This Agreement (“Agreement”) is a legally binding contract between you (“Client” or “you”) and Caribbean Dream LLC DBA Punta Cana Tours (“Company,” “we,” or “us”). By using our website and booking any services through it, you acknowledge that you have read, understood, and agreed to the terms and conditions of this Agreement.
1. Role as an Intermediary
Punta Cana Tours acts exclusively as an intermediary to facilitate the booking of services provided by third-party operators (“Service Providers”). We do not own, manage, or control the activities, excursions, or tours provided by these Service Providers. The Company assumes no responsibility or liability for the actions, errors, or omissions of the Service Providers.
2. Acknowledgment of Responsibility
In consideration of the services provided and other good and valuable consideration, you acknowledge and affirm that Punta Cana Tours (its agents and employees) acts solely as an agent in arranging and securing transportation, hotel stays, travel packages, and other associated travel services. You further acknowledge that it is solely your responsibility to obtain any required travel documents (e.g., passports, visas) and immunizations to ensure safe and lawful travel to your chosen destinations. You acknowledge and affirm that, given the present state of global and political unrest, Punta Cana Tours cannot warrant or guarantee your safety during travel to any destination, especially those subject to a United States Department of State Travel Warning.
3. Assumption of Risks
You expressly acknowledge and agree that participation in any activities, tours, or excursions booked through Punta Cana Tours involves inherent risks, including but not limited to risks associated with physical exertion, dangerous or unpredictable terrain, weather conditions,
interactions with wildlife, use of equipment (whether owned, rented, or borrowed), transportation, and the conduct of other participants. You acknowledge that such activities may result in physical or emotional injury, illness, property damage, or even death.
You further acknowledge and affirm that it is solely your responsibility to determine whether you are physically, mentally, and legally capable of participating in such activities. By accepting this Agreement, you represent that you possess the requisite health, skill, knowledge, training, licensing, and/or certification to safely engage in the activities you have booked. You understand that neither Punta Cana Tours nor any Service Provider has any obligation to assess your fitness for participation.
You voluntarily accept and assume all risks, both known and unknown, associated with the activities you choose to engage in, whether those risks are due to your own actions, the actions of others, or conditions beyond your control. You also understand that Punta Cana Tours does not, and cannot, provide any guarantees or assurances regarding the safety, suitability, or condition of the activities, environments, or equipment involved.
In choosing to participate, you waive any and all claims against Punta Cana Tours for any injury, damage, loss, or liability that may arise, even if caused by the negligence of Punta Cana Tours, its agents, employees, or affiliated third parties. This assumption of risk extends to all travel and related activities, whether occurring before, during, or after your participation in the booked activities.
4. Waiver and Release of Liability
In consideration of the services provided and other valuable consideration, you, your heirs, beneficiaries, executors, administrators, agents, representatives, insurers, successors, and assigns hereby irrevocably and unconditionally release, waive, and discharge Caribbean Dream LLC DBA Punta Cana Tours, its owners, officers, shareholders, employees, agents, affiliates, successors, and assigns (collectively, the “Released Parties”) from any and all claims, demands, causes of action, damages, liabilities, costs, and expenses, including attorney’s fees and court costs, whether known or unknown, suspected or unsuspected, arising out of or in any way connected to your participation in any activity, tour, or service booked through Punta Cana Tours.
This waiver and release of liability includes, but is not limited to, claims for personal injury, illness, emotional distress, property damage, loss of income or revenue, death (including suicide), kidnapping, and any other economic or non-economic losses that may result from participation in such activities, whether caused by negligence, breach of contract, strict liability, or otherwise by the Released Parties, except for conduct that is proven to be willfully or intentionally harmful.
You acknowledge that the risks associated with these activities may be significant and that by participating, you voluntarily assume all such risks, both known and unknown, including but not limited to risks related to suicide, kidnapping, violent crime, or other unforeseen circumstances. You further agree that this waiver is intended to be as broad and inclusive as permitted by applicable law and that if any portion is found invalid, the remaining terms shall remain in full force and effect.
This waiver and release is binding upon you and all others who may claim through you, and it serves as a complete defense against any legal actions brought in connection with your participation in any activities facilitated by Punta Cana Tours.
5. Disclaimer
Punta Cana Tours provides its services on an “as-is” and “as-available” basis without any warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, reliability, or non-infringement. You expressly agree that your use of our platform and participation in any activities, tours, or services booked through Punta Cana Tours is at your sole risk.
Punta Cana Tours does not warrant or make any representations regarding the quality, safety, suitability, or timeliness of the activities or services provided by third-party Service Providers. The Company expressly disclaims any liability for any acts, errors, omissions, representations,
warranties, breaches, or negligence of such Service Providers or for any personal injuries, death, property damage, or other damages or expenses resulting from your interaction with or reliance on these third parties. You acknowledge that Punta Cana Tours has no control over the actions or conduct of third-party Service Providers and does not guarantee the accuracy of descriptions, availability, pricing, or any other information regarding the services offered by them.
Further, Punta Cana Tours makes no representations or guarantees regarding the security, safety, or conditions of any locations, facilities, equipment, or environments involved in the services booked through our platform. You acknowledge that the inherent risks associated with participating in activities in unfamiliar, remote, or underdeveloped locations may be significant and include but are not limited to unstable terrain, hazardous weather conditions, inadequate medical facilities, and limited emergency response.
Punta Cana Tours disclaims responsibility for any changes, delays, cancellations, or disruptions in services due to events beyond its control, including but not limited to Force Majeure events as defined in this Agreement. The Company is not liable for any incidental, indirect, punitive, consequential, or special damages of any kind, including but not limited to loss of profits, loss of business, emotional distress, or other intangible losses, even if the Company has been advised of the possibility of such damages.
6. Liability Disclaimer
Punta Cana Tours expressly disclaims all liability for any loss, injury, death, damage, or expense arising out of or in any way connected to your participation in activities, tours, or services booked through our platform, whether such claims are based on contract, tort, equity, or any other legal theory. The Company does not assume and expressly disclaims any responsibility for the actions, negligence, errors, or omissions of third-party Service Providers, including but not limited to those providing transportation, accommodation, meals, equipment, or guided services.
You acknowledge and agree that Punta Cana Tours acts solely as an intermediary between you and the Service Providers. As such, the Company has no control over, and assumes no responsibility for, the safety, conditions, or operations of any service provided by third-party entities. This includes but is not limited to claims related to personal injury, wrongful death, kidnapping, suicide, property damage, theft, loss of personal items, delays, cancellations, or any disruptions caused by the conduct, negligence, or failure of Service Providers.
Furthermore, Punta Cana Tours is not liable for any incidental, consequential, indirect, punitive, or special damages of any kind, including but not limited to loss of profits, loss of goodwill, loss of enjoyment, emotional distress, or any other intangible losses, even if the Company has been advised of the possibility of such damages.
In addition, Punta Cana Tours disclaims any responsibility for unforeseen events beyond its control (as detailed in the Force Majeure clause) and any discrepancies in the descriptions or quality of services as provided by the Service Providers.
This disclaimer is intended to be as broad and inclusive as permitted by applicable law, and any disputes arising out of or relating to this disclaimer will be governed exclusively by the laws of the Dominican Republic, without regard to conflict of law principles. In agreeing to this disclaimer, you waive any rights to seek legal recourse or compensation from Punta Cana Tours for any claims arising from your participation in the activities or services booked through our platform.
7. Force Majeure
Punta Cana Tours shall not be responsible for, and shall make no refund for, events beyond its control, including but not limited to acts of God, strikes, acts of war, terrorism, civil disturbance, government restrictions, changes in schedules or operational decisions of air carriers, terrorist activity or the threat thereof, industrial action, natural or nuclear activity, epidemic, pandemic, illness, physical injury, quarantine, medical or customs or immigration regulation, delay or cancellation, adverse weather conditions, fire, or for acts or omissions of third parties or other parties not under the control of Punta Cana Tours, and all similar events outside of our control.
8. Indemnification
You agree to fully indemnify, defend, and hold harmless Caribbean Dream LLC DBA Punta Cana Tours, its owners, officers, shareholders, employees, agents, affiliates, successors, and assigns (collectively, the “Indemnified Parties”) from and against any and all claims, demands, causes of action, damages, liabilities, losses, fines, penalties, judgments, costs, and expenses, including but not limited to attorney’s fees and litigation costs, that arise out of or are in any way connected to your participation in any activities, tours, or services booked through Punta Cana Tours; your breach of this Agreement or any representations, warranties, or covenants made by you herein; any act or omission, whether negligent, reckless, or intentional, by you or anyone acting on your behalf; any claims or actions brought by third parties resulting from your conduct, behavior, or actions during your participation in the activities; or any damage or injury caused to third parties or their property as a result of your participation or use of the services provided.
This indemnification obligation applies regardless of whether the claim arises from negligence, breach of contract, strict liability, or any other legal theory. You agree that the Indemnified Parties shall have the right to select their legal counsel in defense of any claim covered by this indemnity and that you shall be responsible for all costs and expenses incurred by the Indemnified Parties in connection with the defense, including settlements, judgments, and court costs.
You further agree that this indemnity shall survive the termination or completion of this Agreement and your use of the services provided by Punta Cana Tours. You acknowledge that this indemnification obligation is intended to be as broad and inclusive as permitted by applicable law.
9. Medical Consent and Release
In the event of an emergency, you consent to receive necessary medical treatment, including but not limited to hospitalization, surgery, and medication, even if such services are provided in a location outside the United States. You acknowledge that medical facilities and services in certain areas may be limited, may not meet the standards commonly expected in the United States, and may lack the latest medical technology. By agreeing to participate in activities booked through Punta Cana Tours, you understand and accept these potential limitations and risks.
You further acknowledge that any medical services provided, and any health insurance coverage you may have, are entirely at your own risk. Punta Cana Tours does not provide, recommend, or guarantee any health or medical insurance coverage for participants and assumes no responsibility for the quality or availability of medical care or the outcomes thereof. You release Punta Cana Tours from any liability associated with medical treatment received, including any additional risks arising from the nature of healthcare in the destination area, and you acknowledge that all medical expenses incurred, including evacuation costs, are your sole responsibility.
10. Jurisdiction and Governing Law
This Agreement shall be governed by the laws of the Dominican Republic, without regard to its conflict of law principles. Any disputes arising out of or related to this Agreement shall be submitted to the exclusive jurisdiction of the courts located in the Dominican Republic.
11. Acknowledgment and Acceptance
By proceeding with any booking or using our services, you confirm that you have read, understood, and voluntarily agree to be legally bound by the terms of this Agreement. By clicking “I Agree,” you affirm that you are over the age of 18, of sound mind, and legally competent to enter into this Agreement. You acknowledge that you have carefully reviewed the terms, fully understand their implications, and accept full responsibility for your actions, decisions, and any associated risks. You further agree that this acknowledgment shall be binding upon you, your heirs, beneficiaries, executors, administrators, agents, and assigns, and shall serve as a complete defense to any claims that you did not understand the terms of this Agreement or were unaware of its legal consequences.