Dear User, you are on https://www.puntacanaadventures.com – a website owned and operated by PCA Ventures Inc ( «Service/Services», «Website», «Company», «We», «Us», «Our»). These Terms of Use should govern relationships between Users and PCA Ventures Inc.
Please, read these Terms of Service carefully before using the Website. If you do not agree with any part of this Terms of Service, please stop using the Website immediately.
- DEFINITIONS
- Company – PCA Ventures Inc., a company duly registered under the laws of the State of Delaware, with principal office at 651 N Broad St, Suite 201, Middletown, DE 19709, USA.
- Services or Service – access to our Website https://www.puntacanaadventures.com, including searching tours and all relative information represented on the Website, feedback services as well services of scheduling and booking the following activities: excursions & tours, hotel pickups, group tours, private boat, and airport transfer services (“Activity”); other services that the Company provides together with its affiliates, officers, directors, employees, agents, and subsidiaries.
- Scheduling – planning and arranging travel activities in Punta cana and surrounding areas.
- Terms – Terms of Use of the Website. May be referred to as «Agreement» regarding the consent of the User with Terms.
- Third-party supplier(s) – activities supplier(s) with whom The Company has contractual relationships, such as local vendors, tour operators, travel agencies, etc.
- User(s) – Website guest, Company’s customer, other persons using Website. May be referred to as «You».
- Website – the Company’s website hosted on the domain https://www.puntacanaadventures.com.
- SUBJECT OF THE AGREEMENT
- This Agreement is concluded between the User and the Company. By using the Services, you agree to these Terms and state that you carefully read and understood the Terms.
- If you don’t agree with the terms of this Agreement, please, stop using the Services. The Company forbids Users to use the Services without consent with the Terms.
- These Terms of Use govern your relationship with us in respect of your use of the Services, including any bookings that you make of any tour, ticket, attraction, activity and/or experience that is advertised on the Website and is made available by third party suppliers.
- The Company offers Services on the Website which have the following purposes:
- to help Users obtain information on the travel services offered by other companies, schedule and book such services;
- to inform Users of the activities possible in Punta Cana and give general information about Punta Cana;
- to showcase services and activities available in Punta Cana.
- The User can only use the Services from the Company for personal, non-commercial use and/or to make legitimate requests to scheduling and booking activities. You can’t use the Website for performance, functionality checks, or other competitive purposes as well as for making any speculative, false or fraudulent requests or bookings. Any usage which contradicts normal Website usage, violates legitimate purposes of the Company and is prohibited.
- The effective date of this Agreement should be the date of the User’s consent with these Terms.
- If any provision of this Agreement appears illegal, void or unenforceable under applicable law or is determined by the appropriate court decision; such circumstance shall not render the entire Agreement illegal, void, or unenforceable.
- The original of these Terms is in English; thus, the English version should govern the Company’s Website and Services provision if any discrepancy occurs.
- UPDATES ON THE WEBSITE AND SERVICES
- In its sole discretion, the Company maintains the right to alter, suspend, or discontinue the Website (or any portion of it or associated material) at any time and for any reason without prior notice.
- In connection with maintenance and upgrades, the Company may eventually restrict access to the Website at its sole discretion.
- If the Terms change, the User must accept the Revised Terms to access specific areas of the Website, perform specific functionalities, and view particular web pages.
- The User acknowledges that the User is in charge of keeping track of updates to the Website. The Company tries its best to disclose any new information on modifications to the Website’s Terms, but the User is responsible for independently checking the Terms each time accessing the Website for updates. The User must comply with any changes to this Agreement as soon as they are made and published.
- Any change, suspension, or termination of the Website or its content shall not subject the Company to any liability to the User or any third person.
- The Company is not responsible for communication problems caused by the failure of servers, routers, networks, etc., of third-party data centers or Internet providers (Providers) of the User or a specific Provider selected by the User, which prevent access to the Website.
- SERVICES PROVISION
- The Company promotes tours and excursions on the Website, provides information on the activities available in Punta Cana and enables Users to look for, pick, and reserve tours and excursions of the third-party suppliers.
- The Company offers scheduling of tours and excursions, feedback, support and informational services about offered Services.
- The Company provides the aforementioned Services with reasonable care and is responsible unless otherwise stated. BUT USERS ACKNOWLEDGE THAT THE COMPANY IS NOT A TOUR OPERATOR OR TRAVEL AGENCY; THUS, IT DOES NOT OWN OR OPERATE ANY BUSINESSES THAT DIRECTLY PROVIDE EXCURSIONS & TOURS, HOTEL PICKUPS, GROUP TOURS, PRIVATE BOAT, AND AIRPORT TRANSFER SERVICES.
- The Company is not affiliated in any way with third-party suppliers; their services are represented on the Website as is and may be different from the pictures published on the Website. The Company is not responsible for Users’ experience with such third-parties services.
- The User’s ability to access the Website may be restricted because of the following:
- planned maintenance.
- Any unavailability resulting from factors outside the Company’s reasonable control, such as, for instance, natural disasters, government actions, floods, fires, earthquakes, civil unrest, terrorist attacks, strikes or other labor issues, or the Company’s inability to deliver the services due to third party’s negligence (e.g., Internet service provider failure, delay, or denial of service).
- Regardless of the specifics of the User’s usage of the Services, the Company provides the Services in compliance with laws and regulations that apply to the Company’s provision of Services to its Users generally and subject to the User’s use of the Services in accordance with this Agreement.
- The Company has no control over the User’s behavior concerning his usage of the Services or any other aspect of the services that the User offers or gets.
- By using our Services Users agree with the right of the Company to use any feedback on the Company’s Services available on any site and use such reviews to show on the Website.
- PRICES FOR SERVICES
- The rates published on the Website are only valid at the time of the quotation; are guaranteed upon receipt of payment. All reservations are subject to availability and cannot be guaranteed until full payment has been received.
- The prices for third-party suppliers’ services represented on the Website are established by the individual third-party supplier, the Company does not control them; thus, the Company is not liable for any changes in the cost of those services.
- A reservation is considered complete when it provides you with a confirmation number, and the corresponding charge is applied.
- When booking, you consent to the use of your credit card number for payment and confirm that you acknowledge and accept our reservation policies, payment, and cancellation disclaimer.
- You agree to accept the conditions and charges associated with your selected rate by completing your reservation. Currency conversion rates confirmed in USD may be converted to local currency through the Website using the selling exchange rate in effect at the time of such transaction and are subject to exchange rate fluctuations.
- Credit card charges are subject to additional currency conversions by banks or credit card companies, which are not within the Company’s control and may impact the amount charged to your credit card.
- To validate your reservation, the person who paid for this service must present a valid photo ID and the credit card that payment was made with when you check-in for your reserved service.
- Using the «Reserve Now & Pay Later» feature, you can book excursions & tours and pay when you are ready, but not later than three days before the day your activity occurs. There are no added costs. You will hear from the Company before the activity date. You must use a debit or credit card to make your payment on that day if your action takes place within the next three days.
- You can also pay in cash during pick-up (not available for Scape Park, Monkeyland, Zip Line adventure, Cultural Safari, Triple ATV adventure, Caribbean Pirates, or any dolphin activity).
- If you select «Individual Group Payment», you will get an individual group payment link that you can share with everyone who is taking part.
- After the booking, the Company will send you a confirmation email, a full itinerary of all booked activities, along with instructions, recommendations, vouchers, and your assigned representative’s direct contact information.
Cancellation Policy
- To change the reservation, the User can contact the Company under the Section «Feedback» but in any case no later than 24 hours before the date and and start time of the activity.
- If you book and then cancel an Activity that will take place in less than 24 hours, there will be no refunds; however, we will offer to reschedule for free.
- No refunds will be issued to the User who fails to arrive at the pickup location on time and does not reschedule Activity in time. No refund will be issued if the User cancels a previously rescheduled activity.
- Activities may be rescheduled or canceled by third-party suppliers due to weather conditions or unexpected circumstances. We will notify you and work with you to reschedule. The Company is not responsible for such circumstances.
- Full refunds will be made to Users who purchased Activity that get canceled if the Users are not willing to accept other Activity, offered by the third-party supplier or reschedule it, and purchased Activity was canceled in 24 hours before the Activity date. Refunds will be sent to the same bank account as was used for the original order. Depending on your payment method, allow anywhere from 3-10 business days to get a refund.
- If the customer books and subsequently cancels their activity on the same day, we reserve the right to charge 20% of the booking amount.
- PAYMENT PROCESSOR
- We may use a third-party payment processor to provide the Services. The processing of payments will be subject to the Terms and Conditions and Privacy Policies.
- We do not control and are not liable for the security or performance of the payment processor.
- You agree to make payment using the payment method you provide with your Booking & Billing Details.
- PRIVACY POLICY AND COOKIES NOTICE
- The User’s personal information will be used in accordance with the Privacy Policy if you publish it online or submit it in another way in connection with the Services. Please, read the Privacy Policy here before accessing the Company’s Services.
- These Terms must be interpreted along with the Privacy Policy, which is an integral part of the Terms, and in case of the User’s disagreement with the Privacy Policy, the User shall cease Services usage of the Company.
- INTELLECTUAL PROPERTY
- The Company alone is the sole owner of the Website and its every component.
- Any literary or artistic works, computer programs, databases, other works in the sense of the Paris Convention for the Protection of Industrial Property, the Berne Convention for the Protection of Literary and Artistic Works, other features, functionality (including, but not limited to, all information, text, images, video, audio, as well as their design), All rights reserved.
- Except for the restricted rights specifically outlined in this Agreement, the Company retains all rights, titles, and interests in the Services and all related intellectual property rights. Under this Agreement, the User is only granted those expressly granted rights.
- The User recognizes, comprehends, and agrees that the Company is the exclusive owner of all intellectual property rights, with the exception of any personal information covered by the Policy. According to the Terms, it is forbidden to use any trademarks without authorization.
- The User hereby provides the Company with a perpetual, irrevocable, royalty-free license to utilize and incorporate any suggestions, requests for changes, comments, corrections, or other feedback regarding the operation of the Company’s Services and/or the Company given by the User or by Users into the Company’s services.
- Copying of works, including but not limited to the Website code, Website design, articles, video content, and videos themselves, is not permitted. Unauthorized or inappropriate use of the Website or its content that violates the terms is also forbidden. Videos and articles published on the Website or other third-party websites may only be used with a link to the Company’s Website or the website of a third party who has permission to use the Company’s materials.
- If the User violates the requirements of this section, his access to the Website may be immediately terminated, and he will also be liable in accordance with the applicable laws. The Company retains all the rights for the information published on the Website.
- THIRD PARTY SERVICES
- On the Website, the Company may post links to websites owned by other parties. For instance, establish links to the Company’s pages in external social networks or upload content using other services.
- These links are provided for the User’s convenience. We do not endorse, monitor, or have any control over these Third-Party Services, which have separate Terms and Conditions and Privacy Policies. The User must read the Terms of Use and Privacy Policy of third-party services before using them. The Company is not accountable for the information that third parties gather about Users, the content of their websites, or any other acts.
- LIMITATION OF LIABILITY
- The Company strives to make use of the Website convenient. Despite this, the Company disclaims all liability for any improper use of the Website by Users. There may be technical or typographical errors in the material put on the Website on an «as is» basis. Users should not make any business decisions relying on the information published on the Website since the Company makes no representations or warranties regarding the published data’s accuracy.
- You use the Website at your own risk and responsibility. The Company cannot control what the User does on the Website and is not responsible for it.
- The Company does not guarantee that the operation of the Website will be appropriate, accurate, or available for use in any specific area. Any information posted on the Website is accurate only when published and might not be accurate when the Website is used in the future. The Website might only be available in some languages or some countries.
- THE SERVICES MAY NOT BE SECURE OR UNINTERRUPTED. THE USER ACCEPTS THAT THERE WILL ALWAYS BE SOME RISKS TO SECURITY, AND PRIVACY. THEREFORE, THE USER GUARANTEES NOT TO CLAIM FOR EVENTS BEYOND THE COMPANY’S CONTROL.
- The Company shall not be liable for verifying Users’ identities. The accuracy, relevance, and confidentiality of submitted information by Users is the sole responsibility of Users.
- The Company shall not be liable for the accuracy of the photos, videos, information about tours, excursions, or other Services provided by third-party suppliers. All this information is relevant only to the date of the publishing. Information on the prices shall be governed by the Section «Prices for Services» of the Terms, with all the disclaimers on the relevance of prices. Photographic material published on the Website is intended to create a general description of the services; however, it does not guarantee that the service will be supplied exactly as depicted.
- Descriptions of Services are continually updated to maintain an accurate depiction of the activity. Nevertheless, the Company cannot be held accountable for variations occurring upon your arrival.
- Since the company is not a tour operator or travel agency and does not own or operate any businesses that provide or arrange excursions & tours, hotel pickups, group tours, private boat, and airport transfer services, the company does not have any control over third-party suppliers that are independent contractors but only makes arrangements for sightseeing or any other services and does not assume any liability whatsoever for any injury, damage, death, loss, accident, partial cancellations or delay to a person or property due to an act of negligence of, or default of any supplier or person rendering any of the services included in the tour. The user hereby waives any claim against the company and its affiliates related to the service purchased.
- In the event of any delay, cancellation, overbooking, strike, force majeure, or other circumstances beyond the Company’s direct control, the Company shall not be liable and shall not provide any refund. Additionally, the Company shall not be liable for any additional costs, mistakes, delays, detours, or actions of any authorities or governments.
- THE COMPANY DOES NOT WARRANT THAT, EITHER:
- YOUR COMPUTER, RELATED HARDWARE, AND RELATED SOFTWARE, AND THE SERVICES, WILL BE COMPATIBLE;
- THE AVAILABILITY OF THE SERVICES, THEIR UNINTERRUPTED OPERATION, LACK OF ERRORS, OR THE CORRECTION OF ANY ERRORS;
- ACCURATE, COMPLETE, SEQUENTIAL, OR TIMELY INFORMATION WILL BE AVAILABLE ON OR THROUGH THE SERVICES;
- THE COMPANY WILL STORE ANY USER INFORMATION.
- The User undertakes to use the Website with all appropriate security precautions and not rely on the Company.
- The User is aware that any website is susceptible to virus attacks, information tampering, and other circumstances out of the Company’s control.
- By using the Website, the User unilaterally releases the Company from all liability and agrees not to bring any legal action against the Company. The User agrees not to make any claims for damages incurred as a result of using the Website.
- USAGE RULES
- The User agrees to use the Website in accordance with these Terms, to bear full responsibility for any actions on the Website, and shall not in any way use anything of the Services which in any respect:
- is untrue, deceptive, or in any other way hurtful, illegal, threatening, abusive, defamatory;
- constitutes or encourages criminal activity, would give rise to civil liability or violate the laws, rules, and/or regulations that are relevant;
- may breach property rights of third parties, such as, but not limited to, information or materials that violate the privacy and confidentiality rights of others, trade secrets, industrial designs, patents, copyrights, and other legally protected information;
- may disrupt Service, including sending the Company within feedback or publishing on Website any marketing materials without the Company’s prior written consent, such as spam, fraudulent emails, unsolicited mail, and other similar forms of solicitation;
- The User is required to use the Website for the purposes for which it was created. Any additional unlawful or unauthorized use of the Website constitutes a breach of the Terms, for which the offending User shall be held liable in accordance with the applicable laws.
- In particular, the User agrees to refrain from the following:
- fraudulent acts;
- alterations to any website pages;
- unauthorized access to the site or its code;
- violations of copyrights or other intellectual property rights (including without limitation copyrights, trademark rights, and broadcasting rights), privacy rights, or other rights of the Company or any third party;
- Do not copy, modify, create derivative works from, download, adapt, reverse engineer, emulate, transfer to other services, translate, compile, decompile, or disassemble our Services or any part thereof
- Do not probe, scan or test the vulnerability of our Services or any network connected to our Services;
- Not take any action that unreasonably or disproportionately stresses the infrastructure of the Services or the systems or networks connected to the Services, or otherwise interferes with or disrupts any of the Services or the servers or networks that host or make them available, or violates any requirements, procedures, policies or rules of such servers or networks;
- creation of derivative works of any information or materials;
- impersonate another person;
- make copies of the site, utilize the site’s code, or take other acts with the site’s code or other services listed on the site;
- restrict or prevent any other user from using the site;
- use bots;
- bypass security measures;
- overload the site;
- engage in attacks;
- interfere in any other way with the normal operation of the services;
- use programs that may be intended to damage, maliciously interfere with, secretly intercept, or expropriate any system, data, or personal information;
- act contrary to any specific rule or requirement that the Company establishes.
- These rules of conduct and a list of prohibited uses are not meant to be exhaustive. We reserve the right to determine what conduct We consider to be a violation of these Terms or improper and the appropriate action to take.
- As a User, You agree that You are responsible for compliance with any applicable local laws that may apply to Your use of Our Services.
- WEBSITE ACCESS TERMINATION
- In the event that the User violates the Terms or takes any other acts that may result in a violation of the Terms, the Company has the right to immediately terminate the User’s access to the Website at any time and without notice, penalty, or obligation to the User or any third party.
- This remedy is in addition to any other rights or remedies that may be available to the Company in the event that the User violates these Terms, not in place of them. When these Terms are terminated for any reason, the following clauses will remain in effect: Confidential Information, Intellectual Property, Limitation of Liability, Applicable Law And Dispute Resolution.
- APPLICABLE LAW AND DISPUTE RESOLUTION
- Any disputes must be settled by making prior email contact or by using other means of communication stated in the Section «Feedback», with the feedback service within 30 days.
- If unsettlement occurs, such disputes should be resolved under the laws of the State of Delaware.
- PCA Ventures Inc., a company duly registered under the laws of the State of Delaware, is the owner and operator of this Website. The laws of the State of Delaware should govern this Agreement and any dispute resolutions regarding the usage of Services. By consent with these Terms, you agree to submit to the exclusive jurisdiction and venue of the courts in the State of Delaware in any legal issues you or any third party may have over the use of the Services, regardless of whether those disputes are related to a contract or not.
- If any clause or covenant of this Agreement shall be unenforceable or invalid under applicable laws or be held by the applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole.
- FEEDBACK
Users can get in touch with the Company via email at care@puntacanaadventures.com, by using the «WhatsApp» button, or by using the chat widget on the Website.
15. Reserve Now & Pay Later: Payment Processing Terms & Conditions
Payment Timing: Your payment will be processed three days before the scheduled activity date, adhering to Eastern Time (US East Coast). For example, if you reserve an experience in Punta Cana that starts at 1 p.m. on Tuesday, November 5th, we will process your payment on Saturday, November 2nd, at any moment within that day.
Start Times: In cases where an experience does not have a defined start time, we will process your payment three days prior to the activity date. Therefore, for an experience scheduled in Punta Cana on Tuesday, November 5th, the payment may be processed anytime on Saturday, November 2nd.
Security Assurance: We prioritize your financial security. At no point do we store your credit card information in unencrypted form, nor do we manage your payment data directly. All payment details are encrypted and securely handled by our authorized payment processor, ensuring the protection of your sensitive information.
Notification: You will be notified by email once the payment has been successfully processed, along with a payment receipt for your records. In the event your card is declined, we will issue an invoice as a preliminary step before considering the cancellation of your booking. Please note, if payment is not received 24 hours prior to your activity’s scheduled pickup time, we reserve the right to cancel your reservation.
Last-Minute Bookings: If you book an activity for a date that falls within the range of the next three days, we will charge your card immediately. For example, if the activity is scheduled for tomorrow or in less than 48 hours, we will process the payment as your booking activity date falls within the three-day range.
By proceeding with your booking, you acknowledge and agree to these payment terms and conditions. These terms are intended to provide clear expectations and protect both parties involved in the transaction. Your understanding and cooperation are greatly appreciated.