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All bookings are made with BPM Bolivar SAS, registered in Colombia (NIT 900978712-8, RNT 45961, herein referred to as “BPM”).’). By booking a meal, daypass, overnight stay or event at Blue Apple Beach House, you are agreeing to these terms and conditions. All bookings must be made by an adult aged 18 years of age or older.

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Personal Liability

 By making a booking, you acknowledge that:

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Blue Apple Beach House is remotely located on an island, outside of any conurbation and 30 minutes by boat from Cartagena.

 

Arrival at Blue Apple Beach House is by boat, which requires the physical ability to board and disembark a boat without assistance.

 

In the case of adverse marine and / or weather conditions, the dock close to the hotel may not be accessible, in which case the hotel arranges for a 5 minute transfer from a different dock by motorbike (riding pillion).

 

In the case of extreme marine and / or weather conditions, the hotel may become inaccessible and your reservation may be cancelled for your own safety.

 

A visit to a remote island is adventurous by nature and may involve an amount of personal risk.

 

Blue Apple Beach House is inaccessible to land based emergency services and can be reached only by sea or by air. You are responsible for arranging adequate insurance to cover the costs incurred by any medical emergency evacuation as a result of accident, injury or poor health..

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BPM undertakes to provide the appropriate and legally required safety equipment for all activities and transport operated and charged by the hotel. However all travel to and from the hotel, and all subsequent activities are undertaken voluntarily and with full understanding of the involved risks.

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BPM accepts no liability for any consequence whatsoever resulting from your travel here, your visit / stay here or your participation in any activity and you are responsible for judging your own fitness level and capabilities.

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Risks and hazards that may be present during any visit include, but are not limited to cancellation or delay of your visit, additional incurred expense, injury, dehydration, or even death.

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Such risks may result from participation in any sporting or adventurous activity such as boating, riding pillion on a motorbike, sailing, snorkelling, fishing, swimming, diving, hiking, yoga, pilates, massage, reflexology, paddle boarding, sunbathing, jogging, walking in wild terrain and / or remote villages, vehicle tours, encounters with local wildlife and insects, the unavailability of immediate medical attention or means of rapid evacuation in case of emergency, acts of God, strikes or labour disputes, government orders, war, acts of terrorism, forces of nature, significant weather conditions, political or civil disturbances, or any other force majeure event.

 

In addition to activities operated by the hotel, there is the opportunity to participate in activities not run or controlled by BPM. BPM staff will happily assist in organising and reserving any such activity, and can assist with a payment method if the supplier cannot accept credit cards and the client does not have sufficient currency. BPM however disclaims all responsibility and makes no legal representations or legal warranties with regard to the safety or quality of these activities, or the standards of the independent operator or individual running it. You understand acknowledge that any assistance given by BPM staff to help arrange optional activities does not constitute a waiver of this disclaimer or create representations and warranties on the part of BPM.

 

To ensure the safety of all, BPM recommends that everyone wear a life vest all times while riding in any boat, jetski, kayak or paddleboard. It is your responsibility to wear a life vest and ensure any children under your care are wearing theirs.

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BPM accepts no responsibility for lost or stolen items. You are encouraged to use the safety deposit boxes provided in the rooms or leave valuables at reception.

 

You hereby agree to indemnify and exempt BPM from all liabilities, claims, expenses, losses and damages (including reasonable attorneys' fees and costs that arise or are related to the negligence or malicious acts of you and your guests, including , among others, to the loss and destruction of anyone's property or bodily harm caused by the consumption of alcoholic products).

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When travelling to Colombia, especially to a remote island, it is advisable that your travel insurance cover up to $100,000 USD in personal injury and medical treatment and $200,000 USD in repatriation and evacuation expenses including international helicopter rescue and air ambulance services. Your travel insurance should also include coverage for personal property, delays and cancellation.

 

BPM accepts no liability for reimbursement for flights and other non-refundable expenses should you cancel your visit for any reason, whether voluntarily on your part, as a result of failed travel arrangements, adverse weather conditions, or as a result of its actions.

 

You are responsible for understanding the specifics of your travel insurance policy, ensuring that your policy covers all optional and included activities offered, including transport by boat to the hotel, and that there are no exclusion clauses which would limit the coverage for any activity type.

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Ilicit Substances​

BPM prohibits drug use of any kind and strongly encourages responsible alcohol consumption.

 

Right of Refusal 

BPM reserves the right to decline entry with justifiable cause and to remove you from the property if you are creating a hazard to yourself or others, impacting the enjoyment of others, or participating in any illegal activity.

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Any cost resulting from being removed from a visit or being declined participation in a visit is at your expense.

 

Applicable Law

Colombian law governs these Terms and Conditions to the fullest extent allowable. Any disputes in connection with an BPM visit or these Terms and Conditions will be initiated in Colombia where exclusive jurisdiction and venue reside. If a court or any other appropriate authority finds any portion of this document to be invalid, the remainder will remain in full force and effect.

 

Changes to Terms & Conditions

From time to time, BPM may need to change its Terms and Conditions because of changes in its business, or in its attempts to serve your needs better. BPM will use reasonable efforts to publish any changes to its Terms and Conditions, including publishing the current terms on its website. Please check back from time to time to review any changes to its policy.

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Payments & Deposits

BPM accepts payment by credit and debit card (Visa, Amex, MasterCard), as well as bank transfer or cheque (Colombian residents only).

 

Lunch and Daypass reservations for groups of more than eight people, or during high season and holidays may require payment of a deposit to confirm.  This deposit is refundable if the reservation is cancelled in writing by 6pm the day before the reservation, or 24 hours prior to the reservation in high season.

 

Hotel reservations always require a deposit of the full value of the accommodation. If payment is not received within 48 hours of making a room reservation, your booking will be cancelled.

 

Eventos require a 10% deposit payment in order to secure the date. A further 40% is payable 3 months prior to the event, with the balance  due 2 weeks prior to the event start date.

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Discounts & Special Offers

From time-to-time, BPM may offer reduced pricing on rooms or packages. The reduced pricing applies strictly to new bookings only. Existing reservations are locked into their original price and are not entitled to any reduced pricing.

 

All discounts and reduced pricing are applied at BPM’s discretion..

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Accommodation in the Hotel

Colombian law requires the presentation of a valid passport or Colombian National ID upon check-in to a hotel. If you are unable to provide such identification, your reservation may be cancelled without refund.

 

BPM does not permit minors under the age of 18 to check-in with anyone other than their named parent or guardian and reserves the right to refuse check-in (with no refunds due) to anyone accompanying a minor who cannot prove parental or legal guardian status.

 

You agree that you will pay BPM the room rate for each day of your stay and any additional charges up until the time that you depart the hotel property. You are and remain personally liable to pay the total amount due on departure unless prior settlement arrangements have been agreed.

 

You must advise BPM of any change in the number of persons reserved and agree to pay any additional charges for additional persons not included in the number stated at the time of registration.

 

Standard check-in time is indicated on reservation confirmation (normally 3pm). You agree that BPM may apply a charge if your required check-in time requires BPM to keep the room empty on the previous day.

 

Standard check-out time is indicated on reservation confirmation (normally 11am). Departure after that time may incur additional room charge.  

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Guaranteed access to the Beach Club is on a 'one day per paid night' basis, which might be the day of check-in or the day of check out, subject to availability. If availability allows, guests may enjoy the beach club both on the day of check-in and on the day of check-out - at no additional cost - but this is not guaranteed. 

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Guests must return the key for the room at the time of departure and agree to pay a charge for replacement of keys you lose or fail to return.

 

Residents of Colombia are required by law to pay sales tax (IVA) on the value of their accommodation.

 

BPM reserves the right to apply, at cost, local tax, mandatory insurance and other surcharges which may occur beyond its control, at any time, even subsequent to payment of deposit and/or partial booking fees.

 

Should the tax rate change between the date of the booking and the date of the delivery of services, thus resulting in a disparity, according to tax regulations the tax rate applied will be the rate applicable at the time of the delivery of services or accrual of the tax, even in the event the former results in an increase of the final price communicated to the client in the booking.

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Cancellations​

Daypasses, lunch reservations and boat transfers: For groups of fewer than 8 people, BPM will refund 97% of any deposit up until 4pm the day prior to your reservation, after which time any deposit shall be considered non-refundable. To qualify for a refund, notification cancellation must be received in writing to hola@blueapplebeach.com.

 

Hotel Accommodation: BPM will refund 50% of the value of your stay if cancelled up to 30 days prior to check in. Within 30 days of check in, the deposit is neither refundable nor transferable. To qualify for a refund, notification of cancellation must be received in writing to stay@blueapplebeach.com.

 

Events and Privatisations: For events and groups of 9 people or more, your 10% deposit is non-refundable. BPM will reimburse up to 50% of the total value of the event up to 30 days prior to the scheduled start date, after which time, any further  deposits paid are  non refundable. To qualify for a refund, notification of cancellation must be received in writing to magic@blueapplebeach.com.

 

If BPM is forced to alter or cancel your reservation (when not due to any factors outside of its control, including but not limited to acts of God, strikes or labour disputes, government orders, pandemic, war, acts of terrorism, forces of nature, significant weather conditions, political or civil disturbances, or any other force majeure event), BPM will let you know as soon as possible. In these circumstances, you can choose one of the following options: Accept its offer of a replacement accommodation in a comparable island hotel of equal or higher value. Receive a refund of all monies paid.

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Refunds are not issued for cancellations due to circumstances beyond BPM’s reasonable control, including but not limited to acts of God, strikes or labour disputes, government orders, pandemic, war, acts of terrorism, forces of nature, significant weather conditions, political or civil disturbances, or any other force majeure event. 

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A 3% administration and banking fee applies to all refunds.

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Complaints​

Anyone looking to make a claim, submit a complaint, or request compensation for any reason must do so in writing or email within 30 days after the visit’s cancellation or completion.

 

Any and all supporting documentation to the claim or complaint must accompany the written letter or email. Any claim or complaint received after this deadline will not be accepted or reviewed.

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Refunds are not issued for any reason due to circumstances beyond BPM’s reasonable control, including but not limited to acts of God, strikes or labour disputes, government orders, war, acts of terrorism, forces of nature, significant weather conditions, political or civil disturbances, or any other force majeure event..

 

BPM reserves the right to honour or resolve these claims at its exclusive discretion.

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Sustainability POlicy ​

BPM bases the development of its activities on the principles of sustainability, and endeavours to raise awareness with employees, clients and suppliers, with the aim of promoting the conservation of the natural and cultural heritage of the region.

 

BPM consciously monitors its use of  energy and  water and is committed to the gradual decrease of waste generated within the establishment.

 

We seek to promote the culture of the community, respecting the customs of local people and promoting tourism in a responsible manner, without adversely affecting neighbours or local  natural resources, acting to promote conservation and sustainable use of the biodiversity of the area.

 

We reject totally the exploitation of children and adolescents, any other kind of child labor, as well as any form of and discrimination, and are committed to collaborate with the authorities to prevent these acts and report any case that arises.

 

We support the development of communities that make products or provide services that promote the sustainable use of raw materials  that highlight the characteristics of the area. Likewise, we promote the commercialization and use of handicrafts manufactured by native inhabitants of the region under fair commercial conditions, favouring the generation of employment.

 

We seek to become a source of direct or indirect employment that contributes to the improvement of the quality of life of the local community in general, with the principle of hiring personnel from the region.

 

BPM is committed to providing training to staff, seeking mechanisms to sensitize and raise awareness among customers, guests and suppliers in sustainable practices that contribute to the development and strengthening of cultural events, regional education and all those activities related to tourism.

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Data Use, Protection and Privacy​

Your privacy is very important to us. Accordingly, BPM has developed a policy in order for you to understand how it collects, uses, communicates and discloses personal information. You can download it (in Spanish) here.

 

Before or at the time of collecting personal information, BPM will identify the purposes for which information is being collected.

 

BPM will collect and use of personal information solely with the objective of fulfilling those purposes specified by BPM and for other compatible purposes, unless BPM obtains the consent of the individual concerned or as required by law.

 

BPM will only retain personal information as long as necessary for the fulfilment of those purposes.

 

BPM will collect personal information by lawful and fair means and with the knowledge or consent of the individual concerned. Personal data should be relevant to the purposes for which it is to be used.

 

BPM will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.

 

BPM will make readily available to customers information about its policies and practices relating to the management of personal information.

 

BPM is committed to conducting its business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

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We receive, collect and store any information you enter on our website or provide us in any other way. In addition, we collect the Internet protocol (IP) address used to connect your computer to the Internet; login; e-mail address; password; computer and connection information and purchase history. We may use software tools to measure and collect session information, including page response times, length of visits to certain pages, page interaction information, and methods used to browse away from the page. We also collect personally identifiable information (including name, email, password, communications); payment details (including credit card information), comments, feedback, product reviews, recommendations, and personal profile. When you conduct a transaction on our website, as part of the process, we collect personal information you give us such as your name, address and email address. Your personal information will be used for the specific reasons stated above only.  We collect such Non-personal and Personal Information for the following purposes: To provide and operate the Services; To provide our Users with ongoing customer assistance and technical support; To be able to contact our Visitors and Users with general or personalised service-related notices and promotional messages; To create aggregated statistical data and other aggregated and/or inferred Non-personal Information, which we or our business partners may use to provide and improve our respective services; To comply with any applicable laws and regulations. Our company is hosted on the Wix.com platform. Wix.com provides us with the online platform that allows us to sell our products and services to you. Your data may be stored through Wix.com’s data storage, databases and the general Wix.com applications. They store your data on secure servers behind a firewall. All direct payment gateways offered by Wix.com and / or Stripe and used by our company adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers. We may contact you to notify you regarding your account, to troubleshoot problems with your account, to resolve a dispute, to collect fees or monies owed, to poll your opinions through surveys or questionnaires, to send updates about our company, or as otherwise necessary to contact you to enforce our User Agreement, applicable national laws, and any agreement we may have with you. For these purposes we may contact you via email, telephone, text messages, and postal mail. We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

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If you would like to: access, correct, amend or delete any personal information we have about you, you are invited to contact us at hola@blueapplebeach.com.

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Protection of Minors against Sexual Exploitation​

The Policy for the Prevention of Sexual Exploitation of Minors aims to establish the behaviours that the Organization, that is, BPM Bolivar SAS and its subsidiary companies and all its Collaborators, must adopt in the performance of their commercial activities, to guarantee the protection of the rights of children and adolescents, in order to avoid any form of sexual exploitation, including pornography and sex tourism.

 

As reference documents, the principles enshrined in the Convention on the Rights of the Child and the Optional Protocol on the sale of children, child prostitution and the use of children in pornography, the laws, norms and regulations issued by the local authorities in the different territories where the subsidiary companies operate and especially the regulations applicable to the subsidiary companies that provide services as air carriers.

 

Notwithstanding the adoption of the Policy by the corporate bodies of each of the companies, compliance with the Policy is required of all Collaborators of the companies integrated into BPM Bolivar SAS, whether they act as Directors, Employees or Linked Third Parties, in the territories where they operate.

 

It will be the responsibility of the Management to advance the disclosure of the Policy to guarantee its effective implementation, which includes the coordination with the person in charge of Human Resources and Administration, of the legal actions that proceed for said implementation, including the presentation of complaints and application of administrative sanctions, disciplinary, contractual or judicial, as the case may be, and the dissemination tasks of the relevant regulatory framework, in the different corporate communication channels, including the Blue Apple Beach House website and the different business units and the control of the updating of the Policy if required, due to changes in the relevant regulatory framework.

 

For the purposes of this Policy, the definition provided in the Convention on the Rights of the Child is adopted, which defines it as any human being under eighteen years of age, unless, by virtue of local laws, the age of majority is reached before the eighteen years.

 

Child sexual exploitation is defined as the use of a child or adolescent in sexual activities or in pornography or promotion of sex tourism regardless of whether or not there is economic gain. It is commercial sexual exploitation when there is remuneration or any type of compensation for the child or adolescent or third parties in return.

 

Child sexual exploitation in the field of tourism is the commercial sexual exploitation of a child or adolescent by a person or persons who travel within their own country or abroad, and undertake sexual activities with children or adolescents, with the complicity by omission or action of service providers. travel services.

 

Child Pornography includes any representation of a boy, girl and/or adolescent performing sexual activities or inciting them, any representation of a minor for predominantly sexual purposes, any organisation of live shows of sexual representations in which children and adolescents participate. Pornography can be transmitted by any means.

 

UNICEF or United Nations Children's Fund is a program of the United Nations (UN) that provides humanitarian and development aid to children and mothers in developing countries.

 

Convention on the Rights of Children (CRC) is an international treaty adopted by the United Nations General Assembly on November 20, 1989 and to which more than 190 states have adhered, committing to respect the rights of children. The CRC recognises children as subjects of rights, but turns adults into subjects of responsibilities.

 

Optional Protocol. It is the Protocol that complements the Convention on the Rights of the Child regarding the sale of children, child prostitution and the use of children in pornography. Resolution A/RES/54/263 of the United Nations issued on May 25, 2000, entered into force on January 18, 2002.

 

In compliance with the Policy on the protection of the rights of children and adolescents on any form of sexual exploitation, the Organization and its Collaborators undertake to:

1. When programming, promoting, selling or providing hotel and restaurant services and related services, refrain from any practice, information or tourist orientation, that in any way promotes, insinuates or may give rise to any form of sexual exploitation, pornography or sexual tourism, with children and adolescents, including the use of photographic, recording or video material.

2. Bring to the attention of the competent authorities, including the tourism and hotel authorities and the police, any fact or situation that they are aware of that is suspicious, that has given or may give rise to the sexual exploitation of children and adolescents, including the existence of sites related to the sexual exploitation of children and adolescents.

3. The areas responsible for internal and external communication channels, including, among others, magazines, the website, social networks, onboard entertainment, and promotional advertising in different media, will refrain from including pornographic material with minors.

4. Promote that its suppliers adopt a scope policy similar to the one adopted internally, and incorporate into the contracts entered into by each of the companies, the obligation for said suppliers to adopt such a policy.

5. Refrain from providing its facilities to third parties, when it is determined that they are going to be used for the purpose of exploitation or sexual abuse, with children and adolescents.

 

Regulatory Framework regarding the Convention on the Rights of the Child. Signed by 192 countries and ratified by 190 countries, with the exception of the United States, Somalia and South Sudan, becoming the most widely called treaty worldwide throughout history. Colombia ratified the Convention on the Rights of Children on January 28, 1991, the Optional Protocol for Children. Signed by 161 countries and ratified by 132 countries, including the countries in which our companies operate. The Optional Protocol on the sale of children, child prostitution and the use of children in pornography entered into force internationally in 2002. This international instrument criminalizes violations of children's rights and emphasizes the importance of promote greater public awareness and international cooperation in activities to combat them. Political Constitution of the Republic of Colombia. In Chapter 2 of Social, Economic and Cultural Rights, Article 44, enshrines the fundamental rights of children. Fundamental rights are those of life, physical integrity, health, social security, and food. It also indicates that they will be protected against all forms of abandonment, physical or moral violence, kidnapping, sale, sexual abuse, labor or economic exploitation, and risky work. The Political Constitution additionally recognizes the rights of children enshrined in the laws and international treaties ratified by Colombia. Law 679 of 2001. By means of which a statute is issued to prevent and counteract exploitation, pornography and sexual tourism with minors, in development of article 44 of the Constitution. Through Law 679 of 2001, protection measures against exploitation, pornography, sex tourism and other forms of sexual abuse of minors were adopted in Colombia. In this Law, the Colombian State is committed to the principles of child protection and establishes criminal offenses for pornography and sexual tourism with minors. Similarly, this rule establishes the obligation of tourism service providers, which includes, among others, travel agencies, hotels and air carriers to participate in the prevention of this type of conduct. Law 1336 of 2009. By means of which Law 679 of 2001 is added and strengthened, in the fight against exploitation, pornography and sexual tourism with children and adolescents. In 2009, Law 1336 was issued, which establishes that companies that provide tourist services must develop a model code of conduct that promotes prevention policies and avoids the use and sexual exploitation of children and adolescents. in the development of its activity. Resolution 4311 of August 30, 2010. By means of which it establishes the basic content that the code of conduct or protocol or code of ethics of commercial air passenger service companies must have. Which must be complied with by legal representatives, directors, administrators and employees. Likewise, from the issuance of this resolution, the code of conduct or the policies or protocols or the code of ethics of each company must be observed by the contractors that provide services related to the provision of the commercial air transport service.

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