Disclaimer
This contract between the customer and El Tour Caribe (Hereinafter referred to as the service provider) is subject to the following terms and conditions.
Release/limitations of liabilities
By participating, the customer assumes risk of personal injury, loss or damage to him/herself and his/her personal possessions. The customer releases the service provider from all direct, indirect, punitive incidentals. Special or consequential damages arising from or related to the provision of services, including economic loss, physical or mental injury, or any act, omission or negligence, even if caused in whole or in part by the negligent conduct of the service provider or its employees or agents. If the service provider is unable by law to exclude its liability, the customer agrees that the service provider’s liability is limited to the value of the service purchased.
Indemnification of the Tour Operator
The customer acknowledges having read and understood the Tour Operator’s Terms and Conditions and agrees to discharge and indemnify the Tour Operator with whom the customer traveled from his country of embarkation, his corporate parents, subsidiaries, affiliates, directors, employees, officers and agents from all claims of any nature arising out of such services. The service provider does not have the authority to modify or waive any provision of the Tour Operator’s terms and conditions.
Severability clause
If any portion of this agreement is held invalid or unenforceable, the remaining portion remains in full force and effect; where possible the portion found unenforceable will be construed in a manner consistent with the remaining portions.
Forum
This contract is construed according to the laws of the Dominican Republic and the customer is bound to the jurisdiction of the said courts.
FORUM SELECTION CLAUSE – VENUE SELECTION CLAUSE CHOOSING THE DOMINICAN REPUBLIC
Any dispute, demand, claim and/or lawsuit arising out of the operations of El Tour Caribe EARB, S.R.L. and/or its agents and/or representatives and/or Coligrin Tours EIRL, its appurtenances, and/or its agents and/or representatives must be filed in, handled by and/or litigated in a court of competent jurisdiction located solely and exclusively within the country of the Dominican Republic.
CHOICE OF APPLICABLE LAW CLAUSE CHOOSING THE LAW OF THE DOMINICAN REPUBLIC
Any dispute, demand, claim and/or lawsuit alleging breach of contract, personal injuries and/or death arising out of alleged negligence, gross negligence and/or intentional conduct arising out of the operations of El Tour Caribe EARB, S.R.L. and/or its agents and/or representatives and/or Coligrin Tours EIRL and/or its agents and/or representatives, is hereby agreed to by all parties to be governed exclusively by, decided exclusively by and/or controlled exclusively by the law and judicial procedure of the country of the Dominican Republic.
AGREEMENT THAT DOMINICAN REPUBLIC HAS PERSONAL JURISDICTION OVER EACH PERSON
All parties hereby waive any defenses to personal jurisdiction, and/or in personam jurisdiction to sue, or be sued, within the Dominican Republic arising from disputes related to this agreement and/or any matters arising from the performance of this agreement and/or the operations of El Tour Caribe EARB, S.R.L. and/or its agents and/or representatives and/or Coligrin Tours EIRL and/or its agents and/or representatives.
The customer acknowledges having read and understood the above terms and conditions and agrees to be bound by the same. By booking online, the customer will waive certain legal rights, including the right to sue for damages.
Prices and availability of all boats is subject to change at any time without notice. All efforts are made to maintain information as current as possible
