Binding and Acceptance of Terms and Conditions
Through this document, ALIANZA EXPLORA SAS establishes the terms and conditions of operation of the ALKISOFT web platform and determines how the user relates to it and the services offered therein. The sole use of the platform or the services it makes available, any of them, is considered an express acceptance of each of the clauses below; if you do not agree with the use granted or the service offered, please refrain from using the platform or requesting the provision of the services it offers.
the author's patrimonial rights derived from the ALKISOFT platform (software) and is the one who, through his team, is in charge of managing each of the services offered through it. If there is any problem with the use of the platform or you want to make a suggestion, please send an email to email@example.com
Responsible for providing the service
ALIANZA EXPLORA SAS, a commercial company domiciled in the city of Bucaramanga, department of Santander in the Republic of Colombia, identified with NIT No. 900.987.559-5, hereinafter THE COMPANY, is the owner of the copyrights derived from the platform (software) ALKISOFT and is who through his team is responsible for managing each of the services offered through it. In case of any inconvenience with the use of the platform or if you wish to make a suggestion, please send an email to firstname.lastname@example.org
The definitions consist of terms and/or expressions to which the user may be exposed when using the COMPANY platform, if the expressions defined here have another meaning in the language or according to the context in which they are used, for the purposes of these terms and conditions will be treated as defined below:
- Platform: Set of software tools that make up the ALKISOFT tool and that allow access to the services offered by the COMPANY.
- Visitor: Any person who accesses the public space of the site https://www.alkilautos.com and has not made a vehicle reservation request process.
- User: Site visitor who decides to request the reservation of a vehicle and meets the following requirements:
- Be at least twenty-one (21) years of age (or as required by the rental company) at the time of making the vehicle reservation request.
- Have a valid driver's license that allows you to drive vehicles in the place where you wish to rent.
- The driver's license must be at least twelve (12) and/or up to twenty-four (24) months old.
- To have a valid citizenship card, passport and/or international identification document.}
- To have a valid credit card in one's own name. For the effects of this paragraph, only VISA, MASTERCARD, AMERICAN EXPRESS and/or DINERS CLUB INTERNATIONAL franchise cards that can be used to make purchases and payments in the Colombian territory and/or abroad will be accepted. The credit card must have a sufficient credit limit to authorize a cash deposit or security guarantee on it.
- Rental Company: Legal entity that, using the COMPANY as an intermediary, makes available to users a series of its own vehicles for rental and/or leasing.
- Intermediary: Person who facilitates the contact between a user and a car rental company so that the latter may lease a vehicle to the former. The COMPANY is considered a mere intermediary for all purposes of these terms and conditions. The intermediary assumes exclusively the obligations and responsibilities imposed by these terms and conditions and those that by operation of law correspond to it because it cannot agree against them.
- Driver: The person who at the time of signing a contract with the rental company is designated to drive the rented vehicle. The driver may or may not coincide with the user of the platform and will be defined directly with the rental company. The driver must comply with the requirements established in these terms to be a user and with all those determined by the rental company in its vehicle leasing contract. You may consult the rental conditions of each rental company through the website https://www.alkilautos.com, make sure to do so before requesting the reservation of a vehicle to avoid inconveniences.
- Additional driver: The person who at the time of signing a contract with the rental company is designated to drive the rented vehicle when it is not being driven by the driver. The additional driver must comply with the requirements established in these terms to be a user and with all those determined by the rental company in its vehicle rental contract. Each rental company may charge an additional fee for the additional driver. You can check the rental conditions of each rental company through the website https://www.alkilautos.com , make sure to do so before requesting the reservation of a car to avoid inconveniences.
- Driver's license: National or international document that entitles a person to drive a vehicle in the Colombian territory and/or in the country where the vehicle is picked up.
Additional services: Among the additional services that may be required by the user are the request of global positioning devices "GPS", baby seat to transport a baby on board the rented vehicle and others that are offered through the platform. It is possible that: i) not all rental companies offer additional services and ii) that each rental company charges an additional value for each additional service requested.
- Driving area: Territory within which the rented vehicle may be used, as long as it is within the Colombian territory or country where the vehicle is picked up. Everything will be governed according to the policies of each rental company providing the service.
- Voucher: Refers to the voucher or receipt that incorporates the authorization to make an economic charge to a credit card.
- Lessor: Rental company that has entered into a vehicle leasing contract with a user of the platform.
- Lessee: User who has signed a vehicle lease contract with a rental company thanks to the reservation requested through the platform.
- Non-presential sale: A means used by THE COMPANY to make the sale of its services without requiring the physical presence of the user, through payment processing tools.
- Fortuitous event or force majeure: In terms of Article 64 of the Colombian Civil Code, subrogated by Article 1 of Law 95 of 1890, "It is called force majeure or fortuitous event the unforeseen event that is not possible to resist" such as earthquake, natural disaster, military action, terrorist act, closure of airports and others related or not that prevent the user from accessing the service offered.
- Regulations in force: Refers to the set of regulations in force in the Republic of Colombia.
Purpose of the ALKISOFT platform
The purpose of the ALKISOFT platform is the systematization, organization and cataloging of vehicles through a system that works through the Internet and allows visitors to the website https://www.alkilautos.com to request the reservation of vehicles for rental and use within the territory of the Republic of Colombia or the country where the rental service is offered.
The vehicles that can be reserved for rental through the platform may be owned by the COMPANY or by other companies dedicated to the rental of vehicles that have decided to use ALKISOFT as a means of promoting their business.
The COMPANY makes available to the public a platform called ALKISOFT, which can be accessed through the site https://www.alkilautos.com and through which its users can carry out the process of requesting the reservation of vehicles for leasing for days, weeks or months, in different parts of the national territory. The platform works through a system that allows its users to choose between different types of vehicles available for rental, each vehicle offered has a series of aesthetic, functional and automotive features that aim to meet the needs of different types of potential customers. If you are interested in learning more about the services provided by the platform or in resolving any questions regarding its operation, please contact us at email@example.com so we can be pleased to assist you.
Services not offered.
The ALKISOFT platform, which can be accessed through the site https://www.alkilautos.com , does not offer the following services:
- The purchase and sale of vehicles.
- The rental of vans, buses, trucks, dump trucks, tractor-trucks, motorcycles and others that are not offered and/or advertised expressly on the platform.
- Personnel transportation services.
- The teaching of driving or driving lessons.
- Repair or beautification of vehicles.
- The sale of fuel and other fluids for vehicles.
- The service of public or private parking.
- The reservation for rental of vehicles for terms of less than twenty-four (24) hours.
- Others not expressly included in these terms and conditions.
Under no circumstances may it be understood that the use of the platform and/or the page https://www.alkilautos.com implies the provision or receipt of a service other than the one defined in these terms and conditions.
If you are interested in learning more about the services provided by the "ALKISOFT" platform or in resolving any questions regarding its operation, please write to firstname.lastname@example.org so we can be pleased to assist you.
In order to provide the services offered by the "ALKISOFT" platform in a personalized way, the COMPANY offers the possibility of creating an account, which provides the following benefits to users:
- The registration of your contact and identification data to avoid having to re-fill out web forms with your personal information every time you request a reservation.
- The generation of a history of current and past reservation requests.
Whoever registers on the platform, guarantees under his own responsibility the accuracy of the information provided, which exempts the COMPANY from the consequences and damages that inaccuracies in the same may generate themselves or third parties.
The user name and password are personal and non-transferable, these are assigned solely and exclusively to the user, which is responsible to the COMPANY and third parties for the use of the account.
The COMPANY cannot be responsible for corroborating the exact identity of those who register on the platform as users and assumes in good faith that whoever enters personal data does so on their own behalf and not by usurpation of the identity of a third party; however the COMPANY will try by the means at its disposal to verify the identity of those who have registered.
On the other hand, it is possible that a user makes the creation of your account on the platform by linking their access data from a social network such as Facebook or LinkedIn. In this case, the user account will be accessed using the login credentials of the social network account that the user has linked to the platform.
The creation of an account is not a mandatory requirement to become a user of the platform.
In case of irregularities in the use of the account, loss or improper access to it, the user agrees to immediately notify the COMPANY by sending an email to the address email@example.com in which urgent technical support is requested.
Obligations assumed by the COMPANY.
The COMPANY assumes the responsibility to ensure that the platform provides the minimum required performance so that its users can use it as proposed in the statement of services offered.
- Ensure that the ALKISOFT platform is available at all times so that users can access to make the reservation of rental vehicles.
- Intermediating with the rental companies that have registered on the platform, the reservation of vehicles in accordance with the requirements made by users. The COMPANY is not obliged to guarantee the rental of the vehicle since it depends on the availability of the rental company for the date and time required by the user and the acceptance of the latter of the established rental terms.
- Maintain an updated and accurate list of the vehicles offered by each of the rental companies for reservation and subsequent rental.
- To provide the support service for the use of the platform to users through the e-mail firstname.lastname@example.org.
- Maintain absolute confidentiality of the information obtained from the user at the time of providing the service.
- Provide the security measures deemed necessary to ensure that the platform and the databases connected to it have the minimum conditions required to prevent unauthorized access, data loss, malfunctions, disclosure of confidential information and other related. In any case, we recommend that you carefully read the section on Risks arising from the use of the ALKISOFT platform.
- Provide the service offered through the platform in accordance with these "GENERAL TERMS AND CONDITIONS OF OPERATION OF THE ALKISOFT PLATFORM".
Obligations not assumed by the COMPANY.
The COMPANY in its capacity as intermediary for the leasing of vehicles, is not obliged to:
- To guarantee by itself the leasing of a specific vehicle. The vehicle rental procedure is subject to the availability confirmed to the user after making the reservation request. The confirmation of availability will be sent to the user by the COMPANY to the registered email within forty-eight (48) hours. Next to each vehicle offered for reservation, the rental company of the vehicle will be indicated, as well as the legal conditions of the leasing of the chosen vehicle, which may vary according to the company that provides it. You can also check the leasing conditions of each rental company through the website https://www.alkilautos.com, be sure to do so before requesting the reservation of a vehicle to avoid inconveniences. You can know which is the car rental company you have requested to reserve at the moment you choose it, since the system will show it directly to you.
Given that the COMPANY normally acts as an intermediary of several vehicle rental companies and not directly as a lessee, the COMPANY is not directly obligated to provide the vehicles and much less is it responsible for the non supply of the same, unless the vehicle chosen by the user indicates that it will be provided directly by "ALKISOFT". In the event that the COMPANY acts as supplier of the vehicle, the liability of the same with respect to the rental shall be limited to the provisions of the lease contract signed between the COMPANY and the lessee at the time of delivery of the vehicle. The legal relationship arising from the lease of the vehicle is governed by the terms agreed between each lessee and the lessor and not by these terms and conditions. The service provided by the COMPANY ends at the moment you are informed that the requested vehicle has been reserved with a certain rental company or when you are notified that the reservation has not been made due to lack of availability of the requested vehicle.
- To be directly responsible for damages, damages and others that may occur in the vehicles rented by users and that were reserved through the platform.
- Be responsible for accidents suffered by users when using the vehicles that were reserved through the platform.
- Assume compensation for damages of moral and/or patrimonial content suffered by the user and/or third parties at the time of using the vehicles that were reserved through the platform.
- Assume compensation for damages of moral and/or patrimonial content caused by the user to third parties at the time of using the vehicles that were reserved through the platform.
- Assume compensation for damages of moral and/or patrimonial content caused to the user by a car rental company with the non-delivery of the vehicle that has been reserved by the user through the platform and/or with the delivery of one that does not meet the standards of quality, safety, performance and other related.
- Provide roadside assistance or relief service to the user with respect to the vehicles that have been reserved through the platform.
- Process the service of requests, complaints and claims for the service provided by a car rental company. Since the rental service is provided directly by a rental company and not by the COMPANY, the rental company will be responsible for providing support and response for the services it has provided or committed to provide directly.
- Provide services that have not been directly defined in these "GENERAL TERMS AND CONDITIONS OF OPERATION OF THE ALKISOFT PLATFORM" or in a written document containing clear, express and enforceable obligations assumed directly by the COMPANY through its legal representative.
Rights of platform users.
Users have the following rights:
- Use the platform to request the reservation of vehicles for lease and use in the Colombian territory for periods corresponding to days, weeks or months in accordance with the provisions of these "GENERAL TERMS AND CONDITIONS OF OPERATION OF THE ALKISOFT PLATFORM".
- That once the procedure established in the platform is completed, the COMPANY proceeds to require the chosen rental company to make a reservation on behalf of the user for a vehicle that corresponds to the capacity, features, brand and line that he/she has requested through the platform or one of equivalent conditions. The above, in accordance with the section on risk mitigation measures deployed by the COMPANY.
However, it is possible that once the reservation is made, the rental company refrains from providing the reserved vehicle and/or from signing the lease contract of the same due to the fact that at the time of delivery it is evidenced that the user does not meet the requirements set forth in these terms and conditions or in those that determine the lease conditions that the rental company requires. The terms under which each COMPANY linked to the platform leases a vehicle can be consulted on the website https://www.alkilautos.com , be sure to do so before requesting the reservation of a vehicle to avoid inconveniences. You can know which is the rental company of the vehicle you have requested to reserve at the moment you choose it, since the system will show it directly to you.
- Request additional services to the vehicle reservation, as long as the chosen rental company offers them.
- To request the modification and/or cancellation of the reservation for the rental of a vehicle. Requests for modification and/or cancellation of the reservation may be made up to twenty-four (24) hours prior to the time the user has requested the vehicle to be delivered. If the cancellation request is made within the indicated time, it will not generate any cost except if the transaction is made by Debit Card in the territory of the Republic of Colombia which will incur commission costs ranging up to 4%, if it is made outside the established time the user may be exposed to the penalties set forth in these terms and conditions. If the request for modification is made within the time indicated, the price of the service will be re-settled depending on the changes that have been requested. When the modification request is made outside the terms indicated above, the user may be exposed to the penalties set forth in these terms and conditions. Reservations made with promotional, special or reduced rates, as indicated by The COMPANY, may not be cancelled and/or modified and therefore, shall not be subject to reimbursement.
- As provided in Decree 587 of 2016 and Article 51 of Law 1480 of 2011, Consumer Statute, the user as a consumer, has the right to request the reversal of payment in those sales made through electronic mechanisms, provided that consumer is subject to fraud, or corresponds to an unsolicited transaction, or the product purchased is not received, or the product delivered does not correspond to what was requested or is defective. Notwithstanding the foregoing, THE COMPANY acts as an intermediary of several car rental companies and not directly as a lessee and therefore, complaints to proceed with the reversal of payment for the car rental service must be submitted directly to the car rental companies, unless THE COMPANY is renting vehicles directly to the user.
- Contact THE COMPANY by e-mail at email@example.com or by telephone at 1 - 5085888 in Bogota D.C. Colombia to make your requests known, to inform about your complaints, and to request the reversal of the payment for the vehicle rental service. Colombia to make known their requests, complaints, suggestions and claims. The COMPANY will attend your requests, complaints, suggestions and claims from Monday to Friday from 7:00am to 7:00pm from Monday to Friday, the response time will be the maximum allowed by law. In any case, the COMPANY undertakes to try to respond to your concerns in a reasonable and timely manner. The technical support service of the platform is provided during the aforementioned hours. In the event that the request, complaint or claim is directly related to the circumstances arising from the lease of the vehicle and not with the intermediation made to obtain the lease of the vehicle, the COMPANY staff will immediately indicate the user the contact numbers of the rental company and how to make your claim to that company as responsible for the lease. The COMPANY is not responsible for the fulfillment of the leasing contracts entered into with the rental companies and is not obliged to provide support regarding legal, economic, mechanical and any other type of inconveniences that may arise with them or their vehicles. The COMPANY in its capacity as intermediary is only responsible for the obligations set forth in these terms and conditions and those that by operation of law correspond to it for not being able to agree against them.
- Make comments through the website https://www.alkilautos.com in which you point out your experience when requesting a reservation through the platform and regarding the conditions under which the rental was given with a particular rental company. In any case, the COMPANY reserves the right to moderate and/or delete comments that it considers contain inappropriate language. Likewise, the COMPANY reserves the right to delete comments made after a reasonable time or when it determines unilaterally disable the comments module within the platform. Under no circumstances shall it be understood or may it be implied that user comments represent the position of the COMPANY.
- Others that the law grants specifically for this type of legal business.
Obligations of ALKISOFT platform users.
Users have the following obligations:
- Make the reservation of a vehicle only when they meet all the conditions to be a user.
- Provide truthful and verifiable information at the time of booking a vehicle through the ALKISOFT platform.
- Pick up the reserved vehicle at the place chosen on the platform and on the date and time established. In case the vehicle is picked up at a different time than the one chosen, the client must assume the costs that the delay or anticipation represents.
- To sign the vehicle rental contract directly with the rental company and comply with the obligations agreed with them.
- Return the reserved and subsequently rented vehicle at the place, date and time indicated at the time of reservation and under the conditions agreed with the rental company. If the user returns the vehicle at the established place but at an earlier date and time than agreed, he/she will not be reimbursed the money paid in advance or the price due to the early return will be waived. The contract is understood to be for a fixed term, which both parties are obliged to respect.
- Pay the rate established in the platform at the moment of the reservation request.
- To be responsible for the costs, expenses and others that are established in the vehicle rental contract. Among others, the lessee will typically be required to pay fines, photo-fines, penalties, immobilizations and others imposed by traffic authorities against the vehicle. Likewise, it is possible that the rental company may require the renter to make a deposit in cash as a guarantee or the subscription of securities, vouchers and others, which the renter is obliged to make and/or sign at the time of making the reservation request.
- Respect the driving area established at the time of making the reservation request and/or signing the vehicle lease contract.
- Verify if at the moment of making the lease contract you receive the vehicle with some type of insurance and the conditions of operation and coverage of the same. It is likely that the insurance coverage service will have an additional cost that will be informed by the rental company at the time.
- Provide in a timely manner the information required for the completion of the reservation of the chosen vehicle to the rental company.
- Use the ALKISOFT platform according to the guidelines provided by the company.
- Make requests for technical support through the e-mail firstname.lastname@example.org or through the telephone line indicated by the COMPANY.
- Maintain complete privacy and security of the access data to the platform, thus preventing third parties from accessing it and making requests on their behalf.
- Permanently consult the text of Terms and Conditions of the ALKISOFT Platform to know the changes that occur in it.
- Comply with the rules set forth in these "GENERAL TERMS AND CONDITIONS OF OPERATION OF THE ALKISOFT PLATFORM" and those that are added at the time that they are updated.
- The others that the law provides by virtue of the legal relationship that is presented here.
Users are especially prohibited:
- Use the ALKISOFT platform for the purpose of generating congestion, chaos or any other that may threaten the assets and / or stability of the Company, one or more rental companies.
- Use the ALKISOFT platform for the purpose of perpetrating a criminal act or contrary to current legislation.
- Use the data or personal and financial information of a third party for the purpose of making a reservation request and/or car rental in the name of that person or in your own name.
- Sell, share, copy, redistribute, resell, transfer, license and in general perform any act of exploitation or disposal of the rights on the ALKISOFT platform, without having previously obtained express written authorization from the COMPANY.
- Reverse engineer the platform with the purpose of accessing its source code, except in cases where the current regulations expressly allow it and, even so, without being able to use the information accessed to make copies, derivative works or applications that may or may not affect the security of the platform.
- Use the distinctive signs of the COMPANY and in general, the corporate image of ALKISOFT without obtaining prior express written authorization from their owners.
- Perform any type of activity, maneuver or action that achieves or has the effect of undermining the stability of the ALKISOFT platform.
Breach of obligations and special prohibitions.
In the event that any user fails to comply with the obligations arising from the use of the ALKISOFT platform or incurs in any of the special prohibitions, the COMPANY may choose to carry out one or more of the following actions:
- Cancel the user service account for the ALKISOFT platform and as a consequence prohibit the use of the platform permanently.
- Delete permanently and permanently all information entered on the platform that contravenes the rules set out in these terms and conditions.
- Initiate civil, criminal and administrative actions that apply when, in the opinion of the COMPANY, the infringement of the terms and conditions provided in this document so warrants.
When any of the following situations arise, failure to comply with the user's obligations will result in the collection of the following penalties:
In the event that a user requests the cancellation of the service with less than twenty-four hours (24hrs) to the delivery of the vehicle or does so at the time of pick-up for reasons not attributable to the rental company and/or the COMPANY, he/she will be obliged to pay as a penalty an amount equal to the value of one (1) day's rental of the vehicle initially reserved and together with the payment the cancellation of the reservation will be made.
Reservations made with promotional, special or reduced rates, where it is indicated "No Refund" as indicated by The COMPANY, may not be cancelled and therefore, shall not be subject to reimbursement.
In the event that a user requests the modification of the conditions of the vehicle reservation with less than twenty-four hours (24hrs) for the delivery of the vehicle or at the time of pick-up, the user will be obliged to pay a penalty equal to the value of one (1) day's rental of the vehicle initially reserved and together with the payment, the modification of the reservation will be made if it is feasible due to availability. If there is no availability, the user will choose between keeping the reservation as it is without paying the penalty or may request the final cancellation by paying a penalty equal to the aforementioned.
In case the user does not show up to pick up the reserved vehicle due to the occurrence of an act of God or force majeure that prevents under any circumstances the user from picking up the vehicle, the company will reimburse the user's money.
In the event that a user under the age of twenty-one (21) makes a reservation for a vehicle, which is expressly prohibited in these terms and conditions, he/she will be obliged to pay a penalty equal to the value of one (1) day's rental of the vehicle initially reserved and the reservation will be considered cancelled without the rental company delivering the vehicle.
In the event that a user who is reported in the Clinton list or a similar list that identifies persons related to money from drug trafficking, terrorism, subversion, etc., makes the reservation of a vehicle, such user shall not be entitled to the provision of the service and will be returned the totality of his money, annulling all pre-contractual, contractual or any other type of link that may exist or may have come to exist.
In the event that a user makes a reservation for a vehicle and at the time of claiming it before the rental company does not have a credit card with an available credit limit equal to that necessary to provide a security guarantee (see section 3, paragraph d.), the rental company will refrain from signing the vehicle rental contract and the user will be obliged to pay a sum equal to one (1) day's rental which will be deducted from the amount previously paid as a penalty. The money paid in excess will be returned by the platform within the following twenty (20) working days.
The aforementioned penalties seek to repair the damages for the damages that are estimated to be caused by the non-compliance of the obligations or the incursion in one of the prohibitions by the user and will apply without prejudice to the COMPANY´s power to waive these penalties to prove higher damages than those provided herein.
The non-immediate application of any of the sanctions provided for in this section does not mean that the COMPANY waives its right to sanction misconduct within the ALKISOFT platform and / or the power granted by law to initiate appropriate legal action to protect its integrity and / or its property.
Rights of the COMPANY.
The COMPANY has the following rights:
- Modify the ALKISOFT platform as deemed appropriate for the development of service delivery and its business plan.
- Determine the hours of service to the user.
- Contact the user to inform him of circumstances affecting the provision of the service, the existing legal relationship, the existence of debts for the provision of the service, the implementation of changes in the platform and all others that apply. In case this communication takes place, the COMPANY is authorized to keep a digital and/or analogical report of the response obtained from the user and the conversation held for evidentiary purposes.
- Terminate its legal relationship with the user and / or suspend the provision of the service through the ALKISOFT platform in case of non-payment or breach of its obligations.
- Impose on the user the penalties set forth in the section entitled Failure to comply with obligations and special prohibitions.
- Others provided by law for this type of legal business.
Costs for the use of the ALKISOFT platform.
ALKISOFT is a payment platform whose purpose is the systematization, organization and cataloging of vehicles through a system that works through the Internet and allows visitors to the website https://www.alkilautos.com to request the reservation of vehicles for rental and use within the territory of the Republic of Colombia or country where the service is offered.
The COMPANY uses three (3) ways to charge for the services offered through the platform:
- Total prepayment of the operation: Under this modality, the user who makes the reservation request must proceed to the immediate payment of the reservation services and even the rental that has been requested. The payment must be made through the means of payment offered by the COMPANY to the user at the time of processing the reservation.
- Partial prepayment of the reservation cost: Under this modality, the user makes the payment of a portion that corresponds exclusively to the vehicle reservation request service and is obliged to pay the rest of the value (the rental value) to the rental company at the moment of receiving the vehicle or when the company requires it for the payment.
- Payment at Destination: Refers to the method of payment by which the user makes the payment at the time of taking the service from the rental companies, either at the time of starting or at the end of the service.
The choice of one of the three (3) above payment methods, corresponds exclusively to the COMPANY and depends directly on the agreements it has made with the rental companies that have been linked to the platform. It could be that sometimes the COMPANY gives you to choose between the three (3) options, between (2) two of them or simply tell the user which is the form of payment chosen for your request, this depends as mentioned above of the agreements reached with the rental companies.
The value of the reservation and rental of each vehicle depends on different variables, among which are the territory where the vehicle will be picked up and delivered, the number of days it is reserved, the extra hours, the range, line, model, type of bodywork and others that distinguish the chosen vehicle, the accessories that are requested as equipment of the reserved vehicle, the additional services and others that at the consideration of the COMPANY and/or each rental company may affect the price. You can check the total value of the rental with the reservation included before requesting the service through the website https://www.alkilautos.com . The values shown on the platform already include taxes for services provided in the Republic of Colombia, for services abroad, the user will be informed if the rate includes taxes or not.
When the platform presents the rental value in a currency different from the Colombian peso due to the origin of the user, it is possible that at the time the prices are charged to the credit card the rental amount may vary due to the exchange rate from foreign currency to local currency. For the purpose of charging for services priced in foreign currency, it shall be understood that the invoice shall be issued based on a value equal to that resulting from multiplying the value in foreign currency by the value of the exchange rate of such currency against the peso on the day on which the user is effectively confirmed that the reservation has been made.
Additionally, it is possible that given certain circumstances you may incur in the payment of additional amounts to those established at the time of booking, such situation may arise in cases such as the following:
- You request additional services to those requested at the time of the vehicle reservation request.
- After having made the reservation, you request that the rented vehicle be received at a different place than the one where it was delivered.
- You show up to receive the vehicle at a different time than the one agreed at the time of the reservation request. If you show up to receive the vehicle outside the schedule established at the time of making the reservation request, due to delays in your flight itineraries, you must also pay the additional charges that apply for late delivery attributable to the user. The COMPANY does not assume responsibility for delays in flights and other related, that is a risk that corresponds to assume the user and therefore should be considered at the time of deciding to use our services.
- You show up to deliver the vehicle outside the schedule established at the time of booking.
- The others that are established in these terms and conditions and/or in the leasing contracts signed by the user with each rental company.
The additional costs are defined in the lease agreements signed by the user with the rental company, in these terms and conditions and in other legal documents that are presented to the user for acceptance.
If you have any questions regarding the costs and payment functions of the ALKISOFT platform or are interested in resolving any concerns regarding its general operation, please write to email@example.com so we can be pleased to assist you.
Risks derived from the use of the ALKISOFT platform.
- For the provision of the service..
Taking into account that the ALKISOFT platform works under an intermediation modality for the rental of vehicles, it could happen that despite the large number of vehicles that we have available for booking through the different rental companies, at the time the user enters the platform, it does not allow you to rent the vehicle you want.
Similarly, it is possible that the user requests the reservation of a vehicle and the same turns out to be unavailable after completing the entire procedure indicated by the platform. In this regard, it should be noted that in accordance with these terms and conditions, the requested vehicle is not reserved until the user receives confirmation from the COMPANY within forty-eight (48) hours after the requested vehicle has been reserved. The user is not entitled to consider the vehicle reserved until he/she receives the confirmation from the COMPANY. Likewise, it could happen that in very specific cases, once the reservation is guaranteed, the user shows up at the rental company and the vehicle is not available due to speeding, untimely car repair, accident or other related issues.
Finally, taking into account that this is a technological platform, it is possible that the COMPANY may sometimes disable access to it in a controlled and temporary manner with or without prior notification to users for maintenance or updating work.
- For information and equipment through which the platform is accessed.
Computer equipment, computer programs and telecommunications networks are prone to damage or breakdown caused by constant use, lack of maintenance, electrical risk, the actions of unscrupulous persons, signal losses that are directly attributable to Internet service providers and others that may cause catastrophic failures in the use of the platform, content generation, information exchange and / or storage.
The COMPANY assumes no responsibility for the loss of information arising from: i) communications problems due to the user's data provider, ii) unauthorized access by third parties to the user's accounts when the user loses his access credentials or allows third parties to know them and iii) other reasons related to the above or that without having any relation to the above, occur as a result of misuse, irresponsibility of users or arising from acts of God, force majeure, exclusive fault of the victim or the action of a third party.
- For the integrity of people who rent or use a vehicle.
The use and operation of motor vehicles such as those that can be reserved through the platform is a high-risk activity that requires certain levels of competence, skill, attention, vigilance, ability and others; the use of a vehicle without the minimum capacity and knowledge of its operation and traffic regulations may result in the death of the driver, passengers and even third parties who are outside the vehicle.
In case you have doubts about the implicit risks derived from the use of the ALKISOFT platform, please send an email to firstname.lastname@example.org and we will gladly assist you.
If you are not willing to take the necessary preventive measures and directly assume the risks presented to you, we ask you to refrain from using the ALKISOFT platform.
Risk mitigation measures deployed by the COMPANY.
- Regarding the risks derived from the provision of the service.
The COMPANY constantly tests the service offered through the ALKISOFT platform to ensure its availability and reliability.
Likewise, the COMPANY is in constant communication with the rental companies to establish the availability of their vehicles and once it receives the reservation request, it initiates the process with the rental company that owns the chosen vehicle to ensure that it is assigned to the user. In any case, it is possible that at the time of processing the reservation of the vehicle to the rental company, the car is already rented, in this case we will proceed to assign for the same time a vehicle of similar qualities through the same or another rental company and will notify the user of the news to determine if you want the reservation to materialize or if on the contrary wishes to desist from the process of the same.
As it could happen that on the day of delivery of the reserved vehicle, the chosen rental company does not have the vehicle available due to a traffic stop, untimely automotive repair, accident or other related, in such cases we will proceed to offer one available within the ranges that the RENTER has to the user to rent it and if the user does not agree, we will proceed with the refund of the money. Our standards indicate that this type of situation should not be frequent and it is the commitment of the RENTER that this type of situation is kept to a minimum.
Additionally, it is possible that on certain occasions and due to unforeseen or unforeseeable situations the rental company may be forced to make changes to the accepted reservation, in that case the user will be notified immediately proposing a solution, which if not accepted will result in the refund of the money paid by the user. The COMPANY is not responsible for assuming additional costs or damages that the user indicates that may be caused by the change of the reservation since the user knows that this is an imminent risk of using the platform and decides to accept that in case it materializes, he/she will be fully indemnified in all moral and patrimonial aspects with the mere return of the money previously paid.
- Regarding the risks to the information and equipment through which it accesses the platform.
In order to prevent the risks implicit in the use of the platform from materializing, the COMPANY undertakes to work constantly to develop software updates seeking to adapt the operation of the ALKISOFT platform to solve possible programming errors that may be found within a reasonable period of time to be determined on a case-by-case basis. The updates made to the platform will be mandatory for all users. The COMPANY may stop providing technical support to a version of the ALKISOFT platform when it is considered that due to the passage of time, the advancement of technology, the type of programming or the risk involved in the version, it has become obsolete. Updates and access to later versions of the ALKISOFT platform may have an additional cost that at the time of being made available to the public will be set by the COMPANY.
It is possible that the updates made to the ALKISOFT platform require users to access it through new versions of browsers, internet access accounts with a minimum speed of loading and downloading information and / or using machines with certain computing capacity, in this case the update of the access terminals and internet services used depends solely on the user and will not be the responsibility of the COMPANY.
- Regarding the risks derived from the use of automobiles.
In order to avoid renting a vehicle to a person who does not have the necessary skills to do so, the COMPANY and/or the rental company will request the user's driver's license and may question him/her about his/her driving skills. The COMPANY reserves the right not to intermediate the rental of a vehicle to persons it does not consider appropriate for safety reasons; likewise, each rental company reserves the right to rent or not rent the vehicle to the person it considers does not have the necessary skills to drive it.
The COMPANY requires each rental company that is linked to the platform, the acquisition of compulsory insurance, road kits, first aid kit and the performance of periodic maintenance to their vehicles in order to offer the intermediation of the rental of vehicles that meet the normal standards of road safety.
In any case, the COMPANY has enabled the e-mail address email@example.com, through which it will be attentive to receive any request, complaint or claim regarding the provision of the service.
It should be noted that none of the measures taken supplants, derogates or replaces the care that each user must take with respect to their equipment, information and personal integrity.
Commitment to confidentiality and security of information.
In principle, the COMPANY will not use the business information and personal data stored in its databases by users for purposes other than intermediation for the rental of vehicles.
However, when you accept the terms and conditions of operation of ALKISOFT, you expressly authorize the COMPANY to use the data stored in its databases in order to generate anonymous statistics on the use of the platform and / or send you commercial information regarding the services offered, promotions and others. When statistical work is performed, the data is used without being related to its owner, i.e., it is anonymized for the purpose of measuring the preferences of users in general. The measurements made and the results of the same may be subsequently marketed by the COMPANY without relating the data directly to any of the users.
The COMPANY will only tolerate access to the registered information and stored personal data to the user and the rental company owner of the vehicle requested for rental. Likewise, access to the judicial and administrative authorities will be guaranteed when, based on the law, they are able to force the COMPANY to comply with such requirement.
The COMPANY will deploy all means at its disposal and arising from the obligations under the law to seek to protect personal data and other information stored in its databases.
Please note that at the time of receiving a rental vehicle from a rental company, the vehicle may be monitored by a global positioning system "GPS", the operating conditions of this system and others that are installed in each vehicle are regulated in accordance with the vehicle lease contracts that are signed by the user and the rental company.
The personal data that the COMPANY collects in the development of the provision of the service, are subject to its personal data protection policies, which can be accessed through the page https://www.alkilautos.com . In case you have a request, complaint, claim or wish to exercise any of the rights arising from the processing of personal data, please send an email to firstname.lastname@example.org.
Availability of the technological service of reservation request
The COMPANY has arranged the security and storage measures it considers necessary to provide a normal degree of availability of the platform and the databases to which it has access through the Internet connection.
However, given that all infrastructure and software and hardware products are prone to the existence of failures in communication, design and operation, the COMPANY assumes no responsibility for unexpected service outages, loss of information due to lack of connection and others related to the level of availability of the platform when these are due to an act of God, force majeure or the fault of a third party. The COMPANY will make its best effort to counteract possible service failures and keep the platform available at all times.
Availability of the linked sites service
The COMPANY assumes no responsibility for the availability of information, services offered, published content and / or security breaches on platforms or third party sites that are linked from the ALKISOFT platform. When a user accesses a third party site from an advertising link or not, published on the ALKISOFT platform, is subject to the terms and conditions of use of that site. (Ex. If the user enters the website of a car rental company through a link published on the ALKISOFT platform, the person responsible for the safety of the user on that website will be directly the rental company).
In this regard, it is clarified that some services offered by the COMPANY may be financed with income from advertising placed on the ALKISOFT platform. Given the above, the user accepts that the COMPANY may present advertising on the ALKISOFTplatform, without being responsible for the advertisements presented by advertisers and the agreements reached between them and the user.
Technical requirements for the use of the ALKISOFT platform
Technical requirements for the use of the ALKISOFT platform
To access the ALKISOFT platform, it is required to have an internet connection with a minimum capacity of one (1) mega of navigation and a computer equipment with at least: Processor: 2 GHz, RAM memory of 2 GB, Network card. 10/100/1000 for network installations; Operating System: Windows 7-8-8.1, Ubuntu 14.04 or higher and a laser or inkjet printer.
To access the platform through the internet, the computer must have one or more of the following browsers installed in their respective versions: Internet Explorer; Mozilla Firefox; Chrome: Opera: and certified up to java in its latest version; the 1.8 version of java does not generate XML which is used in the payment ticket.
Intellectual property rights
The COMPANY reserves all intellectual property rights derived from the ALKISOFT platform, the structure of the databases that have been created and those of the ones developed for its use or exploitation, the distinctive signs used and any other intangible derived from the exploitation of the platform, including but not limited to those arising from advertising uses, printed or virtual publications, software modules developed, procedures and others related or not. The above, without prejudice to the respect that the COMPANY will make of the intellectual property rights that correspond to third parties.
In the event that the COMPANY definitively transfers the ownership of the rights that correspond to it on the exploitation of the ALKISOFT platform, together with such transfer, all the rights and obligations that fall on it and that are derived from the use made by the users of this platform are understood to be transferred.
The brands of each rental company or vehicle manufacturer and any other intangible asset that is displayed through the platform may be owned by them and / or the COMPANY depending on each particular case.
Ley aplicable a la plataforma ALKISOFT
The COMPANY is located in the city of Bucaramanga, in the department of Santander, in the Republic of Colombia and all services offered through the ALKISOFT platform are considered provided in the Colombian territory and more specifically in that city. Thus, the applicable legislation due to the origin of the COMPANY and the place where the service is understood to be rendered, is the Republic of Colombia. Given the above, any conflict between the COMPANY and any of the users of the ALKISOFT platform, will be resolved before the Colombian jurisdiction.
In the event that any part of the terms and conditions of this document should be declared null, non-existent and/or unenforceable by a judicial and/or administrative body, the COMPANY and the user will try to apply the remaining parts of this document, taking into account the intentions they had for the services to be provided, the supplementary rules that may be applicable and finally equity.
Exclusion of liability
By using the ALKISOFT platform, you as a user agree that the COMPANY does not assume any contractual or extra-contractual, civil, commercial or criminal liability for damages to your information, your personal integrity and that of third parties, your property and that of your dependents, when such damages are derived from the existence of failures in the availability of the service not attributable to the COMPANY, the loss of information due to misuse of the platform, the leakage of information due to improper access by third parties resulting from the exposure of access data on your part, the loss or misplacement of the equipment where the access credentials to the platform were located, a criminal act, the act of a third party, your sole fault and other related. By using the ALKISOFT platform, the user expressly declares that he/she is aware of the risks of using it, renting a vehicle and that he/she has read these terms and conditions and after doing so, has taken the necessary security measures to protect his/her personal integrity, his/her property and the information of which he/she is the owner.
It is reiterated that under no circumstances should the COMPANY be understood as a direct supplier of vehicles for lease, the role of the COMPANY and the service it provides through the platform is that of a mere intermediary. Only when the user and the COMPANY directly sign a lease contract on a vehicle, the COMPANY will be responsible for the quality of the lessor and will do so in accordance with the postulates of the contract signed and those imposed by the current regulations.
Note: Since the COMPANY is not responsible for the lack of availability of the platform due to circumstances beyond its control, it is the responsibility of the user to verify their internet connection at the time of booking and ensure that the request has been made correctly. The COMPANY is not responsible for the non-existence of the reservation request that is generated as a result of improper use of the platform, the lack of concretion of the same due to deficiencies in the connection of the service by the user and any other that prevents the materialization of the reservation that is not attributable to the COMPANY.
Modificaciones a la plataforma y a los términos y condiciones
The COMPANY reserves the right to modify all or part of the ALKISOFT platform at any time and may remove or add paid or free services without having to request any authorization from users; In case this happens, a document and/or electronic notification will be sent to the users detailing the changes made to the platform and the impact they have with respect to these "Terms and Conditions" and/or the way in which the service will be provided, received the message or electronic notification by the user, the user may accept the changes and modifications or refuse to do so, in the latter case, both the user and the COMPANY may terminate their legal relationship with each other unilaterally and without proceeding to the payment of damages.