Terms of Use - Sharkcana Yachts

The client, when making an excursion, tour, or activity with SHARKCANA S.R.L., must accept (in the booking form) the following terms and conditions.

I. Terms of Use

1.1.- This page establishes the Terms and Conditions that regulate the use of the informative content and services offered on the website https://sharkcana.com. By using this website, you agree to the Terms and Conditions in effect at the time of your access to our portal.

In compliance with Law 34/2002 of July 11, on services of the information society and electronic commerce, SHARKCANA S.R.L.  informs you that it is the owner of the website https://sharkcana.com. Under Article 10 of the Law above, SHARKCANA S.R.L.  provides the following information:

The owner of this website is SHARKCANA S.R.L., with an address of Unit 1, Flor Del Mar, Los Corales Beach Village, Cortecito, Highey, Punta Cana, 23000, Dominican Republic. The company's contact email address is sharkcana@sharkcana.com.

1.2  SHARKCANA S.R.L., as the owner of the website, reserves the right to review and/or modify these Terms and Conditions at any time by updating this page. It is advisable to review this page each time you access https://sharkcana.com to remain informed of the current Terms and Conditions.

The terms 'You' and 'User' shall hereinafter refer to all natural and/or legal persons who access the website https://sharkcana.com for any purpose, including but not limited to browsing, ordering, and engaging with the content available therein.

1.3.- Likewise, certain services and content provided to users through https://sharkcana.com may include specific rules that regulate, complement, and/or modify these Terms and Conditions. Therefore, it is recommended that users familiarize themselves with these rules before utilizing the content and services offered.

1.4.- SHARKCANA S.R.L. offers the opportunity to quote or reserve a range of tourist products and services through its website, https://sharkcana.com. Additionally, the website provides information regarding these products or services, the environments or destinations where they are offered, and facilitates connections to other external sites that are not directly controlled or managed by the company. SHARKCANA S.R.L. is a legally constituted company in the Dominican Republic, registered under the National Taxpayer Registry (RNC) number 1-32.89.0.18.3. The company acts as a commercial intermediary or local tour operator, connecting users with other legally constituted and authorized companies that provide or facilitate tourism services or products in the Dominican Republic.

1.5.- Unless otherwise specified, commercial transactions (including quotes, reservations, or contracts) made through https://sharkcana.com are subject to these terms and conditions. In making a reservation, quote, or transaction, the individual is deemed to have acknowledged and expressly accepted each of the conditions outlined below, on behalf of all parties included in the transaction, under the applicable legal and regulatory provisions. No changes to these terms and conditions will take effect unless documented in writing and authorized by SHARKCANA S.R.L.

II. Conditions of use and contracting

2.1.- If the user is a minor, they must have prior authorization from their parents, guardians, or legal representatives, who shall be deemed responsible for the actions and expenses incurred by the minor. Otherwise, SHARKCANA S.R.L. will not accept any responsibility in this regard. Furthermore, these Conditions of Use and Contracting do not preclude the possibility that certain services provided through this website may be subject to specific conditions of use and contracting, which may replace, complement, or modify these general conditions.

The website shall not be held liable for the content of external web pages accessible through links provided on its platform. Furthermore, it explicitly states that it will not engage in the examination or exercise any form of control over the content of such external pages on the internet.

2.2.- The web pages offer a wide variety of information, services, and data. Users are responsible for the proper use of the website. This responsibility extends to the veracity and legality of the information provided by the user in the forms issued by the website for access to certain content or services. Additionally, users are responsible for the use of access codes obtained by completing these forms. The use of information, services, and data offered by the website, contrary to these conditions, the law, morality, good customs, or public order, as well as any other manner that may infringe upon the rights of third parties or disrupt the operation of the website, falls under the user's responsibility.

III. About the service: Product validity, prices, modifications, and rectifications.

3.1.- All products and services offered by SHARKCANA S.R.L. are valid on the dates indicated on the website https://sharkcana.com. At the time of issuing a quotation, reservation, or contracting vouchers for the tourist products and services available via the website, it is essential to ensure that all published data in the documents or digital files is reviewed and accepted. Claims regarding discrepancies will not be entertained after acceptance. SHARKCANA S.R.L.  disclaims responsibility for any information not provided directly.

All requests for modifications or adjustments should be addressed to the SHARKCANA S.R.L. customer service team, which will process them through the appropriate channels. The procurement of services and products through https://sharkcana.com is final and can only be modified once the original transaction is confirmed by the team.

3.2.- Budgets or price quotes may change without prior notice until a reservation is confirmed. The rates displayed on our website are established in US dollars. All prices on the https://sharkcana.com website include taxes and are subject to change based on tax alterations, unless indicated otherwise on our website or in the confirmation email. Occasionally, there may be variations in the rates of our products. These rates, established by the providers, are subject to restrictions and special conditions regarding our cancellation and refund policies. Therefore, we recommend that you review the information thoroughly to understand the conditions before making your reservation.

3.3.- SHARKCANA S.R.L.  accepts payments via credit, debit, and Stripe.com payment link for the purchase of products and services offered through our website, https://sharkcana.com. When purchasing services or products from SHARKCANA S.R.L., you may be required to present a valid identity document with a photograph and signature for security reasons, aimed at preventing fraud and other cybercrimes. In certain instances, SHARKCANA S.R.L.  may require you to physically present the credit or debit card used for the transaction, either through our portal at https://sharkcana.com or to a designated agent from our team. This measure aids in preventing the misuse of electronic payments. On the checkout and payment page, you will be informed whether you are required to present the credit card used in your reservation.

IV. User obligations

4.1.- The user undertakes to use our website under current legislation, refraining from utilizing it for illegal purposes or actions that may harm the rights and interests of its owner or third parties. Additionally, the user commits to avoiding any acts that could cause damage or hinder the normal operation of https://sharkcana.com.

Furthermore, the user agrees to accept and respect the terms and conditions established by the various providers from whom the user chooses to acquire services. The user also acknowledges the obligation to pay for the contracted services and products through credit cards, debit cards, and/or financial institutions, including but not limited to PayPal, Visa, American Express, and MasterCard, via the enabled payment gateway on the website for this purpose.

V. Limitation of liability

5.1.- Of the user.

The user’s use of the website https://sharkcana.com shall be the sole and exclusive responsibility of the user, thereby relieving SHARKCANA S.R.L.  of any liability for damages or harm that may arise, directly or indirectly, to the user or third parties. Furthermore, any failure by the user to adhere to these Terms of Use shall also be the sole responsibility of the user.

5.2 - Of Service or Product Providers

Service or product providers are responsible for preparing and updating their offers and the data associated with them. SHARKCANA S.R.L.  will not maintain, update, or supervise this information. Each provider is accountable for fulfilling their obligations to the user, ensuring compliance with current legislation and the terms and conditions of their offered services or products.  SHARKCANA S.R.L. cannot be held responsible for services or products it does not directly provide and which are displayed to the user for acceptance before completing a reservation or purchase. Furthermore, providers must ensure, through their legal insurance as mandated by Law No. 541 on Organic Tourism, that they address any incidents arising from the activities performed.

5.3.- From SHARKCANA S.R.L.

SHARKCANA S.R.L. will address obligations arising from its management responsibilities. However, SHARKCANA S.R.L. will not be directly or indirectly responsible for the following obligations:

a) The quality of the service, including the correct functioning, availability, and continuity of the website, along with all responsibilities derived from other providers outside of SHARKCANA S.R.L.

b) Information and data entered by third parties other than SHARKCANA S.R.L. staff.

c) The damages that may be caused to the users' equipment by the use of the website (www.sharkcana.com).

d) In cases of unforeseen circumstances or force majeure that result in deficiencies in reservations, confirmations, or the execution of services or products contracted through the website, SHARKCANA S.R.L.  shall not be liable unless these deficiencies arise from negligence attributable to SHARKCANA S.R.L.

e) The violation of intellectual and industrial property rights, as well as personal and family privacy and image rights belonging to third parties, resulting from the transmission, dissemination, storage, or provision of access to the contents of the website.

f) Misprints, inaccuracies, or errors of any kind; SHARKCANA S.R.L. does not guarantee the accuracy or reliability of the information contained on the website.

g) The controversies that may arise with the suppliers or their personnel.

h) Incidents that may arise during the development of the activity carried out.

VI. Copyright

6.1.-SHARKCANA S.R.L. is the owner of all industrial property rights, trademarks, patents, and copyrights on the SHARKCANA S.R.L.  brands. The use or reproduction of these rights by third parties is expressly prohibited, except as outlined in these Terms of Use. Furthermore, through the electronic site (https://sharkcana.com), one can access content and elements that are likewise subject to and protected by industrial and intellectual property rights, patents, trademarks, and copyrights held by third-party owners. Any use, alteration, modification, exploitation, reproduction, communication, or exercise of any rights belonging to the affected rights holders is explicitly prohibited.

VII. Processing of personal data

7.1.- SHARKCANA S.R.L. has implemented a Data Protection policy that regulates the collection, storage, processing, and use of personal data provided by the user. This policy complies with current applicable regulations, specifically L.O. 15/1999 of December 13, on the Protection of Personal Data.

VII. Processing of personal data

7.1.- SHARKCANA S.R.L. has implemented a Data Protection policy that regulates the collection, storage, processing, and use of personal data provided by the user. This policy complies with current applicable regulations, specifically L.O. 15/1999 of December 13, on the Protection of Personal Data.

In this context, SHARKCANA  S.R.L ensures its adherence to the data protection policy, which users can consult by accessing the Data Protection link located in the lower menu of the website. By completing and submitting the forms available at https://sharkcana.com or by sending emails to the designated contact address provided on the website, users consent to the automated processing of their included data. Furthermore, users authorize SHARKCANA S.R.L.  to incorporate their data into the relevant files for use and automated treatment, specifically for the management and registration of the contracted operations, to which they consent.

The website https://sharkcana.com employs cookies during user sessions. These cookies are associated with anonymous users and their teams, which do not permit the identification of personal data.

Through cookies, the website can recognize registered users, allowing them to access the designated area for registered users without having to register each time. Users have the option to prevent the generation of cookies by selecting the appropriate settings in their browser at any time. Moreover, under the relevant provisions of the Information Society Services and Electronic Commerce Act, SHARKCANA S.R.L.  informs data owners of its intention to send commercial communications via email or other electronic means, once they have authorized receipt of such communications.

The consent given by the user who owns the personal data for its use, for the aforementioned purposes, is revocable at any time and without retroactive effect. Concerning this data, users may exercise their rights of access, rectification, cancellation, and opposition as provided by the applicable data protection legislation. To do so, please contact SHARKCANA S.R.L. using one of the following methods, which allow proof of sending and receiving:

SHARKCANA  S.R.L, Unit 1, Flor De Mar, Los Corales Beach Village, Cortecito, Higuey, Bavaro Punta Cana 23000, Dominican Republic
Email: sharkcana.com

VIII. Modification and cancellation of these conditions

8.1.- SHARKCANA S.R.L.  retains the authority to modify, in whole or in part, the design, contents, and services of https://sharkcana.com, as well as these Conditions of Use, whenever it deems necessary. Furthermore, at its sole discretion, SHARKCANA S.R.L.  reserves the right to interrupt, temporarily suspend, or permanently cancel https://sharkcana.com or any of the contents or services included therein.

8.2 Weather Policy During Tours

It may occur that the weather changes during the tour itinerary. Consequently, the following protocols will be implemented:

a) If the tour does not pose a significant risk to the safety of the participants or the staff, the established itinerary will continue, and no refund will be issued.

b) Conversely, if the tour is deemed compromised in terms of safety due to weather changes—this decision will be made by the professional team conducting the tour in consultation with relevant authorities; the itinerary will not proceed. In this case, 50% of the tour cost will be refunded to the client.

All our tours are subject to climatic changes due to their operation in tropical regions, and we adhere to alert protocols established by the relevant authorities, including the Dominican National Meteorological Office (ONAMET). For further information, please refer to their website: http://onamet.gov.do/m/.

IX. Payments and cancellations

9.1.-The cancellation of a reservation made through sharkcana.com may result in the application of cancellation charges by SHJARKCANA S.R.L. Upon canceling any reservation, you will receive a notification via email, fax, or telephone detailing the total cancellation charges.

SHARKCANA S.R.L. reserves the right to cancel any current or future reservation without incurring penalties or consequences, particularly due to events beyond its reasonable control. Such events may include natural disasters, fires, earthquakes, hurricanes in the area, or any other causes that are beyond the reasonable control of SHARKCANA S.R.L.

9.2.- Reservation, Cancellation, and Payment Policies

When making a reservation for an activity, excursion, or tour, the client accepts the associated cancellation and no-show conditions, along with any additional terms and conditions that may impact the reservation.

No-Show Definition: A "No-Show" occurs when a client fails to attend the reserved tour without prior notice or fails to communicate their intention not to attend at least 24 hours before the tour commencement.

Cancellation Policy: Cancellations made at least 24 hours before the contracted services will not incur any expense. After this period, refunds will only be issued upon submission of a medical certificate from a health center, indicating that the client is unable to attend the contracted tour.

User Responsibilities: The User is responsible for any payment delays, incorrect bank details, invalid credit or debit card information, or insufficient balance. No refunds will be granted for non-refundable activities and excursions in such cases, unless explicitly permitted by the service provider's cancellation and payment terms.

Late Payment: The failure to pay any outstanding amounts (partial or total) on the day of the contracted services may result in a surcharge of up to 10% added to the total price of the reservation. The client authorizes SHARKCANA S.R.L. to process this payment without prior notice.

Reservation Modifications: To review, modify, or cancel your reservation, please refer to the confirmation email and follow the provided instructions.

X. Disclaimer and Limitation of Liability Notices

10.1.- In no case will SHARKCANA S.R.L.  be responsible for any of the following damages or losses—whether anticipated, foreseeable, known, or other unenumerated losses—including but not limited to: (a) loss of data; (b) loss of income or profit; (c) loss of business; (d) missed opportunities; (e) loss of goodwill or damage to reputation; (f) damage suffered by third parties; or (g) any indirect, consequential, special, or punitive damages resulting from the use of https://sharkcana.com regardless of the legal action taken. This limitation of liability is intended to be as broad and inclusive as permitted by applicable law.

10.2.- The content published on sharkcana.com including information, names, images, photographs, logos, prices, dates, and availability, is provided "AS IS" and "AS AVAILABLE," without representations or warranties of any kind, whether express or implied by law, to the fullest extent permitted by law. This includes, but is not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, and accuracy. JACTRAVEL GROUP conducts thorough checks of all products and services offered to ensure their accuracy. However, no warranties are made that the functions, content, or information contained on sharkcana.com will be uninterrupted or error-free. Furthermore, no guarantees are provided that defects will be corrected or that the servers providing access to sharkcana.com are free from viruses or errors.

10.3.- Some types of communication with SHARKCANA S.R.L.  following the establishment of the contract will be conducted in Spanish. Upon request, we will provide translation services for any communications received in Spanish; however, please note that this process may require additional time.

If any of these terms is found to be unlawful, void, or unenforceable under the laws of any jurisdiction in which these terms are to be enforced, then such term shall be severed from these terms, thereby preserving the validity of the remaining provisions, which will continue in full force and effect, remaining binding and enforceable.

10.4.- By accepting our terms and conditions policy, the user acknowledges and agrees to renounce any law, decree, or resolution that may support the total or partial reimbursement of the payment for the product or excursion purchased on our website. This renunciation includes claims to banks or payment service institutions, such as PayPal, Visa, American Express, MasterCard, or others, arising from incidents that occur during the journey of the activity undertaken, or from damages caused by force majeure or fortuitous events. Additionally, the user waives any rights related to the following incidents: non-conformity arising from the supply or proportion of food and beverages, illness, intoxication, allergies, theft, labor conflicts, dissatisfaction with servers and/or service providers, machinery breakdown, government limitations, weather conditions, defects in any transport vehicle, changes in transportation due to unforeseen mishaps, or any other causes beyond our control. Consequently, SHARKCANA S.R.L.  shall not be held responsible for any of the causes prescribed or indicated herein.

XI. Applicable legislation and conflict resolution

11.1 The parties expressly waive their right to jurisdiction, agreeing that the applicable legislation for these Conditions of Use and Contracting shall be the Spanish legal system. Furthermore, for the resolution of any disputes or litigation arising from these Conditions, the parties consent to submit to the jurisdiction of the Courts and Tribunals of the Dominican Republic as appropriate to the relevant territorial jurisdiction.