Terms and Conditions for Providers

Welcome to Travelhapp!

Travelhapp is a website that provides solo travelers in Colombia with helpful information, tips, and inspiration for their travels. Through our platform, travelers can discover curated tours and experiences offered by carefully selected local tourism and cultural providers.

Travelhapp also operates a private Facebook group for community building, where travelers can engage with each other and share experiences.

By using our services as a Provider, you agree to accept these Provider Terms and Conditions (PTC), as described below.

Last Update: November 11, 2024

CONTENT

General
Provider Responsibilities
Travelhapp Responsibilities
Service Cost
Service Conditions
Content Usage and Licensing Agreement
Final Provisions
Contact

1. General

Travelhapp S.A.S. manages the Travelhapp website and is legally registered with the Chamber of Commerce of Bogotá, Colombia, on January 8, 2020 (Registration Number: 03200567, NIT: 901353418-8).

These Provider Terms and Conditions (PTC or “Terms”) govern your relationship with Travelhapp as a provider. By applying to have your tours and experiences featured on Travelhapp.com, you agree to comply with these Terms, our Privacy Policy, and any other relevant terms.

The version of these Terms that is valid at the time of your application will apply. Any significant modifications to these Terms will be communicated to you. If you do not object in writing within 14 days of receiving notification of changes, the updated Terms will be considered accepted.

Definitions

Travelhapp, we, our, us: Refers to Travelhapp S.A.S., the company operating the Travelhapp website.
Providers: Refers to those offering tours, experiences, and other tourism and cultural services, including travel agencies, tour operators, tour guides, accommodation providers, restaurants, transportation companies, independent professionals, artists, indigenous communities, and similar.
Traveler: Refers to individual consumers using the Travelhapp website and/or Facebook group for information, inspiration, or booking affiliate-linked services.
Travelhapp Services: Includes the Travelhapp website, its features, the private Facebook group for community building, and related services such as customer support.
Experience: A tour, event, or other cultural or tourism activity featured on the Travelhapp website.
Experience Description: A general description of an experience, including itinerary, requirements, pricing, etc.

2. Provider Responsibilities

2.1 Applying to Become a Featured Provider

To become a provider on Travelhapp, you must first apply by contacting us at hello@travelhapp.com or via WhatsApp at +57 322 395 9274. Please provide details about your company and the tours or experiences you wish to offer (see below).

Once we receive your application, we will review it to ensure it aligns with our requirements and vision (see below). Providers must meet our standards for inclusion on the website and/or our Facebook group.

2.2 Requirements for Applying

To apply for being featured on Travelhapp, you must meet the following criteria:

Qualifications and Expertise: Providers must be qualified and licensed to offer the services they provide. They possess in-depth knowledge in their area of specialization and are passionate about what they do.
Small Business: We welcome small local tour operators and individual guides (with an active RNT), NGOs, and independent professionals offering interesting activities (such as artists, chefs, musicians, dancers, artisans, etc.).
Sustainability: It is important to us that the companies we work with offer environmentally responsible and sustainable activities. We look for providers who care for the environment and are committed to sustainable practices.
Positive Local Impact: We want to work with providers who aim to create a positive social and economic impact locally, for example, by hiring local staff or bringing travelers to local restaurants.
Women’s Empowerment: We want to support companies led by local women or that have local women in key roles (for example, as guides, in marketing, etc.).
Small Groups: We aim to focus on smaller tour groups, ideally no more than 10 people per group.
Excellence in Customer Service: We want to work with providers who offer excellent customer service, love sharing experiences and knowledge with travelers, and are passionate about their work.
Inclusive Communication: We prefer to work with providers who offer bilingual services or make alternative efforts to communicate with travelers who don’t speak Spanish (for example, using a Colombian bird illustration book and a pointer during birdwatching tours, translation apps, etc.). Universally accessible and inclusive services are particularly appreciated!
Solo Traveler-Friendly: Experiences must be suitable for solo travelers in general and female solo travelers in particular.
Active RNT for tourism providers: Providers offering tourism-related activities (e.g., city tours, guided hikes, etc.) must have an active National Tourism Registry (RNT). For non-tourism experiences, this is not required.

Disclaimer: We reserve the right to decline affiliation requests, even if providers meet all the outlined criteria, for example, due to the availability of our internal resources or the quality of the experience.

2.3 Facebook Group Participation

If your experiences align with our requirements and provide value to solo travelers, you may qualify for joining our Facebook group and publishing your experiences there upon prior approval.

If your application to be featured on Travelhapp.com is accepted, this will automatically imply that you can join our Facebook group, too.
We will manually approve each post to make sure it adds value to the community and complies with our requirements.
To keep our community focused on building connections, all experience posts must be posted in a designated thread.

2.4 Obligations of Featured/Affiliated Providers

Once approved, you agree to the following obligations:

Accurate and Complete Information:
- Provide detailed and truthful descriptions of your experiences, including pricing, itinerary, and any special requirements. Ensure the prices listed on Travelhapp are competitive and accurate, and do not exceed prices listed on other platforms.
- Inform us about updates: Make sure we can keep your experiences on the website up to date. Let us know immediately, if your offers change or are not available anymore, or if you closed your business.
- Ensure that any advertising is clear and honest, in compliance with local regulations, and accurately represents the services provided.
Customer Service & Relationship Management:
- You are responsible for managing customer reservations, payments, cancellations, complaints, and claims. Travelhapp does not handle these issues.
- Honor all confirmed bookings with travelers and provide the experience as described.
- Treat customers with warmth and respect, actively encourage constructive feedback, and listen to suggestions. If a customer is dissatisfied with the service, make an effort to understand the reasons and strive for reconciliation.
- Adhere to high standards of service quality: Ensure that the services and staff are reliable, responsive, accessible, transparent, easy to understand, respectful, friendly, etc.
- Respond to traveler inquiries promptly. Failure to do so repeatedly may result in suspension from our services.
Traveler Safety: Prioritize the safety of customers. Ensure that tools used are always in perfect condition, demand or provide insurance when the activity warrants it, provide adequate and detailed instructions, and do not expose customers to unnecessary risks.

2.5 General and Legal Provider Obligations

Truthful and Accurate Company Information: Provide accurate and truthful information, including the real name of your company, your real name, current address, and contact details as listed in your RUT.
Legal Authorization for Tourism Activities: If involved in tourism activities specified by Mincomercio and/or Registro Nacional de Turismo (RNT), confirm legal authorization based on conditions like being a legally registered tourism provider, currently enrolled in an educational institution for tourism training, an NGO providing non-profit services in the tourism sector, or representing a community offering tourism services.
Compliance with Laws: Understand and comply with all laws, regulations, and requirements applicable to your services. Obtain necessary licenses, permits, insurance, or registrations before providing your activity.
Regulatory Requirements: Fulfill all necessary requirements with regulatory agencies in Colombia such as SIC or MinTurismo.
Public Performances: If organizing public performances (theater, circus, concerts, etc.), ensure the event producer has a PULEP code approved by SIC, according to Law 1493 of 2011.
Data Usage Compliance: Agree not to use traveler data received through Travelhapp for marketing outside the platform or for unsolicited offers, as stipulated by the Data Protection Law 1581 of 2011.
Prohibited Activities:
- Do not promote, offer, or support prostitution, pornography, or sex tourism (Law 679 of 2001).
- Do not offer activities promoting the sexual exploitation of minors. Take measures to prevent employees or intermediaries from offering sexual contacts with minors (Art. 16, Law 679 of 2001).
Insurance and Safety: Providers must obtain the necessary insurance for their activities and ensure that all tools and equipment used are safe and meet legal requirements. Providers are also responsible for ensuring that participants are informed of any inherent risks in the activities.

3. Responsibilities of Travelhapp

3.1 Liability and Indemnification

Travelhapp provides the platform to showcase providers’ experiences and integrates affiliate links to the providers booking channels. We are not a travel agency, booking platform, or reseller, and do not handle bookings, transactions, or customer service. We are not involved in any agreements, transactions, or disputes between providers and travelers.

We offer the platform “as is,” with no guarantees regarding availability, security, or performance.

Travelhapp is not liable for any issues arising from the use of our platform, including but not limited to:

Technical failures, downtime, or interruptions in service.
Loss or damage due to security breaches, malware, or viruses.
Actions or omissions by providers or travelers, including disputes or claims.

Indemnification:

The PROVIDER agrees to protect, defend, and hold Travelhapp harmless from any claims, damages, or legal costs that may arise because of the PROVIDER’s use of the platform, their content, or any issues caused by the PROVIDER’s actions or breach of these Terms.

3.2 Review and Approval of Experiences

Website: Travelhapp is the sole authority for publishing experience listings on our website. We reserve the right to review, approve, and publish or decline experiences submitted to us.
Facebook Group: Providers must apply for approval to post experiences in our private Facebook group. We will manually review and approve posts to ensure they align with our community guidelines and add value to the group. All posts must be made in designated threads to maintain order and focus within the group.

3.3 Personal Information and Privacy Policy

By using our platform, providers consent to the processing of their personal data as outlined in our Privacy Policy, in accordance with applicable laws. Providers are responsible for ensuring that their own data processing practices comply with privacy regulations.

4. Affiliate Partnerships and Service Costs

Travelhapp operates on an affiliate commission model.

By submitting experiences to Travelhapp, providers agree to supply affiliate links that enable tracking of users from Travelhapp and allow us to earn a commission on each booking. The commission rate will be mutually agreed upon by the PROVIDER and Travelhapp.

Approved providers may also request to share their experiences in our Facebook group, including an affiliate link. Each post must be clearly marked as containing an affiliate link and is subject to review and approval by Travelhapp.

5. Service Conditions

5.1 Nature and Availability of the Service

Travelhapp reserves the right to modify, suspend, or discontinue any aspect of our services at any time. This may include temporary interruptions for maintenance or permanent changes to the service.

We may also update these Terms and Conditions periodically, and the latest version will be available on our website. To request a previous version, please contact hello@travelhapp.com.

5.2 Partnership Termination

We reserve the right to restrict or remove a provider’s listings or exclude providers from our Facebook group if we identify violations of these Terms, intellectual property infringements, or inappropriate use of the service. If your listings pr posts are removed, we will notify you with an explanation of the decision.

6. Content Usage and Licensing Agreement

By submitting content to Travelhapp, the PROVIDER grants us a non-exclusive, worldwide, transferable, sublicensable, royalty-free license to host, store, display, reproduce, adapt, publish, and distribute this content (including photos and videos) on the Travelhapp platform or for promotional purposes. This license allows us to use the content across various media and platforms in compliance with Law 1581 of 2011.
Travelhapp does not claim ownership of the PROVIDER’s content. The PROVIDER retains full ownership and rights to use their content as they wish outside of the Travelhapp platform.
The PROVIDER guarantees that their content does not infringe on others’ rights and that they have the necessary permissions or licenses to use and share it.

7. Final Provisions

7.1 Amendments and Agreements

These Terms represent the complete agreement between Travelhapp and the PROVIDER. Any amendments or additional agreements must be in writing to be valid. This requirement also applies to any waiver of the written form.

7.2 Severability

If any part of these Terms is found to be invalid or unenforceable, it will not affect the validity of the remaining provisions. Any contradictions within this agreement will be reviewed and resolved by Travelhapp in accordance with applicable law.

7.3 Successors and Assigns

These Terms are binding on and benefit both parties, including their authorized successors and assigns.

7.4 Governing Law and Jurisdiction

These Terms, and the relationship between Travelhapp and the PROVIDER, are governed by Colombian law. Any disputes will be subject to the jurisdiction of the legal offices of Travelhapp in Bogotá.

7.5 Enforceability

All obligations in this agreement are enforceable without requiring additional judicial action.

7.6 Dispute Resolution

In the event of a dispute, both parties agree to first attempt resolution through alternative dispute resolution methods. If an agreement cannot be reached, the matter will be submitted to arbitration, with the following provisions:

The arbitration will take place in Bogotá, DC, at the arbitration and conciliation center of the Bogotá Chamber of Commerce.
A single arbitrator will be appointed by mutual agreement; if an agreement cannot be reached, the Bogotá Chamber of Commerce will appoint the arbitrator.
The arbitrator will make a ruling based on the law, in accordance with the center’s internal rules.
The tribunal will have a maximum of two months to issue its decision.

8. Contact

For any inquiries about these Provider Terms and Conditions, to file a complaint or present an issue, contact us at:

Travelhapp S.A.S.
Bogotá, Colombia
Email: hello@travelhapp.com
Mobile: +57 322 395 9274