GENERAL SALE TERMS AND CONDITIONS
OVERVIEW AND OBJECTIVE
The general conditions of use, sale and privacy policies presented here govern the use of the
website www.calalodge.com, hereafter referred to as “the Website” which Castro Inversiones
Primero de Diciembre, Sociedad Anónima, hereafter referred to as “THE COMPANY”, with
Corporate Identification number 3-101-670230 is owner of.
By means of the website www.calalodge.com, THE COMPANY provides information about
their products and offers the possibility of purchasing them. Due to the content and purpose of
the Website, each person who wants to benefit from the products must have the “Client” status
which is achieved by filling out the registration form and following the steps that THE
COMPANY informs the Client about. The Client status assumes that the person has adhered to
the version of Conditions of Use that is published on the Website at the time of use.
In any case, there are pages of the Website that are available to natural or legal persons that do
not register or begin a purchase of a product (hereafter “Users”). In this sense, the Users that
access these parts of the Website accept that they are subject to the terms and conditions that are
gathered in these General Conditions, to the extent that these can be applied to them.
THE COMPANY wants to make it known to their Clients and Users that they are addressing,
exclusively, an audience that is over 18 years of age.
CONTACT: For any type of question, inquiry, or suggestion, you can send your comments via
email to: info@calalodge.com
PRODUCT INFORMATION:
Cala Lodge offers lodging services in two categories or room types: Standard or Suite and the
rates are per room per night and all of them include breakfast. Cala Lodge is a rustic style hotel
that is adjacent to the Children’s Eternal Rainforest and more detailed information about services
and products available for purchase can be found on the Website. The descriptions of products
found on the Website are created based on the information provided by Castro Inversiones
Primero de Diciembre, S.A. However, the information given about each product, as well as the
photographs or videos of each one and the content on the web page of THE COMPANY, are
used on www.calalodge.com as reference and there is no guarantee that there will not be slight
differences between the photographs and the rooms. It is of the utmost importance that the client
is aware of the details of their purchase at all times.
PRICES
All the product prices that are shown on the Website do not include the sales tax. These prices do
not include expenses associated with tours, activities, food, or additional people or services that
the client wants to add to their stay.
AVAILABILITY
THE COMPANY informs the Client that the number of units that are available is kept up to date
with the existing units per day. In no case will THE COMPANY intentionally offer for purchase
more units than the ones available at the time. It’s important to emphasize that the reservation
system is dynamic and can be modified in minutes, including in the amount of time that a client
may take to process their reservation.
THE COMPANY will do everything possible to please all the Clients demands for products.
However, sometimes, and due to causes that are difficult for THE COMPANY to control, like
human mistakes or incidents in computer systems, it is possible that the number of rooms
available differs from the real inventory that THE COMPANY has to fulfill the Clients
reservations.
Assuming that the product is no longer available after fulfilling the purchase, the Client will be
informed by email of the total or partial annulment of the purchase. The partial annulment of a
reservation due to lack of availability does not give the right to the total annulment of the order
unless this is what the Client prefers. If due to this annulment the Client wants to be reimbursed
for the annulled product then he/she needs to follow the steps stipulated under the section of
client reimbursement.
PAYMENT
The Client commits to make the payment at the time that the order is placed. To the initial price
that is found on the Website for each of the products offered there will be an added fee
corresponding to the applicable taxes. In any case those fees will be communicated to the Client
prior to the formalization of the purchase.
The ticket or purchase confirmation that corresponds to the order of purchase will be available
and can be seen on www.calalodge.com under the section “My account”, “Reservations”.
The Client must pay the reservation amount through a credit or debit card (Visa, Mastercard,
Visa Electron and/or other analog cards) by means of PayPal and must comply with the specific
requirements that the PayPal payment type has.
The Client must notify THE COMPANY, via email or telephone, about any undue or fraudulent
fee taken from the card that was used for the purchase as soon as possible so that THE
COMPANY can handle it appropriately.
SECURITY
THE COMPANY has the highest possible security measures commercially available in the field.
RESERVATION FORMALIZATION
Once the reservation has been formalized, that is to say, with the acceptance of the Conditions of
Use and the confirmation of the purchase process, THE COMPANY will always send an email
to the Client confirming the details of the purchase.
CANCELLATION OF RESERVATIONS
THE COMPANY will accept cancelations of reservations with the following cancellation
policies: A cancellation made up to 15 days prior to the arrival of the guest to the hotel will not
have a penalty, a cancellation made between 15 and 3 days prior to the arrival to the hotel has a
penalty of 50%, a cancellation made 3 days or less prior to the arrival of the guest to the hotel
has a penalty of 100%. To complete a cancellation the client must request it via email to
info@calalodge.com. THE COMPANY reserves the right of admission at their own discretion as
well as the right to annul a reservation if the client does not adhere to the Conditions accepted at
the time of the purchase.
CLIENT REIMBURSEMENT
In the event of an annulled reservation by the company or a cancelled reservation by the client,
complying with the periods of no penalty or partial penalty, a reimbursement equal to the cost of
the reserved products will take place.
THE COMPANY will transact the refund order under the same system that was used to make the
payment within 5 days of the reimbursement confirmation. The reimbursement will be applied to
the Client’s account or card depending on the card and the issuing entity. The timeline for the
reimbursement being applied is up to 7 days for debit cards and up to 30 days for credit cards.
INTELLECTUAL AND INDUSTRIAL PROPERTY
THE COMPANY holds all rights to the content, design and source code of this web page and,
especially, including but not limited to, photographs, texts, logos, designs, brands, commercial
names and data that are included on the Website.
Users and Clients are warned that these rights are protected by the current Costa Rican and
international legislation related to intellectual and industrial property.
Likewise, and without prejudice to the former, the content of this Website are also considered an
informative program and therefore all the Costa Rican and international regulations on this
matter are also applicable.
The partial or total reproduction of this Website, or any of the content, is explicitly prohibited
without clear and written permission from THE COMPANY.
Also, any copy, reproduction, adaptation, modification, distribution, commercialization, public
communication and/or any other infraction of the current Spanish and/or international
regulations on intellectual and/or industrial property, as well as the use of the content of the
Website is totally prohibited unless there is clear and written authorization from THE
COMPANY.
THE COMPANY informs that it does not grant implicit license or authorization over the rights
of intellectual and/or industrial property or any other right or property related to, directly or
indirectly, the content included on the Website.
The only authorization given is the utilization of the content of the web domain with informative
use or for services, as long as the source has been cited and the user is the only one held
responsible for the wrongful use of the content.
LOGIN AND VISITS TO THE WEBSITE. OUR CONTENT
The Clients and Users are fully responsible for their conduct when they access, as they browse,
or after they have accessed the information on the Website.
As consequence of the former, Clients and Users are the only ones responsible before THE
COMPANY and third parties of:
1. The consequences that can derive from illicit use or use contrary to this document of any
content on this Website created or not by, or officially under the name of or not, THE
COMPANY.
2. As well as the consequences that can derive from use that is contrary to the content of this
document and wrongful of the interests or rights of third parties or that can damage, disable or
deteriorate the Website or its services or prevent the normal use by other Users.
THE COMPANY reserves the right to update the content when they consider it convenient as
well as eliminate, limit or prevent temporary or permanent access to it, as well as deny access to
the Website to Clients and Users that use the content wrongfully and/or violate the conditions
that are stated in this document.
THE COMPANY informs that it does not guarantee:
1. That the access to the Website and/or the Web links will be continuous and/or free of error.
2. That the content or software that the Clients and Users access through the Website or the Web
links will not have any error, computer virus, or other elements in its content that can cause
alterations to your system or your electronic documents and folders saved on your computer
system or that cause any other type of damage.
The information contained on this Web page should be considered by Clients and Users as
informative and guiding in relation to its purpose and its effects, which is why:
THE COMPANY does not guarantee precision of the information contained on this Website and
therefore does not take responsibility for possible damage or inconvenience to the Users if there
should be any inaccuracy contained on the Website.
OUR RESPONSIBILITY
THE COMPANY does not take responsibility for any including but not limited to:
1. The use that the Clients and Users may give to the content of this Website or Web links, being
prohibited or permitted, that are in violation of the rights of intellectual and/or industrial property
of content from the Website or third parties.
2. Of the possible damage or harm to the Clients or Users caused by normal or abnormal
functioning of the search tools, the organization or the location of the content and/or login to the
Website and, in general, of the errors or problems generated in the development or
instrumentation of the technical elements that the Website or program facilitates the User.
3. The content that the Clients or Users access on pages via links included on the Website,
whether they are authorized or not.
4. The actions or omissions of third parties regardless of whether these third parties may be
linked to THE COMPANY via a contract.
5. The access of minors to the content included on the Website, it being the responsibility of the
parents or tutors to, exert adequate control over their child or the minor’s activities, or to install a
control tool for the use of Internet with the purpose of preventing (i) access to materials or
content not suitable for minors, and (ii) the submission of personal information without their
parents’ or tutors’ authorization.
6. Communications or dialogues that occur in debates, forums, chats, and virtual communities
that are organized through or around the Website and/or Web links, and therefore will not
respond to the possible damage or harm that individual and/or collective Clients or Users may
suffer from these communications and/or dialogues.
THE COMPANY will not be held responsible when there are/is:
1. Errors or delays in the access to the Website by the Client at the time of filling out their data
into the order form, slowness or inability of the recipient to receive the confirmation of the
reservation, or any other anomaly that can arise when these are due to problems on the Internet,
causes with unforeseen consequences, and any other unforeseeable contingency that is not in
accordance with THE COMPANY’S good intention.
2. Failures or incidents that can occur in communications, deletion, or incomplete transmissions
and therefore there is no guarantee that the Website will be operating constantly.
3. Errors or damage caused to the Website by a User’s inefficient or malicious use.
4. Non-functionality or problems with the email that has been provided by the Client to receive
the reservation confirmation.
5. In any of these events, THE COMPANY commits to solving the problems that may arise and
to provide the Client with the assistance needed to arrive at a solution for the incident promptly
and successfully.
6. Also, THE COMPANY has the right to perform, during a defined period of time, promotional
campaigns to encourage the registry of new members to their service. THE COMPANY reserves
the right to modify the conditions of implementation of their promotions, extend them if they
communicate it appropriately, and proceed to exclude any participant in the promotion if they
have detected any anomaly, abuse or unethical behavior during their participation.
PRIVACY POLICY
The Clients and Users are committed to browse the Website and use the content in good faith
and we inform you that any existing form on the Website www.calalodge.com or the referral of
an email to any of our inboxes implies the acceptance of this privacy policy as well as the
authorization of THE COMPANY to use the personal information that has been given to it and
which will be incorporated into a file whose ownership is THE COMPANY.
The Client’s data shall be used to send via email the sales that have been made by THE
COMPANY.
For a simple visit to the Website the Users will not provide any personal information and will not
be obligated to do so.
THE COMPANY commits to keeping maximum confidentiality and privacy regarding the
information that has been provided and to utilize it only for the stated purposes.
THE COMPANY assumes that the information has been introduced by the holder or by another
person authorized by the holder as well as that it is correct and accurate.
It is the Client’s responsibility to update their information. At any time the Client has the right to
access, rectify, cancel and oppose all the personal information included in the different release
forms. To modify or update your personal information, the Client must access the section “My
Account” on the website www.calalodge.com
Therefore the Client is responsible for the truthfulness of the information and THE COMPANY
will not be held responsible for the inaccuracy of the Client’s personal information. In
accordance with the current legislation in the field of data protection, THE COMPANY has
adopted the security levels adequate for the information provided by the Client and, in addition,
has installed all the resources and measures within its reach to avoid the loss, wrongful use,
alteration, non-authorized access, and removal of the information.
NULLITY
In the event that any clause in the present Conditions of Use is declared null, the other clauses
shall remain valid and shall be interpreted taking into account the different parties wishes and the
main purpose of these Conditions of Use.
THE COMPANY will be able to not exercise a right or power conferred in this document and
this does not imply in any case the waiver of the document unless express recognition has been
made on behalf of THE COMPANY or prescription of the action that corresponds in each case.
MODIFICATION OF THE CONDITIONS OF USE
The company reserves the right to modify at any time the presentation and configuration of the
Website as well as the present General Conditions. Thus, THE COMPANY recommends that the
Client reads this document carefully every time that they access the Website. Clients and Users
will always have access to these Terms and Conditions in a visible place, freely accessible for
consultation if wanted. In any case, the acceptance of the Conditions of Use will be a previous
and essential step to the purchase of any product available through the Website.
APPLICABLE LAW AND ARBITRATION
The present Conditions of Use are governed by the Costa Rican legislature applicable to the
field. To resolve any controversy or conflict that derives from the present Conditions of Use all
parties are under the jurisdiction of the court in the city of San José, Costa Rica, unless the law
imposes another jurisdiction.