Terms & Conditions
Last Updated: 12 June 2025 · Effective Date: 12 June 2025
1. Definitions
In these Terms and Conditions:
- "Tayrona", "we", "us", "our" refers to the consulting practice operating under the name Tayrona, based at Calle 22 #3-45, Santa Marta, Magdalena, Colombia.
- "Client", "you", "your" refers to any individual or organisation that engages our services or uses our website.
- "Services" refers to the consulting engagements offered by Tayrona: the Guest Experience Read, the Season Companion, and the Operations Study.
- "Engagement" refers to a confirmed, paid service between Tayrona and a client.
- "Website" refers to the site accessible at tayrona.blog.
- "Agreement" refers to these Terms and Conditions as accepted by you.
2. Acceptance of Terms
By using our website or engaging our services, you confirm that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree, please do not use our website or proceed with an engagement.
Our services are intended for business operators and professionals. By engaging us, you confirm that you are at least 18 years of age and have the legal capacity to enter into a binding agreement.
3. Service Description
Tayrona offers three consulting services for hospitality and tourism businesses:
- Guest Experience Read: an in-property review of the guest journey, resulting in a written summary of observations and one follow-up call. Fee: $124.000 COP.
- Season Companion: a three-month advisory engagement including monthly planning sessions, a shared checklist, and between-session support. Fee: $200.000 COP.
- Operations Study: a four-week assessment of bookings, service flow, and finances, resulting in a structured roadmap and a session with the client's front-line team. Fee: $318.000 COP.
Services are available primarily to businesses based in or around the Magdalena department, Colombia. We may accept clients from other regions on a case-by-case basis.
4. Engagement and Scope
An engagement begins when both parties have agreed on the service to be provided and payment has been received (or a payment schedule confirmed). The scope of each service is as described in Section 3 and in any written confirmation provided at the start of the engagement.
Changes to scope during an engagement must be agreed in writing by both parties. Tayrona is not obligated to deliver work outside the agreed scope without a separate written agreement.
5. Client Responsibilities
To allow us to complete an engagement effectively, you agree to:
- Provide accurate information about your business when requested.
- Make your property accessible for in-person visits where applicable.
- Respond to communications within a reasonable timeframe.
- Provide access to relevant records (bookings, financial summaries) where applicable to the agreed service.
- Not misrepresent the nature of your business or the context of an engagement.
Delays caused by your unavailability or failure to provide requested information may affect our ability to deliver on the agreed timeline. In such cases, we will communicate and agree a revised schedule.
6. Payment Terms
Fees are stated in Colombian Pesos (COP) and are payable as follows:
- Guest Experience Read: full payment prior to the property visit.
- Season Companion: full payment at the start of the engagement, or an agreed split across the three months.
- Operations Study: full payment at the start of the engagement.
Payment may be made by bank transfer or other method agreed in writing. Receipts are issued for all payments.
Refunds: if you cancel an engagement before any work has commenced, a full refund will be provided. Cancellations after work has begun will be assessed on a case-by-case basis, with any refund reflecting the proportion of work not yet completed.
7. Intellectual Property
Written deliverables (summaries, checklists, roadmaps) produced by Tayrona for your engagement are provided for your own business use. You may share them internally within your organisation. You may not reproduce, publish, or distribute them commercially without our written permission.
The methodology, frameworks, and general approaches used by Tayrona remain our intellectual property. Use of our website content, including text and structure, without permission is not permitted.
8. Confidentiality
We treat all business information shared during an engagement as confidential. We do not share client data with third parties except as described in our Privacy Policy.
We ask that you likewise treat any methodologies, templates, or processes shared with you during an engagement as confidential to your use, and not distribute them to other consultants or businesses.
9. Disclaimers
Our services are provided on the basis of professional observation and advisory opinion. We do not make predictions about specific commercial outcomes, revenue improvements, or occupancy rates. Decisions about implementing any recommendation remain entirely with you as the business owner or manager.
Our advice does not constitute legal, financial, or accountancy advice. Where those disciplines are relevant to a recommendation, we will note this and encourage you to seek appropriate professional counsel.
10. Limitation of Liability
To the extent permitted by Colombian law, Tayrona's total liability to you in connection with any engagement shall not exceed the fee paid for that specific engagement.
We are not liable for indirect or consequential losses, including lost revenue, lost contracts, or reputational damage, arising from the use or non-use of our deliverables.
Neither party will be liable for delay or failure caused by circumstances outside their reasonable control (force majeure), including natural events, government restrictions, or infrastructure failures.
11. Indemnification
You agree to indemnify and hold harmless Tayrona and its team members from any claims, losses, or expenses (including reasonable legal costs) arising from your misuse of our deliverables, your provision of inaccurate information, or your breach of these Terms.
12. Termination
Either party may terminate an engagement by written notice if the other party materially breaches these Terms and does not remedy the breach within 10 business days of written notice.
On termination, you will be invoiced for work completed to the date of termination, and any applicable refund for uncompleted work will be processed within 15 business days.
Sections 7, 8, 9, 10, and 11 survive termination of any engagement.
13. Dispute Resolution
If a dispute arises from or in connection with an engagement, the parties agree to first attempt to resolve it through direct, good-faith communication. Either party may request a meeting or call for this purpose within 10 business days of the dispute arising.
If the dispute is not resolved within 30 days of that initial contact, either party may refer the matter to a mediator agreed by both parties, or to the competent courts of Santa Marta, Colombia.
These Terms are governed by the laws of the Republic of Colombia.
14. General Provisions
- Entire agreement: these Terms, together with any written engagement confirmation, constitute the entire agreement between the parties.
- Severability: if any provision of these Terms is found to be unenforceable, the remaining provisions continue in full force.
- Waiver: failure to enforce any provision does not constitute a waiver of our right to enforce it in future.
- Assignment: you may not assign your rights under these Terms without our written consent. We may assign our obligations to another qualified consultant within our practice with notice to you.
- Notices: formal notices should be sent by email to the addresses used during the engagement, or to [email protected].
15. Changes to These Terms
We may update these Terms periodically. The updated version will be posted on this page with a revised "Last Updated" date. For existing engagements already in progress, the Terms in place at the start of the engagement apply unless otherwise agreed in writing.
16. Contact
For legal enquiries or questions about these Terms:
- Email: [email protected]
- Post: Tayrona, Calle 22 #3-45, Santa Marta, Magdalena, Colombia
- Phone: +57 605 421 6839