I.- PARTIES

The COMPANY (indistinctively dTicket or the Operator). dTicket SpA is a commercial company incorporated under the Laws of the republic of Chile, tax id: 76.258.034-9 domiciled at Avenida Nueva Providencia 1881, office 1201, commune of Providencia, Santiago, metropolitan region, postal code 750 0520, on one part; and on the other, The CLIENT. The person who declares to accept and subscribes the present instrument at the end of the same.

II.- BACKGROUND

The COMPANY offers a unique integrated reservation system and other additional services for the Torres del Paine national Park. In other words, it allows the users to make all the reservations in just one place and make one single payment.

III.- DESCRIPTION OF SERVICES.

The COMPANY's services consist of the following:

a) Provide the CLIENT an integrated offer to book lodging at the Torres del Paine National Park, showing the accommodations offered and their combinations on their web sites.

b) Negotiate the lodging contract between the CLIENT and the accommodation supplier.

c) Payment of the accommodation chosen by the CLIENT to the service supplier and delivery of the Accommodation Voucher (itinerary) for the chosen Accommodation(s) that the CLIENT has purchased through the COMPANY as a result of his/her Booking.

d) Make available to the CLIENT the integrated offer of other additional services for the Torres del Paine National Park, such as: food, complementary accessories for lodging, transport.

e) Payment of the additional services selected by the CLIENT to the service provider and delivery of Voucher of selected additional service(s), which the CLIENT has purchased through the COMPANY as a result of its Booking.

f) Make available to the CLIENT the available tickets to enter the Torres del Paine National Park, pay for the ticket selected by the CLIENT and deliver it to the CLIENT. The purchased tickets will be sent to the e-mail address(es) indicated by the CLIENT, at least 10 days prior to the CLIENT's entrance to Torres del Paine National Park.

IV.- TERMS AND CONDITIONS OF USE OF THE SERVICES.
One.- Service contract.

  • In the service contract, the COMPANY agrees to comply with the obligations related to the provision of the services it offers under these Terms and Conditions and the CLIENT agrees to pay the total Contract Price hereunder.

  • The COMPANY's website contains an interactive web interface through which the Service Contract between the CLIENT and the COMPANY is formalized, all of which is understood to be perfected once the online order form is completed and submitted and the online payments of the Contract are made. Consequently, before submitting the online order form, the CLIENT is able to verify, change and correct any data entered.

  • The email confirmation of the reservation by the CLIENT is the proof of the execution of the Service Contract with the COMPANY.

  • The Service Contract is executed in the language selected by the CLIENT on the COMPANY's website throughout the booking. However, it should be considered that only the Spanish version of the Terms and Conditions set forth herein is legally binding. The translations have been provided solely for the convenience of the user. In the event of any discrepancy between the translation and the Spanish original of the Terms and Conditions set forth herein, the Spanish original shall prevail.

  • Given the nature of the services provided, the COMPANY will begin to provide these services immediately after the execution of the Service Contract with the CLIENT. The execution of the Service Contract shall be understood as the CLIENT's request for the immediate provision of the services by the COMPANY.

  • The obligations of both the CLIENT and the COMPANY under the Service Contract shall apply and shall be carried out upon payment of the Total Price in accordance herewith.

  • Then, if the COMPANY does not manage the accommodation or additional services contract for the CLIENT in accordance with the present document within 48 hours after accepting the payment of the total price, the COMPANY will contact the CLIENT and will try to offer an alternative solution, or failing that, the CLIENT or the COMPANY may withdraw from the Service Contract. If the CLIENT or the COMPANY withdraws from the Service Contract, the CLIENT shall be entitled to a refund of the total contract price within 3 working days (excluding Saturdays and Sundays) without prejudice to the conditions established by the payment method used by the CLIENT.

  • The circumstances under which the CLIENT may withdraw, resign, leave without effect and / or modify the Service Contract are explicitly set forth in these Terms and Conditions. In relation to the possible withdrawal or resignation of the accommodation contract executed with the accommodation provider, the terms and conditions of each of the respective accommodation providers shall apply. By concluding and subscribing the Service Agreement, the CLIENT shall express and state that he/she has the necessary legal capacity to accept and be subject to these Terms and Conditions and that he/she is familiar with the terms and conditions of each of the respective Accommodation Providers and other additional services. Service fees will only be refundable if the client formally requests the cancellation of the entire reservation, provided that such request is made within the timeframes established in the terms and conditions of each provider. Consequently, if the request is to cancel only part of the reservation (partial cancellation of the reservation), the refund of service fees will not be applicable in such case.

Two.- Accommodation and additional services contract.

  • Different contracts.
    When completing the Accommodation Reservation and any of the additional services, the CLIENT must consider that he/she is entering into different contracts separately: (i) the Service Contract entered with the COMPANY and (ii) in the Accommodation or Additional Services Contracts with the respective Provider. These various legal or contractual relationships are absolutely independent of each other, and are entered into with different parties, (i) the CLIENT and the COMPANY on the one hand with the service contract and (ii) the CLIENT and the accommodation or additional service provider on the other hand, and as such, these relationships are governed by different rules, terms and conditions.

  • Intermediation of the Accommodation contract or additional services
    The COMPANY is mainly responsible for negotiating the Accommodation or Additional Service Contract between the CLIENT and the Accommodation or Additional Service Provider. The content of such Accommodation or additional services Contract will be determined by the CLIENT and the terms and conditions of the Accommodation provider or the additional service provider.

  • Power of attorney.
    The service(s) are only provided to the CLIENT on the basis of a power of attorney. Thereafter, upon entering into the Service Agreement with the COMPANY, the CLIENT shall appoint the COMPANY as its attorney-in-fact and shall grant the COMPANY all powers to represent the CLIENT to the extent necessary for the provision of all services by the COMPANY. If a written power of attorney is required, the CLIENT must provide it to the COMPANY as soon as it is formally requested.

  • Change or cancellation of Accommodation or Additional Service(s).
    The COMPANY reserves the right to change or cancel any Accommodation or additional service offered if the offer of the respective Provider changes; especially if the change refers to the characteristics of the accommodation or additional service selected. If during the rendering of services by the COMPANY, an Accommodation or additional service Provider changes the conditions, the COMPANY will promptly and timely notify the CLIENT and will make every effort to offer new reasonable alternative options and proceed in accordance with the present instrument.

  • Delivery of Accommodation Confirmation and additional services.
    Booking Patagonia only sends the summary of the contracted services including access to the park. Confirmation e-mails are sent directly by each service provider, with the respective details and individual reservation number, with the exception of Vértice Patagonia S.A., where the confirmation is sent by Booking Patagonia. It is necessary that the CLIENT enters his/her e-mail address in the correct form and without any abbreviations. The COMPANY will not be liable for defective delivery or non-delivery of electronic tickets, if it is due to circumstances attributable to the CLIENT, such as entering an incorrect e-mail address or an incorrect e-mail configuration. The CLIENT must promptly notify the COMPANY of any changes in his/her contact information that may affect the COMPANY's ability to deliver the requested accommodation and additional services e-tickets to the CLIENT.

  • Accommodation conditions and other additional services.
    The CLIENT acknowledges that the terms and conditions of an accommodation or additional service provider shall unconditionally apply to his/her contractual relationship with the corresponding provider and that he/she shall be aware of such terms and conditions prior to the execution of the Service Agreement and completion of the Reservation.

    The CLIENT acknowledges that the COMPANY only organizes the Reservation of his/her Accommodation and additional services. However, the COMPANY does not offer any guide service or any kind of support once the CLIENT is in Torres del Paine National Park.

    It is the CLIENT's responsibility to ensure that he/she will be physically able to perform the selected hike, as well as any other person included in his/her reservation. Approximate times and distances for each section of the hike are provided on the COMPANY's website but are and should only be taken as a rough estimate.

    For the CLIENT's convenience, the COMPANY shows a map of the park with the approximate route of the selected marked hike. This is purely indicative and should never be used for actual navigation in Torres del Paine National Park.

Three.- Prices, Costs and Charges.

  • Price of the COMPANY's Service.
    For the provision of its services, the COMPANY will charge the CLIENT the equivalent of 10% of the total value of the services hired to the different suppliers. In addition to the percentage above mentioned, the CLIENT shall be exclusively responsible for the value corresponding to the charges for services rendered by the payment gateways used by the CLIENT, which shall not exceed 5% of the total amount of the services hired from the different suppliers.

  • Full price. (Quoted price)
    The Full Price displayed on the COMPANY's Website, as well as the quoted price, is the final price for the Accommodation or additional services hired and includes the base fee, VAT and the price of the COMPANY's services. However, it does not include other fees, charges or service charges related to the CLIENT's accommodation under the Accommodation Contract, which are provided by the Accommodation Provider(s) and/or third parties, such as additional services, tourist taxes, bank fees, etc.

  • Ways of payment.
    The CLIENT must pay the Full Price with a payment card or other online payment method offered on the COMPANY's website by entering the required data in the corresponding online form. The COMPANY shall not be obligated to provide any services until the COMPANY receives payment of the Full Price from the CLIENT and confirms acceptance.

  • Price changes.
    The price of the tickets for the various contracted services may change at any time after the CLIENT makes the reservation with the COMPANY. Then, when the price is lower, the COMPANY will not be obliged to provide any kind of refund to the CLIENT because the booking of the Accommodation or the additional service(s) and respective payment process is for the price valid at the time of the CLIENT's Booking.

    If an alternative accommodation or other combination of additional services for the CLIENT's destination is agreed between the CLIENT and the COMPANY, the total price may change. In such a case, both parties will proceed to settle the price difference between the original full price and the new full price. Then, the CLIENT or the COMPANY as the case may be, will pay such price differences to the counterparty.

Four.- Cancellations and refunds.

  • The COMPANY is not responsible for cancellations or No Shows due to impossibility of arrivals or access to refuges or camping sites due to external causes such as weather problems, roadblocks, natural phenomena, problems with airline connections, delays in transfers or not departures from boats and/or catamarans, social or political manifestations or other problems derived from these or any other factor beyond The COMPANY will and control. For such eventualities, it is suggested to take out travel insurance for the passengers.

  • The CLIENT expressly acknowledges that any alteration, change or cancellation of the Accommodation or additional services is subject to the Terms and Conditions of the Accommodation Provider or said additional services.

  • The COMPANY will be able to manage the cancellation with each of the Accommodation and Additional Service Providers and process the refund to the possible extent. Please note that this process may take several days.

  • If under these Terms and Conditions, the CLIENT may become entitled to receive a refund of the full or partial price originally paid to the COMPANY or other form of refund, this will be made using the same method of payment that the CLIENT used for payment of the full price. This may take up to 21 business days from the formal request made by the client.<

  • The COMPANY assumes no liability in relation to the transfer of funds to the CLIENT and such liability rests solely with the financial institutions responsible for remitting the transaction.

  • The CLIENT acknowledges that, in case of cancellation, the refund of the COMPANY's fee or service charge (service charge) is not possible or even less enforceable because the intermediary service has already been performed and has been completed. However, a 100% refund will be made if the CLIENT withdraws within 90 days of entering the Park. However, refunds have a deadline that is defined and conditioned by the terms and conditions of each respective provider.

Five.- General Rules.

  1. Divisibility.
    If any provision of the Service Agreement is determined to be invalid or ineffective, the remaining provisions of the Service Agreement shall remain in full force and effect to the extent not dependent upon such invalid or ineffective provision. In such event, any invalid or ineffective provision shall be replaced by a new, valid, and effective provision that corresponds to the intent and purpose of the provision being replaced.

  2. Applicable law.
    The Service Agreement and any legal relationship established thereunder or arising therefrom, including questions of its formation and validity, shall be governed by the laws of the Republic of Chile to the exclusion of any rules on conflicts of law.

  3. Processing of personal data.
    The processing and protection of personal data provided hereunder is governed by the Law on the protection of personal data as well as by the COMPANY's privacy policy, which is available on the COMPANY's website. The aforementioned privacy policy forms an inseparable part of these Terms and Conditions and the CLIENT is obliged to always read and accept it before accepting these Terms and Conditions.

  4. Modifications.
    The COMPANY reserves the right to modify these Terms and Conditions at any time and without prior consultation with the CLIENT. These Terms and Conditions are valid and effective from the moment the CLIENT submits a completed online order form through the COMPANY's website and shall apply to the respective Service Contract.

    It should be noted that these Terms and Conditions may have changed by the time the CLIENT chooses to use the COMPANY's services again, and accordingly, the CLIENT should read them carefully again before ordering any services from the COMPANY. All versions of the Terms and Conditions are available and may be downloaded from the COMPANY's website.

  5. Applicability.
    These Terms and Conditions shall apply to all Service Contracts entered on or after November 28, 2021.

  6. Protection against fraudulent transactions.
    To ensure the high level of the COMPANY's services and to protect the parties against fraudulent transactions, the COMPANY reserves the right to perform checks (verification) of payment cards. For this reason, the cooperation of the CLIENT is requested to verify the identity of the payment card holder. Until successfully verified, the obligation to immediately begin the provision of services by the COMPANY is suspended. In this case, the CLIENT's funds will be blocked in the bank and, therefore, cannot be withdrawn by the COMPANY. The time it takes to verify a payment card is not included in the period within which COMPANY agrees to negotiate a contract for accommodation and additional services.

  7. Damage liability.
    The COMPANY shall not be liable for any damage, harm or loss arising as a consequence of any action or omission on the part of a accommodation provider or other third parties in connection with the CLIENT's accommodation. Nor shall the COMPANY be liable for any damage, harm or loss resulting from actions or omissions of the CLIENT that are contrary to these Terms and Conditions.

  8. Means of remote communication and costs.
    The COMPANY will not charge any additional costs beyond the Full Price for the use of the remote means of communication it uses to communicate, negotiate, and enter into the Service Agreement with the CLIENT, i.e., there are no service charges for communication between the COMPANY and the CLIENT via the Internet or telephone. All fees related to all telephone communications with the CLIENT are dependent upon the CLIENT's own telephone or Internet provider; The COMPANY is not responsible for any costs incurred in this matter and will not be reimbursed by the COMPANY.

  9. Supervisory authorities.
    The authorities that supervise the commercial activities of the COMPANY and to which the CLIENT can direct complaints is the SERNAC.

  10. Contract termination.
    The circumstances under which the CLIENT may withdraw, resign, terminate and/or modify the Service Agreement are explicitly set forth in these Terms and Conditions. It should be noted that the right to withdraw from the contract within 14 days after its execution applies to the Service Agreement agreed between the CLIENT and the COMPANY. In connection with the possible withdrawal or waiver of the accommodation contract concluded with the hosting provider, the terms and conditions of each respective accommodation provider shall apply. By concluding and entering into the Service Agreement, the CLIENT shall express and represent that it has the necessary legal capacity to accept and be bound by these Terms and Conditions and that he/she is familiar with the terms and conditions of each of the respective Accommodation Providers; especially the terms regarding the possible withdrawal or termination of the Accommodation Contract, voluntary and involuntary cancellation and change of the Accommodation(s), and/or any other change related to the Accommodation(s).

  11. Dispute settlement.
    For all legal or judicial effects derived from this instrument, the parties establish the city of Santiago as their legal and conventional domicile and submit to the jurisdiction of its courts. Before initiating the established dispute resolution mechanism, the CLIENT is advised to contact THE COMPANY at the following e-mail address: contact@bookingpatagonia.travel to resolve any of his/her complaints or suggestions.


September 2024.