately for religious or culturally sensitive sites, and not engaging in loud or disrespectful behavior. By participating in our tours, you agree to uphold the principles of responsible travel, which include respecting cultural norms and leaving places as you found them (or cleaner). The guide has the authority to address any behavior that undermines these principles.
7.6 Consequences of Misconduct: If a client behaves in a manner that is dangerous, illegal, or highly disruptive (in the reasonable opinion of the guide or Company management), the Company reserves the right to remove that client from the tour immediately . Dangerous or disruptive behavior can include: physical or verbal assault, excessive intoxication, refusal to follow safety instructions, or actions that jeopardize the safety of the group. In such event, the removed client is not entitled to any refund for unused services . The Company will have no responsibility for any costs incurred by that client following their removal (for example, transportation back to the starting point or hotel). Furthermore, the Company reserves the right to decline any future bookings from such individuals. In cases of damage or loss caused by the client’s misconduct (to property, vehicles, hotels, equipment, etc.), the client will be held liable for all resulting costs . This may include immediate on-site charges or post-tour billing for repairs/replacements. By agreeing to these Terms, you also agree that any guide or Company representative has full authority to enforce this code of conduct during the tour.
7.7 Personal Accountability: Every client is expected to take personal accountability for their actions. If you notice something unsafe or witness inappropriate behavior during a tour, we encourage you to report it to the guide discreetly. The guide is there to ensure everyone’s safety and enjoyment, and can only intervene in situations they are aware of. Upholding the code of conduct ensures a positive experience for the entire group. Should you have any concerns about a fellow traveler’s behavior that was not resolved during the tour, please inform the Company after the tour so appropriate measures can be taken.
7.8 Cultural Sensitivity: Medellin MDE Tours values cultural exchange and understanding. We ask that clients remain open-minded and respectful towards local customs and perspectives. What may be acceptable behavior or humor in one culture could be offensive in another. For example, public displays of affection may be frowned upon in certain areas, or entering a church might require removing hats. Our guides will brief the group on any major cultural do’s and don’ts, and we expect clients to abide by that guidance. Insensitive or derogatory remarks about local culture or history are inappropriate. We reserve the right to address any such issues as part of enforcing respectful conduct.
8. Third-Party Providers
8.1 Use of Third-Party Services: Medellin MDE Tours S.A.S. often collaborates with third-party service providers to deliver a comprehensive tour experience. These Third-Party Providers may include transportation companies (e.g., bus, van or taxi operators), independent tour guides or partner guiding companies, activity operators (such as boat tour companies, adventure sports providers), accommodations (hotels for multi-day tours), restaurants, or other vendors. We select our partners carefully and aim to work only with licensed, reputable providers. However, these third parties operate independently of the Company. The services provided by Third-Party Providers are subject to the terms and conditions of those providers themselves, and by accepting our tour, you also agree to abide by the waivers or rules that those providers may have (for instance, a zipline operator might require you to sign a separate liability waiver specific to their activity).
8.2 No Direct Control or Liability for Third Parties: While the Company will coordinate and arrange the inclusion of third-party services in your tour, it is important to understand that we do not own or operate these third parties, and the Company has no direct control over their personnel, equipment, or operations . Therefore, the Company cannot accept liability for any injury, loss, damage, accident, delay, or irregularity caused by any act or omission of third-party suppliers . This includes, for example, a mechanical breakdown of a vehicle operated by a contracted transport company, or negligence by staff of a restaurant or hotel. Any claim or remedy a client seeks for such incidents must typically be pursued against the specific provider. However, we will provide reasonable assistance to the client who experiences a problem with a third-party service, such as providing contact information or helping communicate with the provider, but we do not assume responsibility for the outcome.
8.3 Third-Party Performance: The Company’s obligation is to arrange and coordinate the services as described in the tour itinerary. If a third-party provider fails to deliver a service (for instance, a museum is unexpectedly closed on the day of visit, or a driver does not show up on time), the Company will make efforts to find an alternative solution. This may include substituting a comparable activity, using a different provider, or adjusting the schedule. If a significant portion of the tour cannot be provided due to a third-party issue and no alternative can be arranged, the Company may provide an appropriate refund for that portion of the tour at its discretion (or as required by law). This is the extent of the Company’s obligation; we are not liable for additional compensation beyond the cost of the affected component. For example, if a partner boat tour that was prepaid is canceled and we cannot reschedule it, we will refund you the cost of that boat tour portion, but we are not liable for any additional compensation such as “loss of enjoyment.”
8.4 Independent Contractors: Tour guides and drivers engaged by the Company might be direct employees or might be independent contractors operating under agreement with us. In either case, while they are conducting a tour for Medellin MDE Tours, they are required to abide by our standards and policies. If you have any issue with a guide or driver’s conduct or performance, please report it to the Company. We take such feedback seriously and will address it. However, note that these individuals, if contractors, may not be exclusively working for the Company. Nonetheless, during the tour, they represent the Company and we will take responsibility for their actions within the scope of the tour (except in cases of rogue behavior outside our instructions or unforeseeable actions on their part). In general, any limitations of liability and releases you agree to with respect to the Company and its employees apply equally to guides or drivers acting on our behalf.
8.5 Optional or Additional Activities: During some tours, you might be offered the opportunity to participate in optional activities provided by third parties (for example, hiring a jet-ski at a lake during a break, or doing a spontaneous helicopter ride, etc.). If these activities are not explicitly included in your tour package and price, they are considered separate optional extras. The Company does not assume liability for optional activities that you elect to undertake at your own expense outside the itinerary. You participate in such activities solely at your discretion and risk. The contract for those services will be between you and the activity provider. The tour guide may assist in arranging these upon request, but this is only as a courtesy. Any injury, loss, or issue arising from optional extras is outside the scope of the Company’s responsibility. We advise you to use your judgment and consider safety and insurance coverage before engaging in any additional activities.
8.6 Transportation: If transportation is included in your tour, the type of transport (van, bus, car, metro, cable car, etc.) will be specified. We work with licensed transport companies. All clients must comply with the safety rules of the transport (e.g., wearing seat belts if provided) and the instructions of the driver. If an accident or incident occurs during transportation, note that it will typically be covered under the transport company’s insurance policy and subject to their terms. The Company’s own liability in such cases is limited as per Section 5.1, but we will assist you in making any necessary claims against the transport provider’s insurance. Luggage and personal items transported are at the owner’s risk (see Section 5.5).
8.7 Accommodation (for Multi-day Tours): For tours that include overnight stays, the Company will arrange accommodations through hotels or hostels that are third-party providers. We aim to select clean, safe, and well-located lodging. The standards of accommodation may vary (and will be described e.g., 3-star hotel, boutique guesthouse, etc.). Any problem with accommodation (e.g., room not as expected, issues with facilities) should be reported immediately to the hotel staff and your tour leader so it can be addressed. The Company is not liable for the quality of services of the hotel (like Wi-Fi outages, housekeeping issues), but we will help communicate and try to rectify any issues within our ability. Any disputes or claims arising out of hotel stays (like damage to hotel property by a client, or loss of items from a hotel room) are between the client and the hotel; the Company is not a party to that, although our guides can assist in communication due to language if needed.
8.8 Meals and Restaurants: If a meal is included and provided by a third-party restaurant, any specific dietary needs should be communicated to us in advance so we can inform the restaurant. The Company is not the preparer of the food and thus not responsible for food-related risks; by accepting a meal, the client assumes the risk of ordinary food service (unless the restaurant is found legally liable for something like contamination). We will do our best to choose reputable dining establishments with good hygiene. If you have severe allergies (e.g., peanut or shellfish allergy), it is crucial you inform us and, when at the restaurant, double-check with the server/chef, as we cannot guarantee the absence of cross-contamination.
8.9 Representations of Third-Party Services: The Company does not guarantee the performance of third-party services beyond what is described. For instance, if a brochure or our website mentions a third-party activity by description, that description is based on information we have from the provider. There may be slight variations or changes (like a specific vehicle model, or a different artist performing in a live show) which are beyond our control. However, if a third-party materially fails to deliver what was promised, the Company will intervene on your behalf to seek a fair resolution, as noted above.
8.10 Liability Release for Third Parties: In summary, by agreeing to these Terms, you acknowledge that Medellin MDE Tours S.A.S. is not liable for the acts or omissions of third-party suppliers or independent contractors that are involved in or provide services for your tour . Any legal remedy or claim that you seek regarding a third-party service must be made directly against that third party, and not against the Company, to the extent this exclusion of liability is permitted under applicable law.
9. Photography and Media Usage
9.1 Photography During Tours: The Company and its guides or representatives may take photographs or videos during tours. These images may include participants (clients) engaged in tour activities or candid moments. We often take these photos to capture the excitement of our tours and, with your consent, to use them for promotional purposes such as on our website, social media pages, brochures, or other marketing materials. By participating in a tour, you grant the Company the right to use and publish such images or footage of you for promotional, marketing, or any other business purpose in any media, without compensation or further approval from you, unless you expressly opt out as described below. This consent is taken to be worldwide, royalty-free, perpetual, and irrevocable. We understand and respect that not everyone is comfortable being photographed; if that is the case for you, please inform your tour guide and/or the photographer at the start of the tour, or contact us in advance to opt out. We will honor any request not to be included in photographs or to refrain from using identifiable images of you in our materials.
9.2 Opting Out of Media: If you do not wish to appear in any photos or videos, you have the right to decline. Simply let our staff know, and we will ensure that our photographers/guides are aware of your preference. If a group photo is taken, for instance, you can choose not to be in it. If photos are taken that inadvertently include you and you prefer they not be used, please notify the guide or contact the Company after the tour with a description of the photo, and we will refrain from using it or will blur/clip you out if already taken. The Company will not knowingly use any image of a clearly identifiable person who has opted out. Bear in mind that public areas are public – we cannot control if other tourists or bystanders take photos. But any official photos under our control will respect your preference.
9.3 Use by Clients of Images: We encourage guests to take their own photos during the tour – after all, you’re on vacation and we want you to have memories! Feel free to share these on social media and tag us if you like. However, any photos or videos taken by clients during the tour are for personal use only. You agree not to sell or commercially use any imagery of our tours that include our branding, other participants, or guides without our prior written consent. If you do post images publicly (e.g., on Instagram, Facebook, TripAdvisor), we assume you are comfortable with those images being visible to others. If you tag or mention us, we might reshare your content on our channels (with credit to you), unless you explicitly ask us not to.
9.4 Drone Use: If you intend to use a drone or other aerial camera during a tour, you must get advance permission from the Company and ensure you comply with local regulations. Many areas in Colombia have restrictions on drone flights (especially near airports, crowds, or sensitive sites). Our guide’s instructions regarding drone use must be followed strictly for safety and legal reasons. We reserve the right to prohibit drone use during a tour if it poses any risk or disturbance. If the Company or guide takes drone footage as part of the tour offering, the same usage rights and opt-out rules apply as for photographs above.
9.5 Media Taken by Third Parties: Occasionally, third-party media (e.g., a local news outlet or a freelance photographer) might accompany a tour or take images (for example, during a festival or event we attend). We will attempt to inform the group if any such external media presence is planned. The use of any footage they take will be governed by their own policies. If you have concerns, you can avoid being filmed or ask us for information, but the Company does not control third-party journalists or media.
9.6 Privacy Considerations: The Company will not associate your name, social media profile, or other personal identifying information with images used in promotions without your further consent. Typically, we use photos in which individuals are not named. In cases of testimonials or stories where a client’s identity might be shared, we would obtain explicit permission. This section strictly pertains to visual media (photos/videos). Any personal data handling (names, contact info, etc.) is addressed in our Data Protection/Privacy Policy which is separate from these Terms (and thus not covered here per your request to exclude GDPR details).
9.7 Requests for Removal: If after a tour you see a photo of yourself on one of our platforms and wish to have it removed, please contact us with the details. We will promptly remove the image if within our control. Our aim is to respect our clients’ privacy while celebrating the memorable experiences through imagery.
9.8 Client Cameras and Responsibility: You are of course welcome to bring your own camera or video equipment. Please be mindful of where you point your camera; some locations (like certain museums or indigenous communities) have restrictions on photography which the guide will inform you about. Always ask permission before photographing individuals outside the tour group (especially children). The Company is not responsible for any confiscation, damage, or issues arising from misuse of cameras (e.g., using flash where prohibited or drones without permission). Also, safeguard your devices – keep straps on in high places, etc., as we cannot be liable for devices lost or broken during the tour, though we sympathize!
9.9 Future Promotional Contact: Separately from photo use, we may ask satisfied clients for a written testimonial or review. Providing that is entirely optional. If you do provide a testimonial, we might publish it (with first name, city, and tour taken, unless you want to stay anonymous). But again, that’s outside the scope of automatic consent – we only use written feedback with permission.
10. Weather Conditions
10.1 Tours Operate Rain or Shine: Medellín’s weather can be unpredictable. In general, tours will proceed in most weather conditions, including light rain or intermittent showers. We advise clients to check the forecast and dress accordingly (e.g., bring a rain jacket or umbrella if rain is expected, wear sunscreen and a hat if it’s sunny, etc.). A tour will not be canceled, nor will refunds be issued, just because of ordinary inclement weather that does not pose a safety hazard. For example, city walking tours will continue in rain (the guide may adjust by seeking indoor routes or pausing under shelter as needed), and outdoor tours will carry on in light rain or moderate weather. Part of the adventure is adapting to the weather, and we appreciate your understanding in this.
10.2 Adverse or Dangerous Weather: The safety of our clients is paramount. The Company reserves the right to cancel or modify a tour in the event of severe or dangerous weather conditions. This includes, but is not limited to: electrical storms (lightning), torrential rainfall causing flooding, hurricanes or tropical storms, extreme heat waves or cold snaps (though extreme cold is generally not an issue in Medellín’s climate), or any official weather warnings from authorities. If such conditions arise before the tour start and are forecasted to persist, we will notify you as soon as possible of any cancellations or changes. If dangerous weather occurs during a tour (for instance, a sudden thunderstorm or unsafe road conditions), the guide may shorten or alter the itinerary for safety. In some cases, a particular activity might be skipped or substituted (e.g., if a cable car to a viewpoint is closed due to high winds, we might do an alternative activity if possible).
10.3 Client-Initiated Weather Cancellations: If the weather is poor but still safe to operate and the Company has not canceled the tour, and a client chooses not to attend or wishes to leave early due to discomfort with the weather, this will be treated as a voluntary cancellation or no-show on the client’s part. In such cases, normal cancellation rules apply (likely no refund for last-minute cancellation). We do understand heavy rain can be unpleasant, and if you’re concerned, you can always contact us to see if rescheduling is possible. We try to be flexible in rescheduling for weather if we have capacity, but we cannot guarantee this, especially for group tours.
10.4 Weather-related Adjustments: In instances of mild weather issues, the tour may be adjusted rather than canceled. For example, if rain is heavy at the tour’s start, the guide might reorder the itinerary (do indoor portions first, hoping the rain eases later) or provide rain ponchos to participants. If heat is an issue, the guide will ensure more frequent water breaks or rest in shade. These minor adjustments are part of our commitment to delivering the tour experience despite weather challenges, and do not entitle the client to any refund or discount since the full tour is still being provided, albeit in modified form.
10.5 Full Weather Cancellation – Refunds/Reschedule: If the Company cancels a tour entirely due to weather or natural conditions (for example, a once-in-a-while tropical storm making any tour unsafe), clients will be given the option to reschedule to a different date (subject to availability and your travel schedule) or to receive a full refund of the tour price. If a multi-day tour is cut short or affected by weather, we will refund any distinct portion that was canceled and not replaced with an alternative. However, note that if certain components were still used (like one day out of a two-day tour), we will refund proportionally for the unused part. The Company is not responsible for any additional expenses you incur due to a weather cancellation (such as hotel costs for an extra night, change of flight fees, etc. – those should be covered by your travel insurance if applicable). Our liability is limited to the tour payments we received, as per Section 5.1.
10.6 Unforeseen Natural Events: Occasionally, natural events such as landslides, road closures, or public demonstrations (strikes) could affect the tour route or access to certain areas. While not strictly “weather,” these are environmental factors. The Company treats these similarly: the guide will adapt the itinerary if possible to still give a complete experience, or the Company may cancel if it’s impossible to continue. For example, if a road to a countryside tour destination is blocked due to a mudslide, we might substitute a different destination if feasible. If no alternative is available, we’d cancel and refund that tour. We will always communicate the situation and options to the clients as transparently as possible.
10.7 Client Preparedness: It is the client’s responsibility to be prepared for expected weather conditions. The Company will provide general advice on what to wear or bring, but ultimately you should have attire suitable for the season and forecast. Lack of appropriate clothing (e.g., arriving in flip-flops for a hike when sturdy shoes were advised, or no jacket in rain) might lead to discomfort or even the guide refusing to take you on a particularly risky segment (for your own safety). We want you to enjoy the tour, so please heed our pre-tour instructions regarding weather prep.
10.8 High Altitude or Sun Exposure: Some tours might involve higher elevations (e.g., going to mountain areas) or prolonged sun exposure. Weather conditions include things like thinner air or stronger UV rays. We include this here to remind clients to consider weather in a broad sense – e.g., wear hats, use sunscreen, stay hydrated in hot weather. If you have altitude sensitivity, let us know. While not a “cancellation” issue, weather and climate factors like these are part of tour conditions you agree to take on.
11. Force Majeure
11.1 Definition of Force Majeure: “Force Majeure” refers to events or circumstances that are beyond the reasonable control of the Company, which prevent or impede the fulfillment of the tour or any obligation under these Terms. These include, but are not limited to: natural disasters (such as earthquakes, hurricanes, floods, volcanic eruptions), epidemics or pandemics (including government health emergencies or quarantines) , war or acts of terrorism, civil unrest or riots, strikes or labor disputes affecting essential services, significant infrastructure failures (widespread power outages, road closures, airport shutdowns), or any government order or law that makes it illegal or impossible to perform the tour (for example, government-imposed travel bans, lockdowns, or curfews). A Force Majeure event, in essence, is something extraordinary and unforeseeable (or if foreseeable, unavoidable) that renders the performance of the tour infeasible or unsafe.
11.2 Non-Liability in Force Majeure: If the Company is prevented from or delayed in performing any of its obligations (including conducting a tour) due to a Force Majeure event, the Company shall not be considered in breach of these Terms. In such cases, the Company is released from liability for failure to provide the tour or any part of it, provided that we notify clients as soon as reasonably possible about the Force Majeure situation. For example, if a sudden government decree prohibits all tours due to a pandemic outbreak, the Company cannot be held liable for canceling tours on short notice. Similarly, if civil unrest erupts making it unsafe to proceed, we will cancel or alter the tour and not be liable for the change.
11.3 Company’s Rights and Client’s Rights in Force Majeure: Upon the occurrence of a Force Majeure event, the Company may, at its sole discretion, either: (a) cancel the affected tour (in whole or in part), or (b) offer a postponement or rescheduled date for the tour, or (c) offer a reasonable alternative tour or itinerary if feasible under the circumstances. We will endeavor to provide an alternative solution that is of equal value or similar experience if possible. The client will be given the option to accept the alternative or rescheduled tour or to receive a refund as outlined below.
11.4 Refunds in Force Majeure Cases: If a tour is canceled by the Company before commencement due to Force Majeure, we will provide clients with a credit or voucher for the full value paid, to be used for a future tour, or a refund of recoverable funds at our discretion. Note that in some Force Majeure cases, the Company may not be able to recover certain costs already paid to suppliers (for example, a hotel or airline may not refund us despite the Force Majeure). We will be transparent about such non-recoverable costs. Typically, we will try first to negotiate with our suppliers for refunds or at least credits. Any amounts we do recover will be passed on to you in the form of refunds. Any amounts not recovered (e.g., a portion of your payment that has been used for a service that can’t be refunded due to the Force Majeure event) may be retained as a credit for a future service. We do not aim to profit from a Force Majeure cancellation, but we must also ensure we are not financially crippled by events outside our control. Administrative fees or minimal unrecoverable expenses might be deducted if those were already incurred (for instance, permit fees or bank fees that are not returned).
If a tour is terminated mid-way due to Force Majeure (for example, day 2 of a 5-day tour has to stop because of a natural disaster), the Company will refund or credit the portion of the tour that was not delivered, after accounting for any non-recoverable expenses. We will calculate this fairly, e.g., if clients must be sent home early, any funds saved from not providing remaining services will be returned to clients proportionally.
11.5 Client’s Responsibilities in Force Majeure: If you are already on tour and a Force Majeure event occurs requiring changes, you are expected to follow the instructions of the Company or guide for safety. For instance, you may need to evacuate an area or accept a change of itinerary for your own well-being. If you decline to follow the revised plan or choose to leave the tour of your own accord due to such an event, the Company cannot be held responsible for any resulting costs you incur (like alternative transport or accommodation). If a Force Majeure event requires that you extend your stay (for example, a sudden lockdown means you can’t depart the country as scheduled), such arrangements are outside the scope of the tour contract — though we will help with advice or logistics if we can, at your cost. It is again highly recommended that your personal travel insurance covers Force Majeure scenarios (many policies post-2020 do cover some aspects of trip interruption due to pandemics or natural disasters).
11.6 No Compensation for Force Majeure Impacts: Aside from the refunds/credits discussed, the Company is not liable for additional compensation, damages, or losses suffered due to Force Majeure. This includes things like lost vacation time, emotional distress, airfare changes, etc. Those secondary effects should be addressed by your travel insurance. By agreeing to these Terms, you acknowledge that major unforeseen events are a possibility, and you accept the outlined remedies as sufficient.
11.7 Examples and Notification: For clarity, here are some examples of Force Majeure application:
- If there is a sudden pandemic outbreak or government mandate (travel ban, quarantine) that makes operating tours illegal or unsafe, we would cancel tours and issue credits or refunds per 11.4.
- If a natural disaster (e.g., earthquake) damages the tour destination or infrastructure, we might cancel or alter the itinerary.
- If political unrest breaks out (e.g., protests that block city center), we may modify a city tour route or postpone it.
- If a strike by air traffic controllers cancels flights needed for a multi-day package, we might rearrange ground transport or adjust dates, or cancel with appropriate refund.
In all such cases, we commit to informing you as soon as we become aware of the issue and have determined the course of action. Communication will typically be via the contact details you provided (email or phone).
11.8 Continuation of Tour Contract: A Force Majeure event, if temporary, will suspend the obligations of both parties. Once the Force Majeure event is resolved or the period has passed, the contract may resume (for example, if a tour is postponed). If the event makes the contract effectively impossible to perform in the foreseeable future, the contract may be terminated and settlements made as above.
12. Dispute Resolution and Governing Law
12.1 Governing Law: These Terms and Conditions, and any contracts or agreements formed between the client and Medellin MDE Tours S.A.S. as a result of booking a tour, shall be governed by the laws of the Republic of Colombia . Colombian law will apply to interpret all issues such as contract formation, performance, and enforcement, regardless of the country of residence of the client or where the booking was made. The client agrees that the material aspects of this agreement are performed in Colombia (since the tours take place in Colombia), which provides the rationale for the choice of law.
12.2 Jurisdiction: In the unlikely event of a dispute that cannot be resolved amicably or through alternative means, as described below, the parties agree that any legal action or proceeding shall be brought exclusively before the courts of Medellín, Colombia . Specifically, the courts located in Medellín (in the Department of Antioquia) shall have jurisdiction over any claim, lawsuit, or proceeding arising out of or related to these Terms or the provided tours. By agreeing to these Terms, the client consents to the personal jurisdiction of these courts. This choice of forum is made for the sake of clarity and consistency, given the Company is based in Medellín. However, the Company reserves the right, in its sole discretion, to initiate legal proceedings in the country of the client’s residence if a judgment needs to be enforced or if it addresses the Company’s intellectual property or other protectable interests.
12.3 Complaint Resolution: We sincerely hope that any concerns or disputes can be resolved through communication. If you have a complaint or issue with the Company’s services, you are requested to first raise the issue directly with us (email or phone) as soon as possible, as noted in Section 5.8. Our customer service team will try to resolve the matter to your satisfaction.
12.4 Mediation: If a dispute arises that cannot be readily resolved through ordinary customer service and management intervention, the parties (the client and the Company) may mutually agree to attempt to resolve it through mediation. Mediation is a voluntary process where an impartial mediator helps the parties reach a settlement. If both parties consent, we can select a neutral mediator in Colombia (or an online mediation service) to assist. Mediation discussions are confidential and without prejudice (meaning they can’t be used later in court if it fails). Either party is free to withdraw from mediation, but we encourage this step as it can often preserve relationships and reach a quicker resolution. The costs of mediation, if any, would typically be shared equally, unless agreed otherwise.
12.5 Arbitration: As an alternative to or following mediation, the parties may agree to binding arbitration. Arbitration is a process where a dispute is submitted to one or more arbitrators who make a decision on the dispute, often in a less formal setting than court. If both the client and Company agree, the dispute can be finally resolved by arbitration administered by a recognized arbitration center in Colombia, such as the Centro de Arbitraje y Conciliación de la Cámara de Comercio de Medellín, under its rules. The arbitration would be conducted in Medellín, in either English or Spanish (if the client prefers English, we will strive to accommodate that, possibly with translation). The arbitrator’s decision (award) would be final and binding on both parties, and judgment on the award may be entered in any court of competent jurisdiction. Arbitration can sometimes be faster and less costly than court litigation. However, please note: arbitration is not mandatory under these Terms – we are simply including it as an option if both sides prefer it. If either party does not want to arbitrate, then the dispute will remain in the domain of the courts as per clause 12.2.
12.6 Waiver of Class Actions: To the extent permitted by law, the client agrees that any dispute resolution proceedings (whether in court, arbitration, or any other forum) will be conducted only on an individual basis and not in a class, consolidated, or representative action. This means you will not join your claim with those of other customers in a lawsuit against the Company, and an arbitrator or court, as applicable, can only decide the case of the individual parties. (This is a common clause to prevent class action lawsuits; however, if Colombian law does not recognize class actions in this context or if this clause is unenforceable in a given jurisdiction, it may not apply. The intent is to encourage resolving individual disputes on their own merits.)
12.7 Time Limit for Claims: Any claim or cause of action you may have against the Company arising out of or related to a tour or these Terms must be notified to us as soon as possible and in any event within one (1) year after the cause of action accrues. After this period, to the fullest extent permitted by law, such claim will be barred. This provision is intended to ensure timely handling of any disputes while evidence and recollections are fresh. It does not apply to personal injury claims in jurisdictions where such limitation would be prohibited, but in most contractual or statutory claims it will apply.
12.8 Legal Fees and Costs: In any litigation, arbitration, or other proceeding between the Company and the client, each party will bear its own attorneys’ fees and costs, unless a statutory provision or contractual provision specifically allows the prevailing party to recover fees and costs. (For example, if a court finds a party acted in bad faith, it might award legal costs – but generally, each side covers their own). We prefer to handle issues outside of court to avoid these costs altogether.
12.9 Partial Invalidity: If any portion of this Dispute Resolution clause (Section 12) is found to be invalid or unenforceable (for example, if a court says an arbitration agreement is not enforceable in a consumer context without a separate signed consent), the remainder of the section and Terms shall remain in full force and effect.
12.10 Continuation: This dispute resolution agreement (mediation/arbitration clause, etc.) survives the termination or completion of your tour contract with us. That means even after the tour is over, these methods and choices of law/forum still apply to any disputes that might arise.
13. Custom and Private Tours
13.1 Availability of Custom Tours: In addition to our regular scheduled tours and standard packages, Medellin MDE Tours S.A.S. offers customized and private tour options upon request. Clients seeking a tailor-made experience – for example, a private group tour, a corporate outing, or a multi-day itinerary built to specific interests – can contact the Company to discuss their needs. Custom and private tours are highly flexible and designed in consultation with the client. The content, duration, group size, and inclusions can be adjusted as per client request, subject to feasibility and availability. We encourage inquiries for special occasions, large groups, or niche interests; our team will use its expertise and local knowledge to craft a unique itinerary for you.
13.2 Quotation and Agreement: When a client requests a custom or private tour, the Company will typically prepare a proposal or quotation outlining the suggested itinerary, inclusions, and the price for the custom package. This proposal will also include any special terms applicable (for example, deposit amounts, stage payments, specific cancellation terms differing from our general policy, etc.). A custom tour booking is confirmed once the client agrees to the proposal in writing (which may be an email confirmation or signing an agreement) and pays the required deposit or full payment as specified. Because custom tours often involve unique arrangements (such as chartering vehicles, reserving accommodations, hiring specialist guides, etc.), the terms of confirmation and cancellation might be stricter than for regular tours. The client will be informed of these at the time of booking.
13.3 Pricing and Payment for Custom Tours: Pricing for custom tours is determined based on the specific itinerary and services requested. Unlike standard tours which have a fixed price per person, a custom tour quote will consider factors such as: the number of participants, the complexity of the itinerary, any luxury or special arrangements, high-season vs low-season dates, and so on. The price will generally be quoted as a package (either per person or a total package price). A non-refundable deposit is usually required to secure bookings for custom tours, especially if significant upfront costs are involved (like hotel reservations, event tickets, or transport bookings that the Company must pay in advance). The deposit amount and due date for final balance will be outlined in the custom tour agreement. Full payment might be required earlier than for standard tours; for example, we might ask for 50% deposit and 50% a month before the tour, depending on the arrangements. If the booking is made on short notice (last-minute custom tour), full payment may be required immediately.
13.4 Cancellation Terms for Custom/Private Tours: The cancellation policy for custom tours may differ from our general policy (Section 3.1) due to the bespoke nature of the arrangements. Typically:
- The initial deposit is non-refundable because it is used to lock in various components.
- Cancellation after the deposit but before final payment might incur loss of the deposit and any other costs already incurred by the Company on your behalf.
- Once the tour is fully paid (or within a certain window before departure, e.g., 15 or 30 days prior), cancellation might result in higher penalties up to 100% of the tour cost, especially if we cannot recoup costs from suppliers.
For example, a possible custom tour cancellation schedule (just as an illustration, actual terms will be in your proposal) could be: 30+ days before start, loss of deposit only; 15-29 days before, 50% charge; 0-14 days before, 100% charge. We will clearly communicate the specific cancellation terms in your custom tour quote. Administrative fees and non-refundable components (like flight tickets, event tickets, permits) will also be detailed and will not be returned if they’ve been secured for you . We strongly recommend travel insurance for custom tours given these stricter terms. If you cancel a custom tour, the Company will try to minimize the charges where possible (for instance, if we can get partial refunds from hotels, we will pass that on), but we cannot guarantee it beyond the terms agreed.
13.5 Changes and Flexibility: One advantage of private tours is flexibility. Minor changes to the itinerary or schedule can often be accommodated even after confirmation, subject to agreement. However, significant changes requested by the client (such as date changes, adding or removing major components) may be treated as a cancellation and rebooking if they fundamentally alter the tour, since suppliers may charge penalties for changes. The Company will strive to be accommodating – for instance, if you just want to swap one attraction for another on a day, that’s usually fine and we’ll adjust any cost difference. But if you want to move the tour to entirely new dates, the original booking might need to be canceled (cancellation policy applies) and a new booking made, unless suppliers allow a date shift without penalty. We will discuss and confirm any changes case by case.
13.6 Custom Group Tours (Large Groups or Corporate): If a custom tour is for a large group (e.g., a corporate retreat, student group, etc.), the contract may include additional terms such as a rooming list deadline (providing names for hotel bookings by X date), a policy on reductions (if fewer people show up than paid, etc.), and any special liability waivers if needed. The group organizer booking with us is responsible for conveying these Terms to the actual participants. The Company can provide a summarized “participant guidelines” version if needed for distribution.
13.7 Private Tour Conduct: On private tours, although you have more freedom in pacing and content (since it’s just your party), the same rules of conduct and safety apply as in Sections 5-9 of these Terms. Private tour clients and their group must adhere to guide instructions, safety rules, and code of conduct. A private tour does not mean unlimited freedom if something is unsafe or illegal. Our guide will still manage the tour professionally and has the right to terminate or modify the tour if any situation in the private group becomes untenable (for example, if a private group member is extremely intoxicated and poses a risk, the guide can cut short the activity for safety). No refunds will be given in such cases, similar to group tour policies.
13.8 Unused Services in Custom Itineraries: If a client decides to skip or not use a particular service in a custom itinerary (say you choose not to attend a dinner or use a hotel night that was arranged), that is your choice, but no refund can be provided for that unused portion, as it was pre-arranged and paid. Custom tours are sold as a package; we cannot refund components not taken. If the Company itself fails to deliver a component (due to our or a supplier’s fault), then Section 8.3 on third-party performance and Section 3.3 on Company cancellations would apply to that component (we’d find an alternative or refund its value).
13.9 Combination with Standard Tours: Sometimes a custom tour might incorporate one of our standard tours as part of a larger itinerary (for example, you book a multi-day custom package that includes joining one of our regular group day tours on one of the days). In such cases, the standard tour portion will still be governed by our regular Terms for that tour, but the overall package is under the custom tour’s terms for payment and cancellation. We will clarify any such hybrid arrangements in the proposal.
13.10 Communication: Since custom tours are more personalized, expect a more detailed communication process. We will likely exchange several emails or calls to fine-tune your itinerary. It’s important that any special promises or agreements (like “guide John Doe specifically will lead this tour” or “restaurant X for dinner on day 2”) are captured in writing in the final itinerary or confirmation. While we strive to deliver everything as discussed, only the written confirmed itinerary is assured. Verbal discussions that are not in the contract are not guaranteed. This protects both you and us from misunderstandings.
13.11 Governing Terms: These general Terms and Conditions apply to custom and private tours except where we have agreed on different terms in the custom tour contract or proposal. In the event of any conflict between this Section 13 (or a signed custom tour agreement) and the general sections of these Terms, the specific custom tour provisions will take precedence for that booking. For example, if the custom tour contract says “cancellation up to 30 days prior = 50% refund,” that overrides the general Section 3 policy for that particular booking. All other sections (conduct, liability, etc.) still apply fully.
13.12 Conclusion: We appreciate the trust you place in us to design a custom experience. Custom and private tours are often some of the most memorable, and we take pride in tailoring these to your preferences. The Terms outlined ensure both parties are clear on expectations and provide a framework for handling the booking professionally. If you have any questions about our custom tour policies or need clarification on any point, please ask – we are here to help and make the process as smooth as possible.
By booking with Medellin MDE Tours S.A.S., you acknowledge that you have read, understood, and agreed to the above Terms and Conditions. These Terms constitute the entire understanding between the Company and the client regarding the subject matter herein, and supersede any prior statements or assurances related to the same. We thank you for choosing us as your tour operator in Medellín, and we look forward to providing you with an excellent and safe travel experience.
