TERMS AND CONDITIONS OF THIS WEBSITE
Welcome to www.transferindominicanrepublic.com website from the enterprise, collectively denominated as the site. As you use it, you should be aware of the terms and conditions. www.transferindominicanrepublic.com & Prestadora de Servicios Kmino Mya SA de CV. reserves the right to add or modify the terms and conditions at any time. Modified terms and conditions will cause an effect when they are used. If you continue with the use of this site it will mean you’ve accepted these changes.
DEFINITIONS.- The following definitions shall be understood for the use of this terms and conditions.
• AGENCY OF RESERVATIONS, (“Prestadora de Servicios Kmino Mya SA de CV”) furnishes its services via reservation as user/tourist regard the services directly provided by the caterer. From now on denominated “Prestadora de Servicios Kmino Mya SA de CV”
• WEB PAGE, www.transferindominicanrepublic.com of the enterprise that Prestadora de Servicios Kmino Mya SA de CV acts as intermediary and booking engine, offering users/tourists the diverse travel services that the provider offers. From now on denominated as the “Site”
• USER/TOURIST- Someone that temporarily travels, denominated as YOU, or that uses the site www.transferindominicanrepublic.com in order to make use of the intermediation and booking engine of the Prestadora de Servicios Kmino Mya SA de CV with the purpose of enjoying any of the travel services the provider directly offers.
• PROVIDER. Physical or moral person that directly provides the travel services to the user/tourist. Reserved by the latter via the intermediary and booking engine www.transferindominicanrepublic.com
DECLARATIONS.- You state to tell the truth, appearing by your own and personal right or legal guardian witch has to be physical or moral, over 18, skilled and with enough sources or economic capacity to follow the terms and conditions, as well as the interest in getting the intermediary services and reservations that are specified, provided by the Prestadora de Servicios Kmino Mya SA de CV as effect of intermediary between you and the direct service provider.
You state to tell the truth, you are aware that the services this provider and its site are only between the intermediation of you and the provider of the services. Prestadora de servicios Kmino Mya SA de CV declares:
[a] Being a commercial society constituted according to the Mexican laws. [b] that they count with the authorization for service provider as a BOOKING ENGINE, also registered before the tax authorities as the federal taxpayer registration number PSK071012SA1. [c] that its located at Av. Francisco I. Madero Mza 10, Lote 6, SM 65, Cancun, Quintana Roo, C.P. 77524. [d] that the social object consist in the faculty of realization of activities related with the publication, commercialization and/or sells through internet of travel services in any modality, tours, expeditions and other activities related with traveling inside on the national territory or abroad depending on the corresponding laws. [e] Create, buy, sell or develop web pages made for commercialization, promotion, spreading and in some cases selling of transport services inside the national territory or overseas. [f] the planning, promotion and in its case tours, touristic trips and generally any type of travel anywhere in the state and out, as well as the promotion and sale of the transport services anywhere in the republic and outside. [g] travel agency services with ticket sale and plane reservations whether touristic or not, as well as tours at any type of vocational events, sale and reservation of hotel rooms, reservations and tickets for marine or terrestrial traveling all over the republic and out. [h] that for the effect of all the terms and conditions only acts as intermediary between you and the provider of the services before said, and for that, we count with a technical administrative capacity, as well as the human and material elements needed for the reservation via account and the services mentioned in terms and conditions [f] that based on the statements that precede, you must accept the terms and conditions.
OBJECT.- Consist in the intermediation that will be present between the Prestadora de Servicios Kmino Mya SA de CV, you and the provider where Prestadora de Servicios Kmino Mya SA de CV for the effects of the terms and conditions, will act only and exclusively as INTERMEDIARY, providing you, through the web site the booking engine of terrestrial an air transport, hotel reservations and places to stay, reservations of touristic attractions, travel packages, and other. This way, once the reservations are confirmed but the Prestadora de Servicios Kmino Mya SA de CV with the elements chosen by you, it will conclude with the service delivery of intermediations from Prestadora de Servicios Kmino Mya SA de CV, since such services will be given to you by the provider directly.
USE OF THE SITE. Prestadora de Servicios Kmino Mya SA de CV that through the web page www.transferindominicanrepublic.com grants you a limited, untransferable, revocable license to use in this site according to the terms and conditions. You must only use this site to execute or buy legitimize reservations, not any other purpose, included but without limitation to do any fake or speculative reservations. This site and its personal content. - all the texts, paragraphs, sentences, specific combination of worlds, letters or phonetic elements, graphics, icons of buttons, brands, logotypes, graphic designs, photographs, commercials, patents, commercial methods, specific combination of colors and forms, editorial materials, printed formats, searching formats, digital downloads, data compilations, source codes, software are property exclusively from Prestadora de Servicios Kmino Mya SA de CV.
AGE AND RESPONSIBILITY. - You manifest, independently of your country of origin, that you have the legal age to use this site, subscribe and force you to the terms and condition, as well as taking responsibility of the legal obligations that come with the use of this site. You understand that you will be economically responsible for all of the use of this site and everyone that uses his information to enter it.
RESERVATIONS PAYMENT AND CANCELATION POLITICS
RESERVATION POLITICS. The rates shown in the web page are only valid at the moment of the quotation and will be applied to the respective charges, only when booking the wanted service, on the contrary the rates may vary. A reservation is considered complete when you have the confirmation number and the respective charge applied. At the moment of the reservation, you authorize written or verbally the use of your credit card number to execute the payment, and you confirm knowing and accepting the terms and conditions as well as the privacy policy of the Prestadora de Servicios Kmino Mya SA de CV. All the reservations are subject to availability at the moment of the request. The availability can’t be guaranteed before getting the full payment. For some reservations [properly identified before filling the contact and credit card details], we have to verify availability directly with the reservation department from the provider before the confirmation. Prestadora de servicios Kmino Mya SA de CV asks for a maximum of 24 hours to verify the reservation and availability. With the purpose of avoiding setbacks, you have to print the corresponding coupon and deliver it at the moment of requiring your payed service or digitally via your phone or any electronic device. If you want to change or cancel the reservation, please get in touch as fast as possible with an adviser or the assigned customer service department, mentioned your reservation number. Prestadora de Servicios Kmino Mya SA de CV suggests reading carefully the clauses on POLITICS OF RESERVATION. Any reservation change is open to availability and re-quote of rates. For more information contact your adviser or the customer service assigned mentioning your reservation number. Every confirmed reservation by Prestadora de Servicios Kmino Mya SA de CV provides a control reservation number that you have to carry all the time.
PAYMENT POLITICS. – Prestadora de Servicios Kmino Mya SA de CV will charge the corresponding amount of your reservation immediately to the credit card data you provide for this use, as long as the status of your reservations are confirmed. For the reservation payment, we accept visa credit cards, Master Card, American Express and via PayPal. If you don’t count with any of this credit cards you can make a bank transfer, for more information please contact one of the advisers or the client service department. The rates published in our site are valued in various types of coins, which are all specified at the moment. Mexican pesos will be charged in Mexican pesos. any other type will be changed to American dollars or the respective and available type of change. Please keep in mind that the amount that will appear in the recite of your credit card payment, may vary up to a five percent because of the international fluctuation of change. Prestadora de servicios Kmino Mya SA de CV is not responsible of this fluctuation. You recognize being informed of the fluctuation because of type of change and be okay with the transference to American dollars. In case of needing a physical bill, please contact an assessor or the customer service department. It should be mentioned that for fiscal reasons the bills will be elaborated after generating the payment or enjoying the services reserved.
CANCELATION POLITICS. – Cancelations required have or be informed by you via email to an assessor or contacting customer service department, mentioning the assigned reservation number. For tour or excursion reservation canceling: at the moment of selecting the required tour, you will be able to consult the links known as cancelation politics, the terms and conditions of applicable cancelation of tour and excursion.
Prestadora de servicios Kmino Mya SA de CV describes the general cancelation politics, refunds and changes, you can use this in almost all the transportation services:
CANCELLATIONS:
• All cancellations made less than 24 hours prior to the start time of the service will be charged in full unless otherwise supported by a medical note from a qualified doctor stating the valid medical conditions for which client cannot receive the reserved service (s).
REFUNDS:
• 100% of purchase price when cancellation is made more than 48 hours in advance.
• 50% fee of purchase price when cancellation is made between 24 and 48 hours in advance.
CHANGES:
All changes to the day/time of the same service shall be subject to the following conditions:
• No charges shall apply to change requests made more than 24 hours in advance.
• Some charges may apply when the request is made less than 24 hours in advance.
In case the refund proceeds based on the politics of cancelation, the amount to reimburse will be reflected in your account in the next 10 to 20 days depending on the bank process, principally the terms of your issuing bank. Prestadora de servicios Kmino Mya SA de CV keeps the right to hire via your account, the services you are referring to it is specified in the terms and conditions precisely in the quantity or category hired, referring to transporters, hotels and lessors, apart from the last provider of the services, unless it is agreed that the services will be provided by a determinate caterer. In case of a provider modification, this will be provided with an equivalent one, if you make use of this service, the modification will be understood and there won’t be any claim or refund.
The cancelation politics vary in festivities like Christmas, new year and Easter, if you want more information, please contact the adviser or the customer service department. In case the refund proceeds based on the cancelation politics, the refund feed will be reflected on your bank account in the next 10 to 20 days depending on the bank, mostly based on the deadlines on your issuing bank. For tour or land transport cancelation, -- at the moment of reserving, the available cancelation politics for a specific tour or land transport, will automatically show in the screen for your awareness.
COPYRIGHT.- You enunciatively recognize that all the texts, paragraphs, sentences, specific combination of worlds, letters or phonetic elements, graphics, icons of buttons, brands, logotypes, graphic designs, photographs, commercials, patents, commercial methods, specific combination of colors and forms, editorial materials, printed formats ,searching formats, digital downloads, data compilations, source codes, software and publicity that appear and function in this site have copyright and are property of Prestadora de servicios Kmino Mya SA de CV or of the respective provider, with ownership of economic rights, whom license and respective authorization are available and where provided for the sites use, thus you cannot copy, reproduce, republish, charge, publish, transmit, modify or distribute these rights nor the site’s content, without having previous written authorization from the Prestadora de servicios Kmino Mya SA de CV, except the download to look and print of the site’s material or download and print the information sent via email by the Prestadora de servicios Kmino Mya SA de CV.
PRIVACY AND SECURITY. – You manifest reading the PRIVACY AND SECURITY POLITICS of the Prestadora de servicios Kmino Mya SA de CV, the incorporated terms, and agree that all the terms are reasonable as well as your personal information being used by Prestadora de servicios Kmino Mya SA de CV and or the providers and distributers third parts according to the terms of the privacy policy of Prestadora de servicios Kmino Mya SA de CV and the reasons of use.
REVIEW OF DISSEMINATIONS.- Prestadora de servicios Kmino Mya SA de CV can monitor and review any transmitted or received information as well as censure, edit, suppress or ban the transmission or reception any information Prestadora de servicios Kmino Mya SA de CV finds inappropriate or violates this terms and conditions. During the duration of the monitoring, the information may be examined, recorded or copied and using this site you approve this monitoring and review. You also manifest that if you present any ideas, suggestions, commentaries, questions or upload any information to this site you agree with Prestadora de servicios Kmino Mya SA de CV having the unexclusive, without perks, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, translate, create derivative documents, distribute and exhibit said content in any way or technology. Prestadora de servicios Kmino Mya SA de CV is not responsible for any content you publish or present In the site.
LIMITATION OF RESPONSIBILITY.- Prestadora de servicios Kmino Mya SA de CV won’t be responsible, doesn’t assume any responsibility for any harm or virus it may cause on your computer or any other of your property due to the use, access or navigation of our site, or for the download of any material, data, text, image video or audio of this site. In case of special, accidental, indirect harm it may cause [i] the use of the site and its content , [ii] any failure or delay including the use or not being able to use the components of this site for reservations or ticket emission, or [iii] the functioning or in function of the provider included but without being limited of the non-functioning because of bankruptcy, reorganization, dissolution, declaration of insolvency or liquidation.
RESPONSIBILITY.- You must respond to any of the damages you cause to Prestadora de servicios Kmino Mya SA de CV, because of misuse or bad use you generate to the site, or any fraudulent operation with purposes other than the use of services, or any that go against the law and applicable regulations.
LINKS.- This site counts with links to other web sites witch are provided for the convenience not as backup to prestadora de servicios Kmino Mya SA de CV and they belong to the providers or distributers of the third part of the site. Prestadora de servicios Kmino Mya SA de CV is not responsible for the content of any other web site and doesn’t represent any other web site or web site’s content. If you decide to enter any other web site it is your responsibility.
WEATHER.- This site provides you information service and weather actualization, which is provided only for informative purposes. Prestadora de servicios Kmino Mya SA d CV is not responsible for any inconsistency, inaccuracy or information weather related, Prestadora de servicios Kmino Mya SA de CV is not responsible for any climate change, because it is out of absolute control prestadora de servicios Kmino Mya SA de CV, thus you recognize and free of any responsibility the Prestadora de servicios Kmino Mya SA de CV restrictively but not enunciatively about any claim, refunds, complain, compensation, credit, change, cancelation, inconvenience, bothers, accidents, wounds, diseases, physical or material loss, harms, detriment or affectation to you or your belongings, death and all the derivatives of weather conditions at any f the offered destinies by Prestadora de servicios Kmino Mya SA de CV.
MAPS.- This site provides google maps links exclusively for informational purposes, regarding locations of the diverse provided services by Prestadora de servicios Kmino Mya SA de CV. You agree that the maps shown in the site, as well as the service location, are only for localization an and ubieties, however, you are aware the by making use of the maps, you are subject to the terms and conditions respective to google maps, so you release prestadora de servicios Kmino Mya SA de CV of any responsibility having to do with the inconsistency of locations shown in the maps, you also release Prestadora de servicios Kmino Mya SA de CV of any disorientation, or any loss of location that you may suffer with the use of the maps , you release prestadora de servicios Kmino Mya SA de CV in an enunciatively manner but not restrictively from any changes, refunds, complain, cancelation, recharge, no show, claim, credit, compensation and any derivative of the inconsistency or inappropriate used of the maps published on this site and any property of google maps.
TRUE INFORMATION,- You recognize and accept total obligation and responsibility of providing truthful and correct information about gender, names or last names both of you and other users/tourists that accompanies or commissioned you for the use of this site, as well as full information for the itinerary formation and land and marine transport reservation [hotels, visits, rent cars, restaurants, cruises, etc.] releasing Prestadora de servicios Kmino Mya SA de CV from any responsibility of itinerary changes generated by badly informed data, or for any errors on the information provided by you for the purchasing of flying tickets, information such as age, gender, names, last names, dates, payment methods, routes, airlines, schedules, classes, categories, special conditions, etc., sticking to the cancelation formats for air, land, sea and cruise services expressed in this terms and conditions.
REGULATIONS AND CONDITION OF SERVICES.- You are committed to stick and respect the terms and conditions of the stablished services for each and every one of the service providers contracted by you via the Prestadora de servicios Kmino Mya SA de CV so that Prestadora de servicios Kmino Mya SA de CV makes the most important of its knowledge, however the provider can make of his knowledge new or additional conditions service conditions witch Prestadora de servicios Kmino Mya SA de CV has no responsibility and in consequence declines any breach responsibility. Likewise, you have to, by your own means provide your passports or migration documents required by the authorities of the united states of Mexico and the destiny, such as visa, health permits, and all the documents required by the air, sea, air, federal, state and municipal customs authorities that may result needed for your trip, releasing prestadora de servicios Kmino Mya SA de CV from any issue there may be with the authorities. In case of international travels you commit to arrive to the airport and document to the airlines with MINIMUM OF THREE HOURS of anticipation in international flights and TWO HOURS OF ANTICIPATION in national flights. Except for the expressed and written instruction that Prestadora de servicios Kmino Mya SA de CV receives, or any instruction of early arrive by the authorities already mentioned.
ANTICIPATION OR LIQUIDATION OF THE AMOUNT.- Both parts agree that the advance payment or liquidation of the amount from the services object of the present terms and conditions from your part, as well as coupons, tickets, courtesies, or any other document issued in your favor, implies your complete agreement of the terms and conditions.
ADDITIONAL AGREEMENTS WITH SUPPLIERS.- Prestadora de servicios Kmino Mya SA de CV stays out of any responsibility with the additional agreements and intermediations with prestadora de servicios Kmino Mya SA de CV that may have been done between you and the direct service provider, like air and land transportation, cruises, hotels, car rentals, etc.
DISCLAIMER OF LIABILITY
Prestadora de servicios Kmino Mya SA de CV as an internet reservation agency, provides reservation agency services as an intermediary between you and the direct provider or providers of the services form its site. Prestadora de servicios Kmino Mya SA de CV establishes commercial negotiations inside your own quality standards and services, such as, but not limited to,- hotel accommodation, land transport and other touristic activities like tours and excursions, choosing only the best and most prestigious providers in the market. However, any time the legal character of Prestadora de servicios Kmino Mya SA de CV is only to work as an INTERMEDIARY not as a direct provider of the services, Prestadora de servicios Kmino Mya SA de CV does and will not assume any responsibility generated between you and the provider of the final service and you agree to free Prestadora de servicios Kmino Mya SA de CV of any responsibility caused by a failure or breach from the direct provider or providers of the services, including breaches from the airlines, hotels, temporary lodging providers, shipping companies, any type of boats aquatic sports, rental car agency, transportation agency, tour operators, diving instructors, snorkel instructors, golf instructors, swimming with dolphins, fishing instructors, adventure and extreme sports , aquatic parks, ecologic parks, and any failure with all of the services that are directly given to you by the provider and not directly from Prestadora de servicios Kmino Mya SA de CV, nevertheless Prestadora de servicios Kmino Mya SA de CV will be able to provide information from the contact of the provider that has the issue in order to exercise the claim or take the way you feel is necessary. Prestadora de servicios Kmino Mya SA de CV as a reservation agency and intermediate agent, does not offer any guarantee about the provided services, nor guarantee their financial position or any refund occasioned by losses as result of the financial position of the provider, including without limitation, the economic insolvency or commercial solicitation the provider may be on. In case of the provider failing in compliance of any of the services, that you already payed, the only way the refund will proceed is directly with the provider that failed or you can, in some cases, request insurance coverage, unless the failure was made by Prestadora de servicios Kmino Mya SA de CV. Prestadora de servicios Kmino Mya SA de CV, does not assume any responsibility and you free of any reasonability the Prestadora de servicios Kmino Mya SA de CV from acts, omissions, or any type of complain or in satisfaction from the services of the provider announced in the site. In order that Prestadora de servicios Kmino Mya SA de CV has no control or legal relation with its personal, team, operation or coming. In case of the provider failing the presentation of their services you may intent any legal recourse against the provider, Prestadora de servicios Kmino Mya SA de CV guarantees the highest service standards and will take special care in the selection of the providers to avoid any type of failure.
Also, Prestadora de servicios Kmino Mya SA de CV is not responsible and you free of any responsibility having to do with [a] the veracity of the photographs shown in the site, because they are only a representation, they don’t guarantee that at your arrival, everything is exactly the same as in the picture and as described in the site. [b] the category called star from the services, are based in Prestadora de servicios Kmino Mya SA de CV and the providers interpretation and may vary with the categories from other places. [c] the descriptions of the travel services are upgraded by Prestadora de servicios Kmino Mya SA de CV at its best knowledge, but doesn’t guarantee that it will look the same at the time of your arrival. [d] any type of failure with your required documentation such as passports, visas, certificates etc. [f] any type of fail from you to follow travel instructions included, but not limited to departure times from the airport, dates and time for hotel arriving, coupon exchange policies etc. [g] for lack of financial conditions from the provider to develop the service [h] about the terms and conditions and/or provider’s policies. Prestadora de servicios Kmino Mya SA de CV wont assume any responsibility and you free Prestadora de servicios Kmino Mya SA de CV from any responsibility as well as any complain, expense, charge or lost you may suffer including personal or impersonal wounds and accidents, damage of personal belongings, loss of fun, anger, delusion, anxiety or frustration mentally or physically, being result of. –
i. Any miss or fail from the service provider assigned
ii. Any miss or fail from you at the moment of using the services
iii. Any miss or fail from you at the moment of delivering or following the terms and conditions, politics, instructions, recommendations, security measures etc. from the final providers.
iv. Cases of force majeure or acts of god like. - strikes, arrears, earthquakes, wars, hurricanes, snow etc. [which cannot be attributed to Prestadora de servicios Kmino Mya SA de CV]
v. Acts or omissions that are not from Prestadora de servicios Kmino Mya SA de CV
vi. Diseases, stealing, labor disputes, mechanical falls, quarantine, governmental actions, weather or any other cause that doesn’t depend on Prestadora de servicios Kmino Mya SA de CV
vii. If you dint show up to any type of travel, tourist activity, tours, excursions, air land or sea transportation, under special medical conditions that may not be the best to perform the activities, as well as any extreme sport that may be dangerous and where done under your knowledge, or in case of suffering from any diseases, allergies, medical conditions or incapacity, being under meds or resting advice et, will be under your own risk freeing Prestadora de servicios Kmino Mya SA de CV from lawsuits, complain, nonconformity, reward, compensation, curtesy or anything having to do with the service or activity that prorogued the accident.
viii. Any other event that is not under Prestadora de servicios Kmino Mya SA de CV control. Any complain or notification against Prestadora de servicios Kmino Mya SA de CV must be received 14 days after the trip, Prestadora de servicios Kmino Mya SA de CV keeps the right to turn down a tourist anytime, Prestadora de servicios Kmino Mya SA de CV keeps the right to cancel or move the activities and reservations under discretions, but in some cases it will be traded with similar services, you are responsible of the final check of the provider, and make sure it provides the special services you may need like special access, and all the commodities you may need, we suggest you do that before the reservation. You are responsible of reading and sticking to the terms and conditions, and or the providers policies.
The final refund won’t be proceeded in case the trip is cancelled, interrupted, or postponed from Prestadora de servicios Kmino Mya SA de CV for reasons out of its control [cases of major force, like weather, earthquake, hurricanes, terrorism, etc.] from contractual obligations by Prestadora de servicios Kmino Mya SA de CV with the providers not allowing the refund. In any case, with Prestadora de servicios Kmino Mya SA de CV discretion
You will be able to keep 8 percent of the total fee like an administrate expense. in spite of the lack of communication between Prestadora de servicios Kmino Mya SA de CV and the providers, it is possible that the validity of the prices has expired or comes from wrong information from said providers, however Prestadora de servicios Kmino Mya SA de CV takes precaution of verifying the feeds of each reservations. In case the right prices is lower, Prestadora de servicios Kmino Mya SA de CV will stay with the lowest price. In case it is higher your adviser or the customer service department assigned will get in touch with you to work it out, telling you the right quantities or making the cancellation, expressively demarcated Prestadora de servicios Kmino Mya SA de CV and the providers from any responsibility. Prestadora de servicios Kmino Mya SA de CV keeping Prestadora de servicios Kmino Mya SA de CV out of any responsibility or mayor compromise in case of total refund.
TERMINATION. - Prestadora de servicios Kmino Mya SA de CV is able to end this terms and conditions any time during the services without the need of a warning, for any case or reason including inappropriate use of the site or not breach of the terms and conditions. However, it won’t affect any right or obligation from Prestadora de servicios Kmino Mya SA de CV by you once the reservation is done.
ASSIGNMENT. - You cannot give, subcontract, or deny your rights, obligations or duties given here.
DIVISIBILITY. - These terms and conditions are divisible. In case you consider any term or condition forbidden or unaffordable, such provision has nevertheless been obligatory and it won’t affect the validity of any disposition.
TITLE. - The titles used in terms and conditions are only for your convenience and they won’t limit in any way the content of the terms and conditions
TOTAL AGREEMENT. - The following terms and conditions, that are included here or the ones it is talked about. Are reference to the total agreement, it substitutes any established relationship with the objects, or any contrary contract from the same object, it won’t be modified, only if the modifications are presented in paper and are available in the site.
APPLICABLE LEGISLATION. - The terms and conditions are based on the Quintana roo laws. You manifest your agreement to the contract, witch terms and conditions are a faithful representation of your will, and are submitted to the procuraduria federal del consumidor, on the administrative route, as conciliatory instance, to solve any differences that may occurred, and in case of having any you agree to submit to competitions of the leyes y tribunales de Cancun, Quintana roo, under exclusive jurisdiction, quitting any jurisdiction having to do with your present homes or homes in the future, also your nationality. As long as the law accepts it, any complain, or cause of action that is related to the access or use of this site have to be presented at least after a year of the complaint.