GENERAL TERMS AND CONDITIONS OF DESPEGAR.COM USA
WELCOME TO DESPEGAR.COM. LET US THANK YOU FOR CHOOSING US. WE ENCOURAGE YOU TO READ THE INFORMATION BELOW.
- The terms "DESPEGAR", "DESPEGAR.COM", "we", and "our" refer to Travel Reservations S.R.L, domiciled in Uruguay, and/or Desonproc S.L., domiciled in Spain, and/or Despegar.com USA, Inc., domiciled in the United States of America. The term "You" refers to the user of the services offered by DESPEGAR.COM through any of its current channels -telephone, and/or website, and/or mobile application (the "Platform(s)" and/or the "Site")- or future channels.
- DESPEGAR.COM is an on-line travel agency that provides a technological platform through which a huge number of tourism service providers (the "Provider(s)") may offer and sell their products to users and, users, in turn, may search for flights, accommodation, cars, cruises, activities, and other tourism services (the "Tourism Service(s)"), compare and book such services in real time, and purchasing them, either separately or in combination, thus creating and managing their own trip in accordance with their personal needs.
- DESPEGAR.COM is not the provider of Tourism Services. DESPEGAR.COM acts on behalf of the Providers; therefore, it is not bound to provide the Tourism Services, neither directly, nor indirectly. Upon hiring Tourism Services through DESPEGAR.COM, you are entering into a contract with the Provider who offers the Tourism Services in our Platform, directly. DESPEGAR.COM acts as an intermediary between You and Tourism Service Providers, on behalf of the Providers.
- Upon hiring Tourism Services through DESPEGAR.COM, You acknowledge that you have read, understood, and agreed to the following terms and conditions. Likewise, You guarantee that: (i) You are of legal age; (ii) You have full legal capacity to enter into agreements; (iii) You only use DESPEGAR.COM's Platform to book or hire Tourism Services for You and/or another person whom You are authorized to represent; (iv) if You are hiring services involving Cuba as a destination or a layover, you are not a US citizen or resident, neither are you subject to the US jurisdiction; and (v) all the information You provide to DESPEGAR is true, accurate, current, and complete.
- These are general conditions that apply to the intermediation service provided by DESPEGAR. Under no circumstance shall these conditions replace or modify the limitations of liability legally set forth, or the special or specific conditions established by each Provider in respect of its Tourism Services. Before hiring the services, please review the specific conditions of each Tourism Service and each Tourism Service Provider. DESPEGAR shall not be held liable for and shall not intervene in the determination of any specific conditions set forth by each Provider in respect of the provision of its Tourism Services.
- DESPEGAR declares that, in the context of the intermediation activities involved in the commercialization of Tourism Services, it cannot be ensured that the destination chosen does not pose any risk for people' health and security. DESPEGAR shall not be held liable, neither directly, nor indirectly, for the damages or losses that You or the people traveling with You may suffer before, during, or as a result of the destination chosen. DESPEGAR shall not be held liable for events arising from unforeseeable circumstances or force majeure, including weather phenomena, acts of nature, trade union conflicts, among others, that may occur before or after the provision of Tourism Services and that may eventually delay, interrupt, or prevent them from being provided.
- Before confirming the purchase order by clicking on the Purchase button -and prior acceptance of these General Conditions- (the "Purchase Order"), we suggest that you review the specific terms and conditions applicable to the Tourism Service being hired. Thus, You can avoid unexpected situations and enjoy your trip as planned. Each Provider, without the intervention of DESPEGAR.COM, sets the policies applied to each Tourism Service. DESPEGAR.COM specifically declares that it does not intervene in the collection of penalties imposed by the Providers or rate differences, if applicable, which shall depend on the policies of each Provider.
- The mere use of the Platform implies acceptance of any and all the general and specific conditions included in these terms and conditions. By reading them, You shall be able to enforce your consumer rights better. We suggest that you print and keep these terms and conditions together with the other trip-related documents. Please remember to take notes of your Purchase Order number, which shall appear on the screen after its confirmation. Said number enables you to identify your transaction and take any steps through DESPEGAR.COM.
IF YOU HIRE TOURISM SERVICES THROUGH DESPEGAR, PLEASE READ THE FOLLOWING INFORMATION:
- HOW IS THE BOOKING AND PURCHASE PROCESS? By sending a Purchase Order through DESPEGAR's Platform, You are authorizing us to manage your booking and to charge the relevant amount to your account or credit card. Please pay attention to our subsequent communications, as we shall keep you informed about the progress and the status of your Purchase Order. A successful completion of your booking and/or purchase confirmation depend on full and timely payment of the price and/or rate of all Tourism Services. As long as full payment of your booking amount remains unconfirmed, the Purchase Order is pending and may be canceled by the Provider. Final confirmation of Tourism Services and prices occurs upon the issuance of the electronic tickets or the submission of the voucher, whichever applicable, and the billing. In credit transactions, the requirements set forth by the issuing bank must be satisfied. The issuance of the electronic ticket or the voucher -whichever applicable- is proof of acceptance of the Provider's conditions and the execution of the agreement between the Provider and the person whose names appear on such electronic ticket or voucher.
If your Purchase Order is subject to confirmation -of which You shall be informed in the first e-mail we send- the amounts paid before confirmation shall be received by us as a reservation. If your Purchase Oder is rejected, whatever the reason (such as insufficient funds in your credit card, unavailable products, changes in the rates, among others), DESPEGAR shall inform you about any available option in case You want to continue purchasing or booking, or it shall reimburse the amount paid in case you so prefer.
If after making a Purchase Order You do not receive an e-mail informing of the purchase, please check the spam folder and/or access the sections My Account, or My Booking, or My Trips, in the Platform, with your Purchase Order number, where You shall be able to take any steps necessary and/or solve any doubt.
- WHAT PERSONAL DETAILS MUST BE PROVIDED? You must fill in all the fields with exact data so that You can effectively book Tourism Services through DESPEGAR. Upon entering your personal details in the Platform, You represent that such details ("Personal Details") are exact, accurate, and true, and You undertake to update such details as necessary. DESPEGAR shall not be held liable for the truthfulness of the Personal Details provided by You. You guarantee and are liable for and the truthfulness, accuracy, validity, and genuineness of Personal Details entered. Please remember that all your details must be exactly the same as those included in the Trip Documentation, as described in item VI.
- WHAT CONTACT DETAILS ARE REQUIRED? You must enter an e-mail address in the Personal Data section. That e-mail address is the only communication channel between DESPEGAR and You. Please check that the contact e-mail address you provided is correct and pay attention to the information we shall send to that address. It is considered that, by sending information to the e-mail address You provided, You are duly informed about your Purchase Order confirmation, or any inconveniences or changes. Please bear in mind that if there is any error in the e-mail address You provided, You shall not receive communications that are essential for the management of your Purchase Order. Anyway, You may access the section My Account (or My Bookings and/or My Trips), where you can keep track of and/or manage all your Purchase Orders.
- WHAT BILLING DETAILS ARE REQUIRED? You must enter your accurate tax identification details in the Billing Data section so that we can issue the corresponding invoice. You represent that such details are exact, accurate, and true. DESPEGAR shall not be responsible for the issuance of documents containing incorrect information provided by You. You guarantee and are liable for and the truthfulness, accuracy, validity, and genuineness of the tax identification details entered. The update of Personal Details, as mentioned in item II, shall not affect the tax identification details You provided for billing purposes. Upon any inconsistence between the billing details You provided and those shown in the invoice, the customer may request an update of the invoice through the section My DESPEGAR within 30 days following the issuance of invoice. You may receive an invoice issued by any of the entities detailed at the beginning of this document, that is, DESPEGAR or DESPEGAR.COM.
- WHAT INFORMATION MAY I FIND IN DESPEGAR.COM'S PLATFORM? The information published in DESPEGAR's Platform related to prices, quality, and characteristics of the Tourism Services, as well as the availability, sale conditions, restrictions, cancellation policies, or reimbursements (among others), is determined and provided by the Providers of such Tourism Services on-line and in real time. In its capacity as the intermediary, DESPEGAR informs you about the characteristics of the Tourism Services, manages your Purchase Orders to the Providers, collects, if applicable, rate amounts, and provides support in case you have any doubt or inconvenience. DESPEGAR makes its best effort to provide correct and accurate information, but it shall not be held liable for errors (such as obvious errors and typos), interruptions (due to temporary and/or partial system crashes or system repairs), inaccurate, misleading, or false information supplied by Tourism Services Providers. DESPEGAR is not an entity that promotes the quality, the service level, and/or the rating or classification of any Tourism Services available in the Platform, and should not be considered as such. We suggest that you read the comments provided by other users, which appear in the Platform, so that You can have some advice on the Tourism Services chosen and evaluate if they satisfy your needs and expectations.
- WHAT DOCUMENTS ARE REQUIRED FOR TRAVELING? You are responsible for being informed about the legal, and/or immigration, and/or sanitation requirements that You or the people traveling with You must follow in order to travel as planned (the "Trip Documentation"). Please check in advance all the requirements for arriving at your destination and/or layover country, special visas and/or passports conditions, driving licenses, vaccines, authorizations for minors traveling abroad, or other documents, even if You do not need to leave the airport. If You need any such documentation and You do not have it, please take all steps necessary to obtain it in advance. The requirements may vary based on the destination and/or layover country, on your nationality and/or residence, and/or the documents you carry on your trip. Please remember that You are responsible for complying with all the requirements and/or the documentation required by the immigration, custom, and/or sanitation authorities of the destination and/or layover countries. We suggest that, before booking and departing, You should seek advice on all the necessary requirements from the corresponding embassy or consulate. To obtain more information, please visit: http://www.iatatravelcentre.com. Please check the validity expiration date of the documents in advance and bear in mind that some countries require that such expiration date has not occurred within a period of six months before your arrival at the foreign country.
If You are traveling with a minor, a person under 18 years old, not only do You need the valid traveling document (ID or passport) but also the authorization based on the following criteria: (i) if the minor travels with both parents, a document evidencing the parental status, such as the birth certificate (irrespective of the issuance date), the minor's ID or any equivalent document showing birth data, based on the country of residence, is required; (ii) if the minor travels with only one of the parents, any of the above-mentioned documents evidencing the parental status as well as the minor's traveling authorization granted by the absent parent are required by competent authority; and (iii) if the minor's parents are also minors, the parents authorization as well as one of his/her grandparents' authorization are required. Notwithstanding the foregoing, please check the Trip Documentation that You need, based on the type of transport, the Provider, and the origin or destination country, as they may change depending on whether you travel by sea, land, or air, and on each Provider. If the minor does not travel with an adult with full legal capacity, please check applicable policies of each Provider as regards this situation.
- WHAT DO I HAVE TO PAY FOR? HOW CAN I PAY? When You book one or more Tourism Services through DESPEGAR, You have to pay (i) the price or rate set by the Provider, (ii) the taxes, rates and/or surcharges applicable to the Tourism Service and, if applicable, (iii) the management charge for the intermediation service provided by DESPEGAR (the "Management Charge"). Please remember that DESPEGAR represents and acts on behalf of the Tourism Services Provider, and that the amount corresponding to the price or rate of such Tourism Services is transferred (endorsed) to the Provider. DESPEGAR.COM offers different payment methods for the Tourism Services, depending on the Service to be acquired, the Provider supplying such service, and the means of payment. The means of payment and payment methods available for each Tourism Service shall be informed in the Platform before making a Purchase Order.
- WHAT HAPPENS IF I PAY WITH CREDIT CARD? Please bear in mind that by providing DESPEGAR with your account or credit card information (through the form available in the Platform) and, then, accept or confirm the transaction, You are authorizing us to charge the amount payable that includes: (i) the rate of the Tourism Service; (ii) any applicable taxes, rates and/or surcharges applicable to the Tourism Service; and (iii) our Management Charge, if applicable. If You book a product and choose the installment and/or credit card payment option, please take into account that:
- The Management Charge of DESPEGAR.COM (if applicable) may be fully charged in the first installment even though You have chosen the installment payment method for the rest of the price or rate.
- The interest and/or taxes that may result from the installment payment are added to the price or rate proposed for the service, and the total amount is divided for the number of installments selected for payment.
- If You and the credit card issuing bank have made a debit-balance life insurance arrangement or have agreed on other charges affecting the total financial cost, please remember that You should check with the bank the term, conditions, and costs of such insurance or charges, since they depend on or differ based on the arrangement between You and the credit card issuing bank or credit card operator without the intervention of DESPEGAR. Please remember to be informed on the terms and conditions, and the interest conditions of your credit card before using the installment payment option.
- If You settle the amount owed after the purchase -if and when this is permitted under the specific conditions of the Tourism Services-, DESPEGAR shall not reimburse or be held liable for any interest arising from the original transaction as DESPEGAR does not receive such interest amount.
- The price payable may be charged in domestic currency or in dollars, depending on whether it is domestic or foreign transaction. If it is payable in dollars, the amount shall be charged to your international credit card limit. In any case, irrespective of the payment currency, the rate or price shall be the one You have been informed about and You have accepted. Please remember that, in addition to the taxes, some banks and credit card operators may impose certain charges on international transactions in accordance with the relevant foreign law. Furthermore, your bank may convert the price to the local currency and charge an additional fee for the conversion. It may be the case that the exchange rate used by a bank is different from the one shown in the Platform. Therefore, You may see changes between the amount charged by the bank and the amount informed in the Platform. The exchange rate and the international transaction fee is determined by the bank. If You have any doubt about the exchange rate and the booking rate, please contact the bank.
- Each transaction is subject to anti-fraud verification processes. One of these processes consists in charging an amount equivalent to 1 USD to your credit card limit in dollars, under an operating host located in England, for the purpose of verifying the identity and the international validity of the card. The charge and chargeback process may be seen in the bank statement. It does not generate any charge or additional cost for You since, after verifying the identity and the validity, the charge is reverted (annulled).
- For certain destinations, the Tourism Service Provider may charge You directly for the Tourism Service hired. In these cases, DESPEGAR shall inform You about this situation at the time of the purchase, and You shall receive an invoice issued by the Provider. In these cases, please bear in mind that the amount shall be charged to your international credit card limit, in American dollars, as shown in the payment details.
- ONCE THE PURCHASE ORDER HAS BEEN CONFIRMED, CAN I CHANGE OR CANCEL IT? IF SO, ARE THERE ANY RELATED COSTS?
If You request for a change or cancellation, and any such change or cancellation is permitted under the specific conditions applied to the rate You selected, DESPEGAR.COM shall submit your request and keep track of it, but the Tourism Service Provider shall make the final decision. The procedure and special conditions governing the change or cancellation of bookings confirmed by You are determined by the Tourism Service Provider, who may impose fines or penalties for the changes requested. These conditions are available in our Platform. Please read them and remember that, for some Tourism Services, changes and/or refunds are either rejected or accepted under certain restrictions and/or penalties -even in case of illness, strike, weather phenomena, among others-, as determined by the Provider. Please remember that each Provider shall determine their own penalties without the intervention of DESPEGAR.
- All steps necessary to be taken at DESPEGAR are on-line and in real time. By requesting for a change, You are canceling a confirmed booking and requesting for a new booking that shall be governed by the specific conditions applicable at the time of the change; therefore, in addition to applicable penalties, there may be a rate difference that consists in the amount resulting from the difference between the originally paid rate and the new rate, based on rate availability at the time of the change (the "Rate Difference"). Please remember that tourism rates are dynamic and depend on factors such as advance purchase, travel dates, season promotions, and as regards flights, rate restrictions (the tighter the restriction, the lower the price).
- In case the refund is approved by the Provider, it may be made through a credit or a chargeback to the same card as the one used for booking, prior authorization of the credit card holder. If payment has been made in cash and/or by wire transfer, your bank details shall be requested by DESPEGAR in order to reimburse such amount by wire transfer. The refund and/or chargeback period shall depend on each Provider (as for the airlines, it is expected that they take from 30 to 120 days).
- It is important to mention that the Providers are not bound to exempt the user from complying with the conditions of the contract, even in case of proven illness or physical disability that prevents the person from traveling. That is to say, if under the conditions applicable to the rate paid a penalty is applied to changes or refunds, or any such changes or refunds are not allowed, the Provider may charge such penalty amount or refuse to refund the booking amount.
- The Management Charge collected by DESPEGAR is non-reimbursable. In case of cancellation of confirmed bookings, whatever the reason, the Management Charge shall not be reimbursed since it corresponds to a service fully provided by DESPEGAR.COM. Likewise, if You request for the change or the cancellation of a Tourism Service, DESPEGAR.COM may collect an additional Management Charge.
- WHAT HAPPENS IF I DO NOT USE A BOOKED SERVICE? If You do not appear for the purpose of using the service booked on the date and the time specified (or if You appear late), the situation is considered a No Show, as defined in the tourism sector, and You do not have the right to receive total or partial refund of the amount paid. If You are not going to use the services booked, either in full or in part, or if You are going to appear late, we recommend that you inform DESPEGAR of this situation in advance so that you know applicable restrictions.
- SPECIAL CONDITIONS APPLICABLE TO TOURISM PRODUCTS INVOLVING CUBA AS A DESTINATION: In accordance with applicable regulations of the United States, tourism trips to Cuba are prohibited for citizens, residents, or persons subject to the United States jurisdiction. This rule has some exceptions (such as trips to visit family members; official duties performed for the United States government, foreign governments, and non-governmental organizations; journalism; research and professional meetings; among others). At present, DESPEGAR does not have enough resources to be able to verify these exceptions during the on-line purchase process. Therefore, currently, we cannot offer this destination to the citizens covered by the above-mentioned exceptions. To obtain more information, please visit https://cu.usembassy.gov/es/u-s-citizen-services-es/local-resources-of-u-s-citizens-es/viajes-a-cuba/
- WHAT IS THE PROCEDURE APPLICABLE TO DOUBTS OR CLAIMS? If You need to make a claim and/or have a doubt, request for changes and/or cancellations -as long as this is permitted under the conditions applicable to the rate-, request for the resubmission of vouchers or tickets, and/or download your invoice, You may access the section My Account (or "My bookings", or "My trips"), on a 24-hours-a-day basis, as long as you have signed up at the Platform, with your Purchase Order number, where you can take all steps necessary. Please remember that DESPEGAR is an on-line travel agency and, as such, the main contact is the on-line Platform. Irrespective of that, phone numbers are available for urgent matters They appear on the e-mails and the vouchers sent for each Tourism Service.
- If You want to make a claim, a suggestion, or if You have a doubt, we recommend that you make a detailed description of the facts, explaining the events that have occurred and stating the solution You seek in clear and simple language, and that You immediately attach a copy of the supporting documents. Thus, we will be able to review the case as quickly and efficiently as possible. DESPEGAR.COM shall analyze the claim and reply to your e-mail as soon as possible. If upon reviewing the supporting documents it is considered that the claim is valid, in full or in part, DESPEGAR.COM shall let you know and shall send the corresponding arrangement by e-mail. Provided however that DESPEGAR may offer an alternative solution, different to your requests.
- If You agree on DESPEGAR's proposal, You must sign the corresponding arrangement and send it to DESPEGAR.COM to an address to be determined. Once DESPEGAR has received the document, a customer support agent shall contact you for the purpose of informing the payment date and other relevant conditions regarding performance of the arrangement.
- Any change or cancellation of a booking made through DESPEGAR shall be managed through DESPEGAR, even though they are governed by the conditions set by Tourism Services Providers. In any of the above-mentioned cases, the airline and/or the Provider shall transfer it to our company.
Please bear in mind that each Provider has its own regulations for the provision of Tourism Services. Upon reviewing these regulations, irrespective of other matters in which You are interested, please pay attention to these items:
CHAPTER 1 – FLIGHTS
Air transport is governed by Aviation Regulations. Furthermore, each airline (the "Airline") sets forth its own regulations governing the rates for the commercialization of flights (the "Plane Ticket(s)").
- FLIGHT BOOKINGS AND RATES: DESPEGAR is an agency certified by IATA, authorized to sell Plane Tickets on behalf of Airlines that are members of IATA, in accordance with their rates regulations, transportation conditions, and written instructions. When You make a Purchase Order in the Platform, and it is confirmed by the issuance of an e-ticket, an entry (Electronic Ticket Record, ETR) is recorded automatically, without any manual intervention, in the Airline system, with the data that You have included in the Platform. Each Plane Ticket is governed by a series of conditions and restrictions, which are determined by each Airline for each particular rate. Depending on the amount of the rate, certain restrictions are imposed on the use of Plane Tickets, for example: non-reimbursable nature, non-transferable nature, restrictions on changes in flight routes, minimum and maximum stays, restrictions on the reimbursement of amounts paid, among others. The cheapest rates are the ones that have more restrictions. Please bear in mind that DESPEGAR is not authorized to change or modify any regulation applicable to Plane Tickets whatsoever.
- FLIGHT INFORMATION: All the information shown in the Platform in respect of Plane Tickets offered (itineraries, rates, among others) is provided and updated on-line and in real time by each Airline through a global booking system (Global Distribution System, GDS). The Airlines are exclusively responsible for updating rates, availability, and other information appearing in the Platform through GDSs. Therefore, during the period of time covered since You make a Purchase Order until payment is confirmed or the Plane Ticket is issued, the rates set forth by the Airlines may vary based on availability. The final prices shall be set upon final confirmation of the booking, which takes place upon the issuance of the electronic tickets and their billing. DESPEGAR does not set flight rates, nor does it have control on their availability.
- PAYMENT METHODS: If You pay with credit card, both the flight rate and the taxes and rates are directly charged with the commercial code of the Airline. Thus, such amount is not collected by DESPEGAR. If You pay through deposit or wire transfer, DESPEGAR shall endorse the corresponding rate amount to the Airline. In all these cases, DESPEGAR only collects the corresponding Management Charge amount.
- FLIGHT RESCHEDULING, DELAYS, AND/OR CANCELLATIONS: For reasons attributed to the Airlines, and beyond the control of DESPEGAR, certain flight conditions such as the time, date, or itinerary may be changed, or the flights may be delayed, and/or rescheduled, and/or canceled. The transporting company is authorized to make changes in scheduled flights as long as it notifies the aviation authority about such changes, in accordance with applicable regulation. DESPEGAR does not intervene in flight changes that may be made. Upon changes occurring 24 hours before flight departure, due to instructions of the final Provider, DESPEGAR.COM shall inform You the about the available alternatives and shall only confirm the changes prior your expressed confirmation or approval. Any claim, demand, or complaint related to the provision of the service chosen shall be directed to the Airline. Please remember that the Airlines are the entities that provide the transportation service. Within 24 hours following flight departure, DESPEGAR.COM cannot manage Plane Tickets.
- ARRIVAL AT THE AIRPORT: You should appear at the check-in desk of the Airline, at the departure airport, on the date and the time expected, with Trip Documentation. For domestic flights, we recommend that you appear at the airport 2 hours in advance, and for international flights, 3 hours in advance. Please bear in mind that the time shown in your Plane Ticket is expressed at the local time of the destination and/or layover country. If You do not appear for boarding or You are late (No Show), the Airline may cancel the booking of subsequent flights or the return flight. If so, You do not have the right to demand total or partial refund of the amount paid.
- REQUEST FOR CANCELLATION OR FOR CHANGES IN THE DATE OR THE ITINERARY: It is important to mention that Airlines usually determine that changes, cancellations or refunds are not allowed for the cheapest rates. In addition, in the cases in which they are allowed, such changes and cancellations are subject to penalties. If -in accordance with the regulations set forth by the Airline- cancellation is allowed for the rate You selected, DESPEGAR.COM shall submit your cancellation request to the Airline and keep track of it, and the Airline shall make the refund through a credit or chargeback to your credit card. If payment has been made by wire transfer, DESPEGAR shall request the details again to be able to make the refund by wire transfer. If You request for a change in the date or itinerary, and such change is allowed for the rate of the Plane Ticket you purchased, the Airline may impose a penalty amount. Moreover, upon setting a new date or choosing a new itinerary, You must pay the Rate Difference applicable at the time of making the change. Changes may be made for similar or superior classes in respect of those originally selected. It should be noted that changes for cheaper rates published after the issuance of the Plane Ticket purchased are not allowed. Payment of a penalty and a Rate Difference shall only be made with credit card, in 1 (one) installment. Moreover, in case of both changes and cancellations, DESPEGAR may collect an additional Management Charge.
- CHANGES IN THE NAME OF THE PASSENGER OR CHANGE OF PASSENGER: The Plane Ticket is issued with the name of a specific passenger. It is nominative, personal, and non-transferable. Please pay special attention when You enter your name and surname in the corresponding fields and in the whole Trip Documentation. There is a field for the name and another field for the surname, and You have the possibility of reviewing this information before confirming the Purchase Order. Your Plane Tickets shall be automatically issued with the information You have entered in the Platform, without any manual intervention by DESPEGAR. Once the Plane Tickets have been issued and the electronic ticket has been recorded, the Airlines do not accept changes in the names or surnames shown in the Plane Tickets -or in some cases, they accept changes, but impose a charge- even if such change is requested due to typos or inverted names and surnames. If there is an error in a Plane Ticket, boarding may be denied by the Airline. DESPEGAR shall not be held liable for any error and/or inconsistency in the Personal Details You have entered in the Platform.
- UNACCOMPANIED MINORS: Minors who do not travel with, at least, one of the parents or legal guardians are considered unaccompanied minors. The Airlines may offer assistance and escorting services (there is a charge), which, depending on each case, may be mandatory or optional for unaccompanied minors. However, DESPEGAR does not offer these types of services. Moreover, if the companion requirement was mandatory, DESPEGAR would not be able to guarantee that the minor will actually board the plane.
Minors younger than 5 years of age, but older than 2 years of age, are bound to travel with their parents or a person with full legal capacity. In general, the unaccompanied services are mandatory for children from 5 to 11 years old and optional for children from 12 to 17 years old. The service is not available for children who require a medical certificate for traveling, and/or cannot eat alone, and/or are not able to satisfy their own basic hygiene needs. Neither is it available for itineraries including layovers and plane changes. Please read the relevant policy of the Airline You have chosen for traveling.
- BAGGAGE: All the Airlines have different baggage allowances policies. Please be informed on this topic before traveling. DESPEGAR shall not be held liable for theft and/or loss of baggage and other personal belongings of the passengers. In case of baggage loss or damage, You must go to the Airline's customer support offices and make the relevant claim. We recommend that you hire a travel insurance to cover these risks.
- HEALTH AND FITNESS FOR TRAVELING - PREGNANT WOMEN: If You have a special health condition, the Airline shall request a medical certificate for you to travel. Such certificate must have been issued, at most, 12 hours before flight departure. Please bear in mind that people who cannot look after themselves and/or are not able to follow instructions can travel neither alone nor with an escort service.
- PLANE TICKET VALIDITY: In accordance with Aviation Regulations, the Plane Tickets are valid for a period of one year after their issuance. Any exception to the validity period must be requested and authorized by the Airline. Under no circumstances can DESPEGAR extend the validity period of a Plane Ticket.
- "ONE-WAY" FLIGHTS: In accordance with applicable immigration regulations of each country, if You are not a resident of the destination country and purchase a one-way Plane Ticket through DESPEGAR, You may be required by immigration authorities to inform the reasons why You do not have a return Plane Ticket. We recommend that You contact the corresponding Consulate or Embassy before booking. Airlines may also request this documentation before boarding.
- STOPOVER: In general, stopover is not allowed for cheap rates. We recommend that You be informed about which rates offer this possibility.
- LOW-COST FLIGHTS OR AIRLINES: Please bear in mind that when You book a flight of an airline identified as "low cost"/promotional or "light" rate, the rate published does not allow changes or cancellations, or does not include seat reservation, checked baggage (only carry-on baggage), or supplementary services such as on-board snacks, and/or meals, and/or entertainment. These are all considered additional services and are offered under different conditions, depending on the Airline, at a differential rate. Please bear in mind that low-cost companies usually operate in small, regional, and/or secondary airports. Before confirming your Purchase Order, please carefully review the conditions and rates informed in each case since some additional services must be booked and paid in advance, while others may be acquired during the flight.
- REGULATION AND RESPONSIBILITY IN AIR TRANSPORT: The Airlines' responsibility for the transportation of people and their baggage is subject to Aviation Regulations. If You want to file a claim related to the air transport agreement executed between You and an Airline, You may do so with the Airline itself or with the competent authority.
CHAPTER 2 – ACCOMMODATION SERVICE PROVIDER
Each hotel, hostel, and/or apartment (the "Accommodation Service Provider") has its own regulation governing services and rates.
- ACCOMMODATION BOOKING AND RATES: Many Accommodation Providers offer, for the same room, a "refundable rate" or a "non-refundable rate" (cheaper). If You book a service with a "non-refundable" rate, the Accommodation Provider may charge 100% of your stay upon completion of the purchase process, without any right to be reimbursed whatsoever, even if the service booked is not used due to force majeure. If You doubt whether You will be able to use the accommodation service, we recommend that You book with a "refundable rate". The penalties eventually informed are charged by the Accommodation Provider. DESPEGAR does not charge any additional Management Charge for changes and/or cancellation.
- INFORMATION OF THE ACCOMMODATION SERVICE PROVIDER: The specific information of the Accommodation Service Provider such as the name, the location, the category, the check-in and check-out timetable, and the services included is fully detailed in the Platform. It should be noted that all the information shown in the Platform is provided and updated on-line by the Accommodation Service Providers directly. They are exclusively responsible for updating rates, availability, and other information appearing in the Platform. Please review the comments of other users to verify that the accommodation service satisfies your needs and preferences. DESPEGAR. COM is not an entity that promotes the quality, the service level, and/or the rating or classification of any Accommodation Service Provider.
- PAYMENT METHODS: DESPEGAR.COM offers different methods for You to book and pay for accommodation services. DESPEGAR shall, in each case, inform about available payment options, based on the Accommodation Service Provider selected.
- PAYMENT TO THE ACCOMMODATION SERVICE PROVIDER: You have the possibility of paying for your full stay amount to the Accommodation Service Provider directly. If so, the Accommodation Service Provider shall determine the time for payment. In case of "non-refundable" services, it may charge the full stay amount at the time of making the purchase. You should enter your credit card data in the Platform, which shall be sent to the Accommodation Service Provider to guarantee the reservation. The Accommodation Service Provider may charge all or part of the rate to your credit card in its domestic currency, or in American dollars, if it is located abroad.
- ADVANCE PAYMENT TO DESPEGAR PLUS PAYMENT TO THE ACCOMMODATION SERVICE PROVIDER: You may also make an advance payment to DESPEGAR. In such case, You shall settle the remaining balance by paying to the Accommodation Service Provider directly, under its own payment conditions.
- PRE-PAYMENT TO DESPEGAR: You accept that DESPEGAR shall charge the total price of your booking to your credit card, which includes taxes, rates, surcharges and/or the Management Fee.
- CANCELLATION OR EXCESS ACCOMMODATION BOOKINGS: Accommodation Service Providers offered in the Platform by DESPEGAR are subject to availability, as informed by them through a computer booking system. Under no circumstances shall DESPEGAR offer an Accommodation Service Provider that appears in the system as unavailable. Notwithstanding the foregoing, please bear in mind that overbooking is a common practice in the tourism market and, in some countries, this practice is regulated. Overbooking may also occur due to booking system failures or human mistakes. If the Accommodation Service Provider cannot provide accommodation under the agreed-upon booking conditions, it shall provide You, at their own cost, with an alternative room or accommodation of an equal or superior quality in respect of the one You have originally selected. DESPEGAR, acting as an intermediary, shall make its best effort so You can enjoy your stay without any inconvenience.
- ARRIVAL AT THE ACCOMMODATION PREMISES: Please remember that if You do not appear at the accommodation premises on the corresponding date and time, the Accommodation Service Provider may cancel your booking and consider it a NO SHOW. If so, You do not have the right to demand total or partial reimbursement of the amount paid. If, for any reason, You are going to arrive at a different time from the one expected, please contact the Accommodation Service Provider and/or DESPEGAR in advance.
- REQUEST FOR CANCELLATION OR CHANGES: The possibility of making changes and/or cancellations and, in each case, the penalties applicable in each circumstance are subject to the policies of the Accommodation Service Provider, which are informed in the Platform and the Voucher. DESPEGAR shall not set or charge any penalty amount for changes and/or cancellations. Any exception to these conditions must be authorized by the Accommodation Service Providers.
- MINORS: If You travel with minors, You must include it in your booking, even if the minor shall not use a bed. Please remember that some Accommodation Service Providers do not accept minors.
- BAGGAGE - STORAGE OF VALUABLES: If You carry items that have an economic value higher than that of those usually carried by passengers, You must inform the Accommodation Service Provider about this situation and store them in safety deposit boxes available at the accommodation facility. The Accommodation Service Provider is responsible for such valuables up to the amount declared. Please bear in mind that if your personal belongings are extremely expensive in relation to the importance of the Accommodation Service Provider, or if such personal belongings causes inconveniences to the Accommodation Service Provider, it may refuse to receive them.
- CHECK-IN AND CHECK-OUT TIMETABLE: Notwithstanding the specific check-in and check-out timetables informed for each Accommodation Service Provider in the Platform, the expected number of accommodation days is calculated from the check-in time limit to the check-out time limit of the following day irrespective of the time of arrival and/or departure and of whether a fraction or the whole accommodation service is used. Please bear in mind that the time shown in your voucher is expressed at the local time of the destination country.
CHAPTER 3 – CARS
Each car rental company (the "Car Rental(s)") has its own regulation governing the services and rates applicable to cars for rent (the "Car(s)").
- CARS BOOKING AND RATE: DESPEGAR guarantees that the price informed in the Platform for hiring cars includes the rental fee for a specific period (day, week, month), unlimited kilometers, and all the requirements and the minimum insurance required to pick up the Car and move freely in the destination chosen, without the need for additional insurance or items. Unless otherwise specified in the Platform, the rental fee does not include the amounts resulting from fines, traffic violations, tow truck services, gas, cars left in another city, or any other additional service.
- CARS INFORMATION: By booking a Car in the Platform, You are booking a type of Car, not a specific car brand, year, model, or characteristics that are different from those of all the vehicles of the same type. The Car Rental guarantees the size and capacity of the Car. However, the brand and model are subject to availability and location.
- PAYMENT METHODS: DESPEGAR.COM offers three different methods for You to book and pay for cars booking. You have the possibility of: (a) paying on-line through DESPEGAR 100% of your booking amount; (b) paying only 30% of the total amount, in which case You must settle the remaining balance in your destination country at the time of receiving the Car; or (c) paying 100% of your booking amount in your destination country directly, without the need to pay any additional amount whatsoever at the time of booking. In this scenario, You shall provide DESPEGAR with your Personal Details, which shall be sent to the Car Rental to guarantee the reservation. If You decide to pay the full or partial amount of your booking through DESPEGAR, your booking may be subject to confirmation -a situation that shall be informed in the first e-mail sent to You.
- REQUEST FOR CANCELLATION OR CHANGES: In accordance with the conditions of each Car Rental, You may make refundable and non-refundable bookings. If your booking allows a refund, it may be canceled at any time as long as You notify DESPEGAR and/or the Car Rental on your intention to do so, at least, 24 hours before the pick-up time. After this period, refunds are not allowed. If the refund is applicable, it shall be managed through the section My bookings/My account, in the Platform. The refund amount may take between 30 to 45 business days to be credited. If payment has been made by wire transfer, DESPEGAR shall request the details again to be able to make the refund by wire transfer. However, changes are not allowed for bookings confirmed and paid through DESPEGAR. Therefore, You have the option of canceling your booking, without any cost, up to 24 hours before the pick-up time, and completing a new Purchase Order according to your preferences.
- RENT PERIOD AND CAR RETURN: The rent period is calculated in blocks of 24 hours. The rent period begins and ends on the dates specified in the voucher. When the Car is picked up or dropped off during non-business hours, the Car Rental may impose additional charges. If You want to extend the rent period or if You return the Car later than or after the time and date specified in the voucher, the Car Rental may impose charges based on the local daily fee. We recommend that You arrive at the drop-off location early enough. Please bear in mind that if You want to return the Car in a place different from the pick-up location, the Car Rental may impose an additional charge, except when this possibility is already included in the booking You have paid.
- DOCUMENTATION: When You appear at the renting location, You must submit the following documents: (i) the service voucher sent by DESPEGAR; (ii) a driving license in force, valid in the destination country, and issued within a period of, at least, two years; and (iii) an international credit card with enough limit to cover the guarantee. In some cases, your passport may be required.
- GUARANTEE: At the time of picking up the Car, You shall submit an international credit card issued with the name of the driver. The Car Rental shall block the credit card for the amount corresponding to the excess amount, which shall serve as a guarantee and may reach up to twice the amount of the rental fee paid or to be paid.
- ADDITIONAL CHARGES: During the rent period, some charges or debits not immediately claimed by the Car Rental, payable by You, may generate (as a result of fines for traffic violations, car damages, or broken or missing parts). You shall pay such fines and additional charges when they are claimed by the Car Rental. These additional charges depend on the policies of each Car Rental and are charged by it directly, without any intervention whatsoever of DESPEGAR.
- INSURANCE AND ADDITIONAL SERVICES HIRED IN THE DESTINATION COUNTRY: In the destination country, the Car Rental may offer You to hire additional services (such as insurance policies with higher coverage, airport fee, gas charges, additional driver charges, GPS, seats for minors, among others), which shall be hired directly by You and charged by the Car Rental without any intervention of DESPEGAR. Hiring these additional services is a voluntary decision. DESPEGAR does not intervene and is not liable for any resulting amounts You have to pay.
- TAXES AND FEES: In some destinations, the service purchased does not include local taxes and/or state surcharges, which are payable by You at the time of picking up the Car, directly to the Car Rental. This situation shall be fully informed about in the Platform.
- TOLLS: In some jurisdictions, You may hire a toll collection service directly from the Car Rental (such as the SUN PASS, in the state of Florida, in the United States), which allows You to move comfortably and avoid fines. You may freely hire this Service from the Car Rental directly. It is important to highlight that DESPEGAR is not liable for any resulting amounts.
- DRIVERS YOUNGER THAN 26 YEARS OF AGE: In some destinations, Car Rentals' regulations related to drivers from 21 to 26 years old may include restrictions and/or additional charges that shall be paid in the destination country. Such amounts are not included in the rental fee.
- DIFFERENT JURISDICTION: If You are planning to drive to a different state, before filling in the Purchase Order please make sure that the Car is authorized to travel in that destination. Some Car Rentals may forbid or impose an additional charge for traveling in a different jurisdiction. Please review the related conditions set forth by the Car Rental.
CHAPTER 4 – ACTIVITIES AND TRANSFERS
Please bear in mind that each tour operator (the "Operator(s)") set their own regulations governing services and rates applicable to the activities, tours, transfers, tickets, and tourist attractions they offer (the "Activity(ies)").
- TIMETABLES: Notwithstanding the specific timetables informed for each Activity in the Platform, the opening and closing time of each tourist attraction varies depending on the period of the year. We suggest that You should contact this place before visiting it in order to confirm the applicable timetable for the dates on which You are planning to arrive. Please bear in mind that the time shown in your voucher is expressed at the local time of the destination country.
- OPERATOR CONTACT: In some cases, You will be required to, before the date of the Activity or Transfer, contact the Operator to confirm some details regarding the Activity, and/or agree on a meeting or transfer point, and/or request the final vouchers that are essential for using the service. If You do not duly contact the Operator and, as a result, You fail to use and enjoy the service, DESPEGAR shall not be held liable, and You shall not have the right to demand any refund whatsoever from DESPEGAR and/or the Operator.
- RISKY ACTIVITIES: If the Activity hired is a risky activity, You take the risk in participating in it and declare that you are in good physical and mental condition and that you are fit enough to participate in such Activity. You hereby accept and assume full responsibility for any and all risks of illness, injury, and death (other than due to careless, willful, or fraudulent conduct) that may result from this Activity.
- RESPONSIBILITY: DESPEGAR shall not be responsible for the conditions governing the tourist attractions or places. Neither shall it be responsible for the acts or omissions of third parties in connection with any Activity, place, or service.
CHAPTER 5 – TEMPORARY LEASING
The temporary leasing service provided by DESPEGAR through the Platform consists in a virtual space so that the owners and/or administrators of real property (the "Owner") may offer to interested users (the "Users") property for temporary leasing (hereinafter called "Accommodation Facility(ies)") through the publication of notices (the "Notices"). Thus, DESPEGAR makes it easier for Users to contact Owners, thanks to the Notices published and made available in the Platform, and to book and manage Accommodation Facilities following the corresponding booking process.
It should be noted that DESPEGAR does not participate in the direct relationship between the Owner and the User, in connection with accommodation booking. DESPEGAR neither owns nor administers any property published in the Platform. DESPEGAR does not accept or reject Notices published by the Owners. Neither does it intervene in usage, changes, or cancellation policies for the services provided by the Owners. DESPEGAR does not own, create, sell, provide, control, or offer any kind of Accommodation Facility.
- NOTICES CONTENT: The Owner (who may be the owner or manager of the Accommodation Facility, or an agent duly authorized by the owner or manager of the Accommodation Facility) is exclusively liable for the content of the Notices. Temporary leasing agreements executed through or with any type of intervention of the Site, are exclusively executed between You and the Owner, without any kind of intervention or responsibility attributable to DESPEGAR. DESPEGAR does not guarantee that the content of the Notices -including, but not limited to, statements, offers, comments, proposals, plans, pictures, prices, and bookings- is current, accurate, and actual, or is free of mistakes or changes made by the Owners themselves. DESPEGAR is not bound to pre-approve the content of the Notices, but has the right to it; provided however that the Owner is, again, exclusively liable for ensuring that the description included in the Notices is accurate.
- TYPES OF BOOKINGS: Through the Platform, You may contact an Owner who has published a Notice and book a temporary leasing under the following modalities and payment methods:
(i) Free Booking: It allows the User to contact the Owner for free by clicking on the button included in the Notice, called "Contact the Owner". DESPEGAR shall provide the User with the contact details of the Owner so that the latter gives further detail about the property and, eventually, the accommodation booking is confirmed and the Owner receives the agreed-upon price for it. The Owner shall have the option to accept or reject the User's booking request.
(ii) Booking after Contact: This modality facilitates the communications between the User and the Owner through the Platform, so that the User may further inquire about the characteristics of the Notice. After confirming the intention to book, the User shall have the possibility of completing the booking through the following payment methods:
- Payment to the Owner: The User shall have the possibility of paying the booking amount corresponding to the temporary leasing in full to the Owner directly. The Owner and the User, without intervention of DESPEGAR, shall determine the payment method, the cancellation conditions, and the price.
- Advance Payment plus Payment to the Owner: The User may make an advance payment of the final price through the Site. In this case, the User shall settle the remaining balance by paying to the Owner directly, under the payment conditions determined by the Owner. Unless otherwise specified, the advance payment is non-refundable.
- Pre-payment: The User accepts that DESPEGAR shall charge the total price of the booking to the credit card. Before the booking is confirmed, You shall be informed through the Site of the applicable rates, including the Accommodation rate, the surety (if applicable), the taxes, rates, surcharges, and/or Management Charge.
(iii) Immediate Reserve: It allows the User to complete the booking without the need to wait for the Owner's answer. To make an immediate reserve, the User shall be able to complete the booking through the following above-mentioned payment methods: Advance Payment plus Payment to the Owner, or Pre-payment.
It should be noted that under the Booking after Contact (payable through the methods called Advance Payment plus Payment to the Owner, or Pre-payment) and the Immediate Reserve modalities, the User must enter the credit card details in the Site. This implies that an express authorization is given to DESPEGAR to send these details to the Owner. The Owner shall determine the time of payment for the price balance. Moreover, the Owner is authorized to charge all or part of such balance to the credit card in the domestic currency of the Property, or in American dollars, if it is located abroad.
- ACCOMMODATION BOOKINGS: Confirming an accommodation booking through any of the modalities explained in section 5.2 constitutes an authorization given by the Owner to the User to enter, occupy, and use the Accommodation Facility for the limited period set forth in the booking and for the purposes therein described. You accept to pay the price proposed by the Owner, use the Accommodation Facility exclusively for accommodation purpose, and leave the Accommodation Facility in the same conditions as it was before your arrival, on the date and time agreed-upon by the User and the Owner. You and the Owner shall solve any controversy that may result from your stay during the temporary accommodation service. DESPEGAR neither guarantees nor is responsible for any inconveniences that may arise. Under no circumstances shall DESPEGAR be held liable for damages the You may suffer in relation to the use of the temporary leasing service and/or performed or non-performed transactions resulting from services announced through the Platform. In case one or more Owners, and/or Users, and/or any third party files any type of claim or lawsuit against another Owner and/or User, You hold DESPEGAR, its controlled companies, and/or controlling companies, and/or related companies, and/or its directors, managers, employees, agents, workers, representatives, and attorneys-in-fact harmless.
- BOOKING CHANGES AND CANCELLATIONS: You may change or cancel confirmed bookings, subject to the cancellation policy set by each Owner and informed to Users though the Notices. Therefore, before confirming a booking, please review the changes or cancellation policy informed through the Platform since, by confirming the booking, You are accepting that You shall pay all the additional fees, penalties, and taxes related to such changes and cancellations.
- RELATIONSHIP BETWEEN DESPEGAR, THE OWNERS, AND THE USERS: None of the booking modalities explained above imply an agency, corporate, joint venture, employment, or franchise relationship between DESPEGAR and the Owner and/or DESPEGAR and You. DESPEGAR is not a party in any leasing agreement or in any other transaction between the Owner and the User, neither does DESPEGAR own or administer any property published in the Platform under temporary leasing, neither does DESPEGAR determine or intervene in the determination of the conditions set forth by the Owners and the Users.
- IDENTITY VERIFICATION: DESPEGAR shall not be responsible for confirming the identity assumed by each Owner. We recommend that You contact the Owner directly through the tools available in the Platform, though this measure does not guarantee the identity of the person You communicate with.
- LIMITATION OF LIABILITY: Under no circumstance shall DESPEGAR, its controlled companies and/or controlling companies, affiliated and/or related companies, its executives, directors, advisors, agents and/or employees be responsible for the effective performance of the obligations undertaken by the Owner and/or the User, arising from the transactions carried out in relation to the services offered in the Platform. You acknowledge and accept that DESPEGAR is not an interested party in any transaction that may result from the temporary leasing service, and that it neither guarantees nor has control of the security of any transaction, any property subject to temporary leasing, or the truthfulness or accuracy of any publication or any other content provided in the Platform.
CHAPTER 6 – PACKAGES
In the "Packages" tab in the Platform, You may create a dynamic trip. The dynamic trip allows You to add all the Services that You intend to acquire under the modality called Shopping Cart and to make a single payment for all the Services. The Shopping Cart modality allows You to search and select different Services (flights, plus accommodation, plus activities, plus insurance, plus cruises, plus transfers, plus buses, and/or any combination of them) based on your preferences and needs, by making only one search and booking as many Services as You want. DESPEGAR simply acts as an intermediary, showing available options and enabling You to select the Services, Providers, and the combination of Services based on your own preferences and needs, always acting as an intermediary.
- DESPEGAR IS NOT A PACKAGE ORGANIZER: DESPEGAR does not organize Packages; neither does it provide advice or tries to sell a specific Service and/or Provider in respect of any other. In the Platform, You may see all the options available to create your own combined trip -flights, accommodation, car rental, and/or transfers- instead of purchasing a pre-defined or closed package. DESPEGAR may suggest service-combined Packages to facilitate your search; however, You may change any of these Services, at any time, before making the purchase so that the Package conforms to your needs. Please remember that DESPEGAR does not act as an organizer since it does not choose and/or combine the Services. DESPEGAR neither decides who the Provider shall be, nor designs the timetables.
- PACKAGE BOOKING MODALITY: The process to create your Package is very easy and consists in three steps: (i) Go to the Packages section and define the travel dates and the destination. (ii) Select the Services, such as the flight, the Accommodation Service Provider, the car rental, or any other product. (iii) Before making a single payment for everything, You need to confirm the purchase of each of the selected products and choose a payment option with all the installment credit facilities offered by DESPEGAR.
- CANCELLATION AND CHANGES POLICIES APPLICABLE TO EACH SERVICE: Please remember that each Service selected for the purpose of creating your Package is governed by its own cancellation and/or changes conditions, as established by each Provider. Thus, the changes to and/or cancellation of a Service does not affect, in any way, the other Services hired, which shall be governed by their own conditions and shall be modified and/or canceled individually as long as these possibilities are included in the Provider's conditions.
At its own discretion, DESPEGAR has the right to modify, change, or otherwise update these terms and conditions at any time. The changes shall become effective as from the time specified; or even it shall be understood that they become effective immediately. By using this Platform after the changes are published, You are accepting that You are bound to the modifications, changes, or updates applicable to purchase conditions and that You do not have a right to make any related claim.