1. Who We Are and Acceptance of Terms
These Terms of Service ("Terms") govern your access to and use of the website www.bogotagolfexperience.com (the "Site") and any golf tour packages, tee time bookings, transportation, concierge services, or related travel services (collectively, the "Services") offered by [BGX Legal Entity Name, e.g., "Bogotá Golf Experience S.A.S."], a company organized and existing under the laws of the Republic of Colombia, with tax ID (NIT) [INSERT NIT] and registered address at [INSERT FULL COLOMBIAN ADDRESS] ("BGX," "we," "us," or "our").
BGX is a Colombian tour operator. We are not a US company, and no BGX entity is incorporated or registered in the United States. By accessing the Site, creating an account, requesting a quote, or booking any Services, you ("you," "Guest," or "Client") agree to be bound by these Terms, our Privacy Policy, and our Cookie Policy, each of which is incorporated by reference. If you do not agree, do not use the Site or the Services.
These Terms are written primarily for Guests located in or booking from the United States, and references to specific US laws below apply only to the extent your residence or the applicable transaction triggers them.
2. Eligibility
You must be at least 18 years old and have the legal capacity to enter into a binding contract to book Services. Bookings for minors must be made and supervised by a parent or legal guardian who accepts these Terms on the minor's behalf and remains responsible for the minor throughout the trip.
3. Description of Services
BGX arranges golf travel experiences in and around Bogotá, Colombia, which may include: tee time reservations at partner golf clubs, ground transportation, bilingual guides/caddies, lodging referrals or bookings, meals, and related activities ("Packages"). Package inclusions, itineraries, pricing, and course selections are described on the Site or in your individual quote/invoice and may vary by date and availability.
Third-party suppliers. Golf clubs, hotels, restaurants, drivers, and other providers used to deliver your Package are independent third parties and are not employees, agents, or subsidiaries of BGX. BGX selects reputable suppliers but does not control their day-to-day operations, staff, or facilities, and is not liable for their acts, omissions, negligence, or the condition of their premises, except as expressly required by applicable law.
4. Bookings, Quotes, and Payment
● Quotes are valid for the period stated in your quote and are subject to availability at partner clubs, which can change without notice until a deposit is received.
● A binding booking is created only once BGX issues a written confirmation and the required deposit or full payment is received.
● Prices are quoted in [USD / COP — confirm currency policy] and are processed via our payment processor, Stripe. BGX does not store your full card number; card data is handled directly by Stripe under its own terms and security standards (PCI-DSS).
● You are responsible for any currency conversion fees, foreign transaction fees, or bank charges applied by your card issuer, since payment is processed by a Colombian merchant.
● All prices exclude, unless stated otherwise, international airfare, travel insurance, personal expenses, gratuities, and Colombian VAT/other taxes where applicable by law.
5. Cancellations, Changes, and Refunds
The cancellation tiers below are a **suggested default policy**. Confirm the exact windows and percentages with BGX management and your golf club/hotel partners before publishing, since supplier cancellation terms may be stricter than BGX's own policy and will flow through to the Guest.
● 30+ days before arrival: full refund of amounts paid, less any non-refundable deposit disclosed at booking.
● 15–29 days before arrival: 50% refund of amounts paid.
● 0–14 days before arrival, or no-show: no refund.
● Changes to dates, courses, or group size requested by the Guest are subject to availability and may incur a change fee plus any difference in supplier costs.
● If BGX cancels a confirmed booking (other than for Guest breach or force majeure), BGX will offer a full refund or, at the Guest's option, rebooking on comparable terms.
● Refunds are issued to the original payment method and may take 5–10 business days to appear, depending on your bank.
● We strongly recommend Guests purchase travel insurance covering trip cancellation, interruption, medical evacuation, and baggage, particularly given international travel to Colombia.
6. Guest Responsibilities
You are responsible for: (a) holding a valid passport and any visa required for your nationality to enter Colombia; (b) your own health, fitness, and medical suitability for golf and travel at high altitude (Bogotá sits at approximately 2,600 m / 8,530 ft above sea level, which can affect individuals with cardiac, respiratory, or other conditions — consult your physician before traveling if you have concerns); (c) complying with each golf club's dress code, pace-of-play rules, and staff instructions; and (d) your own belongings, clubs, and equipment.
7. Assumption of Risk and Release
Golf and travel activities carry inherent risks, including but not limited to physical injury, altitude-related illness, weather conditions, transportation risks, and risks associated with third-party facilities. To the maximum extent permitted by applicable law, by booking Services you acknowledge these risks and agree that BGX is not liable for injury, illness, loss, or damage arising from participation in the Services, except where caused by BGX's own gross negligence or willful misconduct. Nothing in this section limits liability that cannot be limited under applicable Colombian or US state consumer-protection law.
8. Reviews, Testimonials, and User Content
If you submit a review, testimonial, photo, or other content to us or tag us on social media, you grant BGX a non-exclusive, worldwide, royalty-free license to use, reproduce, and display that content for marketing purposes, unless you tell us otherwise in writing. Testimonials and endorsements published by BGX (including from creators or partners) reflect genuine, typical experiences and any material connection (such as a free trip or payment) will be clearly disclosed, consistent with FTC endorsement guidance. Do not submit content that is false, defamatory, infringing, or that you do not have the right to share.
9. Intellectual Property
All text, graphics, logos, photos, and other content on the Site are owned by or licensed to BGX and protected by copyright and trademark law. You may not copy, reproduce, distribute, or create derivative works from Site content for commercial purposes without our prior written consent.
10. Prohibited Uses
You agree not to: use the Site for any unlawful purpose; attempt to gain unauthorized access to our systems; interfere with the Site's operation; scrape or harvest data without permission; or impersonate any person or entity.
11. Accessibility
BGX is committed to making the Site usable by people with disabilities and aims to align with the Web Content Accessibility Guidelines (WCAG) 2.1, Level AA. If you experience difficulty accessing any part of the Site, please contact us at [accessibility email] so we can assist you and improve the Site.
12. Disclaimers
THE SITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, BGX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BGX'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO BGX FOR THE BOOKING GIVING RISE TO THE CLAIM. BGX WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. Some US states do not allow the exclusion or limitation of certain damages or implied warranties, so some of the above limitations may not apply to you, and you may have additional rights under your state's consumer-protection laws.
14. Indemnification
You agree to indemnify and hold BGX, its officers, employees, and partner suppliers harmless from claims, damages, and expenses (including reasonable attorneys' fees) arising from your breach of these Terms, your misuse of the Services, or your violation of any law or third-party right, except to the extent caused by BGX's own negligence.
15. Force Majeure
BGX is not liable for delay or failure to perform caused by events beyond its reasonable control, including natural disasters, extreme weather, strikes, civil unrest, government action, pandemics, or golf club closures.
16. Governing Law and Dispute Resolution
These Terms are governed by the laws of the Republic of Colombia, without regard to conflict-of-laws principles.
Informal resolution. Before filing a claim, you agree to first contact BGX at [legal/support email] and attempt in good faith to resolve the dispute informally for 30 days.
Arbitration. Any dispute, controversy, or claim arising out of or relating to these Terms, the Services, or the relationship between you and BGX that is not resolved informally will be finally settled by binding arbitration administered under the [Rules of the International Chamber of Commerce (ICC) / Colombian Chamber of Commerce Arbitration Center — confirm choice], seated in Bogotá, Colombia, conducted in English if you are a US-based Guest, before a single arbitrator. Judgment on the award may be entered in any court of competent jurisdiction.
Class action waiver. Disputes must be brought on an individual basis only, and not as a plaintiff or class member in any purported class, collective, or representative proceeding, to the extent enforceable under applicable law. Note: mandatory arbitration and class-action-waiver clauses are subject to increasing scrutiny and, in some cases, statutory limits under certain US state consumer-protection laws; this clause should be reviewed by US and Colombian counsel before publication, and you should confirm it is enforceable for your target Guest states.
Small claims carve-out. Either party may bring an individual claim in small claims court instead of arbitration, if the claim qualifies.
17. Seller of Travel Compliance Notice
_Operational flag, not just legal text:_ Several US states — California, Florida, Washington, and Hawaii — require businesses that sell travel services to their residents to register as a "Seller of Travel," and in some cases post a bond or maintain a trust account, regardless of where the selling company is located. Since BGX collects payment directly from US Guests, confirm with US counsel whether BGX needs to register in the states where your Guests reside before marketing or selling to residents of those states, and add the applicable registration/disclosure number here once obtained: [Seller of Travel Registration No., if applicable].
18. Changes to These Terms
We may update these Terms from time to time. The "Last updated" date above reflects the most recent revision. Continued use of the Site or Services after changes take effect constitutes acceptance of the revised Terms.
19. Severability and Entire Agreement
If any provision of these Terms is found unenforceable, the remaining provisions remain in full force. These Terms, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between you and BGX regarding the Site and Services.