Official Marketplace of the Monteverde Chamber of Tourism

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Terms and Conditions

1. Introduction

tourist in is the Marketplace operated by ACA Digital Experts S.A. ("ACA Digital Experts"). This document, comprising the Terms and Conditions (hereinafter, the "Agreement"), along with the Privacy and Cookie Policy, establishes the legal basis under which we offer our services through our website www.touristinmonteverde.com ("Website") and any other associated digital platform or medium.

By accessing, browsing, or using tourist in, you, as a user (hereinafter, "User"), acknowledge that you have read, understood, and agreed to be bound by this Agreement. If you do not agree with any of the terms and conditions presented here, we request that you refrain from using our Marketplace.

tourist in is conceived as a digital platform dedicated to connecting travelers with a wide range of Tourist Activities, thereby facilitating the planning and enjoyment of their stay in Costa Rica. Our goal is to enrich your travel experience by providing direct access to unique and quality offers promoted by third-party collaborators of tourist in (hereinafter, "Providers").

ACA Digital Experts informs you that the Tourist Activities are services provided directly by Providers. Therefore, ACA Digital Experts is exclusively limited to offering a reservation service for Tourist Activities in various locations in Costa Rica through the Website, which are executed directly by the Providers.

When a User finalizes a Reservation, a direct contractual relationship is established between the User and the Provider with whom the activity or transfer has been booked. ACA Digital Experts will act solely as an intermediary between the User and the Provider, limited to transmitting the relevant Reservation data to the Provider and sending the User a Reservation confirmation email on behalf of the Provider.

The Provider is responsible for fulfilling all contractual obligations to the User, including service quality, delivery times, and any other commitment made at the time of the Reservation. ACA Digital Experts merely provides the necessary tools to facilitate these transactions but is not a party, nor is the Monteverde Tourism Chamber, to the specific contractual agreements between Providers and Users.

The information displayed by ACA Digital Experts through its Website for the provision of services is in any case based on the information provided by the Providers.

This Agreement applies to all users of the Marketplace, including tourists, visitors, and any other type of user interacting with tourist in; and defines the rights and obligations of ACA Digital Experts and the User for the contracting of Tourist Activities.

ACA Digital Experts reserves the right to modify or update this Agreement at any time. It is the User's responsibility to periodically review the Agreement to be aware of any changes. Continued use of the Marketplace after the publication of changes or updates will be considered acceptance of such changes.

 

2. Key Definitions

To ensure the understanding of the Terms and Conditions of tourist in, it is crucial to clarify the meaning of some essential terms used throughout this document. Below are the key definitions:

These definitions are fundamental for the interpretation and application of the Terms and Conditions of tourist in and will be used consistently with the meanings established here throughout the document.

 

3. Access and Use of the Marketplace

Access to tourist in, our Marketplace dedicated to connecting travelers with a wide range of Tourist Activities in Costa Rica, is designed to be straightforward and accessible for all Users. Following our philosophy of ease and accessibility, we do not require Users to complete a registration process to explore or interact with most of the basic functionalities of our Website.

Access Requirements

When using tourist in, Users must:

Conditions of Use

Using tourist in implies full and unconditional acceptance of these Terms and Conditions. Users commit to:

Responsible Use

Users commit to using the Marketplace responsibly, respecting other users, the operation of the site, and its tourism-related purpose. Any use that deviates from this purpose may result in appropriate measures being taken, including restriction of access to the service.

ACA Digital Experts reserves the right to modify, suspend, or terminate the operation of tourist in at any time, without prior notice, for reasons of maintenance, security, force majeure, or any other cause.

This open and direct access aims to offer a smooth and enriching experience to all those looking to discover Costa Rica, promoting a valuable and respectful exchange between Users and Providers in the context of the available Tourist Activities.

 

4. Conditions of Use

User interaction with the Website is subject to a set of rules and behaviors that ensure the optimal and secure operation of our Marketplace. By accessing and using tourist in, you agree to adhere to the following conditions:

Proper Use of the Marketplace

Specific Prohibitions

To protect the interests of all our Users and Providers, the following acts are expressly prohibited:

Legal Capacity and Confirmation of Information Accuracy

By making a reservation through tourist in, you declare and warrant that you are at least 18 years of age and possess the legal authority necessary to enter into this binding agreement with tourist in and the tourism service provider, to use the services offered on tourist in, and to make purchases of tourism services or products. Additionally, you ensure that all the information you provide is true and accurate. You agree to use the tourist in platform exclusively to make legitimate reservations for yourself and/or for other persons for whom you are legally authorized to act, and not to use the platform for any fraudulent purpose or in violation of applicable laws.

Consequences of Non-Compliance

Non-compliance with these conditions of use may result in action by ACA Digital Experts, including, but not limited to, the removal of infringing content, suspension or termination of access to the Marketplace, and the taking of legal action.

ACA Digital Experts reserves the right to remove any content or suspend services without prior notice, at its discretion, especially in cases where non-compliance with this Agreement or applicable legislation is suspected.

By using tourist in, you acknowledge that you have read and understood these conditions of use and commit to fully complying with them. These conditions are fundamental to maintaining tourist in as a safe, respectful, and lawful space for all our Users and Providers.

 

5. Service Offerings

tourist in is proud to present a diverse and attractive selection of tourism services focused on enriching the experience of those visiting Costa Rica. Our offerings encompass a wide range of activities designed to meet the various interests and preferences of our users. Below, we detail the nature of these services and the conditions under which they are presented and updated in our Marketplace.

Variety of Services

Our Marketplace offers, among others, the following types of tourism services:

Presentation and Update of Offers

Responsibility of Providers

Although tourist in acts as an intermediary between users and providers, the latter are fully responsible for the quality, safety, and fulfillment of the services offered. tourist in is committed to working only with providers who share our standard of quality and respect for users.

When a user purchases a Tourist Activity on the website, they are not buying anything from ACA Digital Experts, but directly from the provider. ACA Digital Experts enters into service contracts on behalf of and for the account of the providers. ACA Digital Experts acts as a commercial agent of the providers and is authorized and commissioned by the providers to conclude transactions directly between providers and users, and on behalf of the providers, and to collect payments from users. ACA Digital Experts does not offer any Tourist Activities and therefore does not become your contractual party to any service agreement. ACA Digital Experts does not act as an organizer, owner, reseller, or other contractual partner in connection with the service agreement with you. ACA Digital Experts receives a commission from the provider for brokering the service agreement.

The diversity and quality of tourism services available on tourist in reflect our commitment to the satisfaction and well-being of those who choose Costa Rica as their destination. We will continue to work to expand and improve our offerings, always with the goal of enriching the tourism experience in this unique region.

 

6. Reservations

tourist in is committed to providing an intuitive and accessible platform for users to explore and book a wide range of tourist activities in Costa Rica. The reservations made by each user through the website are subject to the specific conditions applicable to each tourist activity. Users can find these conditions in the description page of each service on the website, as well as in the confirmation email sent by tourist in after the reservation is made.

Below are the processes and policies related to the reservation process in our Marketplace:

The meeting point, date, time, duration, and all necessary information for the enjoyment of the tourist activity are detailed in the description page of each service on the website, as well as in the confirmation email sent by tourist in to the user after the reservation is made. Users must immediately check the order confirmation to ensure that all details have been entered correctly.

In the confirmation email, in addition to providing all the information about the reserved service, tourist in will provide the user with a reservation code for the tourist activity. ACA Digital Experts informs that the provider may require users to show the reservation code and/or the reservation email confirming the booking of the tourist activity before the start. For security reasons, the provider may also request a valid ID. ACA Digital Experts will not assume any responsibility if the user fails to present this information to the provider.

It is essential that users are punctual and arrive at the meeting point at the time and date indicated in their reservation, as all tourist activities are scheduled to depart at a specific time and it is not possible to change the start time.

The duration of the tourist activities published on the website is for reference only and may vary slightly depending on the actual progress of the service or any external factors beyond the control of the provider and/or ACA Digital Experts, such as weather conditions, traffic problems, strikes, etc.

If users have any questions regarding the reserved service, particularly regarding the meeting point of the activity, excursion, or tour, they may contact the provider at the contact number provided in the reservation email sent by tourist in upon confirmation of the reservation.

By virtue of these terms and conditions, users declare that they will provide truthful, accurate, current, and complete information about their identity or, if applicable, about the person on whose behalf the activity or transfer is reserved. In this regard, users are responsible for the accuracy of the information provided to ACA Digital Experts and for any consequences that may arise from errors in the information provided.

The user acknowledges that the reservation does not include any type of insurance. The user is responsible for obtaining sufficient insurance coverage. tourist in strongly recommends obtaining travel insurance, especially if booking a tourist activity that involves outdoor or high-risk activities. ACA Digital Experts does not conduct tours, employ guides, or establish safety standards for activities. Providers are independent contractors and not agents or employees of ACA Digital Experts. ACA Digital Experts is not responsible for the acts, errors, omissions, representations, warranties, breaches, negligence, or misconduct of any provider, nor for any personal injury, death, property damage, or other damages or expenses resulting therefrom or arising from any reservation or tourist activity.

 

7. Cancellations and Refunds Modifications

tourist in understands that plans can change and is committed to offering flexibility and support to users during the reservation and cancellation process. For any inquiries or additional assistance related to reservations and cancellations, users can contact the tourist in customer service team.

Below are the processes and policies related to cancellations, refunds, and modifications in our Marketplace:

Cancellation and Refund Policies

Each of the tourist activities promoted by ACA Digital Experts on the website has a specific cancellation policy that the user can consult on the activity description page, as well as in the confirmation email sent by ACA Digital Experts once the reservation has been made. Therefore, each service will be subject to its specific cancellation conditions, which will establish the cancellation period and whether there is any penalty or not.

ACA Digital Experts, as the provider's commercial agent, is your contact regarding this agreement. If you wish to request a refund for the reservation price outside of our cancellation policy, you can contact us. We will then communicate with the provider, who will determine, at its discretion, whether to honor the refund request. The provider may process a refund granted by the provider through us.

Ultimately, ACA Digital Experts will manage cancellations in accordance with the cancellation policy of each tourist activity. For a cancellation to be effective, it must be made through the self-service options available on our website.

Specific Mentions

All change requests are subject to corresponding availability. ACA Digital Experts does not guarantee the success of any change request and will not be successful unless ACA Digital Experts confirms that a change request is accepted. If the provider does not want or cannot accept such a change request, your right to a refund, if applicable, will be governed by the cancellation terms of your reservation. It is the user's responsibility to cancel a reservation before any deadline for cancellation with a refund, even if waiting for the provider's response to a change request.

If a reservation is modified and the provider does not have availability for the reserved date, the user will be informed and offered, whenever possible, an alternative date and times. If the user does not respond within the timeframe established by the provider or rejects the proposed alternative, the reservation will be canceled, and, if applicable, the amount will be refunded immediately to the user. In any case, ACA Digital Experts will issue the appropriate rectifying documentation.

Occasionally, a provider may make a change to a tourist activity after its purchase, including, but not limited to, the date, price, inclusions, coverage, age requirements, and/or any other feature and/or requirement of the tourist activity. As a result, ACA Digital Experts, acting on behalf of the provider, reserves the right to cancel, change, or substitute any reservation purchased by the user at any time and for any reason. If the proposed change by the provider is material, such as a date change and/or a significant change in the itinerary, and the user is not satisfied with the offered alternative, they will be entitled to a full refund of the purchase price.

By accepting this agreement, users declare that they have read and expressly accepted this cancellation policy and agree to the cancellation conditions of the tourist activity they book through the website.

 

8. Rights and Obligations of Users

Users' Rights

By using tourist in, users enjoy the following rights:

Users' Obligations

By accessing and using tourist in, users agree to:

Users should be aware that failure to comply with their obligations may result in restrictions on the use of the Marketplace, including the suspension or termination of access to tourist in. ACA Digital Experts reserves the right to take necessary measures to protect the integrity and proper functioning of the Marketplace, as well as the interests of all users and providers.

Conditions for Participation in Tourist Activities

As part of the commitments made by using tourist in, users must ensure they are in full physical and mental capacity when participating in any tourist activity booked through the Marketplace. This includes, but is not limited to, being free from the influence of alcohol, drugs, or any other substance that may impair their cognitive or physical abilities. It is the user's responsibility to ensure their health status and physical condition are appropriate for the selected activity.

Prohibition of Substances and Providers' Right of Admission

The consumption of alcohol or drugs before or during the performance of tourist activities not only compromises the user's safety but also that of other participants. Consequently, activity providers have the absolute right to deny participation to any user who, in their judgment, appears to be under the influence of alcohol or drugs at the start of the activity. In such cases, the user will not be entitled to any refund for the booked activity and may be subject to the cancellation of their reservation without any compensation.

Additionally, the provider may exclude the user from a tourist activity if the user does not meet the participation requirements specified on the website, if they believe the user is endangering themselves or others through their participation, or if they disrupt the implementation of the tourist activity in any way. In such cases, ACA Digital Experts will not refund the reservation price paid.

By accepting this agreement, the user acknowledges and agrees that participation in the tourist activities offered through tourist in is conditioned on adherence to these conduct rules and understands the possible consequences of non-compliance.

The provider may make minor changes to the tourist activity program at any time if deemed necessary due to circumstances arising at short notice. These minor changes to the program also include a change in the start/meeting point of the tourist activity. Any minor changes will be communicated by email.

 

9. Economic Terms of Contracting

The reservation of services with ACA Digital Experts will be considered formalized once the users have completed and accepted the reservation form for the tourist activity, and the reservation has been confirmed after the reservation process has been completed correctly, and the payment has been successfully made.

The prices will be those indicated by ACA Digital Experts at the time of booking the tourist activity chosen by the user. All services are confirmed immediately, and payment is made at the time of booking. These prices are expressed in US Dollars (USD), and the total amount will be indicated at the time of final confirmation of the service contract.

After booking, users will receive a confirmation email confirming the charge for the contracted service and providing a purchase receipt for the contracted services. Users should note that this purchase receipt does not equate to the issuance of the corresponding invoice for the services contracted. Users can request the invoice directly from the provider at the time of service delivery.

Users can download the documentation regarding the services contracted from the website. If the reservation is canceled as indicated in this agreement, ACA Digital Experts will issue the appropriate rectifying documents for the user.

Any unauthorized or fraudulent charges on the card used for the purchase must be reported to ACA Digital Experts at [email protected] as soon as possible so that ACA Digital Experts can take the appropriate actions. Activities booked through actions or transactions suspected of being fraudulent may be canceled by ACA Digital Experts.

 

10. Limitation of Liability

At tourist in, we are committed to providing a safe and reliable space where users and providers can interact to offer and book tourist activities in Costa Rica. However, it is important to understand the scope and limitations of our liability as intermediaries in this process.

Scope of Our Responsibility

tourist in acts solely as an intermediary between users and providers of tourist activities. As such, our responsibility is limited to:

  1. Facilitating Interaction: Providing a platform for users to discover and book tourist activities offered by providers.
  2. Managing Reservations: Processing reservations made through tourist in, including collecting payments on behalf of providers, as agreed.

To the fullest extent permitted by applicable law, ACA Digital Experts shall not be liable for any indirect, special, incidental, consequential, exemplary, or punitive damages, including damages for loss of data, loss of profits, loss of revenue, or costs of acquiring substitute goods or services, any cause and under any theory of liability, including contract or tort (including product liability, strict liability, and negligence), even if we were or should have been aware or advised of the possibility of such damage.

To the fullest extent permitted by applicable law, if ACA Digital Experts is liable for any loss or damage arising out of or related to this agreement, including your use of the website services, your participation or non-participation in an activity, or an incidental injury, then the liability of ACA Digital Experts shall in no event exceed, in aggregate, the greater of the amount paid to ACA Digital Experts in connection with the tourist activity giving rise to the claim (if applicable).

The parties acknowledge and agree that the provisions of this section represent a reasonable allocation of risks and that ACA Digital Experts would not enter into an agreement without such provisions. In no event shall ACA Digital Experts be liable to the user for the acts or omissions of any provider.

Disclaimer of Liability

  1. Marketplace Content: While tourist in strives to ensure that all information provided on the Marketplace is accurate and current, we do not guarantee the truthfulness, accuracy, or completeness of the content offered by providers, nor are we responsible for errors, omissions, or inaccurate descriptions.
  2. Quality and Safety of Activities: The responsibility for the quality, safety, legality, and any other aspect of the tourist activities offered rests entirely with the providers. tourist in does not verify or guarantee the quality or safety of the activities booked through our Marketplace.
  3. Interactions between Users and Providers: Any agreement or transaction made directly between users and providers, outside the tourist in booking process, is beyond our control and, therefore, exceeds our responsibility.
  4. Indirect Damages: Under no circumstances shall tourist in, ACA Digital Experts, or the associated Chambers of Tourism be liable for any indirect, incidental, special, consequential, or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from the use or inability to use the Marketplace or the tourist activities booked through tourist in.
  5. Late Cancellations by Users: ACA Digital Experts shall not be responsible under any circumstances for refunding amounts paid by users when they have not complied with the cancellation period provided in the cancellation policy applicable to each service.
  6. Delays or Errors by Users to Reach the Meeting Point: ACA Digital Experts shall not assume any responsibility if the user misses the activity or transfer booked due to lack of punctuality and/or not being at the designated meeting point.
  7. Non-presentation of Reservation Confirmation: ACA Digital Experts shall not be responsible if the provider denies access to the user when they do not present the corresponding reservation confirmation.
  8. Damage and Theft: ACA Digital Experts shall not be responsible for damages and theft affecting users and their property during the enjoyment of tourist activities and/or during the journey of the booked transfer service.
  9. Injuries, Damage, and Accidents: Under no circumstances shall ACA Digital Experts be responsible for injuries, damage, and accidents that may occur to the user during the enjoyment of the tourist activity, as well as those injuries, damage, and accidents suffered by the user before the service and which prevented them from enjoying it.
  10. Transfer Service: ACA Digital Experts shall not be responsible if the vehicle booked for the transfer does not arrive at the pick-up point when the information provided by the user about the schedules and pick-up point is incorrect or misleading.
  11. Weather Conditions: ACA Digital Experts shall not be responsible for the weather conditions under which the provider carries out the tourist activities booked by users. Under no circumstances shall ACA Digital Experts be responsible for these circumstances, so the service shall be considered correctly provided.
  12. Quality and Suitability of the Service: ACA Digital Experts shall not be responsible for the quality and suitability of the service contracted by the user.
  13. Variation in Service Duration: ACA Digital Experts shall not be responsible if the tourist activities have been completed in terms of all the points of interest included in them, although the duration has varied slightly due to any external factor to the provider and/or ACA Digital Experts. In this situation, it shall be understood that the service has been correctly provided.
  14. Complaints and Claims: ACA Digital Experts shall not be responsible for complaints and claims regarding the service contracted by the user, which must be managed with the provider, without prejudice to ACA Digital Experts collaborating with the user to address their claims.
  15. Tax Compliance: ACA Digital Experts shall not be responsible for complying with any tax obligation of declaration, payment, or any other type arising from or resulting from the service provided by the provider. ACA Digital Experts is exempt from any type of tax liability concerning the services provided by the provider.
  16. Access and Use of the Website: ACA Digital Experts does not warrant and is not responsible, in any case, for damages of any kind that may arise from accessing or using the content or the website.
  17. Website Operation: ACA Digital Experts is not responsible for the lack of availability, maintenance, and effective operation of the website and/or its services or content, as well as for damages of any kind that may be due to the lack of availability or continuity of the website's operation, or for technical failures attributable to third parties or force majeure that prevent the proper functioning of the website. Likewise, in cases of force majeure, understood as the failure, suspension, or interruption of internet services or website use, as a result of blocking the internet network, actions or omissions by third parties, or any other causes or circumstances beyond the control of ACA Digital Experts that prevent the normal use of the website.
  18. User Use: ACA Digital Experts is not responsible for the illegal, negligent, fraudulent use of the website by users contrary to these terms or good faith.

Force Majeure

tourist in shall not be liable for any failure or delay in the performance of our obligations under these terms and conditions due to events beyond our reasonable control, including but not limited to acts of nature, wars, terrorism, riots, embargoes, acts of civil or military authorities, fires, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

Disclaimer

To the fullest extent permitted by applicable law and except as expressly set forth herein, we make no representations or warranties, express or implied, legal or otherwise, with respect to the activities and services contemplated by this agreement, including any implied warranty of merchantability or fitness for a particular purpose and any implied warranty arising from course of dealing, course of performance, or trade usage.

The website is provided "as is," without warranty of any kind, either express or implied. We do not warrant that the website will meet all your requirements or that the website's performance will be uninterrupted, virus-free, secure, or error-free, or that the website's content will be complete, accurate, or free from technical defects or unauthorized changes by third parties. ACA Digital Experts is not responsible for the accuracy or completeness of the data provided by the provider.

Incidents with Injuries

The user, and any other person for whom the user made a reservation (co-traveler) for a tourist activity, accepts and understands that the tourist activities are provided by providers, not by ACA Digital Experts. Providers are independent third parties not under the control of ACA Digital Experts. In the event that the user or a co-traveler is injured, dies, or suffers a loss during or in connection with a tourist activity, you agree to seek compensation directly from the provider who provided the tourist activity, not from ACA Digital Experts or its affiliates, subsidiaries, distribution partners, or their respective officers, directors, employees, and agents.

For this reason, the user, on their behalf and on behalf of their co-travelers, hereby releases ACA Digital Experts parties from any claims, demands, causes of action, obligations, damages, and liabilities, costs, and expenses, including but not limited to attorney's fees; related to any injury incident, which they ever had, now have, or may have in the future, whether known or suspected at the time of acceptance of the agreement.

The user and co-traveler agree and accept never to initiate, process, cause, allow, or advise that any legal or equity action, or other proceedings, including arbitration, be initiated or processed against any ACA Digital Experts party, based on any injury incident. If any of these prohibited actions or proceedings are initiated, this agreement may be alleged as a full and complete defense.

This section is not intended to limit the liability of ACA Digital Experts in a manner inconsistent with applicable laws. As a user, it is important to be aware of these limitations when using our Marketplace.

 

11. Limitation of Liability Related to Tourism Chambers

Trusted Intermediary

tourist in, managed by ACA Digital Experts, provides a platform to facilitate transactions between users and providers of tourism services. We emphasize that our role is limited to intermediary; direct responsibilities such as the quality, execution, and safety of the services lie solely with the independent providers.

Scope of Excluded Responsibilities

We do not assume responsibility for the actions or inactions of providers or for interactions between users and providers, including all aspects related to transactions conducted through tourist in. These services are provided under the sole responsibility of the providers, who must ensure adequate insurance coverage and safety measures to protect all parties involved.

User Acknowledgment and Understanding

By using our Marketplace, users expressly acknowledge and agree that their contractual relationship is directly with the provider of the selected tourism service and not with tourist in or any of the associated Tourism Chambers. Any claims for incidents arising from the services provided must be directed to the responsible provider.

Disclaimer of Liability by Tourism Chambers

The associated Tourism Chambers, acting as facilitators of contact and promotion, shall not be responsible for any losses, damages, injuries, or accidents that may occur during the execution of any tourism activity facilitated through tourist in. This understanding ensures that legal responsibility is appropriately managed according to applicable laws and is reaffirmed in this Agreement and in each contract made with the providers.

 

12. Intellectual Property

The content of the tourist in Marketplace, including, but not limited to, texts, graphics, images, logos, icons, software, and any other material, as well as their selection and arrangement, is the exclusive property of ACA Digital Experts, its licensors, or the respective content providers, and is protected by Costa Rican and international intellectual and industrial property laws.

Rights of tourist in

All intellectual and industrial property rights related to the content of the Marketplace, including the registered trademarks of tourist in and the logos of the providers, are legally reserved. Access to this website does not grant users any ownership rights over the website or its content.

Permitted Use

The use of the tourist in platform by users is limited to personal and non-commercial access and use. Copying, reproducing, redistributing, downloading, publishing, or transmitting any part of the content of tourist in for commercial purposes without the prior written consent of ACA Digital Experts or the respective rights holders is expressly prohibited.

Users may use the site content for planning and booking tourism activities only. Any other use of the content, including reproductions for purposes other than personal, non-commercial use, without prior consent from ACA Digital Experts or the rights holders, is strictly prohibited and may constitute a violation of intellectual property laws.

Unless expressly stated otherwise, any use of the website for a purpose other than that stated above will require our prior authorization. Users are not authorized to decompile, disassemble, reverse engineer, decrypt, or otherwise modify the website and/or its source codes. However, users are allowed to observe, study, and verify its functioning without prior authorization from ACA Digital Experts when such acts are necessary for the use of the website. The use of the website does not require making any backup copies, so users shall refrain from doing so.

User Contributions

Users who have booked tourism activities through tourist in may post their reviews and ratings on the website. If users submit their own content, such as reviews, comments, or photographs, to tourist in, they grant ACA Digital Experts a non-exclusive, free, perpetual, irrevocable, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content worldwide in any medium without the obligation to communicate with the user. This does not affect the users' rights over their own content, including the right to be recognized as the authors of it. ACA Digital Experts, its affiliates, sub-agents, and distribution partners may display advertisements and other information alongside user content. Users are not entitled to any compensation for such advertisements.

When ACA Digital Experts receives a user’s opinion and rating, it will review and publish it as soon as possible on the website. In any case, ACA Digital Experts will publish user reviews as long as their content is not false, illegal, obscene, abusive, threatening, defamatory, invasive of third-party privacy, or otherwise objectionable, and as long as the content does not include advertisements or links to other websites and/or is unrelated to the rated service.

Protection of Intellectual Property

ACA Digital Experts respects the intellectual property of others and asks its users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or if you become aware of any intellectual property infringement within tourist in, please contact us to take appropriate action.

This section aims to ensure respect and protection for intellectual creations, contributing to an environment of trust and mutual respect among all participants of the Marketplace.

 

13. Links to Third-Party Websites

The Website may contain links to websites operated by third parties other than tourist in (hereinafter referred to as "Third-Party Sites"). These links are provided solely as a reference to facilitate access to additional information. The presence of such links on the Website does not imply approval or endorsement by tourist in or ACA Digital Experts of the material contained on the Third-Party Sites, nor any association with their operators.

ACA Digital Experts does not control the Third-Party Sites and is not responsible for their contents or their privacy or security practices. The responsibility for visiting and browsing these sites rests entirely with the User.

It is the User's responsibility to ensure that any link selected or software downloaded, whether from the Website or from Third-Party Sites, is free of elements such as viruses, worms, trojans, and other destructive elements.

 

14. Data Protection and Privacy

At tourist in, we understand the importance of protecting our Users' privacy and personal data. We are committed to handling all information collected through our Marketplace with the utmost care and security, and to using it solely in accordance with applicable data protection and privacy laws, including the legislation of Costa Rica. For more details, please refer to our Privacy and Cookies Policy.

 

15. Indemnification

The User shall fully indemnify ACA Digital Experts for all damages, costs, and expenses, including reasonable legal defense costs, incurred by us, our agents, or partners as a result of:

 

16. Modifications to the Terms and Conditions

ACA Digital Experts S.A., as the operator of tourist in, reserves the right to modify, update, or otherwise alter these Terms and Conditions at any time and for any reason. These modifications may reflect changes in legislation, improvements in the functionality of the Marketplace, or adjustments in our operations and business practices.

The modified Terms and Conditions will be published on the tourist in website, replacing the previous version. The "last updated" date at the beginning or end of the Terms and Conditions will reflect the latest revision. These modifications will be effective upon their publication on the website. It is the User's responsibility to review this page periodically to check the current version of this Agreement.

Acceptance of Changes

Continued use of tourist in by the Users after the implementation of changes to the Terms and Conditions will constitute acceptance of those changes. If the User does not agree with the modified terms, they have the right and option to stop using the Marketplace.

Inquiries

Users who have questions, comments, or concerns about any modifications to these Terms and Conditions can contact tourist in through the means provided in the "Contact and Customer Service" section.

This modification mechanism ensures that the Terms and Conditions of tourist in can evolve in parallel with the needs of our Users, market demands, and changes in the regulatory environment, always ensuring transparency and effective communication with our Users.

 

17. Applicable Law and Jurisdiction

The use of the tourist in Marketplace and all the terms herein are governed by the laws of the Republic of Costa Rica. This legal framework applies to both the execution and interpretation of these Terms and Conditions and the resolution of any conflicts that may arise between tourist in, operated by ACA Digital Experts, the Users, and the Providers.

Jurisdiction

For the resolution of all disputes or issues related to this Website or the activities carried out on it, Costa Rican law will be applicable, to which the parties expressly submit, being competent for the resolution of all conflicts derived from or related to its use by the Courts of Costa Rica.

In the event that the User is domiciled outside of Costa Rica, ACA Digital Experts and the User expressly waive any other jurisdiction, submitting to the Courts of Costa Rica for any matter that may arise or actions that may be exercised.

This clause of Applicable Law and Jurisdiction ensures a clear legal framework for the operation of tourist in, providing security to both Users and Providers in the understanding that any legal proceedings will be carried out under a known and respected legal system.

Commitment to Conflict Resolution

tourist in is committed to using all means at its disposal to provide an amicable solution to any discrepancy or dissatisfaction that may arise in the context of using the Marketplace. We thank Users and Providers for their preference and trust, and we strive to offer an exceptional experience in Costa Rica, always within a context of respect and legality.

We invite Users to contact us directly through customer service channels for any questions or clarifications related to the Terms and Conditions or any aspect of our service.

 

18. General Provisions

  1. Entire Agreement: This Agreement and referenced documents constitute the complete understanding between the parties regarding its subject matter, superseding any prior or contemporaneous agreements related to the subject in question.
  2. Section Headings: The section headings and subtitles used in this Agreement are for convenience only and shall not be used to interpret the Terms and Conditions.
  3. Waiver: The waiver or failure to enforce any provision of this Agreement shall not be considered a waiver of any subsequent breach of the same or any other provision, and such waiver shall not be effective unless in writing.
  4. Restriction on Assignment Without Authorization: ACA Digital Experts may assign or transfer this Agreement in whole or in part. The User may not assign or transfer this Agreement or any of their rights or obligations under it, by operation of law or otherwise, without the prior written consent of ACA Digital Experts.
  5. Severability: If a court of competent jurisdiction finds any provision of this Agreement to be invalid, void, or otherwise unenforceable, the remainder of this Agreement shall remain in full force and effect, and the parties shall modify such provision to make it valid and enforceable, if possible, in that jurisdiction and in accordance with the intent of the parties.
  6. Remedies: Any remedy provided in this Agreement is additional and not exclusive of any other remedy available to a party at law or in equity.
  7. Contact and Customer Support

At tourist in, we strive to offer an exceptional experience to all our Users. As commercial agents, we support Providers in this process. We understand the importance of maintaining open and effective communication. Therefore, we provide various contact channels to ensure that any questions, inquiries, or needs for assistance are addressed promptly and satisfactorily.

Communication Channels

  1. Web Support: For general inquiries, assistance with Reservations, or any other type of support, you can use our Help Center or contact us through our online chat.
  2. Email Support: For general inquiries, assistance with Reservations, or any other type of support, you can contact us at our email address: [email protected]. We commit to responding to all inquiries within a maximum of 48 hours.
  3. Social Media: tourist in maintains an active presence on various social media platforms. You can follow us, interact with us, and send direct messages through our official accounts.

In case of an emergency, communication between the User and the Provider can be conducted directly. The contact details of the respective Provider can be found in your Reservation.

Submitting Complaints or Claims

We understand that situations may arise where our Users or Providers feel the need to express a complaint or file a claim. tourist in is committed to handling all complaints with the seriousness and attention they deserve, following a transparent and fair process for resolution. To submit a complaint or claim, please use the email or contact form mentioned above, detailing the nature of your concern. We commit to investigating all complaints received and providing a response or solution as soon as possible.

Commitment of tourist in

Our customer support team is committed to excellence in service, striving to provide answers and solutions that meet the needs of our Users. Your satisfaction is our priority, and we continually work to improve our services and the experience on tourist in.

For any additional information, updates, or changes to our contact channels, we invite you to regularly visit our website or follow us on our social media platforms.