📜 TERMS OF SERVICE

Last updated: September 25, 2025

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1. ACCEPTANCE OF TERMS

By accessing and using the Minca Seasons website (https://mincaseasons.com) and/or staying at our birdwatching hostel, you accept and agree to be bound by the terms and provision of this agreement.

Company Information:

• Business Name: Minca Seasons Birdwatching Hostel

• Dirección Camino a Milagro Verde, Minca, Santa Marta, Magdalena, Colombia

• Contact Email: mincaseasons@gmail.com

• Phone: +57 311 3323359

• Tourism Registry: 135107

If you do not agree to abide by the above, please do not use this service or make reservations with us.

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2. DEFINITIONS

“Service” refers to the website, accommodation, and all birdwatching-related services provided by Minca Seasons.

“Guest” refers to any person making a reservation or staying at Minca Seasons.

“Property” refers to the physical location and facilities of Minca Seasons Birdwatching Hostel.

“Booking” refers to any reservation made through our website, email, WhatsApp, or phone.

“Force Majeure” refers to extraordinary circumstances beyond our control including but not limited to natural disasters, government restrictions, pandemics, or extreme weather conditions.

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3. WEBSITE USE AND ACCESS

3.1 Permitted Use

✅ You May:

• Browse our website for information about accommodations and services

• Make legitimate reservations for personal use

• Contact us for inquiries about birdwatching and accommodation

• Share our content on social media with proper attribution

• Use our website to access local birding information and resources

3.2 Prohibited Use

❌ You May Not:

• Use our website for any illegal purposes

• Attempt to gain unauthorized access to our systems

• Post or transmit harmful, offensive, or inappropriate content

• Use our website to make false or fraudulent reservations

• Copy, reproduce, or redistribute our content without permission

• Interfere with the proper functioning of our website

• Use automated systems to make multiple bookings

3.3 User Accounts

📧 Account Creation:

• You may create an account to manage reservations

• You are responsible for maintaining account security

• You must provide accurate and current information

• You may not share your account credentials with others

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4. ACCOMMODATION RESERVATIONS

4.1 Booking Process

📅 Making a Reservation:

• Reservations can be made via website, email, WhatsApp, or phone

• A valid credit card or payment method is required to secure booking

• Confirmation will be sent via email within 24 hours

• All rates are quoted in US Dollars unless otherwise specified

💰 Deposit and Payment:

• Deposit Required: 30% of total stay cost to confirm reservation

• Final Payment: Due upon check-in or as specified in booking confirmation

• Accepted Payment Methods: Cash (COP/USD), credit cards, PayPal, bank transfer

• Group Bookings: Different deposit requirements may apply

4.2 Pricing and Rates

💵 Rate Structure:

• High Season (Dec-Mar): Premium rates apply

• Low Season (Apr-Nov): Standard rates apply

• Long Stay Discounts: 20% off for stays of 7+ nights

• Group Discounts: 15% off for 4+ people booking together

• Last-Minute Rates: Subject to availability and seasonal demand

📈 Rate Changes:

• Rates are subject to change without notice

• Confirmed reservations honor the rate at time of booking

• Currency fluctuations may affect final charges for international payments

4.3 Room Assignment

🏡 Room Allocation:

• Room assignment is based on availability at check-in

• Specific room requests are noted but not guaranteed

• We reserve the right to substitute comparable accommodations

• Upgrades may be offered subject to availability

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5. CANCELLATION AND MODIFICATION POLICY

5.1 Guest-Initiated Cancellations

✅ Free Cancellation:

• More than 48 hours before arrival: Full refund of deposit

• 48-24 hours before arrival: 50% refund of deposit

• Less than 24 hours before arrival: No refund

• No-show: No refund, full charges apply

🔄 Modification Policy:

• Date changes: Subject to availability, no charge if 48+ hours notice

• Room changes: Subject to availability and rate differences

• Guest number changes: Must be reported 24 hours in advance

5.2 Weather-Related Cancellations

🌧️ Extreme Weather:

• Refunds or rescheduling offered for severe weather preventing travel

• Documented flight cancellations due to weather: full refund available

• Minor weather conditions (light rain) do not qualify for refunds

• We provide weather updates and birding alternatives during inclement weather

5.3 Force Majeure

⚠️ Extraordinary Circumstances: In cases of force majeure events preventing your stay or our operation:

• Full refund or rebooking offered with no penalty

• Includes natural disasters, government travel restrictions, pandemics

• Documentation may be required for refund processing

• We will work with guests to find alternative dates when possible

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6. CHECK-IN AND CHECK-OUT POLICIES

6.1 Check-In Procedures

🕐 Check-In Times:

• Standard Check-In: 3:00 PM – 9:00 PM

• Early Check-In: Available if rooms ready, no additional charge

• Late Check-In: After 9:00 PM by arrangement only

• Self Check-In: Not available – personal greeting included

📋 Check-In Requirements:

• Valid photo identification (passport for international guests)

• Payment of outstanding balance

• Completion of registration form

• Emergency contact information

• Special dietary requirements or accessibility needs

6.2 Check-Out Procedures

🕐 Check-Out Times:

• Standard Check-Out: 11:00 AM

• Late Check-Out: Until 2:00 PM subject to availability ($10 USD fee)

• Luggage Storage: Available after check-out until 6:00 PM (free)

• Express Check-Out: Available by arrangement

🧾 Final Charges:

• Settlement of any additional charges (tours, meals, damages)

• Return of security deposit if applicable

• Receipt provided for all transactions

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7. GUEST CONDUCT AND RESPONSIBILITIES

7.1 General Conduct

✅ Expected Behavior:

• Respect for other guests, staff, and local community

• Adherence to quiet hours (10:00 PM – 6:00 AM)

• Responsible use of shared facilities

• Environmental consciousness and waste minimization

• Cultural sensitivity and appropriate behavior

❌ Prohibited Activities:

• Smoking inside rooms or common areas (outdoor areas only)

• Excessive noise or disruptive behavior

• Bringing unauthorized guests to rooms

• Consumption of illegal drugs or excessive alcohol

• Theft or damage to property or belongings of others

7.2 Birdwatching and Outdoor Activities

🐦 Birding Guidelines:

• Follow guide instructions during tours

• Maintain safe distances from wildlife

• No use of playback calls without guide permission

• Respect private property and conservation areas

• Report any injured birds or unusual sightings to staff

🥾 Safety Requirements:

• Wear appropriate footwear for outdoor activities

• Bring necessary personal medications

• Inform staff of any medical conditions or limitations

• Follow established trails and safety protocols

• Carry water and sun protection during outdoor activities

7.3 Equipment and Personal Property

📷 Guest Equipment:

• Secure storage available for cameras and binoculars

• Equipment insurance is guest’s responsibility

• Lost or stolen items are not our responsibility

• Equipment rental available for basic birding gear

🛏️ Room and Property Care:

• Report any damages or maintenance issues immediately

• Replace or pay for any damaged items

• Keep rooms reasonably clean and tidy

• Respect furniture and fixtures

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8. BIRDWATCHING TOURS AND SERVICES

8.1 Included Services

🌅 Daily Bird Walks:

• Included morning walks start at 5:30 AM

• Led by experienced local guides

• Duration approximately 2-3 hours

• All skill levels welcome

• Equipment loans available

☕ Additional Services:

• Colombian breakfast with local coffee

• Bird identification assistance

• eBird checklist help

• Local trail maps and information

• Equipment drying facilities

8.2 Optional Tours and Activities

🎒 Additional Tour Bookings:

• Coffee farm birding tours

• Waterfall hikes with birding

• Night birding experiences

• Multi-day expeditions

• Photography workshops

💰 Tour Pricing and Policies:

• Prices subject to change based on group size and season

• Minimum participants may be required for some tours

• Weather-dependent activities may be cancelled or modified

• Refunds for cancelled tours provided in full

8.3 Guide Services and Safety

👨‍🏫 Professional Guides:

• All guides are local residents with ornithology training

• English and Spanish language capabilities

• First aid training and emergency communication

• Knowledge of endemic species locations and behavior

🚨 Emergency Procedures:

• Emergency contact information provided to all guests

• Local medical facilities and emergency services contacts

• Communication devices carried on remote tours

• Insurance and liability coverage as required by Colombian law

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9. LIABILITY AND DISCLAIMERS

9.1 Limitation of Liability

⚠️ Our Liability is Limited To:

• Direct damages related to accommodation services only

• Maximum liability equal to the total cost of your reservation

• We are not liable for indirect, consequential, or punitive damages

• Liability limited to services directly provided by Minca Seasons

❌ We Are Not Liable For:

• Personal injury during outdoor activities (except for our negligence)

• Loss or theft of personal property

• Flight cancellations or travel disruptions

• Failure to see specific bird species

• Weather-related disruptions to activities

• Actions of third-party service providers

9.2 Guest Assumption of Risk

🏔️ Outdoor Activity Risks: By participating in birdwatching and outdoor activities, you acknowledge:

• Inherent risks of outdoor activities in mountain terrain

• Potential for encounters with wildlife and insects

• Variable weather conditions and terrain challenges

• Need for reasonable physical fitness for hiking activities

• Responsibility to follow safety guidelines and instructions

9.3 Insurance Recommendations

🛡️ Recommended Coverage:

• Comprehensive travel insurance including medical coverage

• Equipment insurance for expensive cameras and binoculars

• Trip cancellation insurance for international travel

• Adventure sports coverage for hiking and outdoor activities

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10. INTELLECTUAL PROPERTY

10.1 Our Content

©️ Minca Seasons Content:

• Website content, photos, and materials are our property

• Protected by Colombian and international copyright laws

• Use permitted for personal, non-commercial purposes only

• Commercial use requires written permission

📸 Guest Photos and Content:

• We may use guest photos for marketing with permission

• Social media posts about your stay may be shared

• Professional photography sessions available by arrangement

• Guests retain rights to their original content

10.2 User-Generated Content

📱 Social Media and Reviews:

• Guests encouraged to share appropriate content about their stay

• False or defamatory content is prohibited

• Reviews should be honest and based on actual experiences

• We reserve the right to respond to reviews publicly

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11. PRIVACY AND DATA PROTECTION

11.1 Information Collection

📋 Guest Information:

• Personal information collected for registration and service provision

• Information may be shared with local guides for personalized service

• Marketing communications sent only with consent

• Full details available in our Privacy Policy

11.2 Data Security

🔒 Information Protection:

• Reasonable security measures implemented to protect guest data

• Payment information processed securely through certified providers

• Guest information not sold or shared with unauthorized third parties

• Data retention policies comply with applicable laws

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12. FORCE MAJEURE AND EXTRAORDINARY CIRCUMSTANCES

12.1 Definition and Scope

⚠️ Force Majeure Events Include:

• Natural disasters (earthquakes, floods, landslides)

• Government restrictions or travel bans

• Pandemics or health emergencies

• Civil unrest or security concerns

• Extreme weather preventing safe operation

12.2 Impact on Services

🔄 Service Modifications:

• Services may be modified or cancelled due to force majeure

• Alternative accommodations or services offered when possible

• Refunds or rebooking offered for cancelled services

• Safety of guests and staff is paramount priority

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13. APPLICABLE LAW AND DISPUTE RESOLUTION

13.1 Governing Law

⚖️ Legal Framework:

• These terms are governed by Colombian law

• Colombian tourism regulations apply to accommodation services

• Consumer protection laws provide additional guest rights

• International treaties may apply for cross-border disputes

13.2 Dispute Resolution Process

🤝 Resolution Steps:

1. Direct Communication: Contact us immediately to resolve issues

2. Management Review: Escalation to management for formal review

3. Mediation: Professional mediation if direct resolution fails

4. Legal Action: Colombian courts have jurisdiction for legal disputes

📧 Dispute Contact Information:

• Email: mincaseasons@gmail.com (Subject: “Dispute Resolution”)

• Phone: +57 311 3323359

• Address: Camino a Milagro Verde, Minca, Santa Marta, Magdalena

13.3 Consumer Rights

🛡️ Colombian Consumer Protection:

• Rights under Law 1480 of 2011 (Consumer Protection Law)

• Right to clear information about services and pricing

• Right to quality services and products

• Right to effective complaint resolution

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14. MODIFICATIONS TO TERMS

14.1 Changes to Terms

📝 Term Updates:

• Terms may be updated periodically to reflect service changes

• Material changes will be communicated to guests with existing reservations

• Continued use of services constitutes acceptance of updated terms

• Previous version terms apply to bookings made before updates

📧 Notification Methods:

• Email notification to registered users

• Website banner for material changes

• WhatsApp messages for guests with upcoming reservations

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15. SEVERABILITY AND ENFORCEABILITY

15.1 Term Validity

⚖️ Legal Enforceability:

• If any term is found invalid, remaining terms continue in effect

• Invalid terms replaced with closest legally acceptable alternative

• Terms interpreted to maximum extent allowed by applicable law

15.2 Language and Translation

🌐 Official Version:

• English version is the official and controlling version

• Translations provided for convenience only

• In case of discrepancies, English version prevails

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16. CONTACT INFORMATION

16.1 General Inquiries

📧 Primary Contact:

• Email: mincaseasons@gmail.com

• WhatsApp: +57 311 3323359

• Phone: +57 311 3323359

16.2 Physical Location

📍 Our Address: Minca Seasons Birdwatching Hostel Camino a Milagro Verde Minca, Santa Marta, Magdalena, Colombia

16.3 Business Hours

🕐 Contact Hours:

• WhatsApp/Email: 24/7 monitoring

• Phone: 7:00 AM – 9:00 PM (Colombian time)

• In-Person: Daily 6:00 AM – 10:00 PM

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17. SPECIAL PROVISIONS

17.1 Group Bookings

👥 Groups of 4+ People:

• Special group rates and policies may apply

• Group leader responsible for all group members

• Additional deposit requirements for large groups

• Customized terms available for tour groups and photography workshops

17.2 Extended Stays

📅 Long-Term Guests (7+ nights):

• Weekly housekeeping included

• Discounted tour packages available

• Flexible payment arrangements possible

• Community integration opportunities

17.3 Repeat Guests

🔄 Loyalty Benefits:

• 10% discount on future bookings

• Priority room selection when available

• Exclusive access to new tours and services

• Special recognition and personalized service

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By making a reservation or using our services, you acknowledge that you have read, understood, and agree to these Terms of Service.

Questions about these terms? 📧 mincaseasons@gmail.com | 📱 +57 311 3323359

Last updated: September 25, 2025