REGULATIONS AND GENERAL CONDITIONS OF PARTICIPATION PEPINO POLACO

1. Tour operator and definitions

1.1 The organizer of tourist events offered under the Pepino Polaco brand is the company Rothis Tours RD S.R.L. based in Puerto Plata, Dominican Republic, hereinafter referred to as the "Organizer"

(a) address and contact information: Rothis Tours RD SRL, c/Golondrinas, Edificio Castillo num. 1, 57000 Puerto Plata, Republica Dominicana, contact tel: +1 809 785 3859, e-mail: pepinopolaco@gmail.com, www.pepinopolaco.com

(b) Legal data of the company in Dominican Republic: RNC: 1-32-40624-9, Commercial Activity Number: 545069, Tour Operators Registration Number: AV-TOLD-1801-02650, Tour Operator License Number: ID 3106, Insurance Policy Number: 2-2-801-0049962

1.2 Other definitions:

a) Customer - a natural or legal person who is considering, or has already purchased, Services provided by the Organizer

b) Participant - an individual who realistically uses the Organizer's Services

c) Parties - jointly the Customer and the Organizer

d) Service - a tourist service: local tour, round trip, transfer of persons, sale of a tourist package; the current description of the Organizer's Services can be found at www.pepinopolaco.com, on Facebook and in the PDF catalog sent to the Customer 

e) Reservation of Services - notification of readiness to purchase a Service offered by the Organizer, may be associated with the payment of an advance for the Service, depending on its type

f) Purchase of Services - is understood as payment by the Customer for Services provided by the Organizer

2 Booking Services

2.1 The Customer may book the Services by:

a) the website www.pepinopolaco.com (for group tours, one selects an available date from the calendar and prepays via online payment, for private tours, one sends an inquiry to the Organizer and mutually agrees on the tour date and payment terms)

b) contact via WhatsApp: +1 809 785 3859

(c) contact via Facebook Messenger: "Pepino Polaco - Polka in Puerto Plata - Polish tours in Dominican Republic".

d) e-mail contact: pepinopolaco@gmail.com

2.2 Upon acceptance of the Service Reservation by the Organizer, both Parties shall agree on further payment methods, and the Service itself and the Participant's participation in it shall be deemed confirmed, unless otherwise agreed upon by the Organizer with the Client.

3. purchase of Services

3.1 Customer may purchase Services by:

a) the website www.pepinopolaco.com (for prepaid group tours)

b) online payments: card payment link, traditional bank transfer, PayPal, BLIK, Revolut

c) personally paying the remaining amount for the tour in cash 

3.2 When Purchasing Services, the Customer is required to read the full description of the Services being purchased (website / Facebook event description / PDF tour catalog), as well as the Terms and Conditions of Pepino Polaco and the General Terms and Conditions of Participation; it is also important to correctly provide personal information and contact information.

4. performance of Services and responsibility of the Organizer

4.1 The Organizer shall use its best efforts to ensure that the Purchased Services are performed at the scheduled time and in full, realizing their scope from the description with which the Customer became acquainted at the time of Purchasing the Services

4.2 The Organizer is obliged to inform the Customer of any possible changes in the description of the Service that occurred after the date of its Purchase and before its implementation 

4.3 The Organizer is not responsible for fortuitous events and those related to the occurrence of the so-called "force majeure": breakdown of weather, occurrence of complications in traffic, decisions of authorities, etc.; in such eventualities, it is possible to postpone the date of implementation or cancel the Service; if the new date of implementation of the Service does not suit the Customer, or if the Service is cancelled, the entire payment is returned to the Customer

4.4 The Organizer strives not to cancel the Services due to insufficient number of Participants, and therefore makes every effort to plan properly during the tour (this also applies to the calendar on the website) and confirm reservations at the time when it is actually known that the so-called minimum number of people has gathered; however, in the event that the Organizer has to reschedule the tour, or cancel it, the Customer may agree to a new execution date, or receive a full refund of the deposit

4.5 If during the implementation of the Service it is not possible to implement any point of the program, for reasons beyond the control of the Organizer, it shall endeavor to provide a substitute service of similar value or qualities

4.6 The Organizer is not responsible for events arising from the negligence or misconduct of the Participant (e.g., failure to appear on time for assembly, separation from the group, situations occurring under the influence of stimulants, etc.); during the implementation of the Service, the Participant is obliged to follow the recommendations of the pilot representing the Organizer, in matters relating to the organization and logistics of the Service; in the case of private transfers and excursions, the Service is flexible and may be adapted to the needs of the Participant in consultation with the Organizer.

5. changes to deadlines, cancellations and resignations

5.1 The Organizer endeavors to keep the previously established dates of the Services, but at the same time reserves the right to change them; in such a situation, the Customer is entitled to a full refund of the payment whenever he/she informs the Organizer of the cancellation of the Service at least 24 hours before its commencement

5.2 The Customer may change the date of the Service in consultation with the Organizer, provided that this does not cause a shortage of people to the required minimum of Participants on the originally selected date;

5.3 The Organizer strives not to cancel booked Services, but at the same time reserves the right to cancel if one of the situations occurs:

(a) lack of minimum Participants for the Service

b) force majeure, independent of the Organizer

5.4 The cancellation of the Service by the Organizer means the return of the entire payment to the Customer

5.5 The conditions of cancellation by the Organizer of round trips, longer than 2 days are discussed in the description of the respective Service, but by definition, the Organizer is obliged to notify the Client of the cancellation of the Service at a minimum: 

a) 21 days for a tour of 7 days or more 

b) 7 days for a tour lasting 3-6 days

5.6 Cancellation of the Service Purchased by the Customer:

(a) for 1 or 2-day tours:

- The customer may cancel no later than 48 hours before the start of the event - the surcharge is then refunded (no down payment); 

- In situations where the cancellation of the Service is done at the less than 48h before the start, refund of the surcharge is possible only after presentation of the document showing that the reason for cancellation is due to reasons beyond the Participant's control (e.g., medical certificate, flight cancellation, etc.); 

– in exceptional situations, depending on the specifics of the Service and in consultation with the Organizer, may be returned The entire payment for the Service, including the advance payment

b) in the case of round trips, longer than 2 days, the conditions for cancellation are discussed in the description of a given Service

6 Complaints

6.1 If it is felt that the Service is not being provided properly, the Participant should immediately inform the Organizer, or its representative (pilot, driver, etc.), because sometimes the problem can be solved on the spot, and it is important for the Organizer to know about the issue and be able to react accordingly and learn lessons for the future

6.2 In simple matters, a verbal complaint reported, for example, to the pilot is sufficient; a written complaint is advisable in more complicated situations, requiring more attention or a longer course of action, and when the Participant reports a complaint after the end of the Service (within no more than 30 days after the end of the event)

6.3 The Organizer is obliged to respond to the submitted complaint within 30 days from its receipt, and in the case of a complaint submitted during the Service, within 30 days from the date of its termination 

6.4 The Organizer shall not be bound by the acknowledgment of a complaint by the tour leader or other representative of the Organizer

7. provision of assistance by the Organizer

7.1 The Organizer shall provide appropriate assistance to the Participant who is in a difficult situation

7.2 The assistance in question consists, in particular, in providing:

(a) relevant information on health benefits, local authorities and consular assistance;

b) to assist the Participant in the use of means of remote communication, including electronic communication means

(c) health or life-saving assistance in emergency situations

7.3 The Organizer may demand a fee for providing the aforementioned assistance if the difficult situation arose due to the sole fault of the Participant or as a result of his gross negligence; the amount of the fee may not exceed the actual costs incurred by the Organizer

8 Processing of personal data

8.1 The administrator of the data provided by the Customer is the Organizer.

8.2 The Organizer processes the personal data provided by the Customer when purchasing and performing the Services for the following purposes:

(a) to conclude and perform a contract for the provision of travel services

b) conduct marketing of its own products and services

(c) surveying customer satisfaction and determining the quality of the Organizer's service

(d) maintain user accounts for www.pepinopolaco.com

e) financial settlements and accounting reporting

(f) for evidentiary purposes in the event of a legal need to prove facts, investigate or protect against claims

8.3 Providing the Participant's data to the Organizer is voluntary, but necessary to purchase and perform the Services 

8.4 The Data Subject has the right to access, rectify, erase or restrict processing of his/her own personal data, as well as the right to data portability.

8.5 Data will be kept for the period necessary for the performance of the Services, and in the case of social media and mailing lists, until the data subject decides otherwise 

8.6 The Customer shall provide the Organizer with the Participants' data for the purpose of purchasing and performing the Services, which is legally justified

8.7 During the performance of the Services, Participants' data may be transferred to entities with which the Organizer cooperates (e.g. insurer, carrier, hotels, etc.) and to third countries (depending on the type and destination of the Service) where EU data protection standards do not apply

9 Final provisions

9.1 Matters not covered by the regulations shall be resolved by mutual agreement of the Parties

9.2 These regulations are effective as of 07.07.2023