We are part of TOP Costa Rica – Ticando
As an active TOP Costa Rica partnership member, Canoa Aventura S.A. authorizes TOP Costa Rica – Ticando and its online operating systems to act on behalf of the company as a facilitator of the reservation process. This is why our websites https://www.canoa-aventura.com is governed by the terms and conditions of TOP.cr.
Please read the following information carefully before making a reservation on our websites. Keep in mind that by completing a reservation on our sites you are accepting the terms and conditions of TOP Costa Rica on behalf of Canoa Aventura S.A.
3General terms and conditions
Last update 01/01/2022
These General Terms and Conditions (hereinafter, “TOP.cr T&Cs”) regulate the use of the TOP.cr online intermediation platform, which is available at the URL https://www.top.cr, https://www.toursonplace.com and on the websites of all other countries or providers managed or associated with TOP.cr (collectively, “TOP Costa Rica Websites”), as well as on local and mobile applications (collectively, “TOP.cr Platform”).
1. About TOP Costa Rica – Ticando
Worldwide Tourism Marketing Developer S.A. Calle Guayabal, Orotina, Alajuela, Costa Rica, company registered with the National Registry of Costa Rica under the Legal ID 3 101 727799, (hereinafter, “TOP Costa Rica” or “TOP CR” or “we”) is the operator of the TOP CR platform and, consequently, also responsible. Available worldwide in multiple languages, our platform is fast and easy to use.
We operate the TOP CR platform as an intermediary platform where a variety of local providers throughout Costa Rica (“providers”) offer tourist activities (collectively, “activity” or “activities”) online. We act as a commercial agent for these suppliers. The descriptions and images of the different activities are provided by the respective providers. Therefore, we have no direct influence on such content.
2.1 The TOP CR T&Cs apply to all visitors to the TOP CR platform (hereinafter “Users”) with all content within the offered operating systems (currently iOS, Android). When you use the TOP CR platforms, you are obliged to comply with the T&C of TOP CR. Therefore, please read them carefully before using them for the first time.
2.2 TOP CR’s T&Cs are aimed exclusively at consumers in the sense of the Costa Rican Civil Code law. They can be consulted on the Internet and apply to all our services, provided that more specific rules do not apply. In these cases, we will make it clear in the relevant place. Anything that conflicts with or deviates from these terms and conditions shall not apply unless expressly agreed to by us in writing.
2.3 The TOP CR platform must be used for personal purposes only. That is, you cannot use it under any circumstances to do business. Ticket scalping is strictly prohibited! Any activity that goes beyond personal use in a private environment and/or that is for commercial purposes for you, associated persons, and/or third parties, in particular the resale of tickets, is strictly prohibited.
3. What do we do?
3.1 On the TOP CR platform you can view activities anonymously. Among other services, activities include guided walking tours, cooking classes, bus tours, cruises, and tickets to tourist attractions. The contract for the provision of the activity (“service contract”) is concluded exclusively between you and the supplier. We enter into contracts in the name and on behalf of the suppliers. We act as commercial agents and are commissioned and authorized by providers to conclude transactions between them and users, as well as to collect payments from users on their behalf and account. We do not offer any activities and are therefore not your contractual partner in service contracts. We do not act as an organizer, owner, seller, or any other type of actor in the service contracts that you conclude.
3.2 You can filter the list of activities according to various parameters. The discovery wizard shows you activities that match your criteria and are offered by a specific provider. If more than one provider offers an activity that matches the criteria entered in the discovery wizard, provider selection will be based on the following factors: popularity, diversity, availability, churn rate, ratings, performance over time. time and amount of income generated.
We reserve the right to change the way we display activities in the future, to apply different ways of displaying activities by city or other criteria, and to allow users to choose between different ways of viewing activities.
3.3 In the interest of smooth and fast processing, you may ask questions about your reservation to TOP CR’s customer service. To do this, various forms and a direct line are available under “Contact” on our websites. As commercial agents, we support suppliers in the processing. We generally respond within 24 hours and at most within 48 hours. In an emergency, you can contact the provider directly. You will find the contact details of the respective supplier in your reservation.
3.4 We reserve the right to make the use of the TOP CR Platform, individual functions of the TOP CR Platform, or the extent to which certain individual functions can be used dependent on certain requirements, such as the customer’s payment history (eg. for previous reservations) or the submission of certain proofs (for example, proof of identity, purchase, payment or ownership). At TOP CR we reserve the right to restrict your reservation activities if we become aware of suspected fraud, a violation of these TOP CR T&Cs, or a breach of service contract obligations.
3.5. We are not obligated to improve, optimize, update or make available the content, functions, or services provided through the TOP CR platform. We may discontinue our services and features at any time. There is no right to continuation. If you have already established a service contract with a provider, you will be subject to the provisions of section 5.3 on service contracts.
4. TOP CR Account and Registration
4.1 To use the TOP CR platform it is not necessary to register.
4.2 To make a reservation at TOP CR, you must provide your name and email address in the registration form on the TOP CR platform, as well as other details necessary for the provider to provide the reserved services. Keep this information secret to prevent a third party from having access to your reservation. By clicking on the “book” button you accept the T&C of TOP CR. After clicking the “book” button in the confirmation email, you will receive a booking confirmation message.
5. Conclusion of the contract with TOP Costa Rica – User contract
5.1 The subject of the contract with us as a contractual partner is the free use of the TOP CR platform (“Use Agreement”).
5.2 The contractual relationship between you and us comes into effect as soon as you use the website or click the “Install” button on the product description page of the respective app store and, if necessary, enter the corresponding password. The contract for the use of the TOP CR platform is concluded for an indefinite period of time and can be terminated at any time. The user account can be blocked, canceled, or deleted at any time by contacting TOP Costa Rica customer service by phone or through the contact form available in the “Contact” section.
5.3 TOP Costa Rica can unilaterally terminate the contract for the use of the TOP CR account at any time with one week’s notice. However, the termination only becomes effective once all service contracts that have already been established have been fulfilled. This does not affect the right to extraordinary termination.
6. Conclusion of the contract with the provider – Service contract
6.1 When you select and purchase the activity of a provider on the TOP CR platform, you enter into a contract with this provider. In the conclusion of the contract, we act as a commercial agent for the suppliers. After checking the availability of the activity, add it to the cart by clicking the “Add to cart” button. When you click on the “Book” button you will be asked to provide other mandatory information, in particular the payment method.
6.2 By clicking the “Payment $(amount to pay)” button at the end of the ordering process, you make a binding offer to enter into a service contract with the respective provider. You will be bound by this offer for two business days. After receiving the offer we will send you an automatic confirmation on behalf of the supplier. This confirmation does not yet represent acceptance of the service contract.
6.3 Providers may make their own terms and conditions available in their respective offer on the TOP CR platform (“Provider Terms and Conditions”). Please read these Provider Terms and Conditions carefully as they contain important information such as cancellation options or requirements. Provider’s Terms and Conditions apply in addition to TOP CR’s T&Cs. If there is a contradiction between the two, the condition that is more advantageous to you will apply.
6.4 We accept the contract offer in the name and for the account of the supplier by providing you with a booking confirmation issued in the name and for the account of the supplier and, if applicable, a voucher and payment confirmation. We reserve the right to accept or reject any contract offer at our sole discretion.
The contract between you and the respective provider is not established in any separate text. The content of the contract includes the ordered product (ie the description of the activity you have chosen), the TOP CR T&Cs and, if available, the supplier’s Terms and Conditions.
6.5 When you receive the order confirmation you must immediately verify that all the data is correct.
6.6 ATTENTION: In tourist service contracts that are concluded remotely, such as service contracts with suppliers that you have reserved through TOP CR, there is NO right of withdrawal in accordance with Costa Rican law. You only have the legal rights of withdrawal and termination. You may also have contractual cancellation rights, as described in point 11.
7. Supplier prices
7.1 The indicated prices already include all taxes. However, additional local taxes (eg tourist fees) may be levied at the location in question. We have no influence on this.
7.2 Reservation prices set by suppliers may be subject to special conditions, for example in relation to cancellations and refunds. Before booking, check if the supplier in question establishes different conditions.
7.3 We receive a commission from the provider for arranging the service contract.
8. Customer Service / Best Price Guarantee from TOP Costa Rica
8.1. You can contact our customer service at “Contact”, by phone, chat, or email.
8.2 If after reserving an activity through the TOP CR platform you find it (i) in the same conditions (date, city, number of people) and (ii) with the same services (iii) at a lower price on the Internet ( iv) with the same provider and you prove it to us, we will pay you the difference between the price booked through TOP CR and the lowest price you found available online.
8.3 To make use of the best price guarantee you must send us the link (and/or a screenshot of the alternative offer). We will then verify this and, if the price is indeed lower, we will refund the difference, either in cash or by means of a voucher or credit note.
8.4 All discounts and special offers are identified as such.
9. Payments in TOP Costa Rica – Ticando
9.1 The price offered on the TOP CR platform (“reserve price”) applies to the provider’s services. Unless otherwise agreed, this price must be paid immediately after the user has made the reservation. Some activities may offer the option to pay later. This is only possible with a credit card that is valid at least until the date of the selected activity. To prove it, when you complete your reservation, an amount of 0 USD will be charged to your credit card. We will charge the price of the reservation 72 hours before the start of the activity. If the charge to your credit card fails, we will notify you and give you 47 hours to make the payment manually. If this doesn’t work and you can’t make the payment, we will automatically cancel the activity you booked.
9.2 TOP Costa Rica is entitled to receive the amounts invoiced in the name and on behalf of the supplier (as commercial agent) unless the supplier’s invoice expressly indicates otherwise. With the successful payment to TOP Costa Rica, you will have fulfilled your payment obligations with respect to the suppliers. If the user must make the payment in a currency other than their national currency (payment in foreign currency), TOP Costa Rica (as commercial agent) can demand payment in the user’s national currency and convert the amount in the foreign currency according to the exchange rate prevailing at the time the contract was concluded.
9.3 As a commercial representative of the provider, we are the user’s contact in relation to service contracts and their remuneration. If you wish to request a refund of the reservation price outside of our cancellation conditions, for example, because you believe you are entitled to it due to a timely cancellation, you should contact the respective provider by contacting us. The provider can process the reimbursements that it chooses to grant through us.
9.5 In some cases you will not pay the price of the reservation to TOP Costa Rica or directly to the supplier, but to another company that we have commissioned to process the payment as a sub-agent. For example, currently, regardless of the origin of your credit card, the payment will be processed by Trust My Travel, under the TOP Costa Rica partner licence: TMT59435. These payments are subject to the same conditions as direct payments, so nothing changes for you. In particular, with the successful payment to the sub-agent, you will also have fulfilled your payment obligations towards the supplier. If you have any questions about payment, you can contact our local customer service using our contact mechanisms provided on our websites.
9.6 By authorizing payment you agree that your information will be used in order to collect payment for the supplier, activity operator, in this case Canoa Aventura S.A. We reserve the right to make the payment function or individual payment methods on the TOP CR platform dependent on a credit check.
10. Realization of the activity – Execution contract
10.1 You must appear at the meeting point notified by the provider with due notice. Please also note the provider’s Terms and Conditions. If you travel to the activity from abroad, you are responsible for having the necessary travel documents (passport, visa, etc.), for complying with health regulations, etc.
10.2 The price of the service reservation does not include insurance. You are responsible for having adequate insurance coverage. Insurance requirements depend on the activity booked.
10.3 For calculations of time and deadlines, the provider’s time zone is taken into account.
11.1 You can only cancel service contracts in accordance with the cancellation conditions, which are set out in the Provider’s Terms and Conditions, in the description of the activity on the TOP CR platform, or in any voucher issued for the activity.
11.2 To avoid misunderstandings, you must make any changes and cancellations through the TOP CR platform, unless otherwise agreed. You can make a cancellation using the form available in “Contact”. The change or cancellation must be made in due time. The term that is considered “timely” depends on the individual case. Therefore, it is very important that you carefully read all terms and conditions, in particular the Provider Terms and Conditions. For a timely cancellation, it is essential that the notification is received on time by TOP Costa Rica. If these requirements are met, we will issue a cancellation confirmation on behalf of the provider. This is also proof of the cancellation and should therefore be kept.
11.3 In particular, we may inform you of short-term changes in the supplier’s name either by calling you at the telephone number you have provided us or by sending a message to your email address.
11.4 If no different cancellation policy is listed in the supplier’s activity description, in the supplier’s Terms and Conditions, or on the voucher, the following applies:
a) More than 24 hours before the start of the activity:
A full refund of the reservation price
b) Less than 24 hours before the start of the activity or in case of no-show:
The price of the reservation is not refundable
11.5 You always have the option of proving to the supplier that no damage has occurred or that the damage was significantly less than the cancellation fees that may have been required of you.
12. Other Provider Rights – Service Contract
12.1 The supplier may cancel the activity on the agreed date without the need to comply with a cancellation period if weather conditions, official measures, strikes or other external circumstances are unforeseeable, which can only be avoided by disproportionate efforts on the part of the supplier or that are beyond your control (in particular, force majeure) make it impossible, more difficult or more dangerous to carry out the activity. In this case, the price paid for the reservation of the canceled activity will be refunded.
12.2 The provider may exclude you or not allow you to participate in an activity if you do not meet the participation requirements required on the GYG platform, if you would endanger yourself or others by participating or if you would disrupt the implementation of the activity long-term. In these cases, the price paid for the reservation of the canceled activity will not be refunded.
12.3 The provider may make minor changes to the program at any time if it deems it necessary due to circumstances that have arisen at short notice. Insignificant program changes also include a change in the starting/meeting point of the tour, provided that the new meeting point can be reached on foot or by public transport in less than 15 minutes from the original meeting point. The starting/meeting point can be changed up to 24 hours before the start of the booked activity. Any changes will be communicated to you by email and/or displayed on the TOP CR platform.
13. Ratings and user content
13.1 On the TOP CR platform we offer you the opportunity to see reviews written by other users, as well as complementary content and images related to the activity. This only reflects the opinion of a user at a specific time, which is the result of personal experiences and expectations. You should also be aware that the activity offered may have changed since the content or rating was posted. Also, you should consider the number of reviews received, as a single review is often less significant than a large number of reviews.
13.2 You can personally influence the content of the TOP CR Platform by writing reports in the form of ratings of the activities you have booked or posting related images (“User Content”). You are entirely responsible for the User Content you post. On the TOP CR platform, it is strictly prohibited to publish any user content that:
Is false or misleading, in particular, that it includes false and/or non-objective evaluations of the activities or other local circumstances/events that could influence the decision of other users,
Advertise, overtly or covertly, any product, service, or business. In particular, posting reviews for remuneration or about the activities of suppliers for whom you work yourself.
Contains links or similar information/references that may impair the operation of third-party data processing systems.
13.3 Furthermore, before uploading User Content, you are obliged to ensure that you have the necessary usage rights for the Images. In particular, images or photographs showing people other than you can only be uploaded to the TOP CR platform if these people have given their consent. If you want to use images created by someone other than yourself, you also need that person’s consent.
13.4 Making user content publicly accessible must not violate legal norms, morality and/or the rights of third parties. In particular, you may not upload or post any User Content depicting violent, pornographic, discriminatory, insulting, racist, defamatory, or otherwise illegal.
13.5 We do not adopt User Content as our own in any case and in any context.
13.6 We may use User Content in various ways. This includes, but is not limited to, displaying it on the TOP CR platform, reformatting it, editing it for clarity or grammar, including it in or alongside advertisements or other resources.
13.7 We may remove or republish User Content as necessary and at our sole discretion. For example, TOP Costa Rica may remove User Content if, in our opinion, it violates the obligations of sections 14.2 to 14.4. We are under no obligation to retain copies of any User Content or to provide any such copies.
13.8 TOP Costa Rica, affiliated companies, and our (distribution) partners may display advertisements and other information along with user content on the TOP CR platform and in other media. You are not entitled to any compensation for such advertisements. We reserve the right to change the type and scope of such advertising measures, and we will not notify you accordingly.
14. Data Protection
14.1 We always process your personal data in accordance with legal regulations.
14.2 You can consult the Data Protection Policy in detail here.
15.1 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:
15.2. The damages in the sense of point 15.1 also include the compensation that corresponds to our indirect agents due to the occurrence of one of the events described in points 15.1.1 to 15.1.3.
15.3 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.
16.2. 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.
16.3 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.
16.4 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.
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.
18. 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.
19. final provisions
19.1 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.
19.3 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).
19.4 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.
19.5 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.