Terms and Conditions and its acceptance.
Denomades, holder of the website www.denomades.com (hereinafter the 'Website') is a company dedicated to administrating the booking and selling of tourist services, such as activities, excursions, guided visits, accommodations and tour packages (hereinafter, the 'Services') for those users that might be interested in hire these Services. Denomades makes available for the users the Website, through which a natural or legal person (hereinafter the 'User') will be able to book the Services.
When entering the Website, this is access, see or use the material, content or accessible services through this, the User demonstrates that understands and accepts the Terms and Conditions, which define the rights and obligations of Denomades and the User for hiring the Services.
These are the only Terms and Conditions applicable to the use of the Website (without prejudice that, for any given Services might exist special conditions) and hiring the Services, and replace any other conditions, except prior agreement and in writing between Denomades and the User.
Object of the Website.
Denomades has developed the Website to offer to the User a booking service for activities, excursions, tour packages, hotel service, flights and transport in Latin America, for one or more passengers (hereinafter the 'Passenger').
Denomades also gives free Latin American area travel guides to its users, that have pictures and varied information about interesting places. The access and query of these free guides only will be able online, and its commercialization is forbidden, so the users accepts and is responsible for its misuse and not authorized use.
Denomades informs that the offered services are provided for third companies, partners of Denomades (hereinafter the 'Supplier'). Therefore, Denomades is exclusively limited to offer through the Website a booking service of tourist services, which are executed directly by the Suppliers.
The User, at the moment in which the booking is made, will establish a direct contractual relationship with the Supplier with which he or she booked the activity or transport. Denomades will act only as an intermediary between the User and the Supplier, limited to transmit the relevant data of the booking to the Supplier and sending to the User a confirmation e-mail of the booking on behalf of the Supplier. The User declares that, as Denomades is a simple agent between the company or companies that provide services offered on the Website and the User, Denomades has no further responsibility other than those of an intermediary agent, not having the User the possibility to imply that Denomades is the service provider under no circumstances.
The information showed by Denomades through its Website for the Services' provision is based, on any case, in the information given by the Suppliers.
Every Services' booking (tours, transports, programs and others) is made exclusively through the Website (hereinafter the 'Booking'). It’s the Users' responsibility select correctly the service when booking, as well as the date, time and how many passengers, not having refund or rescheduling possibility in case he or she has made a mistake.
All Bookings are subject to confirmation once the online payment is made. The corresponding confirmation is sent within 48 hours in case of Services that last until one day, within 7 days in case of Services that last more than one day, according to the availability of places, minimum of passengers and weather conditions expected for the Services' booked, among other reasons that affect the administration of every Booking. For Bookings made less than 48 hours in advance, the confirmation is sent until the day before the requested date. In case a Service cannot be confirmed for a date and/or time requested, alternatives for close dates and/or times available will be offered, or the total refund of the payment in case the passenger do not want any of the proposed alternatives.
It is possible to use the Services exclusively in the dates, times and places indicated in the Booking confirmation e-mail, not having the possibility of refund nor rescheduling in case of no show or not use of the Services, even if it was for health issues or reasons of force majeure.
Considering that Denomades do not make refunds nor rescheduling for no use of the Services because of health issues or reasons of force majeure, it is recommended traveling with a travel insurance that covers cancellations in those cases.
Cancellations, rescheduling and changes on the part of the passenger.
All cancellations or rescheduling must be asked by the User that made the booking, exclusively by e-mail at email@example.com or entering the request in https://www.denomades.com/en/changes-cancellations . The possibility of cancellation without cost will be always subject to the cancellation policy of the Service, while the possibility of rescheduling will be always subject to the rescheduling policy of the Service, as well as the availability of the new requested date. All bookings made with less notice than the deadline specified in the service cancellation policy, have no possibility of cancellation without cost or rescheduling.
Under the terms of Article 3 bis letter b) of the Law 19.496 about the Protection of the Consumer Rights in Chile, the sales made on the Website are not covered by the right of cancellation.
Cancellations, rescheduling and changes on the part of the local Supplier.
The Supplier will be able to suspend a Service with anticipation or even the same day that the Service is delivered, due to weather conditions or reasons of force majeure (natural disasters, road accidents, demonstrations, not planned parks' closing and transport technical failures, among others). In the face of any suspension of this kind, the possibilities of rescheduling and cancellation without cost will be subject exclusively to the Supplier’s own policies.
The characteristics of a Service, as well as the visiting places, visiting times of every stop, the itinerary order and the start and end time of the Service, could have modifications without prior notice, due to weather conditions, reasons of force majeure, change in the times of the connection transport outsourced (catamaran, ferry or train, among others), or because of the time that might take a border crossing, in case of the cross-border Services. In the face of any change of this kind, there will be no refund (total nor partial).
Periods and forms in which refunds are processed by Denomades, that vary depending on the payment method used by the User at the moment of booking, are detailed as follows:
- WebPay (credit card): for payments made with credit card through Webpay, the refund will be reversed directly to the card, within the next 7 days.
- Redcompra (debit card): for payments made through debit card issued in Chile, the refund will be through bank transfer to a Chilean account, within the next 7 days.
- PayPal: for payments made with credit and/or debit card through PayPal, the refund will be made to the same card with which the payment was made, within the next 7 days. Sometimes, PayPal could make the refund as a balance in favor in the User's PayPal account.
- Mercado Pago: for payments made with credit card through Mercado Pago, the refund will be reversed to the same card used for the payment, within the next 15 business days. Sometimes, Mercado Pago could make the refund as a balance in favor in the User's Mercado Pago account. From there, the User will be able to request a withdrawal to its Chilean account through a bank transfer, without cost for the User.
- Culqi: the refund will be reversed directly to the card in a period of 5 business days for payments with credit cards through Culqi. For payments made with debit cards, the refund will be with bank transfer to a Peruvian account, in a period of 7 days.
- Bank transfer and deposit in Chilean pesos: for payments made through bank transfer or deposit in Chilean pesos, the refund will be through a bank transfer to a Chilean bank account, within the next 7 days.
- Bank transfer and deposit in Peruvian soles: for payments made through bank transfer or deposit in Peruvian soles, the refund will be to a Peruvian bank account within the next 7 days.
The indicated periods correspond to the administration on the part of Denomades. Since then, the refunds might take additional days depending on the payment process and credit card issuing bank. Refunds will be processed always with the currency you used to pay, and the exchange rate will be the one used at the moment the reservation was made. Denomades does not process payments in different currencies from those published and is not responsible for variations in the exchange rate in case the issuing bank of a card processes the payment in another currency.
In case there is no possibility to make a refund to a credit and/or debit card, whether it is because the transaction is too old or because it is a debit card issued in countries not indicated before, or for any other reason, the refunds will be in American dollar (USD) through a PayPal account. In case the refund amount through PayPal is in a different currency than American dollar (USD), the exchange rate of the day will be used to convert the amount to USD and make the equivalent transfer.
Physical condition, clothing and equipment.
The Website indicates the restrictions and conditions that Users must meet, along with the equipment and clothing that the Users must have for every service. In case a passenger does not meet the restrictions and conditions, or do not have the required physical condition, clothing and/or the equipment required for the use of the Service, and that prevent in a partial or total way the use of this, there will not be refund at all nor possibility to reschedule the Booking.
Entrance to parks and natural reserves.
The prices of the entrance fees to parks not included in the price of the Service are determined by the parks themselves and are subject to change without prior notice.
It is responsibility of the passenger taking note of the rules of every park and strictly meet them. The passenger must assume all associated responsibilities and costs of an expulsion or fine because of not meeting a rule.
Any permission for the use of an electronic article (drone, tripod or other), which are not allowed except under specific permission, must be asked and managed exclusively by the passenger.
Care of belongings.
Passengers are the only responsible of caring their belongings and personal objects during the use of a Service, and not taking with them great cash amounts or objects with great value. Denomades will not be responsible under any circumstance if an object or money is lost.
For a Service that considers a border crossing, it will be the User's responsibility having the travel documents required according to the country of origin (travel document, immigration card, tourist visa, reciprocity tax, invitation letter and/or certificate of criminal record, as appropriate), be duly authorized to cross the border (without a restriction order or any other condition that prevent it) and, in case of be traveling with a minor, having all the corresponding documents and legal permissions. In case the User cannot cross the border because he or she does not meet some of the points above mentioned, there will be no possibility of refund nor rescheduling and will be the User's responsibility to pay for the transport from the border crossing to the place where the Service started.
Misuse of the platform.
It is not allowed to use the Denomades' Website nor its booking process of Services for ends other than booking and use of tourist services. Any other misuse of the platform is strictly forbidden, and it will be legally prosecuted.
The Website is property of PBM Turismo SpA, RUT 76.342.261-5, domiciled in 5277 Los Militares St., Las Condes, in Santiago, Chile. The legal representative is José Puentes, the contact e-mail is firstname.lastname@example.org and the phone is (56) 229551857.
Domicile and dispute settlement.
For the purposes of this contract, the parties establish their domicile in Santiago, Chile. Any trouble that might be between the parties because of the application, interpretation, compliance, non-compliance, validity or resolution of this contract, will undergo in the Tribunales Ordinarios de Justicia (ordinary courts of justice) of the city and commune of Santiago, Chile.