These terms and conditions of use (hereinafter, the "Terms and Conditions" or the "Terms of Use") regulate the general terms and conditions applicable to the services contracted by each registered user (hereinafter, the "User") and the suppliers registered through the web site Turshop.cl (hereinafter and indistinctly, the "Website" or the "Platform"), which in turn is operated by the company "Transportes Chile Road SpA", Tax Identification Number No. 76.339.928-1, duly represented by Mr. Cesar Leonardo García Valenzuela, National Identity Card No. 15. 296.180-4, both with address at Latorre N° 1.751, Office 205, Dpto. #A191, Calama, Republic of Chile (hereinafter and indistinctly, the "Company", the "Operator", the "Advertiser" or "Turshop"). Translated with www.DeepL.com/Translator (free version)
1. Acceptance of the Terms and Conditions.
1.1 These Terms and Conditions are mandatory and binding, both for the User, the Providers (defined below) and the Operator, therefore, in the event that the User does not accept them in their entirety, he/she should refrain from requesting the services and/or using the Website.
1.2 By registering with a user account on the Website (hereinafter, the "Account") or acquiring the services as a non-registered user, you are accepting and therefore, you agree to comply fully with these Terms of Use. By accepting these Terms and Conditions, the User declares to have had a clear, understandable and unequivocal access to the services described and offered by the Company.
1.3 Therefore, before performing any action on or through the Web Site, you should carefully read all the Terms and Conditions as well as the Privacy Policy, and freely and informedly decide whether you agree with them. Otherwise, you should refrain from continuing to access the Website and contract the services described below.
1.4 Upon completion of the User's registration process (or having completed a purchase process as an unregistered user) on the Platform, the Operator will automatically send a copy of these Terms of Use to the email registered by the User, so that the latter can store a copy of the same and thus ensure due and timely knowledge of the terms of the contract. Together with this information, the respective invoice will be sent, which will detail the prices, charges, costs, fees and/or commissions associated with the contracted Services.
1.5 Notwithstanding the foregoing, the Company reserves the right to suspend, cancel and/or eliminate Users who violate any obligation imposed in the Terms and Conditions during the term of the contracted services and/or provide false or incorrect information regarding their account and profile. To this end, it may also exclude the User from any future contracting or provision of services, reserving the right to take any legal action it deems appropriate in accordance with its interests.
2. Capacity.
2.1 The Services (described below) may only be contracted by natural persons who have the legal capacity to contract according to Chilean law and are 18 years of age or older.
2.2 The services may not be used by persons who do not have such capacity and minors. Likewise, the services may not be contracted by companies whose business is that of tour operators or tourism companies.
3. Services.
3.1 The User may access the Website in order to contract different types of services and/or tourist packages offered by third party providers through the Website (hereinafter the "Providers" or the "Provider" as applicable), among which are the contracting of horseback riding services, trekking, excursions, guided tours, gastronomic and astronomic tours, lodging, among others (hereinafter the "Services").
3.2 In this way, the Operator's sole purpose is to illustrate to the public and/or consumers the services offered by various operators, companies or independent third party tourism companies, intermediating in the contracting of the latter with each User through the use of the Website. In consideration of the foregoing, the Operator shall not assume any legal obligation with respect to the due provision of the Services, and shall only provide the User with the information required from each Provider, as established by the Electronic Commerce Regulations in force as of this date in the Republic of Chile.
3.3 The User accepts and consents that the Operator may send to his/her registered e-mail address, information, advertising or offers offered by the Providers on the Platform, from time to time, indicating in any case the subject or matter on which it deals, the identity of the sender and contain a valid address to which the User may request the suspension of the mailings, which shall be prohibited from then on.
3.4 Each of the services reported on the Website shall have a specific detail of the price to be paid (in Chilean pesos), which shall include all taxes attached to the same, the characteristics of each service and the number of passengers required to complete the same. Prior to the contracting, the Web Site shall show a summary of the purchase with all these details. However, the services or products that are excluded in each case, such as income to national parks or the acquisition of other supplies, shall be expressly indicated.
3.5 By contracting the Services, each User is responsible for his/her own suitability to comply with the details of the tours, excursions or services offered, as well as for the risks associated with each service, whether due to age, physical, climatic, logistical or other factors of any nature.
3.6 In consideration of the foregoing, it is hereby stated for the record by the Operator that the contracting of the Services shall not contemplate the contracting of associated insurance, whether life or accident insurance or others of any nature, nor the indemnification of damages for any type of concepts.
3.7 Tourism companies or operators offering their services through the Website must always provide the following information to the User through the Website:
- (i) Identification of the natural or legal person, i.e., name, company name or fantasy name;
- (ii) Unique Tax Number or Unique National Number;
- (iii) Legal domicile; and
- (iv) In the case of a legal entity, identification of its legal representative.
3.8 Prior to contracting any service, the User must also read and consent to the special terms provided by the Sellers on the Web Site, which are included in direct links through hyperlinks. It shall be the sole responsibility of the User to accept and consent to such terms, exempting the Operator from any kind of liability.
4. Retract.
4.1 In consideration of the nature of advertiser and mere intermediary of Turshop, the User must review the policies of withdrawal, modifications, returns and/or changes of each Supplier, indicated on the Website, prior to contracting.
4.2 Notwithstanding the foregoing, in the event that a withdrawal is notified by the User and accepted by a Platform seller, Turshop shall be entitled to retain up to 5% of the objected transaction, by way of administration costs and Platform payment gateway costs.
5. Payment Methods.
5.1 All payments made through the Website may be made by electronic transfer or by local or international bank cards, for which Users may be redirected to other websites or web platforms not operated by the Company.
5.2 The means of payment that each User can use to contract the final Services through the Platform are informed on the Platform, which can be reviewed without generating a purchase request, and/or while generating it, and/or before sending it and once it is sent.
5.3 The User is aware that, when he/she enters his/her account or card information and accepts the transaction, he/she is authorizing the charges for price, tariff, fees, and all the concepts informed and accepted by the latter, in addition to the payment of the charge for our intermediation service in the purchase.
5.4 Also, the User takes knowledge that, if you make a purchase in installments by credit card, this is aware that interest, taxes, fees or other charges that may be generated by these, are not collected by Turshop, but by the issuer of the means of payment and the amounts and / or forms and / or dates of payment of those depend on the conditions that the holder of the means of payment has agreed with each card issuer. In view of the foregoing, Turshop recommends that each User be informed of the conditions of use and interest of the credit card before using installment purchase method.
5.5 However, by contracting a service through the Website, the User expressly consents to the use of FLOW, WEBPAY, PAYPAL and other payment gateways and/or platforms that may be enabled in the future through the Website, for the payment of the service offered.
6. Intellectual Property.
6.1 The content, organization, graphics, design, compilation and other aspects of the Web Site are protected by Intellectual Property laws. The copying, redistribution, use or publication of any such materials or parts by any User is prohibited, and will be punishable as provided by law.
6.2 The posting or transmission of information or documents on the Web Site does not constitute a waiver of any rights related to such documents or information.
6.3 The access, printing, downloading or transmission of any content, graphics, images, logos, forms or documents of the Site, grants the User only the limited and non-exclusive right for his/her own use, but in no case may the User reproduce, republish, distribute, assign, sublicense, sell or use them for any other purpose.
6.4 Thus, the Platform and the contents provided in the Services, including: html code, texts, animations, images, etc., as well as the trademarks, trade names and/or distinctive signs displayed are the property of Turshop, its licensors or third parties and are protected by national and international laws and, in particular, by the intellectual and industrial property laws of Chile. Any use of the same outside the provisions of the Platform, including the reproduction, modification, distribution, transmission, republication, arrangement or representation of any part thereof, is strictly prohibited without the express written consent of Turshop. All rights not expressly granted in this Agreement are expressly reserved by Turshop.
6.5 The Company expressly reserves the right to exercise all actions, both civil and criminal, aimed at protecting its legitimate intellectual and industrial property rights.
7. Authorization.
The User authorizes Turshop to use, publish, reproduce and/or adapt the images and photographs that may be taken on the various expeditions, tours, trekking or other services included in its publications by the Providers, in order to better illustrate the services offered through the Website.
8. Registered Users and Identity Verification.
8.1 The account of each User of the Website is personal, unique and non-transferable, so that the Company will at no time request access to your password through written communication, telephone or by any other means. The registration, acceptance of these terms and management of the account is the sole responsibility of the registered User.
8.2 At the time of registration each User agrees to provide truthful, correct and updated information requested at registration or at any time thereafter, for purposes of verification, authentication of identity and detection of any suspicious transactions or acts that may constitute crimes punishable under Chilean law.
8.3 After the registration process and verification of the account via web, each User must choose a secret key or password that allows him/her to enter the Website with his/her profile, being the User the only one in charge of keeping it confidential, and therefore responsible for the information, access and use of his/her account. Each User is solely responsible for not disclosing their passwords to third parties, as well as maintaining a minimum security control to prevent third parties from obtaining identities, profiles, passwords or any code used to access the Platform.
8.4 The User declares and acknowledges that any carelessness or lack of appropriate diligence on his/her part in relation to the handling of the aforementioned information may result in unauthorized access to his/her account by third parties. Consequently, the User accepts and declares to be solely responsible for keeping his/her contact information such as email address, address and telephone number updated in his/her Account profile, in order to be able to receive any alert or notification that the Company may send to him/her.
8.5 In consideration of the foregoing, the User releases Turshop from all legal liability for any loss or damage that the former may suffer as a result of unauthorized third party access to your account as a result of hacking or loss of passwords, or for not acting in time to any alert or notification that the Company may make in the future. In case of doubts about possible disclosure of passwords, the User shall notify the Company of such situation by sending an e-mail to the following address: comercial@turshop.cl.
8.6 Notwithstanding the foregoing, Turshop has tools that allow it to identify the operations carried out by its customers. The Company reserves the right to request any information it deems relevant and necessary to deliver the Services it provides.
8.7 In case of finding or suspecting any inappropriate activity related to your Account, Turshop may request additional information from Users, including authentication of documents, or freeze transactions for review. You will be obligated to comply with these requests, or agree that otherwise the Account will be closed.
9. Processing of Personal Data
The User's data collected by the Operator during the use of the Services will be processed by the Operator in accordance with the following Privacy Policy.
10. Limitations of Liability
a. General
The User acknowledges and declares that his/her access to the Website or the Services is at his/her own risk and that, consequently, and without the following list being exhaustive, Turshop is not responsible for: (i) errors, omissions, inaccuracies and/or falsehoods in the content posted by its Users; (ii) any damage or injury caused by failures in the Platform, the Services and/or its systems; and (iii) any viruses that may infect your computer as a result of accessing and/or using the Services. Accordingly, Users understand and represent that use of the Website and the Services is at their own risk.
Likewise, the Customer understands and accepts that Turshop has the right to electronically monitor their account and profile, at any time and follow up on any information and/or suspicious behavior, in accordance with Turshop's own criteria contained in its internal protocols, the Law, Regulations and any other provision of the competent authority, oriented to ensure the proper functioning of the Website, ensuring protection for each User, in relation to behaviors that may violate the rights of users, such as fraudulent, harassing, denigrating, defamatory, discriminatory, threatening, immoral, obscene, pornographic or offensive behaviors incurred by Users of the Site.
Likewise, Turshop is not responsible for the results obtained from the use that each User makes of the Services offered, in accordance with the exclusions of liability contained in this Section or in any other part of this instrument. In no event shall the Company's collaborators, administrators, directors and/or representatives be liable for damages generated to Users by the use of the Website, errors, omissions, interruptions, defects, delays in information, transmission, computer viruses, system failures and other problems occurring on the Website or in the provision of the Services.
The User cannot impute any legal liability to the Company or demand compensation or payments for consequential damages, loss of profits and other damages, by virtue of damages arising from the cases mentioned above.
b. Warranty
Turshop does not guarantee the delivery, quality and suitability of any third party services that are advertised, offered or contracted through the Platform or that are provided or in any way related to the contracted Services.
c. No Advice
Turshop makes no representations or warranties about any third party services recommended through the Platform.
The content made available on the Platform is based on information believed to be publicly available, obtained from sources believed to be reliable, but such information may not have been independently verified by the Company, and no warranty, express or implied, as to its accuracy, completeness or correctness is given. Turshop assumes no liability for any loss or damage that may result from the use of the information available on the Platform.
11. General provisions.
a. Applicable Law
These Terms of Use shall be governed by the laws of the Republic of Chile.
b. Modifications to the Terms of Use
Turshop reserves the right to unilaterally modify these Terms of Use, at any time, and such changes shall be effective from the time they are published. To this end, the Operator undertakes to make all reasonable and diligent efforts to inform Users of material changes to the Terms of Use, using all means that Turshop deems appropriate, without relieving the User's responsibility to periodically review the Terms of Use and refrain from using the Platform in the event that they do not agree with the changes made.
For these purposes, Turshop undertakes to attempt to provide notice of all relevant changes to these Terms of Use by providing advanced notice via the Platform and/or email prior to the material change becoming effective.
The User declares and agrees that Turshop shall not be liable to its Users or third parties for any modification, suspension or termination of their access to the Services, except to the extent expressly stated otherwise herein.
c. Assignment
None of the parties involved in the contracting of the services may assign any of the rights and/or licenses granted in these Terms and Conditions.
d. Single and complete agreement
These Terms of Use comprise the complete and sufficient agreement between Users and the Company, superseding all previous conversations, agreements and understandings of any kind, so that only the provisions of this instrument and the Privacy Policies are responsible for regulating the relationship between them.
e. Acts of God and Force Majeure
The Company shall not be liable for delays, failures in performance or interruptions in the Platform and/or the Services resulting, directly or indirectly, emanating from acts of God or force majeure, including but not limited to, weather factors, local authority permits, tourist park closures, any delays or failures due to acts of third parties, act of civil or military authorities, act of terrorists, civil unrest, war, strike or other labor dispute, fire, interruption in telecommunications services, Internet and/or any other network provider services, equipment and/or software failures, natural disasters, regulatory changes, legislative changes, along with any other event that is beyond Turshop's control and therefore not attributable to Turshop.
Turshop does not guarantee continuous or uninterrupted access to and use of the Website. The system may eventually be unavailable due to technical difficulties, Internet failures or any other circumstances beyond the Operator's control. In such cases, efforts will be made to restore the system as quickly as possible, but Turshop shall not be held liable for any such unavailability.
Turshop is not responsible for any damage, harm or loss to the User caused by failures in the Web Site, the server or the Internet, nor shall it be liable for damages caused by any virus introduced by a third party that could infect the user's equipment as a result of access, use or examination of the site or as a result of any transfer of data, files, images, text or audio contained therein.
Users may not hold the Company liable or demand payment for loss of profits, due to damages resulting from technical difficulties or failures in the software, in the systems or on the Internet.
f. Headings
The section titles and headings contained in this agreement are inserted for convenience only and shall not be considered for any other purpose, including the interpretation or enforcement of these Terms of Use or any of its provisions.
g. Language
The meanings of the terms, conditions and statements contained in this document are subject to definitions and interpretations in the English language and in accordance with the applicable laws of the Republic of Chile. Any translation may not accurately represent the information in the original language, therefore, the Spanish version shall prevail in the event of any inconsistency with any other language version.
h. Promotions
Turshop may make available to its Customers special offers or promotions for Users who meet specific requirements. Each of these promotions will be carried out in compliance with the standards required by Law 19.496 or Law on Protection of Consumer Rights.
Notwithstanding the foregoing, Suppliers may establish qualification criteria for participation in any special promotion, which shall depend solely and exclusively on the specific contracting terms to be agreed upon between Users and such Suppliers. It may also revoke offers at any time and without prior notice.
i. Divisibility
If any section or provision contained in these Terms of Use is declared invalid or unenforceable, the remainder of these Terms of Use shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law. In such circumstances, Turshop and Users shall agree to substitute that section, to the extent that it allows the Parties to obtain the same or an equivalent benefit to that intended by the invalid or unenforceable provision.
j. Information Privacy
To use the Services offered by Turshop, Users must provide certain personal information. Your personal information is processed and stored on servers or magnetic media that maintain standards of security and protection, both physical and technological. For more information about the privacy of Personal Data and cases in which personal information will be disclosed, you can consult our Privacy Policy.
k. Contact
If you have any questions, complaints, comments or suggestions regarding these Terms of Use, your rights and obligations under these Terms of Use and/or the use of the Platform, its Services, the use of the Account, and/or in general any questions or concerns regarding the Company, Users are requested to contact us at comercial@turishop.cl.
