Mercadillos Mágicos

Terms and Conditions for the Purchase of Tourist Services on MiPropioViaje.com

Introduction

Mi Propio Viaje VTLATAM S.A.S. and Vásquez Andrade Vasán S.A.S. (hereinafter, “the Agency”) provides an online platform for the purchase of tourist services, including travel packages, airline tickets, hotel reservations,

excursions, and other related services. By using our services, the User agrees to these terms and conditions. By accessing or using this website, the User declares that he or she is of legal age (i.e.,

at least 18 years old) and that he or she is legally capable and authorized to be bound by this agreement and to use this website in accordance with the terms and conditions of use set forth herein.

We recommend that you read them carefully before making any purchase.

1.1. Definitions

User/Client: Person who uses the platform to quote or acquire tourist services.

Suppliers: Third party entities that offer the tourist services contracted through the Agency.

Services: Tourist products offered on the platform, including flights, accommodation, transportation and activities,

among others.

2. Scope of the Services

The Agency acts as an intermediary between the Client and the Suppliers. Therefore, the Agency is not

responsible for the direct provision of the contracted services.

3. Rights and Obligations of the Agency

3.1. Provision of Services: The Agency undertakes to provide clear and precise information about the

services offered through the website.

3.2. Access and Security: The Agency may, at its discretion, limit or restrict access to the website to ensure its security and proper functioning.

3.3. Modifications: The Agency reserves the right to modify, suspend or discontinue access and any aspect of the website, including the terms and conditions of use, notifying the User in advance through the established channels.

3.4. Traveler/Agency Assistance: Manage reservations made through the platform and assist the Client in the event of incidents related to the contract.

4. Contracting Process

4.1. Registration and Account: The Client must register on the platform by providing valid and accurate information.

4.2. Selection and Payment: The services are considered reserved once the Client completes the payment process and receives an electronic confirmation. In the case of reservations that allow free cancellation, the contracted service will be reserved according to the term that will be displayed at the time of booking. If

this reservation is not completed with the corresponding payment, it will automatically be removed from the system without the option to recover it.

4.3. Confirmation and Documentation: The supporting documents for the contracted service will only be issued when 100% of the total amount has been paid to the Client’s email. The Client is responsible for reviewing the details of their reservation and notifying any errors before using the services to the contact methods provided on the website or in clause 14 of this contract.

5. Exclusion of Warranties and Limitation of Liability

5.1. Content and Availability: All information on prices, products, features and any other information on the products and services offered through our website corresponds exclusively to the providers of said products and services. The Agency shall not be liable for outdated information, nor is it responsible for, nor does it have the possibility of verifying, the veracity, updating, precision or completeness of said information, since this is the responsibility of the provider of said service and the latter shall be liable to the user for compliance of the services offered with the obligations derived from current regulations and the terms and conditions of sale of each of the products and services contracted, excluding the Agency from any liability with respect to products or services that are not provided directly. In the event that, due to any existing regulations, or due to the policies and conditions of each of the suppliers or operators of the tourist products or services offered through our website, payments that the Client must make at the destination for taxes, fees, contributions, tips,

guarantees of use or any other item are included, the User hereby accepts them.

5.2. Responsibility of Suppliers: The Agency acts as an intermediary between the User and the Tourist Service Suppliers. Therefore, it is not responsible for the direct provision of the contracted services or for possible breaches by the Suppliers.

5.3. Damages and Losses: The Agency will not be responsible for damages, losses or injuries suffered during the use of the services Unless otherwise provided by law, it is recommended to purchase travel insurance for this purpose.

6. Cancellation and Refund Policies

6.1. Cancellation policies vary depending on the service and the Provider. These will be specified during the purchase process. Only reservations marked “Free Cancellation” will be eligible for a refund as long as they are within the time period for requesting such cancellation.

6.2. The Agency will apply an administrative charge of no less than 8% for the cancellation of reservations, in addition to the penalties established by the Providers.

6.3. Refunds will be processed within a period of at least 90 business days, according to the conditions of each Provider.

7. Client Responsibilities

7.1. Use of the Website: This website is solely and exclusively for the personal use of the User. Modification, reproduction, duplication, copying, distribution, sale, resale and other forms of exploitation, whether for commercial purposes or not, are prohibited without prior authorization.

7.2. Purpose of Use:

The User agrees not to use this website for illegal or prohibited purposes. In particular, the User agrees that the products or services acquired through the website will be for his/her own use or consumption or for the persons on whose behalf he/she is legally authorized to act. Likewise, the User will not resell products or services acquired through the website to other persons without prior authorization, except in the case of legally authorized Travel Agencies.

7.3. Confidentiality of Information: The User is responsible for treating confidentially and properly safeguarding the information provided by the Agency to access the website. This includes access credentials such as user names and passwords. (See our privacy policy for more information).

7.4. Financial Responsibility: The User agrees to be responsible for the financial consequences arising from any use of this website that occurs through the use of his/her information, whether by him/her or by third parties.

7.5. Accuracy of Information: The User declares that all information provided by him/her for access and use of the website is true, complete and accurate. He/she also agrees to keep said information up to date. The User agrees to verify the information provided during the purchase.

7.6. Responsibility for documentation and legislation: It is the User’s responsibility to have the necessary travel documents (passport, visas, vaccination certificates, etc.) for which he/she will verify said information in official immigration channels of the countries of origin, transit and destination to visit. The User must comply with the local regulations of the destination.

7.7. Withdrawal from the use of services: The User agrees to know that, when he/she contracts a service and for any reason he/she withdraws from its use, it will not be grounds for reimbursement or compensation in any way.

8. Disclaimer of Liability

The Agency shall not be liable for:

Errors, cancellations or non-compliance by Suppliers.

Changes in itineraries due to operational causes of suppliers or force majeure, including natural disasters, strikes, pandemics or political conflicts.

Damages, losses or injuries suffered during the use of the contracted services.

9. Modifications and Availability of Services

The services are subject to availability. The Agency reserves the right to make changes to them,

notifying the Client in reasonable advance.

10. Intellectual Property

All content on the platform, including texts, images, logos and designs, is protected by national and international intellectual property laws. Reproduction without prior authorization is prohibited.

11. Links to Other Websites

The Agency’s website may contain links to other websites not managed by us,

which are included for reference purposes only. The Agency does not exercise any control over such websites nor is it responsible for their content. The inclusion of links to other websites does not imply that the Agency promotes, endorses, guarantees or recommends them.

12. Dispute Resolution

Users agree to submit any dispute arising from their relationship with the Agency to an

Arbitration Court established in accordance with the rules of the Arbitration and Mediation Center of the Chamber of Commerce of Quito. The arbitration will be governed by the Arbitration and Mediation Law of Ecuador and the applicable regulations of the mentioned Arbitration Center. The parties agree to the following provisions: The arbitrators will be selected in accordance with the provisions of the Arbitration and Mediation Law and the regulations of the Arbitration and Mediation Center of the Chamber of Commerce of Quito.

The parties expressly waive ordinary jurisdiction, agree to abide by the arbitration award and will not

file appeals against it. The Arbitration Tribunal will have the power to request precautionary measures before competent authorities without having to go to an ordinary judge. The Tribunal will be composed of one (1) arbitrator if the amount of the dispute does not exceed the limits established by the regulations of the Arbitration Center, or by three (3) arbitrators if the amount warrants it according to said regulations. The arbitration procedure will be confidential.

The place of arbitration will be at the facilities of the Arbitration and Mediation Center of the Chamber of Commerce of Quito. The arbitrators will decide on the law in accordance with Ecuadorian legislation.

13. Privacy Policy

The Agency is committed to protecting the privacy and personal data of its Users/Clients. This privacy policy describes how we collect, use, protect and share information provided by Users who use our services and website, in compliance with applicable legislation in the Republic of Ecuador, including the Organic Law on Personal Data Protection.

13.1. Information We Collect

13.1.1. Personal Information: We collect personal information that the User provides directly when registering on our website, making reservations or contacting us. This includes, but is not limited to:

Full name.

Identification number (ID, RUC or passport).

Contact information (email, phone, address).

Payment information (credit card number or banking information).

13.1.2. Non-Personal Information: We may also collect information automatically, such as:

User’s IP address.

Browser and device type.

Data about website navigation and use.

13.2. Purpose of Data Processing

We use the information collected to:

Process reservations and manage the requested services.

Send confirmations, updates and reminders related to reservations.

Provide customer service and technical support.

Conduct market research and statistical analysis to improve our services.

Comply with applicable legal and regulatory obligations.

13.3. User Consent

By providing their personal data and using our services, the User gives their express consent to the processing of their data in accordance with this privacy policy. The User may revoke their consent at any time, subject to legal and contractual limitations.

13.4. Data Retention

We will retain the User’s personal information for as long as necessary to fulfill the purposes set out in this policy, unless the law provides for a longer retention period.

13.5. Data Security We implement appropriate technical and organizational measures to protect personal information from unauthorized access, loss, destruction or alteration. However, we cannot guarantee the absolute security of data transmitted over the Internet.

13.6. Sharing of Information

We may share the User’s personal information with:

Tourist service providers necessary for the execution of reservations (for example, airlines, hotels, tour operators).

Government or judicial authorities, when required by law.

Affiliated companies or third parties acting as data processors, under strict confidentiality and security obligations.

13.7. User Rights

The User has the right to:

Access his/her personal data.

Request the rectification of inaccurate or incomplete data.

Request the deletion of his/her data, except when there is a legal obligation to retain it.

Oppose the processing of his/her data for certain purposes.

Request the portability of his/her data to another service provider.

To exercise these rights, the User may send a request to our official email,

attaching a copy of his/her identity document.

13.8. Use of Cookies

Our website uses cookies

to improve the User experience, analyze browsing patterns and

offer personalized content. The User can manage cookie settings

through his/her browser.

13.9. Links to Third Party Sites

Our website may contain links to third party websites. We are not responsible for the privacy

practices or the content of such sites.

13.10. Changes to the Privacy Policy.

We reserve the right to modify this privacy policy at any time. Any changes

will be notified through our website and will take effect from its publication.

14. Contact

For inquiries or requests concerns, please contact us at:

Email: soporte@mipropioviaje.com

Phone: +593 999775429

15. Acceptance of Terms and Conditions

By using mipropioviaje.com, the Client declares that he/she has read, understood and accepted these terms and

conditions.