Cláusulas

Overview of the Right of Withdrawal

The Right of Withdrawal is a legal provision that allows consumers to cancel their purchases within a specific timeframe. According to Article 47 of Law 1480 of 2011, customers have the right to withdraw from certain types of contracts, particularly in the context of travel services. This guide will outline the key conditions, procedures, and exceptions related to this right, helping you navigate your options effectively.

Key Conditions for Exercising the Right of Withdrawal

To qualify for the Right of Withdrawal, certain conditions must be met:

  • Sales of Services via Financing: Applies to purchases made through financing provided by the producer or supplier.
  • Timeshare Sales: Includes agreements related to shared ownership of vacation properties.
  • Non-traditional Sales: Covers transactions conducted remotely that have not commenced within five business days.

The maximum timeframe to exercise this right is five business days from the date of the service contract, acceptance of the service, or payment of a deposit, depending on the specific case.

Exceptions to the Right of Withdrawal

  1. Tourism Services: If you accept a quote or offer for a tourism service, the contract is considered initiated. Therefore, the Right of Withdrawal does not apply, as specified in Article 47 of Law 1480 of 2011 and SIC Concept No. 24-474276.

  2. Air Transport Services: According to Resolution 1375 of 2015 by the Civil Aeronautics, if the ticket is purchased through non-traditional means, the passenger can withdraw from the ticket sale within five business days after purchase, provided the flight is scheduled more than five business days away.

How to Request a Withdrawal

If you meet the requirements and do not fall under any exceptions, you must submit a request through the following channel:

The travel agency will assess your request and inform you whether a refund is applicable.

Refund Process

If your request for a refund is approved, the agency will process it within 15 calendar days from the date you exercised your right. To facilitate this, you must:

  • Provide accurate and complete information as required by the provider.
  • Return any products delivered, if applicable.

Refunds will be issued to the original payment method or another agreed-upon method. For air transport refunds, processing times may depend on the airline involved.

Responsibility Clause

According to Article 4 of Decree 2438 of 2010, compiled in Decree 1074 of 2015, VIAJES DIANI operates as an intermediary for tourism services. Here are key points regarding their responsibility:

  • Limited Liability: VIAJES DIANI's responsibility pertains only to the terms and conditions specified for each service, package, or transportation.
  • Refund Policies: Refund policies for unused services are detailed in a separate document. Cancellations due to force majeure, illness, or legal issues are subject to specific guidelines.
  • No Liability for Unforeseen Events: VIAJES DIANI is not liable for circumstances such as accidents, natural disasters, or governmental actions that may impact travel.

Customer Obligations

Customers are responsible for ensuring they have all necessary travel documents and permissions before purchasing a service. The refusal of visas or permits does not qualify for a refund.

The agency will provide detailed quotes, including the deposit amount and payment methods, to secure your participation in services. Reservations for events like cruises or cultural activities will be subject to the terms established by the organizing entities.

Conclusion

Understanding the Right of Withdrawal and the associated conditions and exceptions is crucial for consumers engaging in travel services. By being informed, you can make educated decisions and protect your rights as a consumer in the tourism industry.

For any further questions or assistance, do not hesitate to reach out to the respective agency.