terms and conditions of the agreement casa rosada

The following are the terms and conditions that regulate the commercial relationship ofshort stay lodging between THE GUEST, on the one hand, and FRAIER S.A.S., a simplified stock company, incorporated and organized under the laws of the Republic of Colombia, domiciled in Bogotá D.C., identified with NIT 830.124.711-2, legally represented by RUBÉN RAIS RATNER, identified with citizenship card number 1.136.879.698, who for the purposes of these terms and conditions shall be referred to as THE OPERATOR of “Casa Rosada”.

The following are the terms and conditions that will henceforth govern the commercial hosting relationship:

1. OBJECT. By means of the present agreement THE OPERATOR provides THE GUEST with the lodging service in a furnished apartment, including domiciliary public utilities, during the term of the present agreement, in exchange for the price established in the agreement. The property on which it will be housed is an apartment located at Carrera 3 # 11 – 88, La Candelaria neighborhood, in the city of Bogotá, in the Casa Rosada Building.

PARAGRAPH ONE: THE GUEST hereby confirms that the persons to be accommodated will be those indicated in the reservation form.

SECOND PARAGRAPH: The price includes public and private utilities of the apartment (electricity, water and internet).

2. PERIOD OF LODGING. This agreement is concluded for a period equal to that of the reservation made through the online reservation form.

3. CANCELLATION OF THE RESERVATION. All reservations may be cancelled no less than seven (7) calendar days in advance at no cost. If the cancellation of the reservation is made less than seven (7) calendar days in advance, there will be a charge of 50% of the value of the reservation. On the day of the reservation there will be no reimbursement for cancellation, except in the case of a proven act of God or force majeure. (Serious medical or domestic calamity)

4. PRICE. THE GUEST undertakes to pay to the OPERATOR the sum established and agreed upon in the reservation.

5. Payment Method. THE GUEST is obliged to pay the value of the reservation in advance, i.e. at the time of booking by credit card.

THE OPERATOR reserves the right to increase the value of the night unilaterally for future lodging agreements in such a way that the value in this agreement presented is unique and exclusive to THE GUEST at the time of booking. THE OPERATOR is not obliged to maintain prices in the event that THE GUEST wishes to use its services on an interrupted basis or in the event of an extension of the initial reservation.

6. OBLIGATIONS OF THE OPERATOR. By means of the present agreement, THE OPERATOR undertakes to:

6.1. To provide the lodging service to THE GUEST, object of the present agreement, during the term of validity of the agreement.

6.2. To deliver and maintain the apartment and its equipment in good condition and suitable conditions for its habitability.

6.3. To deliver to THE GUEST the welcome packet at the time of arrival and the rules for the use of the property.

6.4. Respect and listen to THE GUEST, as well as attend to their claims, complaints or communications.

7. Obligations of THE GUEST. Under this Agreement, THE GUEST undertakes to:

7.1. Pay to OPERATOR the price set forth in this agreement.

7.2. To care for and maintain the property, its equipment and infrastructure in good condition.

7.3. Respect the noise levels allowed by law.

7.4. Register with THE OPERATOR visitors of THE GUEST, who may not stay overnight on the premises or remain on the premises after 9:00 pm or before 8:00 am. All visitors must be properly registered with THE OPERATOR.

7.5. Not to exceed the limit of three (3) visitors in the apartment at the same time.

7.6. Comply with visiting hours, for which visitors must leave the building at the end of visiting hours, since they are not allowed to stay overnight in the apartment.

7.7. Respect the limit of people that can stay in the apartment, which will be determined in the reservation according to the apartment reserved and who must be duly registered in the reservation form. Any person staying in the apartment must register with THE OPERATOR.

7.8. To host in the apartment only the persons that THE GUEST reported in its reservation or subsequently to THE OPERATOR.

7.9. To use the apartment exclusively for residential purposes. THE GUEST shall refrain from using it for any other purpose, including abusive use of it and its services.

7.10. Respond to the slightest fault for the breach of its obligations or any of its visitors.

7.11. Deliver the property on the day of termination of the agreement by 10:00 a.m. at the latest.

7.12. To accept the unilateral and immediate termination of the lodging agreement, and without any indemnification to his favor, upon the breach of any of the obligations of THE GUEST, for which he authorizes the OPERATOR and its delegates to prevent his entry, deliver his belongings and suspend public services.

7.13. To comply with the prohibition of sexual exploitation activities.

7.14. Refrain from consuming or using illegal psychoactive substances in the apartment or substances that affect the coexistence with other guests.

7.15. Act with integrity, respect and cordiality with other guests and the staff of THE OPERATOR.

7.16. To be responsible for any damage caused by them, their companions, or visitors to any property or item within the premises. These damages will be charged to the guest’s account, who will be required to pay the amount corresponding to the repairs or replacement of the affected item. In the case of damage caused, noise fines, or unreported minibar consumption, the charge will be made through one of the different payment methods, primarily by charging the credit card.

7.17. To possess valid and accurate legal documentation required to visit the country, such as passports, visas, vaccinations, certificates, and other relevant documents, and present this documentation if requested by THE OPERATOR. PARAGRAPH. Minors must be accompanied by their parents or by a representative who can demonstrate a familial relationship with the minor. The guest must have the pertinent documents such as notarized birth certificates, identification cards, or special permits granted by the competent authorities, which may be required by THE OPERATOR. In the event of any irregularities regarding the documentation or the accompaniment of minors, THE OPERATOR is authorized to inform the competent authorities and provide the required information for the corresponding investigations.

8. RIGHTS OF THE OPERATOR. By means of this agreement, the OPERATOR shall be entitled to:

8.1. To receive the payment agreed upon in the reservation.

8.2. To deduct values owed from the credit card offered by THE GUEST for any concept of non-compliance with the obligations of THE GUEST and/or loss of inventory items and/or deterioration of the property.

8.3. To terminate the agreement unilaterally in the event of non-compliance with the obligations of THE GUEST, without refunding the value of the reservation.

8.4. In the event of non-compliance with the obligations of THE GUEST, THE OPERATOR may prevent his entry into the Building, removing his belongings from the Building and suspending public and private services.

8.5. THE OPERATOR has a lien and pledge on items owned or possessed by THE GUEST upon any default in the obligations of THE GUEST.

9. Obligations of THE GUEST. By means of this agreement, THE GUEST is entitled to enjoy the apartment, its assets, the common areas of the building and the complementary services of the OPERATOR, according to availability, during the time of the reservation.

10. RESERVATION. THE GUEST at the time of the reservation and with his confirmation will accept the terms and conditions of this agreement, in particular the stipulated rate and cancellation policies of the reservation, the policy of treatment of personal data, and the credit card management agreement. In the same manner, by accepting the terms and conditions of this contract, THE GUEST declares that they act on behalf of their companions, who also accept these terms and conditions, and thus will have the rights and obligations established in this contract.

11. DELIVERY. THE OPERATOR shall make material delivery of the apartment together with its goods and services on the day of arrival of THE GUEST. The delivery will be made by handing over the keys of the apartment at the reception desk of the building.

12. RESTITUTION OF THE PROPERTY. Upon termination of the agreement for any cause, THE GUEST must vacate the apartment and building, leaving the keys in the apartment, no later than 10.00 a.m. on the same day. Within the following three (3) calendar days, THE OPERATOR shall supervise the inventory delivered and the condition of the property. In the event of any missing, damaged or deteriorated elements of the inventory or of the property due to misuse, the credit card of THE GUEST will be charged, for which the cost of the replacement or repair of the goods will be taken into account.

13. TERMINATION OF AGREEMENT. The present agreement shall terminate for the reasons provided by law and in particular for:

13.1. Mutual agreement of the parties.

13.2. Expiration of the term of the lodging reservation.

13.3. For non-compliance with the obligations of any of the parties.

13.4. Unilateral termination of the OPERATOR without prior notice upon breach of the obligations of THE GUEST and particularly in the event that, in the judgment of the OPERATOR, the behavior or actions of THE GUEST attempt against the healthy and peaceful coexistence in the building.

FIRST PARAGRAPH. Upon unilateral termination of the OPERATOR, for any cause whatsoever, THE GUEST shall not be released or exonerated from his obligations to pay the price or the missing items described in the inventory or the damages to the elements of the apartment, as well as the deterioration of the property.

SECOND PARAGRAPH. Upon unilateral termination of the OPERATOR, for breach of the obligations of THE GUEST, the latter may prevent his entry to the building and exercise the right of lien and pledge on the property of THE GUEST. For these purposes, the OPERATOR is authorized to enter the apartment, draw up an inventory of the items and objects belonging to THE GUEST and remove them from the apartment to leave them on deposit, at the expense and risk of THE GUEST. After seven (7) days have elapsed without THE GUEST having complied with his obligations, THE OPERATOR may freely dispose of the retained items to cover the outstanding obligations plus 10% by way of delegated administration. The surplus, if any, shall be placed at the disposal of THE GUEST.

THIRD PARAGRAPH. THE GUEST waives any requirement to constitute it in default of his obligations in accordance with the provisions of the law.

14. RESPONSIBILITY OF THE OPERATOR. THE OPERATOR assumes no responsibility whatsoever for damages that THE PROPERTY may suffer due to causes attributable to third parties or other tenants of the same property, or from its employees or dependents, nor for robbery, theft, or losses caused by fire, flood or terrorism. It shall be the responsibility and obligation of THE GUEST to provide the security measures
of the property that is the object of this agreement. In this way, THE OPERATOR is not responsible for any loss of valuable items left inside the property, partial and total damage to them, as well as the loss of objects, documents, jewelry, and money inside the property, as it is the responsibility and obligation of the GUEST or their companions to take care of their belongings, leaving THE OPERATOR exempt from any responsibility.

Therefore, on a personal basis and on behalf of other individuals acting in their favor, THE GUEST releases THE OPERATOR, its controlling entities, subsidiaries, as well as its shareholders, representatives, agents, and employees, their successors or assignees, from all claims or liabilities of any kind arising from their stay, except in cases of willful misconduct or gross negligence duly proven and attributable to THE OPERATOR. Additionally, in the unlikely event of civil liability of THE OPERATOR for the only causes already described (willful misconduct or gross negligence), the parties agree that, based on the principle of contractual risk equity and economy, the actual existence of patrimonial or non-patrimonial damage suffered by THE GUEST, their heirs, or their companions must be proven, and the respective compensation shall not exceed in any case the equivalent of twenty (20) times the Colombian Legal Minimum Wage, an amount that will only be recognized upon prior proof of the existence of the compensable damage and its amount. It is clear to the parties that THE OPERATOR will not be liable in any case for indirect, unforeseen, or unforeseeable damages.

15. EXECUTIVE MERIT. Since this agreement contains express, clear and enforceable obligations, it is enforceable by virtue of the provisions of the General Procedural Code, in particular the obligation to pay the price and the replacement or repair of the inventory and real estate.

16. ACCEPTANCE OF THE AGREEMENT. THE GUEST represents and declares that by accepting the online reservation he/she has read and accepted the terms and conditions of this agreement. Likewise, you accept the data treatment policy and the credit card handling form.

17. EXPENSES AND TAXES: THE GUEST shall pay all expenses and taxes caused by this agreement, including those caused by its extension or renewal such as Value Added Tax, and, in general, any tax derived from this agreement.

18. PROHIBITION OF SEXUAL EXPLOITATION. THE GUEST, his visitors or companions shall categorically refrain from using or using the apartment for purposes related to sexual exploitation of minors or adults, or for the exercise of activities related
to sex work. The entry of children or minors for sexual activities or services is strictly prohibited. In case of breach of this prohibition by THE GUEST, THE OPERATOR shall be authorized to bring such a situation to the attention of the competent authorities and to take all appropriate measures to prevent cases of sexual exploitation. Likewise, THE OPERATOR is authorized to unilaterally terminate this agreement, and without payment of any compensation or reimbursement of the reservation, in the event that THE GUEST breaches or violates this prohibition. THE OPERATOR does not offer, promote or sponsor activities related to sex tourism or sexual exploitation of minors.

19. PROHIBITION OF ILLEGAL ACTS IN THE APARTMENT. THE GUEST shall refrain from carrying out any act that is considered illegal or a crime under Colombian or international law, in particular acts related to the consumption, production or distribution of psychoactive substances in the apartment and in the common areas. Likewise, THE GUEST shall be authorized exclusively for the use of the lodging apartment.

20. PROTECTION OF PERSONAL DATA. The authorization and regulation of data processing that will govern this relationship will be as set out on the website at the time of booking.

21. CREDIT CARD MANAGEMENT. Attached to this agreement is the credit card handling authorization document which THE GUEST authorizes with the acceptance of these terms and conditions.

22. CONFLICT RESOLUTION Any controversy or dispute arising out of these Terms and Conditions or their performance shall be settled in the first instance by direct agreement between the Parties. If this is not possible, THE GUEST shall submit a written complaint to gerencia@casarosada.co, which shall be resolved by THE OPERATOR within fifteen (15) business days following the sending of the complaint. Once the claim has been resolved or THE OPERATOR has remained silent within the indicated term, THE GUEST may appeal to the Superintendence of Industry and Commerce or before ordinary jurisdiction.

23. GOVERNING LAW This agreement shall be governed by the laws of the Republic of Colombia, by Act 1480 of 20211 and other civil and commercial regulations applicable to the matter.

24. ELECTED DOMICILE. For all legal purposes, the city of Bogotá DC is established as a contractual address.

25. MODIFICATIONS. THE OPERATOR is not obliged to maintain the terms and conditions of this agreement in future or new reservations made by THE GUEST, so he may modify them prior to the new reservation. The date of signature of this agreement shall be the same date on which the reservation was made.