Terms and Conditions

1. Definition

1.1 DOMREP INDIVIDUAL is a travel agent.

1.2 DOMREP INDIVIDUAL’s tasks comprise assembling individual travel components and package holidays to the Dominican Republic.

1.3 The travel agent appoints package holidays together with local service providing agencies. Said service providers include licensed tour organisers, transport companies, restaurants and hotels.

2. Arrangement of a travel contract

2.1 With the booking (travel registration), the client bindingly offers DOMREP INDIVIDUAL the arrangement of the travel contract. The offer is based on the travel description as well as supplementing information provided by DOMREP INDIVIDUAL regarding the trip, if available to the client.

2.2 The booking can only be made by e-mail. DOMREP INDIVIDUAL confirms the reception of the booking via e-mail. The confirmation of receipt does not yet serve as acceptance of the booking.

2.3 The contract is concluded exclusively with the reception of DOMREP INDIVIDUAL’s declaration of acceptance. DOMREP INDIVIDUAL will send a written travel confirmation via e-mail either at the time of or immediately after the arrangement of the contract.

2.4 If the contents of the declaration of acceptance sent by DOMREP INDIVIDUAL differs from the contents of the booking, a new offer made by DOMREP INDIVIDUAL is present, which is binding for the company for a duration of 10 days. The contract is then concluded based on the new offer if the client declares their acceptance by means of an explicit declaration, deposit or final payment within the binding period. If an offer can only be reserved for a shorter amount of time due to the requirements stated by the provider, DOMREP INDIVIDUAL is required to explicitly make the client aware of it.

2.5 Service providers (e.g. local tour organisers, hotels, transport companies) are not authorised by DOMREP INDIVIDUAL to reach arrangements, provide information or make assurances that change the contents of the contract that had been agreed upon, go beyond the agreed services DOMREP INDIVIDUAL offers or contradict the description.

2.6 Brochures about travel locations and hotels as well as advertisements on the internet that have not been published by DOMREP INDIVIDUAL do not bind DOMREP INDIVIDUAL and the obligation to fulfil their duties.

2.7 Provided that the client is taking on responsibility by means of an explicit and separate declaration, they are required to vouch for all duties arising from the contract that refer to themselves as well as fellow travellers.

3. Payment

3.1 After the conclusion of the contract, the client is required to pay a deposit of 20% of the travel price. The final payment is due 40 days before the start of the journey given that the trip cannot be cancelled due to the reason stated in subparagraph 9.1.

3.2 Should the client not fulfil his payment duty and/or final payment until the agreed due dates, DOMREP INDIVIDUAL may withdraw from the contract after a request for payment with a fixed deadline has been issued and debit the client with the costs for withdrawal according to subparagraph 6.3.

3.3 The client is required to make payments to the bank account stated in the invoice. Credit cards are not accepted.

4. Alteration of the service

4.1 Alterations to integral travel services from the contents of the travel agreement that are due after the contract is concluded and have not been induced by DOMREP INDIVIDUAL in breach of good faith, are only permitted if the alterations are not substantial and do not impair the overall character of the journey.

4.2 DOMREP INDIVIDUAL is required to make the client aware of integral alterations immediately after notice of the underlying reason.

4.3 In the event of overbooking or closure of hotels, monuments, restaurants among others, efforts will be made to find an alternative offer of equal value within the frame of the local capability.

4.4 In the case of a substantial alteration of an integral travel service, the client may withdraw from the contract free of charge or demand the participation in a trip of at least the same value if DOMREP INDIVIDUAL is able to offer a trip as such without additional charges from their own services. The client may make use of their rights immediately and in written form via e-mail after the declaration made by DOMREP INDIVIDUAL about the alteration of the travel service or the cancellation of the trip.

5. Increase in price

5.1 Any adjustments regarding the prices made after the travel contract is concluded are valid provided that the increase in the cost for transportation, accommodation or an alteration of the respective exchange rates were unforeseeable at the time of the conclusion of the contract and actually occurred after and only to the extend, in which the increase affects the travel price per person and per seat. DOMREP INDIVIDUAL must inform the guest immediately about the changed circumstances. An alteration in price that is requested from the 20th day before the start of the journey is invalid.

5.2 In case of an increase in price of more than 5% of the travel price, the traveller may withdraw from the contract free of charge and demand the participation in another trip of at least the same value, provided that DOMREP INDIVIDUAL is able to offer such trip without additional charges. The traveller must exercise theses rights immediately after receiving the DOMREP INDIVIDUAL’s declaration stating the increase in price.

  1. Withdrawal by the client before start of the trip / Cancellation fees

6.1 The client may withdraw from the trip any time before the start of the trip. They are required to inform DOMREP INDIVIDUAL about their withdrawal via e-mail. The client is required to hold on to proof of withdrawal for 1 month after the start of the trip in order to assert their claims.

6.2 If the client withdraws before the start of the trip or does not go on the trip, DOMREP INDIVIDUAL loses the right to claim the price of the trip. Instead, DOMREP INDIVIDUAL may demand a reasonable compensation for all travel precautions made up until the withdrawal and their efforts based on the respective travel price if they are not responsible for the withdrawal or in case of force majeure.

6.3 DOMREP INDIVIDUAL has phased the claim for compensation, i.e. estimated in consideration of the temporal distance between the date of withdrawal and the start of the trip agreed upon in the contract in a percentage ratio to the travel price and considered spared expenses as well as possible other realisations of the travel services. After the client’s declaration of withdrawal, the compensation is calculated as follows:

  1. a) up until 40 days before the start of the trip, 20% of the travel price
    b) from the 39th to the 31st day before the start of the trip, 60% of the travel price
    c) from the 13th to the 3rd day before the start of the trip, 75% of the travel price
    d) from the 2nd day to the start of the trip, 85% of the travel price
    e) if the client does not attend the trip, 100% of the travel price

6.4 The client’s right to provide a substitute participant remains unaffected by the aforementioned requirements. Possible additional costs are at the expenses of the client.

7. Rebookings

Up until the start of the trip, the client may demand that a third party may be included in the rights and obligations arising from the contract and attend the trip. The substitute person entering the contract as well as the previous traveller bear liability towards DOMREP INDIVIDUAL as joint debtors for the travel price and the additional costs arising from the entry of the third party. DOMREP INDIVIDUAL may refuse the third party to participate provided that they do not fulfil the travel requirements, or their participation goes against legal requirements or regulatory requirements.

8. Non-utilised services

If the client does not utilise services that have been lawfully provided with due to reasons they are responsible for (e.g. early return or other compelling reasons), they do not have the right to demand a refund of the travel price. DOMREP INDIVIDUAL will seek compensation for saved expenses by the service providers. This obligation expires in the case of insignificant services or if a refund contradicts legal or regulatory requirements or contractual provisions with the local service provider.

9. Withdrawal by DOMREP INDIVIDUAL

9.1 DOMREP INDIVIDUAL may only withdraw from the travel contract if the minimum number of participants has not been reached, provided that they

  1. a) state the minimum number of participants in the description of the trip as well as the latest date before the start of the trip that the client shall receive the declaration, and
    b) explicitly state the minimum number of participants and the latest withdrawal period or point towards the respective information in the description of the trip. They are required to declare their withdrawal towards the client at the latest on the 35th day before the start of the trip. Should it be clear at an earlier time that the minimum number of participants will not be reached, DOMREP INDIVIDUAL must immediately make use of their right of withdrawal. If the trip is not carried out due to this reason, the client will immediately be refunded with the travel price.

9.2 DOMREP INDIVIDUAL may withdraw from the contract without the need to comply with a period if the traveller is sustainably disturbing the contract despite a warning, or if the traveller violates the contract to an extent that justifies the immediate annulment of the contract. If DOMREP INDIVIDUAL withdraws, they keep their claim of the travel price; however, they need to be charged for the value of the saved expenses as well as the benefits they receive through further utilisation of the non-utilised service, including the costs debited by the service providers. DOMREP INDIVIDUAL may authorise local parties (tour organisers, tour guide) to exercise this right.

10. Withdrawal due to force majeure / Return transport

10.1 If the trip is significantly complicated, endangered or impaired due to unpredictable acts of nature at time of the conclusion of the contract, DOMREP INDIVIDUAL as well as the client may withdraw from the contract.

10.2 In this case, DOMREP INDIVIDUAL may demand an appropriate compensation for the travel price for delivered or outstanding services.

10.3 DOMREP INDIVIDUAL is under no circumstances required to take necessary measures for the return transportation of the traveller. Additional costs for the return transportation are to be carried entirely by the client. This also applies to other additional costs that go to the expense of the client.

11. The client’s obligation to cooperate

11.1 Notice of defects
If the trip is not carried out according to the contract, the client may demand remedy. The client must immediately inform DOMREP INDIVIDUAL about any insufficiency regarding the trip via e-mail. If they culpably fail to do so, they cannot demand any reduction of the travel price. This does not apply if the advert is clearly futile or intolerable due to other reasons.

11.2 Fixation of a period of grace before withdrawal
If a client wishes to withdraw from the contract due to an insufficiency or important reason, which is comprehensible to DOMREP INDIVIDUAL, they may first set a reasonable period for remedy. This does not apply if remedy is not possible or refused by DOMREP INDIVIDUAL, or if the immediate withdrawal from the contract is justified by the client’s outstanding interest, which DOMREP INDIVIDUAL can understand.

11.3 Damaged luggage and luggage delay
DOMREP INDIVIDUAL cannot be held responsible for damages to luggage or their delayed arrival on flights. It is recommended to immediately inform the airline by means of notice of damage.

11.4 Travel documents
The client must inform DOMREP INDIVIDUAL if they do not receive the necessary travel documents (e.g. voucher for excursions, hotel vouchers) within the period stated by DOMREP INDIVIDUAL.

11.5 Follow-up to the safety requirements
The client must comply with the safety requirements by the travel guides appointed by DOMREP INDIVIDUAL or their representatives when going on trips that are marked as adventure trips or trekking trips. If the client fails to comply, any claims for compensation towards the local service provider expire.

12. Limitation of liability

DOMREP INDIVIDUAL cannot be held responsible for defaults, personal injuries and damage to property in relation to services, which are imparted as external services merely to the local service providers (e.g. excursions, transportation services from and to the described point of departure and arrival, accommodation services, restaurant services, athletic services). Damages need to be claimed directly with the local service provider.

13. Exclusion of claims

If the fulfilment of the trip was not achieved in accordance with the contract, the client must exercise their claims within one month after the date of the end of the trip agreed upon the contract. Upon expiry of the deadline, the client may only exercise their claims provided that they were impeded without fault to comply with the deadline.

14. Flight services

DOMREP INDIVIDUAL does not provide flight services and cannot be held reliable for such. The client is required to inform themselves about the respective airline as well as outstanding flight services in the scope of the booked trip when making the booking.

15. Passport, visa and health requirements

15.1 DOMREP INDIVIDUAL will inform citizens of a member state of the European Union to which the trip is offered about requirements regarding passports, visa and health before the conclusion of the contract as well as about their potential alterations before the start of the trip. Citizens of other countries can refer to the respective consulate. It is assumed that there are no special circumstances regarding the nature of the client as well as potential accompanying travellers (e.g. double nationality, statelessness).

15.2. The client is responsible to obtain and carry along all necessary legal travel documents, potential necessary vaccinations as well as to comply with customs regulations and foreign currency exchange regulations. Any disbenefits arising from the failure comply, e.g. paying the costs for withdrawal, need to be carried by the client.

15.3 DOMREP INDIVIDUAL cannot be held responsible for the timely issuance and receipt of necessary visa through the respective diplomatic representative.

16. Law and place of jurisdiction

All relations between DOMREP INDIVIDUAL and the client shall be governed exclusively by Dominican law. The place of jurisdiction shall be Puerto Plata, Dominican Republic.

17. Severability clause

If any provision of these terms and conditions or individual agreements is held to be invalid, non-effective or unenforceable, such determination shall not affect the validity, effectiveness and fulfilment of other parts of the terms and conditions and the individual agreements. In such event, the invalid, non-effective or unenforceable provision shall be replaced by an effective and compliable provision that comes closest to the original intentions of both parties.

Address:

DomRep Individual
RutaPanoramica Santiago 311
Camú, 57000 Puerto Plata, Dominican Republic
+1 809 399 95 43

info@domrep-individual.com

DOMREP INDIVIDUAL, July 2018

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