THE PRESENT TERMS AND CONDITIONS HAVE THE OBJECTIVE TO OFFER THE USER-TOURIST THE GENERAL CONDITIONS OF CONTRACT UNDER WHICH THE TOURIST SERVICES WILL BE PROVIDED. BY ACQUIRING THE TOURIST SERVICES, THE USER-TOURIST EXPRESSLY ACCEPTS THESE TERMS AND CONDITIONS.
DEFINITIONS.- For all purposes of the Terms and Conditions established herein, the following definitions shall be understood:
TOUR- OPERATOR.- Empresas Transporturist, S.A de C.V. with respect to reservations in Mexico, likewise, Best Day Travel S.R.L. and Gray Line Excursiones y Transporte Turístico Dominicano, S.R.L. with respect to reservations in the Dominican Republic, those who contract and/or act as intermediaries through their reservation services for the benefit of a User-Tourist, with respect to the tourist services provided directly by the Provider. (Hereinafter referred to as (“THE COMPANIES”).
USER-TOURIST.- Person who travels temporarily and / or who uses the intermediation service of THE COMPANIES through their reservation engine, with the ultimate purpose of reserving and enjoying any of the tourist services provided directly by the Provider. (Hereinafter referred to as “You“).
SUPPLIER.- Individual or legal entity that directly provides tourist services to the User-Tourist, contracted, reserved or acquired by the latter through the intermediation of THE COMPANIES.
DECLARATIONS.- You declare under protest of telling the truth, appearing by your own and personal right, and / or through your legal representative, that you are a natural or legal person, of legal age, skilled, and with sufficient means or capacity economic to be bound under these Terms and Conditions, as well as with interest in acquiring the intermediation and reservation services that are specified here, and that for this it resorts to THE COMPANIES in order to act as a mere intermediary between You and the Providers direct providers tourist services.
You declare under protest of telling the truth, that you acknowledge that the services provided by THE COMPANIES, consist SOLELY AND EXCLUSIVELY ON THE INTERMEDIATION BETWEEN YOU AND THE DIRECT PROVIDER OF THE SERVICES.
Transporturist, S.A de C.V., declares (a) to be a duly constituted commercial company in accordance with Mexican law. (b) It is registered with the Tax Authorities with the Federal Taxpayers Registry number TRA101112HD3 (c) That its address is located at Avenida Bonampak, Mz 2, Lote 7, SM 10, Torre B, 1st Floor, Cancún, Quintana Roo , Mexico, CP 77500. (d) That for the purposes of these Terms and Conditions, it only acts as INTERMEDIARY between you and the Providers of said tourist services and that for this purpose, it has the technical and administrative capacity, as well as the material and human elements necessary to reserve on your behalf and at your request the services referred to in these Terms and Conditions. (e) That based on the foregoing Declarations, you accept these Terms and Conditions. Best Day Travel, S.R.L., declares (a) to be a duly constituted commercial company in accordance with the laws of the Dominican Republic. (b) That it has authorization to provide Tour-operator service, it is also registered with the Tax authorities with the Mercantile Registry number 1-19-02045-1. (c) That its address are located on the First Floor of Corporate Building A, Parque Empresarial Bávaro Tourist Corridor, Higuey. (d) That for the purposes of these Terms and Conditions, it only acts as INTERMEDIARY between you and the Providers of said tourist services and that for this purpose, it has the technical and administrative capacity, as well as the material and human elements necessary to reserve on your behalf and at your request the services referred to in these Terms and Conditions. (e) That based on the foregoing Declarations, you accept these Terms and Conditions. Gray Line Excursions y Transporte Turístico Dominicano, S.R.L., declares (a) to be a duly constituted commercial company in accordance with the laws of the Dominican Republic. (b) That it has authorization to provide Tour-operator service, it is also registered with the Tax authorities with the Mercantile Registry number 1-30-93873-3. (c) That its address are located on the First Floor of Corporate Building A, Parque Empresarial Bávaro Tourist Corridor, Higuey. (d) That for the purposes of these Terms and Conditions, it only acts as INTERMEDIARY between you and the Providers of said tourist services and that for this purpose, it has the technical and administrative capacity, as well as the material and human elements necessary to reserve on your behalf and at your request the services referred to in these Terms and Conditions. (e) That based on the foregoing Declarations, you accept these Terms and Conditions.
OBJECT.- The object consists on the INTERMEDIATION that will exist between THE COMPANIES, You and the Suppliers, where THE COMPANIES, for the purposes of these Terms and Conditions, will act solely and exclusively as INTERMEDIARIES, providing in an enunciative but non-limiting manner, the land transportation reservation service and reservation of tourist attraction sites, among others. Thus, once the reservations are confirmed by THE COMPANIES containing the tourist services chosen by you (according to their availability), the provision of the intermediation service by THE COMPANIES will be concluded, since said tourist services will be provided to You by Providers directly.
RESERVATION AND PAYMENT POLICIES.- At the time of booking, you authorize us in writing and / or verbally to use your credit card number to make your payment and expressly confirm that you know and accept these Terms and Conditions, as well as the policy privacy of THE COMPANIES. All reservations are subject to availability at the time of processing your request. Availability cannot be guaranteed until full payment has been received. To present yourself to receive your service, the Provider will ask you for an Official Identification with the name of the person from whom the reservation is made in order to avoid setbacks. You can show your itinerary at the time of requesting your paid service or the printed confirmation. If you wish to change or cancel your reservation, you must contact THE COMPANIES, for which a Travel Advisor will assist you, providing you with your reservation number, or you may contact the following numbers by phone: From Mexico at 800 522 3064, Outside of Mexico at +52 998 113 1814, From the Dominican Republic 01 800 760 0078, Outside the Dominican Republic +52 998 881 8398.
THE COMPANIES suggest you read carefully the clause corresponding to the CANCELLATION POLICIES. Every reservation confirmed firmly by THE COMPANIES provides a reservation control number which you should have within reach.
THE COMPANIES will immediately charge the credit card data that you provide the amount corresponding to your reservation and any other charge for this purpose, as long as the status of your reservation shows that it is confirmed and will appear on your statement of account with the legend: “BDEXPERIENCE BESTDAY” or with the legend equivalent to the Provider. For the payment of your reservation we accept Visa, Master Card and American Express credit cards and cash payments. For more information please contact one of our Travel Advisors. The published rates are quoted in various types of currencies, which are duly specified at the time. However, it will only be charged in Mexican Pesos, so in the case of paying with another type of currency, the transaction amount will be converted to Mexican Pesos at the exchange rate in effect on the date of the transaction. Please take into account that the amount that will appear on your credit card payment receipt may vary due to the international fluctuation of the currency exchange rate. THE COMPANIES are not responsible for such fluctuation. You acknowledge having been informed of the exchange rate fluctuation and agree with the corresponding charge in Mexican Pesos. If you require a fiscal invoice, please enter the following link for electronic invoicing https://facturacion.bdtravelsolution.com.mx/ or request it from a Travel Advisor. It should be mentioned that for tax reasons the invoices will be prepared after generating the payment or after having enjoyed the reserved service (s).
CANCELLATION POLICY.- All cancellation requests must be informed by you to THE COMPANIES, mentioning your reservation number.
Without exception, no refund or coupon replacement will be provided without presentation of the original coupon. Cancellations must be made a minimum of 24 hours prior to the start of the service purchased, otherwise refunds will not be accepted. Cancellations made by third parties will not be accepted. There are no cancellations and / or refunds for combos or packages. For a cancellation due to illness requested with less than 24 hours to the completion of the service, it must be presented without exception, a medical certificate with the professional identification and the signature of the doctor that certifies the inability of the passenger to attend the service acquired; the date of disability must be the same date the service was scheduled. Receipts for the purchase of medicines are not accepted as medical evidence for disability purposes. The reimbursement will be made only for the person who presents the medical prescription. In the case of groups, the same policy will apply. In some ecological reserves and / or national parks, additional local taxes, duties and / or contributions apply, not included in the value of the service indicated on the coupon. In such cases, the passenger must pay the aforementioned tax, right and / or contribution directly at the place of service.
For cancellation of reservations for Tours and / or Ground Transportation: Below, THE COMPANIES describe their general cancellation policies, applicable to most tours and ground transportation services, however there are providers that do not allow cancellation once confirmed the reservation. For those Providers that allow cancellation, the following policies will apply:
– Reservations canceled 3 (three) days or more, before the date of service, will be reimbursed without any charge.
– Reservations canceled 2 (two) to 0 (zero) days, before the date of the service, will be subject to the policies of the Service Provider without guarantee of cancellation or refund, since these will depend on the Provider’s decision.
– In case that you do no show to receive your service (No show) such service will not be reimbursed.
In the cases in which the reimbursement is appropriate in terms of these cancellation policies, the reimbursement will be made through the form of payment with which the services were acquired, the amount to be reimbursed will be reflected in your account statement within the next 5-10 (five to ten) business days depending mainly on the terms of your issuing Bank. THE COMPANIES reserve their right to contract on your behalf, the services to which you refer and are specified in these Terms and Conditions precisely in the quality and / or categories contracted as far as carriers are concerned, regardless of the ultimate provider of the services, unless it is expressly agreed that these will be provided invariably by a specific Provider. In case of modification of the direct provider of the service, it will be provided by another of equivalent quality, if you make use of the service, it will be understood that you consented to said modification and no claim, compensation or reimbursement will proceed. Once THE COMPANIES receive from you the amount of the contracted services, such being terrestrial, tours or any other that THE COMPANIES commercialize, they have the immediate authorization from You to issue, issue or acquire the tickets in your name, adhering and accepting both THE COMPANIES and You to the policies of cancellation, issuance and sale of tickets of the final Suppliers of the services and the Reservation and Cancellation Policies of THE COMPANIES.
I exempt and release THE COMPANIES in the country in which it is located and / or in any foreign country from all responsibility regarding: all complaints, claims for reimbursements, medical attention or any other type of legal action that requires damages and losses and / or civil liability caused by any incident and / or accident that occurs in the development of the tourist service, tour and / or transfer, not reserving any action or right to claim from THE COMPANIES neither in the present nor in the future, being the signature of the This agreement the broader liability release agreement that is applicable by law, by virtue of the fact that the undersigned understands and accepts that THE COMPANIES only act as intermediaries in the commercialization of services, but they do not operate or directly administer the tourist services and / or tours.
INDUSTRIAL PROPERTY.- You acknowledge that THE COMPANIES have a license to use the registered trademarks or are in the process of registration for the exclusive use such by the COMPANIES. You agree to not alter the Industrial Property of THE COMPANIES in any way, nor shall any action be allowed in any way that may undermine, denigrate or diminish the Industrial Property rights of THE COMPANIES. You agree not to use the brands or trade names of THE COMPANIES as domain names or register them as part of a domain name or their placement as part of Internet Advertising without prior written consent of THE COMPANIES. THE COMPANIES reserve the right to monitor the quality of the use of their Industrial Property, in addition, they will notify you immediately in writing in the event of realizing the existence of any violation of their Industrial Property. Any inappropriate use of the content and of the Industrial Property is susceptible to violation of the Laws of Industrial, Mexican and Foreign Property, of International Treaties, as well as rights consigned in the Civil, Penal and Commercial Code. If you incur in any inappropriate use of the content and Industrial Property, THE COMPANIES will have the right to require you to stop using the content that THE COMPANIES consider that violates their Industrial Property rights. (b) to stop copying totally or partially, reproducing, republishing, uploading, publishing, transmitting, distributing or modifying the use of the content and of the Industrial Property Rights. (c) may require you to establish an adequate use of their Industrial Property rights, or (d) may initiate the necessary legal procedures to defend their Industrial Property rights.
PRIVACY AND SECURITY.- You state that you have read the PRIVACY AND SECURITY POLICY of THE COMPANIES, the terms incorporated in it, and you agree that the terms of such policy are reasonable. You consent that your personal information may be used by THE COMPANIES and / or by their third-party Suppliers and distributors in accordance with the terms of the COMPANY’s Privacy Policy and for the purposes established therein.
RESPECT FOR THE RULES AND CONDITIONS OF THE SERVICES.- You agree to adhere to and respect the regulations and conditions of service, established by each of the Providers and direct providers of the services contracted by you through the intermediation of THE COMPANIES, therefore, THE COMPANIES must inform them of the most important ones, however, the Supplier may inform them of new or additional conditions of service for which THE COMPANIES have no responsibility whatsoever, and consequently, declines any responsibility that could derive for its breach.
ADVANCE OR LIQUIDATION OF THE AMOUNT.- Both parties agree that the settlement of the amount of the services object of these Terms and Conditions by you, as well as the use of coupons, tickets, courtesies or any other document issued in your favor, implies on your part the full acceptance of these Terms and Conditions.
ADDITIONAL AGREEMENTS WITH SUPPLIERS.- THE COMPANIES are relieved from any responsibility derived from additional agreements and not coming from the intermediation with THE COMPANIES that have been entered into between you and other Suppliers direct service providers, such as air and land carriers, shipping companies, cruises , hotels, car rental companies, etc.
SERVICES BY OR FOR THIRD PARTIES.- In the event that you contract the services of THE COMPANIES on behalf of various travel agencies or any third party, acting as intermediaries, THE COMPANIES disclaim any responsibility or problem generated by the breach of the intermediary or Tour-operator and in the same sense, due to data badly provided by the intermediary or Tour-operator for the reservation of services or, by the negligence that said intermediary could incur when omitting information to the User-Tourist or You about the procedures for contracting, paying and canceling the services that are acquired.
DISCLAIMER OF LIABILITIES.- THE COMPANIES as Tour-operator, provide services as intermediary reservation agents between You and the direct Provider (s) of tourist services. THE COMPANIES establish commercial negotiations within their own quality and service standards, such as, but not limited to: ground transportation and other related tourist activities such as tours and excursions, choosing only the most qualified and prestigious Suppliers in the market. Now, since the legal nature of THE COMPANIES is to act solely and exclusively as INTERMEDIARIES and not as direct providers of tourist services, THE COMPANIES do not assume, nor will they assume any responsibility generated by any relationship between you and the final providers of services and in turn, You release THE COMPANIES from any responsibility for any failure or lack of compliance by the direct Provider (s) of the tourist services, including without limitation any failure or non-compliance by the Water Sports Providers, car rental agencies, transportation agencies, tour operators, dive instructors, snorkel instructors, golf instructors, swim with dolphins instructors, fishing instructors, adventure sports and extreme sports instructors, water parks, ecological parks and in general from any failure or lack of compliance by all those Tourist services that are provided directly by one or more Suppliers and not directly by THE COMPANIES; however, THE COMPANIES may, at their free discretion, provide you with the Provider’s contact and / or address information so that you can exercise the respective claim that you consider necessary. THE COMPANIES such as Tour-operator and INTERMEDIARY reservation agents, do not offer, nor will they offer any guarantee on the services provided directly by the Suppliers, nor do they guarantee their financial position or any reimbursement to You caused by any loss experienced as a result of the financial condition of said Provider, including without limitation, the financial insolvency or commercial bankruptcy in which said Provider is declared. In the event that the Provider fails to comply with any of its services, for which you have already made payment, the reimbursement must be processed directly with the Provider that failed to provide the service, or may request insurance coverage in the case of being applicable or before any other third party, unless the previous failure is caused directly by THE COMPANIES. THE COMPANIES do not assume responsibility before You and therefore You release THE COMPANIES from any responsibility for acts, omissions or any type of complaint or dissatisfaction derived from the services provided by direct service providers, by virtue of which THE COMPANIES have no control or legal relationship on its personnel, equipment, operation or assets. In those situations in which the Provider fails to provide its services, you may attempt any recourse permitted by applicable laws against the Provider. THE COMPANIES guarantee that they have high standards of service and will take special care in the selection of Suppliers to avoid failure at all times.
Likewise, THE COMPANIES will not be liable and you release THE COMPANIES from any responsibility regarding:
(a) Any type of failure on your part to follow the travel instructions, including, but not limited to, coupon redemption policies, etc;
(e) Due to the lack of financial conditions on the part of the Provider to provide the service.
(f) Regarding the terms and conditions and / or policies of the direct service providers, THE COMPANIES will not assume any responsibility and you release THE COMPANIES from all responsibility, as well as any claim, cost, expense or loss that you may suffer including any personal
injury or injury to third parties, accidents or death, damage to personal belongings, loss of fun, anger, disappointment, anguish or frustration, whether mental or physical, provided they are the result of:
I.- Any failure or fault on the part of the direct Provider when providing the service.
II.- Any failure or fault on your part when enjoying the contracted services.
III.- Any failure or failure from You to observe or comply with the terms and conditions, policies, instructions, recommendations, security measures, etc. of the final Service Providers.
II.- Cases of force majeure or fortuitous cases such as: strikes, delays, earthquakes, war conflicts, hurricanes, snowfalls, etc., (which are not attributable to THE COMPANIES).
III.- Acts or omissions of any person other than THE COMPANIES.
IV.- Illness, theft, labor disputes, mechanical failures, quarantine, government actions, weather or any other cause beyond the direct control of THE COMPANIES.
V.- At your insistence to carry out any type of trip, tourist activity, take a tour, excursion, take any type of land, sea and any other type of transportation, under precarious health conditions or that are not optimal for development of such activities, as well as the development by you of any type of extreme sports or activities that may involve some danger and that were carried out under your full knowledge or when you suffer from any type of disease, medical condition, disability, any type of allergy, find yourself under medication or medical prescription, indications of rest and / or all those medical conditions that at your own risk were omitted and that could result in a deterioration of your health at the time of carrying out said activities with awareness of the cause. Under such occasions, it will always be considered that they were carried out at your own risk, releasing THE COMPANIES from any complaint, demand, complaint, disagreement, reward, compensation, compensation, courtesy, etc., derived from any incident caused during the development of any service or activity and any future event derived from the initial incident due to any of these causes.
VI.- Any other event that is not under the direct control of THE COMPANIES. Any claim or notification in writing against THE COMPANIES must be received no later than fourteen (14) days after the return from your trip; THE COMPANIES reserve the right to reject or carry out a commercial operation with any User-Tourist at any time; THE COMPANIES reserve the right to cancel or change travel services at our discretion, but we will try to replace them with comparable services; You will be responsible for verifying that the final Provider has special services such as access, amenities and services for people with disabilities, physical or of any other type, which it is suggested to do prior to making your reservation. You will be responsible for reading and abiding by the terms and conditions and / or policies of the final Service Providers.
The full refund will not be applicable in situations in which the trip has to be canceled, interrupted and / or postponed by THE COMPANIES for reasons beyond their control (force majeure such as, but not limited to, weather, hurricane , earthquakes, acts of terrorism, etc.), and in which the contractual obligations of THE COMPANIES with their Suppliers do not allow them to obtain reimbursement of the amount paid or to be paid to the Supplier on behalf of the client. Despite the close communication established by THE COMPANIES with the Suppliers announced here, there is the possibility that the validity of some prices has expired or comes from information wrongly provided by said Suppliers with which our database is fed. Notwithstanding this, THE COMPANIES take the precaution of verifying the rates that apply with each reservation. In the event that the contracted services could not be provided partially or totally by the Provider, THE COMPANIES may only on certain occasions manage the reimbursement of the appropriate amount on your behalf, the COMPANIES being relieved of any responsibility or greater commitment in cases in which the reimbursement for the total or remaining amount is not reimbursed by the Provider.
ASSIGNMENT.- You may not assign, subcontract or delegate your rights, obligations or duties contracted here.
SEVERABILITY.- These Terms and Conditions will continue to be divisible. In the event that any Term or Condition is considered prohibited or unenforceable, such provision will nevertheless be mandatory and such determination will not affect the validity and binding nature of any other remaining provision.
TITLES.- The titles used in the Terms and Conditions are only for your convenience and will not limit or otherwise affect the content of the Terms and Conditions established herein.
TOTAL AGREEMENT.- These Terms and Conditions or to which reference is made, constitute the total and complete agreement between the parties in relation to the object established herein, and replace any previous agreement or contract made between the parties (either oral or written ) that is related to the same object and will not be amended or modified except in writing or by making such amendments or modifications available on this site.
APPLICABLE LEGISLATION.- These Terms and Conditions will be governed by the laws of the corresponding country or state. You declare that you know the scope of this Contract, whose Terms and Conditions are the faithful expression of your will.
In the case of Transporturist, S.A de C.V., you submit that in the event of non-compliance or interpretation to the jurisdiction of the Federal Consumer Prosecutor’s Office, administratively, as a conciliatory instance, to resolve any differences that may arise, and if they persist, you agree to Submit to the jurisdiction of the Laws and Courts of Cancun, Quintana Roo, under their exclusive jurisdiction, renouncing in turn any other jurisdiction that may correspond to them due to their present or future domiciles or the location of their assets or their nationality. In the case of Best Day Travel, S.R.L., and/or Gray Line Excursiones y Transporte Turístico Dominicano, S.R.L., you submit to the laws of the Dominican Republic.
To the extent permitted by applicable law, no complaint, claim or cause of action that is related to your access or use of this site must be submitted after the expiration of
1 (one) year following the date on which such complaint , claim or action has been filed or the purchase has been completed.
CANCELLATION AND REFUND CLAUSES
Without exception, no refund or coupon replacement will be provided without presentation of the original coupon. Cancellations must be made a minimum of 24 hours prior to the start of the service purchased, otherwise refunds will not be accepted. Cancellations made by third parties will not be accepted. There are no cancellations and / or refunds for combos or packages. For a cancellation due to illness requested with less than 24 hours to the completion of the service, it must be presented without exception, a medical certificate with the professional license and the signature of the doctor that certifies the inability of the passenger to attend the service acquired; the date of disability must be the same date the service was scheduled. Receipts for the purchase of medicines are not accepted as medical proof for disability purposes. The reimbursement will be made only by the person who presents the medical prescription. In the case of groups, the same policy will apply. In some ecological reserves and / or national parks, additional local taxes, duties and / or contributions apply, not included in the value of the service indicated on the coupon. In such cases, the passenger must pay the aforementioned tax, right and / or contribution directly at the service site.
I excempt and release The Companies in the country in which it is located and / or in any foreign country, from all responsibility regarding: all those complaints, claims for reimbursements, medical attention or any other type of legal action that requires damages and damages and / or civil liability caused by any incident and / or accident that occurs in the development of the tourist service, tour and / or transfer, not reserving any action or right to claim from the Companies either in the present or in the future, being the signing of this agreement the broader release of contractual liability that is applicable in law, by virtue of the fact that the undersigned understands and accepts that the Companies only act as intermediaries in the commercialization of the services, but they do not operate or directly administer the tourist services and/or tours.
By purchasing tourist services, I accept the following terms and conditions that can be consulted on the following website: www.informaciondeviaje.com
