Terms and Conditions
These pages, their content and infrastructure, and the online accommodation reservation service (including the service to facilitate payments) that we provide on these pages and through this website belong to, are managed and provided by Travel Open Mind and are made available your provision only for your personal, non-commercial (B2C) use, in accordance with the terms and conditions specified below. The relationship we have with providers of accommodation and other related services is governed by different terms and conditions that make up the commercial (B2B) relationship we have with each provider. Each provider acts professionally with Travel Open Mind by offering their product and / or service on or through Travelopenmind.com (both for the business-to-business ("B2B") and / or business-to-consumer relationship (" B2C ")). Keep in mind that the Accommodation Providers can have, declare applicable and / or request (the acceptance of), in addition to the conditions and the fine print that appears on the website, their own terms and conditions (of
delivery / shipping / transportation / use) and rules of use, access and consumption (which may include disclaimers and limited liability).
"Travelopenmind.com", "we", "us" or "our" refers to Travel Open Mind., A limited liability company, incorporated under Paraguayan law, with registered office at calle República Dominicana No. 662 , city of Asunción (PY). The term "Platform" refers to the app and the (mobile) website where the Travel Service that belongs, controls, manages, maintains and / or hosts Travelopenmind.com is available. The term "Travel" refers to the different types of Supplier's products and services that can be ordered, acquired, purchased, paid, rented, offered, reserved, combined or consumed.
"Provider" refers to the accommodation provider (eg hotel, motel, pousada, apartment, bed and breakfast, owner), tourist attractions (eg parks, theme parks, museums, sightseeing), transportation provider (eg rental of cars, cruises, trains, airport shuttle service, bus routes, transfers), tour operators, travel insurance and any other product or service related to travel that, from time to time, is available on the Platform to book a trip (either B2B or B2C).
"Service" refers to the online purchase, request, reservation or payment services (including the service to facilitate payments) that www.travelopenmind.com offers or provides with respect to various products and services that providers make available in the Platform from time to time.
"Travel reservation" refers to the request, purchase, payment or reservation of a Trip.
1. Our Service
Through the Platform, we (www.travelopenmind.com. And its affiliated (distribution) partners) provide an online platform through which Suppliers, in their professional conduct of business (either B2C or B2B) , can advertise, advertise, sell, promote and / or offer (as appropriate) their products and services so that they request, buy, reserve, rent or contract, and through which those who visit the Platform can discover, search, compare , request, reserve, buy or pay (eg the Travel Service). By using the Travel Service (eg when making a Travel Reservation through the Travel Service), you establish a direct (legally binding) contractual relationship with the Provider with whom you have reserved or from whom you have purchased a product or service (as appropriate). From the moment you make your Travel Reservation, we only act as intermediaries between you and the provider, transmitting the relevant data of the reservation to the Travel Provider (s) and sending you a confirmation email on behalf of the provider. www.travelopenmind.com does not (re) sell, rent or offer any type of (travel) product or service.
Although we try to make our service as accurate as possible, we cannot verify or guarantee that all the information is accurate, complete or correct. We are also not responsible for errors (such as manifest and typographical errors), interruptions (due to temporary and / or partial server outages or repairs, updates and maintenance of our Platform or other reasons), inaccurate, misleading or false information, or lack of information. Each Provider is responsible at all times for the precision, accuracy and correctness of the information (both descriptive and referring to
rates / charges / prices, terms and conditions and availability) that appears on our Platform. Our Platform does not constitute and should not be seen as a recommendation or promotion of the quality, level of service, qualification or classification (by stars), the type of accommodation of any Travel Provider or its facilities, venues, vehicles, products or services (main or supplementary) available, unless otherwise explicitly stated or stated.
Our Travel Service is available for personal, non-commercial use only. Therefore, it is not allowed to resell, deep-link, use, copy, monitor (eg spider, scrape), display, download or reproduce the content, information, software, reservations, tickets, products or the services available on our Platform for any commercial or competitive activity or purpose.
2. Prices and rates.
All prices for your Trip are shown with sales tax included and any other tax (subject to changes in such taxes), unless otherwise indicated on our Platform or in the confirmation email / entry. Ticket prices are per person or group and are subject to the validity indicated on the ticket, if applicable. Fees and taxes (including tourism / municipal taxes) may be charged by the Supplier in case of no-show or cancellation.
Suppliers may have special restrictions and conditions, for example, regarding cancellation and refund. Check the data and conditions
of the reservation, the corresponding service or product in detail to know the conditions before making the reservation.
Currency exchange is for informational purposes only. It does not display an accurate or up-to-date amount, as exchange rates may vary.
Obvious errors (errata included) are not binding.
3. Cookies & Privacy
www.travelopenmind.com respects your privacy. Check our policy of
Cookies and privacy for more information.
Only suppliers that have a business relationship with www.travelopenmind.com (through a contract) will be available on the Platform (for the promotion of their B2B and / or B2C product).
If applicable and available, the possibility is offered to pay the Travel Reservations (in whole or in part, according to the provider's payment conditions) to the Supplier during the process of Booking the trip using a secure online payment system ( as long as your bank offers it and supports it). In the case of some products and services, www.travelopenmind.com facilitates (through external payment processors) the payment of the corresponding services or products (that is, the service to facilitate payments) for and on behalf of the Provider (www .travelopenmind.com never acts or functions as an official seller). Payment is processed securely from your credit / debit card or from your account to the hosting provider's account using a processor
external payments. All payments provided by us for and on behalf of, and transferred to the Travel Provider will in each case constitute your (partial) payment of the reservation price of the corresponding product or service as final settlement of each (partial) price due and to pay. You will not be able to claim these amounts paid.
For some (non-refundable) rates or special offers, the Supplier may require that payment be made in advance by bank transfer (if available) or by credit card. In that case, your credit card may be pre-authorized or a charge may be made (sometimes with no option to refund) once the Travel Reservation has been made. Please, carefully consult the data (of the reservation) of the product or service of your choice to know the special conditions before making the Travel Reservation. You will not hold www.travelopenmind.com responsible for any charges (authorized, (allegedly) unauthorized or erroneous) by the Supplier and will not claim any amount for any valid or authorized charges made by the Supplier (including prepaid rates , no shows and cancellations with charges) on your credit card.
In the event of fraud or unauthorized use of your credit card by third parties, most banks and credit card issuing companies bear the risk and cover all expenses resulting from such fraud or misuse which, on occasion , may be subject to a franchise (normally EUR 50 or the equivalent in local currency).
5. Payments, cancellation and no show.
By making a Travel Reservation with a Supplier, you accept its cancellation and no show conditions (if you do not show up) of the Supplier, as well as other additional terms and conditions that may affect your Travel (including the section to be taken into account by the Supplier made available on our Platform and the corresponding conditions of the Supplier). This includes the services and / or products offered by the Supplier. The general cancellation and no show conditions of each Provider are available to you on our Platform, both on the Provider information pages as well as during the booking process and in the confirmation email or at the entrance (if applicable). Please note that some rates or special offers do not allow changes or cancellations. In case of no show (not presented) or cancellations with charges, the Supplier may apply the tourist / municipal tax. Consult the data of each product or service to see the conditions before making the reservation. Please note that a Travel Reservation that requires the payment of a deposit or payment in advance (total or partial) may be canceled (without prior notice) at the time that (the rest of) the pending amounts of Payment cannot be collected in full on the relevant date, in accordance with the Supplier's payment conditions and the reservation conditions. The cancellation and prepayment conditions may vary according to the product or service of each Trip. Carefully read the section to take into account (under the types of Travel or at the bottom of the Provider page on our Platform) and the additional information in your booking confirmation to check the additional conditions that the Provider may apply (for example, regarding age requirements, deposit, additional / non-cancellation supplements for group bookings, extra beds / breakfast not included, pets / cards accepted). Delays in
payment, wrong bank details, credit or debit card details, invalid or insufficient balance credit or debit cards are your responsibility and you may not benefit from the return or refund of the advance payment (non-refundable) if any of these cases occurs, unless the Provider accepts or allows it in its cancellation and payment conditions (in advance).
If you want to review, modify or cancel your Travel Reservation, check the contact e-mail and follow the indicated instructions. Please note that cancellation supplements may apply according to the cancellation, payment (in advance) and no show (if you do not show up) conditions of the Supplier or that you may not benefit from the refund of the amount paid (in advance). We recommend that you read these conditions carefully before making the reservation and that you remember to make the subsequent payments on time as they may be necessary for the reservation.
If you are going to be late or late the day of check-in or if you arrive the next day, be sure to communicate it (promptly and in due time) to the contact e-mail, so that they know when you will arrive and thus avoid canceling your (Reservation of) Travel or you will be charged the supplement for not showing up. If you need it, our customer service department can help you inform the Supplier. www.openmind.com is not responsible for the consequences that your delay may have, or for any cancellation or charge for not showing up that the Supplier may carry out.
By making a Reservation, you agree to receive (i) an e-mail, which we can send you shortly before your arrival date, where you will find information about the destination and other information
www.travelopenmind.com disclaims any liability in connection with any communication with the Provider on or through its platform. You will not obtain any right of any request to, or communication with the Provider or (any form of) acknowledgment of receipt of any communication or request. www.openmind.com cannot guarantee that the Provider (duly and timely) receives / reads, complies with, executes or accepts any request or communication.
In order to properly complete and secure your Travel Reservation, you need to use a correct email address. We are not responsible for (nor are we obliged to verify) any errors or misspellings in the email address, or any inaccurate or incorrect phone (mobile) number or credit card number.
Any complaint or claim against www.openmind.com or regarding the Service it provides must be made immediately, or at most, within a period of 30 days after the expected date of consumption of the product or service (for example, the date output). Any complaint or claim sent outside the 30-day period can be rejected and the claimant will lose all right to any type of compensation (for damage or cost).
Due to continuous updates and adjustments to rates and availability, we strongly recommend taking screenshots when making a reservation in order to support your argument (if necessary).
.www.travelopenmind.com will not accept comments that:
● Include obscene, sexually explicit expressions, violent, discriminatory, or threatening content
● Mention specific individuals, or personal attacks on staff members
● Promote illegal activities (eg drugs, prostitution)
● Include web pages, e-mails, phone numbers, card data
● Address sensitive political issues
www.travelopenmind.com and the Travel Provider may end the relationship for any reason (such as in case of breach of contract or bankruptcy), with the corresponding notice agreed between the parties.
In accordance with the limitations indicated in these terms and conditions, and to the extent permitted by law, we are only responsible for the direct damages you suffer, pay or incur due to defects attributable to our obligations in relation to our services, up to a total amount of the cost of your Travel Reservation, as indicated in the confirmation email (either due to an event or a series of events).
However, and to the extent permitted by law, neither we nor any of our directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliates, licensees, attorneys or other persons involved in the process of creation, sponsorship and promotion of the website and its contents will be responsible for: (i) punitive, special, indirect or consequential losses or damages, production losses, profits, income, contracts, as well as loss or damage to customers or reputation and losses of demands; (ii) errors related to the description of the information (including information on prices, availability and classifications) of the Travel Provider on our Platform; (iii) services provided or products offered by the Travel Provider or other business partners; (iv) losses, damages or costs (direct, indirect, consequential or punitive) that you suffer, contract or pay, arising from or related to the use, unavailability or delay of our Platform; or (v) any type of (personal) injury, death, property damage or other damages, losses and expenses (direct or indirect, consequential or punitive) that you suffer, contract or pay, whether due to (legal) acts , errors, infringements, (obvious) negligence, deliberate professional misconduct, omissions, breaches, misrepresentation, non-contractual liability, objective or (completely or partially) attributable to the Travel Provider or other business partners (including any of its employees, directors, personnel, proxies, representatives, subcontractors or affiliated companies) whose products or services (directly or indirectly) are available, offered or promoted on or through our Platform, including any (partial) cancellation, overbooking, strike, force majeure or other act that is beyond our control.
www.travelopenmind.com is not responsible (and disclaims any liability) for the use, validity, quality, relevance, suitability and disclosure
of the Trip and does not make representations, guarantees or conditions of any kind in this regard, whether implicit, regulatory or of any other type, including any implicit guarantee of commercialization, title, non-compliance or adequacy of a specific purpose. You agree and accept that the Provider is the only responsible and assumes all responsibility and obligation regarding the Trip (including any guarantee and representation made by the Travel Provider). www.travelopenmind.com is not the (re) seller of the Trip. Complaints and claims regarding the Trip (including everything related to the offered price (which may be special or a promotion), the conditions or specific requests made by the Clients) must be handled with the Travel Provider. www.travelopenmid.com is not responsible and disclaims all liability with respect to such (product) complaints, claims and obligations.
Whether the Supplier has charged you for your Trip, or if we facilitate the payment of the price (of the Trip), you agree that the Supplier is, at all times, responsible for the collection, retention, shipping and payment of applicable taxes on the total amount of the price (of the Trip) to the relevant tax authorities. www.openmind.com is not responsible for sending, collecting, withholding or paying taxes on the price (of the Trip) to the relevant tax authorities. www.travelopenmind.com does not act as an official seller of any product or service available on the Platform.
By uploading photos or other images to our system (for example, by submitting a comment) you certify, guarantee and confirm that you are in possession of the copyright of the photo / image and that you agree that www, travelopenmind.com uses said photo or image on their (mobile) websites, apps and promotional materials (online and offline), as well as in any publication that www.travelopenmind.com
consider appropriate. You are guaranteeing a non-exclusive, universal, irrevocable, unconditional and permanent right, as well as the license to use, reproduce, show, make reproduce, distribute, sublicense, communicate and facilitate the photos / images in the way that OpenMind considers appropriate. Any photo / image that does not meet the aforementioned requirements will not be published and / or can be removed by www.travelopenmind.com at any time and without prior notice.
8. Intellectual property
Unless otherwise indicated, the software necessary for our services or available or used by our Platform and the intellectual property rights (including copyrights) of the content and information, as well as the material on our Platform belong to Open Mind SRL , your Travel Providers or distributors.
Open Mind exclusively reserves ownership of all rights, title and interest in (all intellectual property rights to) (the appearance (including infrastructure) of) the Platform where the service is available (including customer feedback and translated content), and you have no right to copy, collect, link to, post, promote, sell, integrate, use, combine or use the content (including translations and customer feedback) or our brand without permission from written by us. To the extent that you want to use (completely or partially) our (translated) content (including customer comments) or you own any intellectual property rights of the Platform or any (translated) content or customer comments, by the You present, transfer and transfer all intellectual property rights to www.openmind.com. Any kind of use
Improper or any type of action or behavior mentioned above will constitute an infringement of our intellectual property rights (including copyright and database rights).
9. Jurisdiction and conflict resolution
Both these terms and conditions and the provision of our services will be governed and interpreted in accordance with Paraguayan legislation. Without prejudice to the chosen legislation, a natural person who uses any of our services for a purpose that can be considered outside their commercial or professional activity (hereinafter, the "consumer") may be subject to the mandatory provisions of the legislation of your country of habitual residence (that is, the provisions that, according to the regulations of that country, must be applied independently of this clause of choice of applicable law; hereinafter, the "Mandatory Provisions"). Any conflict that arises from these general terms and conditions and our services will be resolved only in the competent courts of Paraguay. Without prejudice to the jurisdiction clause, a consumer may also initiate legal proceedings on the application of the relevant Mandatory Provisions in the courts of the country where his domicile is recorded, and it is possible that the proceedings against a consumer can only be initiated in the courts of his country of residence. The translated version is a courtesy and unofficial translation, therefore no translation rights can be extracted. In the event of a dispute over the content or interpretation of the terms and conditions, as well as in the event of conflicts, contradictions or discrepancies between the Portuguese version and the other versions in other languages, the Portuguese version of these terms prevails and it is conclusive to the extent that it is permitted by law.
If any provision of these terms and conditions is or becomes invalid or non-binding, you will continue to be linked to the other provisions mentioned. If this occurs, the invalid provision must be complied with to the maximum extent permitted by applicable law and, to the extent possible, an effect similar to that of invalid or non-binding provisions will be accepted, in accordance with the content and purpose of these terms and terms.
10. Open Mind S.R.L. / www.travelopenmind.com
It is a commercial company with limited liability, established under the legislation of the Republic of Paraguay, with its registered office in Asunción. It is registered in the public registry of commerce under No. .............