The user will have access to information about the products and services offered in the Dominicanatours.com web by the providers of the said services, and will realize reservations or buy touristic packages and services from the providers or organizers of said services combined estabished for each case.In that sense offers and information on tourism products offered by the website of DOMINICANATOURS.COM,ARE elaborated and kept by a third provider of touristics services and never should be considered as direct offers of dominicana tours .com to the users of the web. acordingly dominicanatours,will not be responsible of the legacy and draftings according to the right of the conditions of recruitement establishes by the travel providers.
If the customer at the moment that make a request and indicates some incorrect information about their name, date of travel, destination and hotel, and does not communicate it before the confirmation of their reservation, they must pay a management fee of € 50 for modification of the same. In the same way, once the reservation is confirmed, if any of the contracted services have particular expenses, the tour operator or company, for such modification must be paid in the same way as the management. Please check the data indicated Before confirming your reservation, it is your responsibility that the data entered are correct.
Below we will enumerate the general conditions of the travel contract combined with the standard that the client explicitely accept to make a pre reservation in dominicanatours.com. in which case the travel includes special condicions not included in the general condition,theses will be sent by mail to the registered user who will be notified and accept them as they book their trip.
GENERAL CONDITIONS OF CONTRACT FOR PACKAGE TOURS
A)Multilple travel recruitment
1. Reservation request
- The costumer that desires to book a combined trip will make a reservation request. After said request ,the agency retailer, or in his case,the organizing agency, compromise to realize the eforts to obtain confirmation of the reservation with arregenments of the number of availabily and the period for which the reservation was made.
- >At the confimation Time of the reservation request, the agency can claim from the costumer to pay the equivalent sum of 30% of the price of the trip. In case of any services being under request without its possible confirmation, a total reimbursement of the deposit sum will be made.
(*) Toda reserva hecha con menos de 15 días de la fecha de salida del viaje, se le podrá reclamar al consumidor el abono del 50% del importe total de la reserva, solicitando el del resto en un periodo máximo de 48 h.
- If the costumer request an elaborated combined trip, the agency can demand the payment of an amount for the making of the project. If the costumer accept the offer of the elaborated trip by the agency, who will confirm all the services included, the sum integrated will be added to the price of the trip. In the case of not being able to confirm the request, the agency will have to return the full amount paid by the consumer.
- If after all its efforts, the agency cannot comfirm or offer the requested trip it will be offered to the costumer the realization of a similar or diferent trip, except if the consumer express the otherwise, it will be understood that he keeps the trip after 24 hours. In this case,the contract will go through if the costumer accept the offer in the time the agency expressly established.
2. Confirmation of the reservation
The perfection of the trip contract will produce the confirmation of the reservation. From this moment on the consumer of the combined trip is under the obligation of fullfilment for both parts of said contract .
3. Payments of the price
- The payment of the rest of the price should be made 15 days before departing date. Once the total price of the trip is paid in full, the procedure of the documentation will be made in a period of 48 to 72 hours.
- In the case of the departing date being less than 15 days the total price of the trip will be requested as long as everything regarding this trip are confirmed.
- If there is any pending services the client will be charged of only 30% of the trip as a warranty.
- The agency will settle the contract and apply the rules of withdraw established if the consumer doesnt realize any preview payment mentioned in the preview sections in the established time.
- The benefits included in the traveling contract will combined information proportioned by the costumer in the brochure or program,as well as the indications related to this information that were made when the reservation was confirmed.
- However, the providing agency reserve all the rights to modify the information contained in the brochure before the perfection of the contract. For its validity, the changes in said informations should be priorly been communicated clearly in writing to the costumer.
5. Change and/or modifications flight services
- The schedules and operations of the flights can be modified by the flight company at any time.said modification will be indicated to the client by mail. the dominicanatour operator will not be responsable of the connected flights taken by the client that are affected by the changes.
- In any case, the agency will be responsable of the connections of the fligts taken by the client, if it produces a cancelation in the trip. We will only be responsable for the ones taken directly by the dominicanatour operator that realize a combined trip.
(*) The conection flights can only be transacted with the tour operator or combined trip organize,with the agency or its employee. In these 2 cases, the travel agency will not be responsible of the conections flights if some type of problems occures
Except in the case something else is indicated in the brochure or available in particular conditions:
- In relation with those countries in which it exist an official tourism classification of established hotels or other types of accomodation,the bochure recolect the touristic classification that is given in the corresponding country. In those that doesnt includ any official classification of the category included in the brochure is only for guidance purpose. In any case, the agency will make a difference in the correspondance for the most part of the classiifications used by the hotel and simply for guidance.
- The schedule of room occupancy depends of the norms established by each country. Generally, the room may be occupied from 3 pm for checking in and should be evicted by noon the check out date, independently of the previewed arriving time at the hotel or the previewed time for the continuation of the trip.
- The rooms or big triple or quadrupled rooms are generally doubles in which will be added a sofa bed or a plegable bed, except in certain establishments where instead of double beds they use two king size beds
- In case of any incidence occured during your stay, you should put a claim directly to the hotel and in writing for the record, to be able to transmit later on, if desired, a claim trough the agency.
- The costumer should present itself at the indicated spot for departure indicated by the agency or at default by the brochure. In general, in case of air transportation the anticipated time is two hours before the previewed departure time.
- If the costumer cannot realize the trip for not being there at the required time provided before the departure, it will be applied the rule provided by the paragragh 14 for the lack of presentation at the departure,or in their case, provided by paragraph 12 for the withdraw of the consumer.
- The lost or dammaged occured in relation to the luggage or other objects that the consumer carry and preserve under their custody are under his or hers exclusif account and risk.
- The lost, robbery or dammage occured to luggages, should be claimed directly to the travel company at the airport.
8. Other services
- In general, the complete pension regimen includes continental breakfast, lunch, diner and acommodation. The half pension regimen, except if indicateted otherwise, includes a continental breakfast, diner and acommodation. in general, drinks are not included.
- The special diets (Vegetarians or special diets) are only a guarantee if they were agreed on by both parties in these particular conditions.
B) Rights of both parties before starting the trip
9. Contract modification
- If at any time prior to the departing time the costumer desires to request any change to the destination, the transportation, the duration,the schedule, the trip itinerary booked or other means refering to the benefits provided and the agency can change them, it might be required the payment of aditional fees that these modifications from the customer have implied or as a bonus for changing the reservation that can not exceed 3%of the total price of the trip.
- Before the departure,the agency can only realize changes that are necesary for the benefits of the combined trip and that are not significant. Changes are considered significants if they prevent the realization of the mean of the trip according to its general features or specialization.
- In the case the agency is in the obligated to realize significant changes it will be immediatly be notified to the costumer. Who will have the option to choose between accepting the changes in the contract in which he will be provided with all the informations about the repercutions in the price or withdraw the contract. The consumer should communicate its decision to the agency in the next 48hrs in wich he was notified of the modification. If the costumer does not communicate its decision in the mean time, it will be understood that they accepted for the changes made in the contract.
10. PRICE REVIEW
- The agency can only change or review the price, upward or downward, as long as these review be produce 20 days before the departure date and that its not significant, which means, superior to 15% of the travel price. Also, this review only can be made to adjust the price varation to:
- The type of changes that applies to organized trips
- Of the price of transportation that are included in the trip,price of fuel included.
- Of the taxes and fees relatives to determined services, like airport fees, embark, desembark and similarities included in the price.
- The revised price will only be determined taking as reference the value of the money of the country of destination and the prices,rates and taxes applicable in the date of edition of the brochure. in case there are multiples stops that includes 2 countries or more, the type of change taking as reference will be the rate of US dolar that same day.
- If the revised price has a raise of more than 15% of the initial price of the trip, the agency will make it immediately known to the consumer, who could withdaw if wanted the contract.
- If the tour operator lowers the price of a trip, which was hired by the customer at a higher price, you can benefit from the new price, if you meet the following requirements:
- That the conditions of the Tour operator allow the change of Sale.
- The travel documents are not issued
- That there are seats available for the new offer.
This will be possible if the services that are contracted to supply are the same as those of the new offer.
The customer must pay a penalty for the change of supply, 50€ per booking.
* Each tour operator has their own travel conditions
11.Comsumers right in case of resolution
- In case the costumer accept with the prior suggestions and withdraw the contract he can have the option to:
- Accept to be reimburse the price of the trip with maximum time of one month the paid price(which include a cancelation fee if it was told previously)
- The agency can always propose to offer another qualitively combined trip equal or superior to the prior one.if the trip offered is of a superior quality,the agency can require the amount of difference in the price,if there is. also he could accept a trip that is inferior to the prior one in that case the agency will also reimburse the price difference.
- In both cases,the consumer has the right to claim the compensation previewed for the budjet of the withdraw trip mentinned in paragraph 13 and in the same terms.
12. Re asignement of the reservation
- The customer can re assign his/her reservation to another person that assamble all the required conditions mentioned in the brochure and the contract to realize selected trip, as soon as the tickets were not already issued.
- The reassignement should be communicated to the agency by any mean possible and will be free of charge if received with an anticipation minumum of 15 days before the travel date. If made after this deadline and can be issued by the agency, it might be required from the customer a fee for re assignement that wont exceed 3 % of the inicial travel price, added to the change fee that the operador tour will charge correspondingly.
- In any case, the customer and the person to whom the reservation has been re assigned respond all together before the agency for all the payments, as well as all the justified additional fees that the reasignement might have caused.
13. Withdrawal rights of the customer
- The customer has the right to withdraw from the travel contract at any time before the departure date. NONTHELESS,if this withdraw is issued 15 days prior to the departure date, he will be penalized with a fine in function of the time left before this due date that will be:
- The 5% of the total price of the trip if the withdraw is issued not more than 10 not less than 15 days.
- The 15% of the total travel price,if produce with an anticipation between 10 and 3 days.
- The 25% of the total price of the trip if produce with an anticipation of 48hrs before the departure date. These conditions might vary depending on the operator tour with whom the trip was booked.
- If the withdraw is due to major causes. The customer will be advised of all the cancelation expenses that correspond and afterwhile the claim will be processed when and where the causes have been justified with a paper officially signed. The tour operador will estimate the resolutions of said claim.
- In all cases , the consumer must pay management fees to the agency of 50€ per passenger and TTOO 150 euros per reservation , which are mandatory after 72 hours of confirmation of booking, also optional services hired if they have any refund. (*Any reservation that had an optional insurance policy or medical assistant policy,will have a fee of 100% of said services. )
- The withdraw process will start from the moment the will of withdraw of the customer came to the knowledge of the agency by writing.
- (**) In the knowledge of the withdraw,the agency will return to the customer the amount that was paid in a dead line of one month. which may includ fees of management, and and his case annulation fees and penalization fees. If the reservation was canceled for mayor causes, the reinbursement will be made once the Tour Operator starts the process and transmit the reimbursement to the agency.
- If the combined trip was under special economic travel conditions like charter planes,ships,special prices or others analogs,manegement fees,annulement fees and penalty fees will be indicated explicitly on the brochure for this trip. Generally once fisically bought, the anulement fee for a plane ticket reach 100% of its cost. The special prices for a plane ticket and charter flights also have an anulement fee that reach 100% of its cost.
- It is considered abandonment of the consumer, once hired a trip decide to change Hotel, flight day or any other service recruited.
In these cases the customer must pay the penalty indicated by the tour operator * and a handling fee of 50€ per booking. This will be possible if the changes of the required services are available and the tour operator permits *.
* Each tour operator has their own travel conditions.
14. Cancelation of the trip from the Tour operator or travel company .
- The cancelation of the trip ,for any motive that was not the customers responsabiitly give her the right to resolve the contract from the rights previously mentioned in the paragragh 10.
- If the cancelation of the trip is communicated within the 2 months prior to the departure date, the agency should pay the consumer a compensentation fee according to the time thats left before the departure date.that should be :
- The 5% of the travel price if its made with more than 15days and less than 2monthss prior to departure.
- The 10% of the travel pirce if its made between 15 to 3 days prior to departure.
- The 25% of the travel price if its made in 48 hours before the departure.
- There is no obligation to pay indemnization fees in the next assumptions:
- When the cancellation is due to the fact that the number of the person registered is inferior to the one ask by the brochure or in the contract for a combined package.in this case, the agency should communicate by writing to the consumor before the dead line written in the brochure or contract. At his default the, the agency should notify the cancelation with a munimun of 10 days prior to the departure date.
- When the cancellation is due to mayor causes. Which are causes of mayor importance outside the agency, abnormal or improbable which could not have been avoided even with the maximum care.
15. Lack of presence at the departure
- It will be considered lack of presence at the departure if the costumer doesnt communicate his will to not take the trip and doesnt show up at the time and place that was arrange for the departure. In that case he looses his privilege for a refund of the amount paid and have an obligation to pay for any other payment that was due.
- However if the lack of presence was due to a mayor cause the costumer will have the right to be reimbursed the amount paid reduced of the management fees and annulement fees.
At these effects,it will be considered a mayor cause the death,the accident or a mayor disease of the costomer o of someone he lives with of any other suppsed analogue that prevent from participating in the trip and it this should be communicated to the agency before the departure.
C ) Rights and duties of both parties before the trip
16. Defective performance or lack of the services booked
- When the costumer realize while on the trip that it exists something defective or the lack of delivery of the services booked, it should be communicated immediately and as soon as possible to the organizer or the person in charge or in his case to the company or person responsable to provide the service. The complaint should be made in writing or in any form that can be used as proof. After receiving the complaint the organizer or the person responsable should try its best to find the right solution to the problem.
- If said complaint is made in the right time and in the right way, the document that was provided will allow the costumer to give proof of the existence of any defect,except if the organizer or the person in charge or the company that was providing the service en presence of the costumer assure that there was no defect or that the complaint is not well base ,and that this is how the service is provided.
- If the customer does not realize such communication or complaint in the right time and the right way, and does not have proof that alegede to be in total ageement with the general proof and it will be his own reponsability all the dammage that may produce or worsen by his lack of communication.
17. Impossibility to provid an important part of the services by the organizer.
- The agency should take the right solutions for the rest of the trip if once started the realize they wont be able to provide an important part of the services previewed in the contract. They are considered an important part of the trip the services that if not provided prohibit the normal realization and normal developement of the trip and because of these it would be not reazonable to wait for the costumer in the middle of that kind of trip to continue it in such circumstances .
- The agency wont be able to request any aditional suplement for the adopted solutions for the rest of the trip and refund to the costumer whatever difference between the services booked and the ones provided.
- If the costumer accept verbally or accordingly the solutions proposed by the agency, it wont have the right to any refund for such modification. It will be considered to accordingly agreed to such proposal if he continues the trip with the solutions proposed by the organizer.
- If the solutions proposed by the organizer were not viable or were rejected by the costumer for reasonable motives,the agency should:
- Provide a transportation equivalent to the one paid for in the trip to go back to the departure location or any other mean of transport that both of them think its convenient, if the contract includ a payment for the trip back.
- Refund the money that the case require.
18. Withdraw of the consumer during the trip
- The costumer has the right to withdraw from the combined trip even after the trip has started,but he wont be able to claim any refund for the amount paid and will be required to pay the ones that are due.
- If the withdraw from the trip are due to an accident or a disease of the costumer that prevent from continuing the trip,the agency is under the obligation to provide the necessary assistance and in this case refund the difference amount between the services previewed and the ones that were given before the accident occured,reducee of the anulation fees that correspond to the case.
- In both cases all the extra expenses that were caused by the withdraw and particulary the ones of relocation or tranfer to the initial spot are at the complete charge of the costumer.
19. Duty of colaboration of the consumer during the trip
- The costumer should pay attention to all the indications that facilitate the agency for the right execution of the trip,as well as all the general rules that applies to all the users of the services included in the combined trip. particulary in the group trips he will be respectful to the other participants of the trip and will guard an attitud that wont harm the normal developement of the trip.
- The serious breach of these duties permit the agency to resolve the bookings of the contract of the combined trip. in this case ,the contract includ a return trip,the agency will provide the costumer with a mean of transport equal to the ones paid for in the trip to go back to the initial location. or whatever that both parties conviniently agreed on. The agency will have the right to a refund that are due to the damages that might have been caused by the customers bad behavior.
D) Contractual responsabily for dective performance or breach of contract.
20. Responsability distribution
- The organization agency and the retailer agency answers before the costumer for the right fullfillment of the travel contract when it comes to all the liabilities that correspond to the respective manegement of the combined trip.
- The organization agency and the retailer agency answers before the costumer even if they are the one providing the services included in the combined trip or if they were been provided by another company.
- The organizing agency, to be the one planning the combined trip, respond to all the damages caused to the costumer for the non execution or the bad execution in the of the services included in the combined trip as well as ll the damages that procced in the breach of any other obligation that correspond to the legal management with the aplicable legislation.
- The retailer agency, to be the one selling or offering the combined trip proposed by the organizing agency, respond to all the damages caused to all the costumers for all the mistakes that were comitted when the combined trip was proposed to the consumer, to have ommited informations that should have been proposed. For not deliver necesary documentation for the correct realization of the trip,and in general for not fullfill any other obligation that correspond to their manegement with aplicable legislation.
- When in the contract include all together diferent organizers and retailers, what ever class that might be and the relation that exist between them,the responsabily between organizers and retailer should be solidary.
21. Causes of exoneration of responsability
The responsability of the organizers and retailers will be exempt when occured any of the following circumstances :
- That the defects observed in the execution of the contract be imputable by the comsumer.
- That these defects be imputable to a third party alien to the one providing the services in the contract and are seen as unpredictable and insuperable.
- The said defects are due to a mayor cause,that are viewed as circumstances alien to the one providing them, anormal and unpredictable which consequences could not have been avoided, even with the rigt diligence.
- That the efects are due to an event that the retailer or an any case the organizer, even with the right diligence could not avoid or overcome.
22. Duties of the costumer to minimize the damages.
In every case,the costumer is under the obligation to take all the right and reasonable measures to try to reduce all the damages that can be derived from the non execution or the lack of execution of the contract or to avoid that they be aggravated. The damages that occured for not have adopt the safety measures will be accounted on the costumer.
23. Duties of the agency for assistence
- The organizing agency and the retailler agency, altough have no responsability continue to have the obligation to provide the necessary assitence to the costumer if he encounter any dificulties.
- There will have no duty to provide any assitence mentionned in the previous paragrah when the defects produced during the execution of the contract are atributed exclusively to an intencional behavior or carelessness of the costumer.
24. Limits of responsability of the internationals conventions
When the contracts rules of the combined trip are governed by internationales convents, the compensation of the physical and non physical damages that results in the breach or bad execution of these said rules will be limited to the ones establish by them.
25. Limits of responsability of the internationals conventions
- When the rules of the combined trip are not set by internationals conventions:
- The compensation for non physical damages will be limited by all the concepts to the double price of the trip, including moral damages not derivatives from a physical damage and the reimbursement that should be realized.
- The compensation of the organizing agency for damages occured from lost or deterioration of the equipments will be limited to 350 euros.
- There will be no rules in the limitations previewed in the two paragrah before if the damages occured were intencionaly induced by the agency or the agency retailer or if said agency acted recklessly knowing that said damages might probably occur.
26. Information of disposition relevants to passports, visas and vaccines
- All users without exception(children included), should carry all their personal and familiar documents, either a passport or ID, according to the rules of the country or countries they are visiting. It will be under their personal care when the trip require the possetion of a visa, passport or vaccines certifications etc.
- In case of being rejected by an authority where the visas can be obtained,for particular causes of the user,or the user has being denied of the entrance of the country due to a fail in the resources that are required or by the default of such required document, or by not being the owner of the mentioned document, the agency decline all responsability of such facts, it will remain under the account of the customer any fees that may result from this situation,applying in these situations the rules established for the voluntary withdraw of these services.
- It will be reminded to all the clients,and specially those that posess a citizenship diferent from spanish, that they should make sure.before starting with the trip, that they have all the norms and all the requirements that applies when it comes to the matter of visas, which are important to enter without any problems to the countries they are going to visit. the minors(under 18 years old) should have a written permit signed by their parents or tutors, just in case said permit might be required by any authority.
- Its madatory to all passengers with flights coming from spain or going trhough spain, that the passports includ a photo (adults, chlidren or babys) .
27. Responsability for services not included in the combined trip.
- The rules of contractual responsability of the combined trip are not applied to the benefits like realization of excursions, the assitence of sportifs events of cultural events, the visits to expos or museums or other analogues, that are not included in the total price of the trip and the consumer might hire if the oppotuniy present itself during the trip.in these cases, the agency should inform to the customer the character optional these services and they are not a part of the trip.
- If the agency has a part in the hire of said optional services it will respond in aggreement to the rules that applies to the services of the contract made.
E) Claims and actions derived from the contract
28. Aplicable law
This travel contract of the combined trip will be governed by the aggreements for all the parties and by the established in these general conditions , the regional rules set by the place of celebration of the contract and by default these,are ruled by the 21/1995 law, of 6 of july,ruler of the Combined Trips.
29. Claims of the agency
- Without the legal actions that assist,the costumer will be able to effect by writing a claim for the non execution,or the bad execution of the contract before the retailer agency in the maximum placement of 30 days,counting from the day in which the trip should have been finalized.
- In the maximum placement of another 30 days, the organizing agency or the retailer. In function of all the liabilities that correspond by their respective filed of the management of the combined trip, they should answer by writing to all the claims made in these deadline.
- In this phase,the costumer and agency would be able to request the mediation of the management offices or other organisms that are required to find by themselves a solution to the conflict that, might be satisfactory to both parties.
- If the conflict cannot be resolved by a claim trought the agency, the costumer might submit it to the law of costumer if the agency sued was previously fololwed by the arbitary sistem or in any case, make a claim trough judicial court.
30. Arbitration of costumer
- If the sued agency was previously followed by the costumer foul system, the costumer might be able to make his claim trough the judicial court of customer automatically, it should be qualified in the place of celebration of the contract o the ones that were aquired en the maximun term of 3 months, counting the day in which the trip should have been finished.
- Cannot be object of customer arbitrary the claims that occurs from the intoxicacion,injury, or death or if it exist evidence of such offenses.
- Except if something else was wrietn of the public offer of sumission of the arbitral system of consumer, the breach will be legal and the arbitrary procedure will be set in the Real Decreto 636/1993, of the 3rd of may. It will be limited a claim for an amount of a 1000 EUROS by person and by a total of 5000 euros per claim.
- The award that was set by the arbitrarial court designed by the arbitrarial board of customer will resolve any claim that was presented with a definit caracter and will be bindind to both parties.
31. Judicial accions
- If the controversy is not submited to the consumer arbitration,the costumer can make a claim in the judicial before the courts of the place of celebration of the contract.
- The costumer can only be appeled before the courts of the place of the celebration of the contract.
- The judicial actions derived from the contracts of the combined trip in the dead line set of 2 years, can be processed from the day the client should finalize the trip.