General travel conditions

1. Conclusion of the travel contract

By registering, the customer makes a binding offer to DOMINICAN EXPERT to conclude a travel contract. Travel agents (e.g., travel agencies) and service providers (e.g., hotels, transport companies) are not authorized by DOMINICAN EXPERT to make agreements, provide information, or give assurances that modify the agreed content of the travel contract, exceed the services contractually promised by DOMINICAN EXPERT, or contradict the travel brochure. Local and hotel brochures not published by DOMINICAN EXPERT are not binding on DOMINICAN EXPERT or its obligations unless they have been expressly incorporated into the travel brochure or the scope of DOMINICAN EXPERT's obligations by agreement with the traveler. Bookings can be made orally, in writing, by telephone, by fax, or electronically (email, internet). For electronic bookings, DOMINICAN EXPERT will confirm receipt of the booking immediately by electronic means. The customer is liable for all contractual obligations of fellow travelers for whom they make the booking, just as for their own, provided they have expressly and separately assumed this liability. The contract is concluded upon receipt of the acceptance declaration from DOMINICAN EXPERT. Confirmation of receipt of a registration does not yet constitute acceptance. The acceptance declaration does not require any specific form. DOMINICAN EXPERT will send the customer a written travel confirmation at or immediately after conclusion of the contract. DOMINICAN EXPERT is not obligated to do so if the booking is made by the customer less than 7 business days before the start of the trip. If the content of the travel confirmation deviates from the content of the registration, this is considered a new offer to which DOMINICAN EXPERT is bound for a period of 10 days. The contract is concluded on the basis of the new offer if the traveler expressly declares acceptance to DOMINICAN EXPERT or makes payments within the binding period.

If DOMINICAN EXPERT arranges travel packages from other tour operators for the customer, their own terms and conditions apply. For all flight-only packages (including APEX/PEX), the general terms and conditions of the respective airlines apply. DOMINICAN EXPERT is not a party to these contracts, and therefore the customer cannot rely on these terms and conditions.

2. pay

Upon conclusion of the contract, the customer is required to pay a deposit of 20% of the tour price per person. If the deposit is not paid, DOMINICAN EXPERT is entitled to withdraw from the contract after setting a deadline. Further payments are due on the agreed dates, with the final payment due no later than 4 weeks before the start of the trip. The travel documents will be issued to the customer after receipt of full payment of the tour price.

3. Services

The services contractually agreed upon are detailed in the service descriptions in the brochure, on our website, and in the corresponding information in the booking confirmation. In case of discrepancies between the information in the brochure, on the website, and in the booking confirmation, the information in the booking confirmation shall prevail. Changes to or deviations from individual travel services from the agreed content of the travel contract that become necessary after the conclusion of the contract or that were not brought about by DOMINICAN EXPERT in bad faith are permitted, provided that the changes or deviations are not significant and do not affect the overall nature of the booked trip. Any warranty claims remain unaffected insofar as the modified services are defective. DOMINICAN EXPERT is obligated to inform the customer of any changes to or deviations from the services without undue delay. If necessary, DOMINICAN EXPERT will offer the customer a free rebooking or a free cancellation.

4. Price changes

DOMINICAN EXPERT reserves the right to change the advertised and booking-confirmed prices in the event of an increase in transportation costs (especially fuel costs) or charges for certain services, such as port or airport fees, or a change in the exchange rate applicable to the trip in question, as follows:

Increase in transportation costs:

  • In the case of an increase related to the seat price, DOMINICAN EXPERT may demand the increased amount from the customer.
  • In other cases, the additional transport costs demanded by the transport company per means of transport are divided by the number of seats of the agreed means of transport.
  • DOMINICAN EXPERT may increase the agreed travel price by the resulting amount.

Increase in port and airport fees:
DOMINICAN EXPERT may increase the travel price by the corresponding amount.

Changes in exchange rates:
DOMINICAN EXPERT may increase the travel price to the extent that the price for purchasing the travel services has increased.

Government-mandated price increases (e.g., value added tax):
DOMINICAN EXPERT may increase the travel price by the amount of the government-mandated price increase.

The increase is only permissible if more than three months lie between the conclusion of the contract and the agreed travel date, and the circumstances leading to the increase had not yet occurred before the conclusion of the contract and were not foreseeable at the time of the conclusion of the contract.

In the event of a subsequent change to the travel price, DOMINICAN EXPERT must inform the customer immediately. Price increases within 20 days of departure are not permitted. If the price increases by more than 10%, the customer is entitled to withdraw from the travel contract free of charge or to request participation in a trip of at least equivalent value, provided DOMINICAN EXPERT is able to offer such a trip from its portfolio at no additional cost to the traveler. The traveler must assert these rights immediately after receiving notification of the price increase from DOMINICAN EXPERT.

5. Cancellation by the customer, cancellation fees, rebookings, substitute persons

The customer may cancel the trip at any time before departure. The date of receipt of the cancellation notice by DOMINICAN EXPERT is decisive. The customer is advised to submit the cancellation in writing. If the customer cancels the travel contract or does not commence the trip, DOMINICAN EXPERT may, provided the cancellation is not attributable to DOMINICAN EXPERT, demand the following flat-rate compensation, taking into account normally saved expenses and possible alternative use of the travel services:

From booking until 30 days before departure: 20%
30-15 days before departure: 40%
14-08 days before departure: 60%
07-02 days before departure: 80%
01 day before departure and no-show: 100%

Until the aforementioned cancellation deadlines begin, DOMINICAN EXPERT charges a processing fee of USD 100.00 per person for cancellations and changes (name changes, changes to travel dates, accommodation changes), up to a maximum of USD 200.00 per booking. Additional charges may apply for telephone, fax, and email communication.

Customer requests for changes to the booking made after 45 days prior to departure can only be fulfilled, if at all possible, by canceling the original booking under the aforementioned conditions and simultaneously making a new booking. Until the start of the trip, the traveler may request that a third party assume their rights and obligations under the travel contract. DOMINICAN EXPERT may object to the third party's participation if they do not meet the specific requirements of the trip or if legal regulations or official orders preclude their participation. If a third party assumes the contract, they and the original traveler are jointly and severally liable to DOMINICAN EXPERT for the travel price and any additional costs incurred as a result of the third party's participation.
For cancellations of special offers/flight-only bookings, 100% of the package price will be charged. Stricter terms and conditions apply to individual trips or services. Customers should therefore refer to the "Terms and Conditions of Travel" in the relevant catalog or the information on the booking confirmation.

For scheduled flights and scheduled flights at special fares (e.g. PEX/APEX), the cancellation conditions and rebooking fees of the respective airlines and fare classes apply.

6. Unused services

If the traveler does not utilize individual travel services due to early return or other compelling reasons, DOMINICAN EXPERT will endeavor to obtain a refund of the saved expenses from the service providers. This obligation does not apply if the services in question are entirely insignificant or if statutory or official regulations preclude a refund.

7. Withdrawal and termination by DOMINICAN EXPERT

DOMINICAN EXPERT may withdraw from the travel contract before the start of the trip or terminate the travel contract after the start of the trip in the following cases:

without observing a deadline:
If the traveler persistently disrupts the execution of a trip despite a warning from DOMINICAN EXPERT, or if their conduct is so contrary to the contract that immediate termination is justified, DOMINICAN EXPERT may terminate the contract. If DOMINICAN EXPERT terminates the contract, the traveler retains the right to the full tour price; however, DOMINICAN EXPERT must credit the traveler with the value of any expenses saved and any benefits gained from the alternative use of the unused services, including any amounts refunded by service providers.

up to 2 weeks before departure:
If a minimum number of participants specified in the travel brochure or by the authorities is not reached, DOMINICAN EXPERT is obligated to inform the customer immediately upon the occurrence of the condition that prevents the trip from taking place and to send the cancellation notice. The customer will receive a full refund of the paid travel price without delay. Should it become apparent at an earlier stage that the minimum number of participants cannot be reached, DOMINICAN EXPERT must inform the customer accordingly.

up to 4 weeks before departure:
If, after exhausting all possibilities, DOMINICAN EXPERT deems the execution of the trip unreasonable because the number of bookings for this trip is so low that the costs incurred by DOMINICAN EXPERT would exceed the economically acceptable limit for this trip, a right of cancellation exists only if the circumstances leading to the cancellation are not attributable to DOMINICAN EXPERT, if DOMINICAN EXPERT can prove the circumstances leading to the cancellation, and if the traveler has been offered a comparable alternative. If the trip is canceled for this reason, the customer will receive an immediate refund of the paid travel price. In addition, the customer will receive a flat-rate reimbursement for their booking expenses, provided they do not accept an alternative offer from DOMINICAN EXPERT.

8. Customer's Obligations

Notice of defects:
If the trip is not provided as agreed, the customer may demand redress. However, the customer is obligated to notify DOMINICAN EXPERT of any discovered travel defects immediately. If the customer culpably fails to do so, a reduction in the travel price will not apply. This does not apply if notification is unreasonable. The customer is obligated to immediately inform the tour guide at the holiday destination of any defects. If a tour guide is not present at the holiday destination, any travel defects must be reported to DOMINICAN EXPERT at its headquarters in Santo Domingo, Dominican Republic. The customer will be informed of how to contact the tour guide or the tour operator in the service description, but at the latest with the travel documents. The tour guide is authorized to provide redress, if possible. However, they are not authorized to acknowledge claims made by the customer.
The customer is entitled to rectify any deficiencies in their trip themselves, provided that the DOMINICAN EXPERT tour guide, the local DOMINICAN EXPERT representative, or the service provider does not offer a suitable solution within 48 hours. DOMINICAN EXPERT will reimburse the customer for any resulting costs upon presentation of receipts, in accordance with its legal and contractual liability. If continuing the trip or staying at the holiday destination is unreasonable due to serious deficiencies, the customer must obtain written confirmation from the local DOMINICAN EXPERT representative, the DOMINICAN EXPERT tour guide, or the service provider that they have filed a complaint and why. The local DOMINICAN EXPERT representative, the DOMINICAN EXPERT tour guide, or the service provider is obligated to document the facts and the customer's complaint in writing. The local representative, service provider, etc., are not authorized to acknowledge any claims for damages.

Setting a deadline before termination:
If a customer wishes to terminate the travel contract due to a travel defect or for important, identifiable reasons of unreasonableness, they must first set a reasonable deadline for remedy. This does not apply if remedy is objectively impossible, is refused by DOMINICAN EXPERT, or if immediate termination of the contract is justified by a demonstrable interest of the customer.

Lost and delayed luggage:
DOMINICAN EXPERT strongly recommends that any damage to or delay in the delivery of luggage during air travel be reported immediately on-site to the responsible airline by means of a Property Irregularity Report (PIR). Airlines generally refuse compensation if a PIR has not been completed. The PIR must be submitted within 7 days of baggage loss and within 21 days of delivery in the case of delay. Furthermore, the loss, damage, or misdirection of luggage should be reported to the tour guide or the local DOMINICAN EXPERT representative.

Travel documents:
The customer must inform DOMINICAN EXPERT if they do not receive the necessary travel documents (e.g. flight ticket, hotel vouchers) within the period specified by the tour operator.

Duty to mitigate damages:
The customer must take all possible measures to prevent damage and to minimize any damage that does occur. In particular, the customer must inform DOMINICAN EXPERT of any potential risk of damage.

9. Limitation of liability

DOMINICAN EXPERT's contractual liability for damages other than personal injury is limited to twice the travel price.
a) provided that the customer's damage was neither caused intentionally nor through gross negligence or
b) insofar as DOMINICAN EXPERT is liable for damage incurred by the customer solely due to the fault of a service provider.
DOMINICAN EXPERT's tortious liability for property damage not caused by intent or gross negligence is limited to twice the tour price. This maximum liability applies per customer and per trip. Any further claims relating to baggage under the Montreal Convention remain unaffected by this limitation. DOMINICAN EXPERT is not liable for disruptions in service, personal injury, or property damage related to services that are merely brokered as third-party services (e.g., excursions, sporting events, theater visits, exhibitions, transportation to and from the advertised departure and destination points). If DOMINICAN EXPERT acts as a contractual air carrier, liability is governed by the provisions of the German Air Traffic Act in conjunction with the Montreal Convention. These conventions generally limit the air carrier's liability for death or personal injury, as well as loss of or damage to baggage. In other cases where DOMINICAN EXPERT acts as a service provider, the company is liable according to the applicable regulations. If DOMINICAN EXPERT assumes the position of a contractual carrier in sea voyages, liability is also governed by the provisions of Sections 664 et seq. of the German Commercial Code (HGB) and the Inland Waterways Act.

10. Accidents and illnesses

DOMINICAN EXPERT assumes liability for direct damages in the event of death, personal injury, or illness during the trip, provided that these were caused by the negligence of DOMINICAN EXPERT or a contracted company (hotels, etc.), and on the condition that the customer assigns their claims for damages to DOMINICAN EXPERT to the corresponding extent. In the event of death, personal injury, or illness suffered by the customer in connection with air travel or the use of transport companies (train, bus, etc.), the compensation claims are limited to the amounts stipulated by applicable international agreements or national laws. Any further liability of DOMINICAN EXPERT is excluded in these cases.

11. Exclusion of claims, limitation period and prohibition of assignment

Claims arising from the non-performance or improper performance of the travel services must be submitted by the traveler to DOMINICAN EXPERT within one month of the contractually agreed end of the trip. Claims must be submitted to the address below to meet this deadline. After this period, the traveler may only assert claims if they were prevented from complying with the deadline through no fault of their own. This does not apply, however, to the deadline for reporting baggage damage, delayed baggage delivery, or lost baggage in connection with flights as per section 8. These must be reported within seven days in the case of lost baggage and within 21 days of delivery in the case of delayed baggage. The traveler's contractual claims expire after one year. The limitation period begins on the day the trip was contractually scheduled to end. If negotiations regarding the traveler's claims are pending, the limitation period is suspended until DOMINICAN EXPERT or the traveler refuses to continue negotiations. The limitation period expires no earlier than three months after the suspension ends. The assignment of claims by the customer against DOMINICAN EXPERT to third parties who did not participate in the trip is excluded.

12. Passport, visa and health regulations

DOMINICAN EXPERT is responsible for informing nationals of the country where the trip is offered about passport, visa, and health regulations, as well as any changes to these regulations, before departure. Nationals of other countries should contact their respective consulates for information. This assumes that there are no special circumstances regarding the customer or any accompanying travelers (e.g., dual citizenship or statelessness). The customer is responsible for obtaining and carrying the necessary travel documents, any required vaccinations, and for complying with customs and currency regulations. Any disadvantages arising from failure to comply with these regulations, such as cancellation fees, are the customer's responsibility. This does not apply if DOMINICAN EXPERT is at fault for failing to provide information, providing insufficient information, or providing incorrect information. DOMINICAN EXPERT is not liable for the timely issuance and receipt of necessary visas by the respective diplomatic mission if the traveler has commissioned DOMINICAN EXPERT to obtain them, unless DOMINICAN EXPERT is responsible for the delay.

13. Choice of law

The contractual relationship between the customer and DOMINICAN EXPERT is governed exclusively by Dominican law. This also applies to the entire legal relationship.

14. jurisdiction

The traveler may only sue DOMINICAN EXPERT at its registered office. For lawsuits brought by DOMINICAN EXPERT against the traveler, the traveler's place of residence is the determining factor.

15. Validity

These travel conditions are valid as of January 2013 and are incorporated into all travel contracts concluded from January 01, 2012 onwards.

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