Terms & Conditions
This service is operated by Yoomondo Ltd (“Yoomondo” or “we” or “us” or “our”) and you are contracting with Yoomondo Ltd.
You are using this service as a Consumer.
Yoomondo provides an online platform that connects customers with tourism businesses (collectively, the “Services”). The Services are accessible at www.puntacanahero.com and any other websites through which Yoomondo makes the Services available (collectively, the “Site”).
By using the Site, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms”), whether or not you become a registered user of the Services.
We use your data in order to verify your identity and deliver the Services, as outlined in our Privacy Policy at http://www.puntacanahero.com/privacy-policy
The Services allows customers (“Consumers”) to connect with businesses (“Businesses”) that provide a very limited range of services including accommodation, tourism guides and tourism activities (collectively, “Tourism Services”).
By using the Services, you understand that Yoomondo is authorised to negotiate and conclude the sale of goods and services on behalf of Businesses.
Yoomondo’s responsibilities are limited to: (i) facilitating the availability of the Site; and (ii) acting as the agent for each Business for the purpose of negotiating and concluding bookings and accepting payments for Tourism Services from Consumers on behalf of each Business; and (iii) issuing specific payment instruments which can only be used to acquire Tourism Services from a specific Business.
You understand and agree that Yoomondo is not a party to any agreements entered into between Consumers and Businesses. Nor is Yoomondo a provider of Tourism Services. The Business, not Yoomondo, is solely responsible for honouring any confirmed bookings and making available any Tourism Services booked or paid for through the Site, Applications and Services.
Yoomondo does not endorse any Consumers, Business or Tourism Services. By using the Site, Applications or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of Consumers, Businesses or other third parties will be limited to a claim against the particular Consumer, Business or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Yoomondo with respect to such actions or omissions.
When a Consumer makes a booking for Tourism Services (a “Booking”) through the Site, Applications or Services, Yoomondo will act as the Business’s agent to negotiate and conclude the sale, and will collect a payment (“Total Payment Amount”) to cover a certain value of Tourism Services (the “Services Amount”) on behalf of the Business and a service fee payable to Yoomondo (the “Consumer Service Fee”).
The Business will receive payment for the Services Amount after the Tourism Services have been fully delivered to the Consumer, and Yoomondo has received confirmation of this via the Site or direct electronic communication. Payments will be made within a commercially reasonable time, typically within 30 days of the receipt of such confirmation, by direct transfer to the Business’s bank account.
If the Business cancels a Consumer’s Booking, the Consumer will receive a full refund of the Total Payment Amount within a commercially reasonable time, and the Business will not receive payment for the Services Amount.
If, as a Consumer, you cancel your Booking, the cancellation policy, as displayed at the time the Booking was made, will apply.
In the event of a dispute between a Consumer and the Business, Yoomondo reserves the right to judge whether or not a Booking may be deemed to have been cancelled.
Yoomondo is responsible for dealing with support requests or disputes relating to the use of the Site and Services, relating to Bookings and relating to payment of the Total Payment Amount. You can contact Yoomondo by email at info@puntacanahero.com, or by phone at +1 (202) 852-6520.
We expect you to use Yoomondo for its intended purpose. You agree not to use the service for any fraudulent or criminal purposes, for any goods or services other than Tourism Services, or for any other purpose that we deem to be inappropriate. We reserve the right to terminate your use of the service for any reason in our absolute discretion, without further liability to you.
Intellectual Property
The Service and its original content, features and functionality are and will remain the exclusive property of Yoomondo and its licensors.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Yoomondo.
Yoomondo has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Yoomondo shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Disclaimer
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. USE OF THE SERVICE IS AT YOUR OWN RISK.
IN NO EVENT WILL YOOMONDO’S LIABILITY TO YOU EXCEED THE TOTAL PAYMENT AMOUNT.
THESE PROVISIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Yoomondo Ltd is registered in England & Wales (number 07642828) at 4th Floor 18 St. Cross Street, London, EC1N 8UN.
Governing Law
These Terms shall be governed and construed in accordance with the laws of England & Wales without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
Contact
If you have any questions, please contact us at info@puntacanahero.com or by phone at +1 (202) 852-6520.
Address: C/Guarinox, Friusa, Residencial Mapalisi, Apt. 211, 23000 Punta Cana/Bavaro