1. Information We Collect
We collect information that you provide directly to us when you book a tour, subscribe to our newsletter, or contact us through our website. This may include your name, email address, phone number, and payment information.
2. How We Use Your Information
We use the information we collect to process your bookings, communicate with you about your tours, and improve our services. We do not sell your personal information to third parties.
3. Data Security
We take reasonable measures to protect your personal information from loss, theft, and unauthorized access. However, no internet transmission is ever completely secure.
4. Legal Framework & TOP Costa Rica Partnership
Canoa Aventura S.A. is an active member of the TOP Costa Rica ecosystem. As such, our services and this policy are governed by the overarching legal framework of TOP Costa Rica. You can consult the full [[URL_TERMS]]page for more information on our partnership and operational guidelines.
5. Data Protection
5.1 We always process your personal data in accordance with legal regulations.
5.2 You can consult the specific operational details regarding our data processing within the TOP CR Platform in the sections below.
6. Damages
6.1 You must indemnify us to the fullest extent possible for all damages, costs, and expenses (including reasonable costs of legal defense) that we incur as a result of any breach of your obligations, for example in the following cases:
6.1.1 Your culpable misrepresentation, act, or omission in connection with the use of the TOP CR Platform. 6.1.2 Your willful breach of these Terms of Use. 6.1.3 Claims made by third parties that arise or are related to your access or guilty use of the TOP CR platforms that are not in accordance with the T&C of TOP CR.
6.2. The damages in the sense of point 6.1 also include the compensation that corresponds to our indirect agents due to the occurrence of one of the events described in points 6.1.1 to 6.1.3.
6.3 The above obligations only apply if you are responsible for the infringement in question, i.e. you have acted intentionally or have not respected the required care.
7. Responsibility
7.1 Except as described in 7.2, our maximum liability, arising out of or in connection with the performance of our contractual obligations to you, is limited to typically foreseeable damage resulting from a negligent breach of a material contractual obligation hereunder. contractual relationship. An “essential contractual obligation” under these Terms of Use is an obligation the fulfillment of which is essential to the proper performance of these Terms of Service and the breach of which jeopardizes the purpose of these Terms of Service and the performance in which you, as a user, you can trust regularly. Loss or damage is generally foreseeable if it was normally foreseeable at the time of accepting these T&Cs from TOP CR. We exclude our liability and that of our agents for damages caused by negligent breach of an insignificant contractual obligation.
7.2. Nothing in these terms excludes or limits our liability or that of our direct or indirect agents for gross or intentional negligence, for death or personal injury, or for fraud. Any other mandatory legal rights as a consumer will also remain unaffected.
7.3 The above limitations of liability do not apply if we fraudulently hide a circumstance related to the standard of the TOP CR platform or if we assume the guarantee of specific functionality. The same applies to any user claim under the Product Liability Act.
7.4 There is no responsibility in cases of force majeure, such as Failure of electronic or mechanical equipment or communications, acts of third parties (including denial of service attacks and excessive or abusive use of the TOP CR platform), telephone or other problems of connectivity, computer viruses, unauthorized access, theft, operator error, fire, inclement weather, including flooding, regulatory acts or other measures of any regulatory, governmental or supranational authority, wars, insurrections or labor disputes.
8. Transfer
Except for any claim for damages, you may not transfer, subcontract, or otherwise negotiate your rights and/or obligations under these TOP CR T&Cs.
9. Severability clause
In the event that individual provisions of these TOP CR T&Cs are or become null or ineffective in whole or in part, this will not affect the effectiveness of the remaining provisions. Statutory law supersedes provisions of these TOP CR T&Cs that are missing or ineffective. If such statutory law is not available in the respective case (regulatory loophole) or would lead to an intolerable result, the parties will enter into negotiations to find an effective solution that comes as close as economically possible to the missing or ineffective provision.
10. Final Provisions
10.1 In order to fulfill the contract and exercise our rights under this contract, we may use other TOP Costa Rica companies and third parties as indirect agents.
10.2 We may change or amend these Terms of Use in the future, for example, to take into account changes in law, changes in terms of content acquisition, or gaps in regulations. As far as our payment offers are concerned, we will only change or adapt these terms of use in the future if there are external circumstances that require us to do so, for example, to take into account changes in the law, changes in the services of our partners contractual or gaps in the regulations. In these cases, we will inform you in a timely and appropriate manner. If you object, we or you may terminate the contract with immediate effect.
10.3 All statements that are transmitted as part of the agreement between TOP Costa Rica and you must be in writing or in text form (for example, by email).
10.4 You can access the European Commission’s online dispute resolution platform on its website. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
10.5 For consumers, the legislation of Costa Rica applies to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG), unless the mandatory consumer regulations in your country, that is, the country in which the one you primarily reside in, are more favorable to you. In that case, these more favorable regulations of your country would apply.
11. Contact Us
If you have any questions about this Privacy Policy, please contact us via the contact form on our website.