TERMS AND CONDITIONS

Viajala an Escapar S.A.S. brand

1. Introduction

This document enshrines the regulations for the services provided by Escapar S.A.S., a Colombian corporation, headquartered in Medellin and identified with TIN. 900.525.182 – 0 (“Viajala”) (“Terms and Conditions”).

Terms and Conditions are binding on all companies that sign an insertion order or contract with Viajala for contracting the services described below (the “Advertisers”).

For the effects of these Terms and Conditions, Viajala and the Advertiser will be referred to jointly as the Parties and each of them, individually, as a Party.

2. Object of the Service

Viajala advertises travel offerings (flights and hotels) and/or Advertiser announcements on its Web Sites (as defined below), directing users to the Advertiser’s web site so they can purchase the service they are interested in and/or proceed with reserving an offered airline ticket or hotel issued by the Advertiser (the “Advertiser Services”). Advertiser Services will be sold and executed at the Advertiser’s account, order and risk.

Paragraph 1. The order in which airline ticket and hotel offerings and other advertisements by the Advertiser are shown on the Web Sites depends on the implementation of an algorithm that takes into account factors including, without limitation, price, the number of flight stopovers, flight duration and the price per click received from the services being offered; these factors are determined unilaterally by Viajala, without any intervention whatsoever from the Advertiser.

Paragraph 2. Advertisers expressly accept that Viajala will use any technological mechanism that will allow it to improve the efficiency of its provided services, including, without limitation, caching of the offerings and distinctive signs of the Advertisers.

Paragraph 3. Nothing contained in these Terms and Conditions or in the insertion order or contract entered into by the Parties may be interpreted as setting up either of the Parties as the agent or representative of the other Party, or as making both of them parties to a joint enterprise or partners for any purpose whatsoever. Neither Party will be liable for the actions or omission of the other Party, and neither Party will be authorized to speak on behalf of, represent or bind the other Party in any manner whatsoever without prior written authorization from the other Party.

Additionally, Advertisers acknowledge that Viajala is not a partner to the legal business or the sale arising between the Advertiser and the third-party that contracts the Advertiser’s Services (the “Client”). All effects, rights and obligations arising by virtue of the Client contracting the Advertiser’s Services, will only bind the Advertiser and the Client, and Viajala will incur no liability or responsibility whatsoever.

Paragraph 4. The websites (the “Websites”) on which Viajala advertises the Advertiser’s Services are, including, without limitation:

• https://viajala.com.co/,https://viajala.com.br/,https://viajala.com.ar/, https://viajala.cl/, https://viajala.com.pe/, https://viajala.com.ec/, https://viajala.es/, https://viajala.com, https://viajala.com.mx, https://volmoinscher.com, http://vuelosmuybaratos.com, https://passagensmuitobaratas.com, https://airfaresaver.co.uk, https://guenstigstefluege.com, https://es.vuelosmuybaratos.com, https://volaeconomico.com, https://flightsaver.com, https://ca.flightsaver.com
• Web sites of Viajala’s allies, affiliates and vendors

Viajala reserves the right to create new websites or eliminate existing ones for time, and in any event the Advertiser expressly accepts that Viajala advertise its services, advertisements and offerings on the websites determined by Viajala.

Viajala may have allies, affiliates and vendors for the provision of its services; in this regard, Viajala guarantees that these will strictly comply with the contents of the Terms and Conditions and the insertion orders of contracts entered into by the Parties. In turn, the Advertiser expressly accepts that Viajala advertise its Services on the websites of its allies, affiliates and vendors, and that it supply them with all the information related to the Advertiser Services.

3. Obligations of the Advertiser

Besides the obligations provided by the Colombian judicial system for this type of acts, the Advertiser must comply with the following obligations:

1. Supply Viajala with all the information it may require for advertising the Advertiser Services.
2. Pay the full amount of all the bills issued by Viajala for service provision.
3. Guarantee that all the information supplied to Viajala or the Client (the “Information”) is true, exact and precise, for which it must keep the Information updated in the event of modifications to it. In this regard, the Advertiser will be liable to Viajala, the Client, users and third parties interested in the truthfulness, precision, authenticity and currency of the Information.
4. Assume all liabilities, guarantees and all other obligations that it has towards Viajala, the Client, users and third-party stakeholders due to its condition as Service Advertiser.
5. All others included in the Terms and Conditions.

4. Supplying Information to Viajala

4.1. Mechanisms for supplying information

4.1.1. Information on airline tickets and/or hotels

Information on Advertiser airline ticket and/or hotel offerings will be obtained by Viajala from the source communicated by the Advertiser in the insertion order or contract signed by the Parties.

Viajala simply reproduces Information on the offerings related to airline tickets and/or hotels from the source indicated by Advertisers and will, in no event, make adjustments to said Information nor will it need to verify that the same is truthful, exact and precise.

4.1.2. Advertisements

Advertisements that the Advertiser wishes to publish on the Websites must be supplied as a final design (texts, distinctive signs, graphics) by the Advertiser to Viajala. Viajala simply reproduces the advertisements sent by the Advertiser and will in no event make adjustments to the designs or to the Information contained therein.

4.2. Obligation to communicate all available offerings

The Advertiser is obliged to supply Viajala with all its offerings related to its Services (flights and/or hotels).

4.3. Prices presented by Viajala

The prices of the Advertiser Services communicated by the Advertiser to Viajala and which are published on the Websites must be the final price including all costs. If the prices of the Advertiser Services vary depending on the form of payment, the highest price will prevail and, therefore, will be the price published. The Advertiser commits to always supplying Viajala with the best price it has for its Services.

4.4. Publicity and description of the Advertiser Services

Viajala may unilaterally remove the Information and/or the advertisements published on the Websites at any time, and without any need for prior notification to the Advertiser. Viajala reserves its reasons for removing the Advertiser Information and/or advertisement, which may be due to legal criteria or Viajala’s own policies.

5. Use of distinctive signs

Advertisers authorize Viajala and its allies, affiliates and vendors to, with the purpose of publicizing the Advertiser Services, publish on the Websites the Advertiser’s distinctive signs, brands (of any type), trade names and/or commercial logos.

6. Disclaimer and liability waiver

6.1. System and Website failures

The Advertiser may not hold Viajala and/or its personnel accountable for nor demand payment for any and all damages arising from technical difficulties, malfunctions or viruses, with or on Viajala’s systems or Websites.

Viajala does not guarantee continuous or uninterrupted access to the Websites. Viajala will attempt to reestablish Website services as soon as possible although this does not mean that Viajala will be liable in any way. Viajala will not be liable for any error or omission regarding the content of its Website.

6.2. Advertiser Information and actions

The Websites show content and prices for third parties, the Advertisers. Viajala is not responsible for the Advertisers providing precise, updated or complete content.

Viajala does not manage Advertiser Services Information and, therefore, does not guarantee nor is it responsible for the truthfulness of the same or for the prices or availabilities advertised on the Websites.

Viajala contains links to Advertiser products, services and websites, and, as it has no control over the Advertisers it is not liable for the functionality, conditions, privacy, data security or any other Advertiser practice.

6.3. Damages

Under no circumstances will Viajala be liable to the Advertiser or to third parties, for any damage in any way related to: (i) use of the Websites or the content presented there; (ii) any failure, delay, including the impossibility of using any component of the Websites to access reservations; (iii) the performance or inactivity of Viajala or an Advertiser, even in the assumption that it is communicated that said damages will occur.

6.4. Client complaints

Viajala is not responsible for the judicial business or sales arising between the Advertiser and the Client deriving from the use of the Websites and, in consequence:

1. Viajala is not responsible for alterations and/or cancellations in Advertiser Services.
2. The Advertiser is solely responsible for damages and losses incurred by the Client or its luggage during the performance of the contracted Advertiser Services.
3. The Advertiser is solely responsible for collecting the amounts related to contracting the Advertiser Services, returning and/or reimbursing charges.
4. Viajala only acts as a channel for publicizing the Advertiser Services and, in consequence, is not responsible for any setback or damages that may result from the performance of the activity contracted by the Client from the Advertiser. In the event any of the aforementioned assumptions should occur, these will be the responsibility of the Advertisers and attended according to the procedures established by them for this purpose.
5. Viajala does not guarantee that after the Client searches for, reserves or purchases the Advertiser Services, no new offerings and prices different to those previously presented on the Websites will not appear.
6. Viajala is not responsible for the attainment of visas for destination countries, nor for connections, for passport validity, vaccinations, legal authorizations for minors traveling without an adult, obligatory insurance, among others.

7. Indemnity

The Advertiser will hold harmless Viajala, as well as its affiliates, controlled and/or controlling companies, officials, directors, managers, representatives and/or employees against any legal, judicial, extrajudicial, administrative and/or criminal action, brought by Clients, third-party stakeholders or authorities (the “Claims”) related to the Advertiser and its relationship to the Client, compliance and/or non-compliance with the Terms and Conditions and other policies adopted by Viajala, as well as regarding any violation of the Law and/or third-party rights and/or Client rights.

The Advertiser accepts that, in those events that give rise to application of the obligation to hold harmless, Viajala may, at its sole discretion, serve it notice or report the complaint, in both cases the Advertiser will assume the defense of Viajala as of that moment.

For the purposes mentioned in this chapter on indemnity, the concept of cost, expense or outlay includes, but is not limited to, losses, fines, requirements to declare or correct, default interest, obligations, outlays, fees for counsel and taxes.

8. Termination

The contractual relation between Viajala and the Advertiser will end in any of the following events:

1. By mutual agreement between Viajala and the Advertiser.
2. Unilaterally by Viajala or the Advertiser, by giving 2 weeks’ notice to the other party prior to the termination date.
3. Due to the legal or de facto impossibility of performing the services offered by Viajala and contracted by the Advertiser.
4. Unliterally by Viajala at any time in the event of the Advertiser’s non-compliance with any of its obligations described in the Terms and Conditions and the order of insertion.
5. All other events expressly described in these Terms and Conditions.

9. Confidentiality and reserve

Confidential information is understood as any and all information each Party has supplied or may supply to the other and/or any other person related to it (the “Representatives”) before or after the insertion order or the contract is entered into by the Parties: (i) unknown by the other party; and (ii) by means of which that Party obtains information or knowledge from the other (the “Confidential Information”).

In consequence, each Party is bound not to reveal, share, exhibit, show, communicate, market, produce for third parties, or employ the Confidential Information it receives from the other Party, for purposes other than the performance of the commercial relationship that exists between the Parties and described in these Terms and Conditions.

Confidentiality obligations will not be breached when:

1. The Confidential is in or becomes a part of the public domain, for reasons other than a breach of these Terms and Conditions.
2. A competent authority requires the Party to share Confidential Information. In this event the other Party must be informed before dissemination, such that the other Party may have the opportunity to defend, restrict, or protect it. In any event the obliged Party is bound to argue professional or commercial secrecy in a timely and appropriate manner to prevent dissemination.
3. The Parties agree their revelation previously and in writing.
4. The Confidential Information is related to illegal activities and must be disseminated to comply with the duty to report to the corresponding authorities.

Paragraph 1. The confidentiality obligation will remain in effect during the time the Confidential Information remains in the power of each Party.

Paragraph 2. Termination or request for return. Upon termination of the contractual relationship between the Parties for whatever reason, either Party may request and the other will be obliged to return and destroy any and all Confidential Information it has received, within 90 days of receiving the request.

Paragraph 3. Ownership. All Confidential Information delivered will continue being the exclusive property of the Party that supplied it and will be returned and destroyed and cease being used as established in the previous paragraph.

10. AML CFT CA

The Advertiser guarantees that it, its shareholders, employees, directors, Representatives, managers and/or agents are not involved in illicit activities, neither are they included on domestic and international watchlists and that, therefore, its commercial activities are completely legal.

Accordingly, the Advertiser represents that it is not related with criminal activities or behaviors that lead to a realization of the risk of money laundering and/or terrorist financing and/or corrupt activities (“AML-CFT-CA”). Likewise, the Advertiser guarantees that it complies with national and international regulations applicable to AML-CFT-CA risks and that, in the event of being obliged under the Basic Judicial Circular Letter issued by the Corporate Superintendent, it warrants that it will adopt an AML-CFT-CA self-control and risk management system developing prevention and control policies for this risk.

11. Consent to personal data processing

Viajala, which you can communicate via email: [email protected], in compliance of the Colombian personal data protection regulations, requires your freely, prior, expressly, voluntarily and duly informed consent so that you allow it to process all the personal data and information of your ownership that you provide by yourself or that it acquires by other ways, for the development of the missionary activities, within which are, inter alia, the following: (i) Identify and maintain a record and control of the suppliers, clients, potential clients and creditors of the Company; (ii) Provide the services required by its clients and access to the services offered by its suppliers; (iii) Promote activities, products and services offered by the Company or by its partners, associates or economic allies. For this purpose, different means of communication will be used, such as mail, e-mail, landline phone, social media and cellphones (including text and voice messages); (iv) Meet requirements presented by the owners of the personal data or competent authorities; (v) Carry out commercial, statistical and market analysis and researches; (vi) If necessary, for the transmission and / or transfer of the data provided to third parties (inside or outside the country); (vii) Identification of fraud and prevention of money laundering, financing of terrorism and other criminal activities; (viii) The other purposes enshrined in the Company's personal data processing policy, which can be consulted on the following website: https://viajala.com.co/.

As the personal data owner, you have the right to know, update, rectify and request the removal of your personal data (when pertinent in accordance with current regulations); be informed about the use that the Company gives to them; request proof of the consent granted to process the personal data or revoke it when pertinent in accordance with current regulations; file complaints for the infringement of the provisions of the personal data regulations to the Superintendency of Industry and Commerce; and consult the personal data that were previously authorized for free. These rights can be exercised by writing to the email: [email protected].

We invite you to learn about the procedures established for the exercise of your rights in our personal data processing policy, which you can consult at the following link.

12. Modifications to the terms and conditions

Viajala may, from time to time, review or modify the Terms and Conditions. Upon signing an insertion order or contract with Viajala, the Advertiser agrees to be bound by any such review or modification, which will come into effect as of the moment they are notified to Advertisers.

13. Miscellaneous

1. Applicable jurisdiction. For all effects the Parties define the city of Medellin, Colombia as the applicable jurisdiction.
2. Applicable legislation. The contract relationship between the Parties will be governed and interpreted according to the laws of the Republic of Colombia.

14. Term

These Terms and Conditions are in effect as of their date of publication in the month of March 2021. Any modification to these Terms and Conditions will be notified to Advertisers in a timely manner.