1. Marketplace Platform:
Ponce Adventures serves as a dynamic marketplace platform dedicated to facilitating the discovery and booking of a diverse array of tours, experiences, and activities within the enchanting city of Ponce, Puerto Rico. Our platform, available at www.ponceadventures.com, empowers both tourists and locals alike to seamlessly explore and engage with a curated selection of offerings provided by independent third-party providers (“Hosts”). It’s important to note that Ponce Adventures acts solely as an intermediary platform, connecting users with Hosts, and does not directly deliver or control the services rendered by these third-party providers.
2. User Requirements:
In order to avail themselves of the remarkable opportunities offered through Ponce Adventures, users are required to meet several essential criteria. Firstly, users must possess a valid credit card to facilitate the reservation process, including the payment of a non-refundable deposit, which serves to secure their booking. Additionally, users are obligated to furnish the requisite personal information necessary for reservation purposes. While registration for an account on our platform is optional, it may afford users certain conveniences and benefits.
3. Ownership and Responsibility:
The esteemed digital domain known as www.ponceadventures.com proudly belongs to and is operated by Pin Latino LLC. However, it’s imperative to clarify that the myriad tours and activities showcased on our platform are exclusively provided by independent third-party Hosts. As such, Ponce Adventures does not exert direct control over the services offered by these Hosts. Furthermore, while certain visual assets, such as photographs, may be supplied by Hosts, users should understand that the responsibility for the content and execution of these offerings lies squarely with the respective Hosts.
4. Payment and Booking:
When booking a tour or activity through Ponce Adventures, users are required to pay a deposit of 10% of the total cost of the reservation, in addition to the cost of the tour or experience. This deposit is processed securely via credit card payment through our platform. It’s crucial for users to understand that Ponce Adventures acts solely as a facilitator in this transaction, and the 10% deposit serves as our profit margin. The deposit is deemed non-refundable under any circumstances. In the event of a cancellation within 24 hours of the scheduled activity, Ponce Adventures reserves the right to charge the user up to 50% of the total reservation cost as a cancellation fee.
5. User Responsibility:
Users are solely responsible for their participation in the reserved activities and are expected to adhere to the agreed-upon terms and conditions set forth by the Hosts. It’s important to note that Ponce Adventures does not provide transportation to or from the activity venues. Furthermore, users are reminded that Ponce Adventures bears no liability for any incidents, accidents, injuries, or other unforeseen circumstances that may occur before, during, or after the reserved activity. Users are required to settle any outstanding payments directly with the Hosts upon receipt of the services rendered.
6. Disclaimer of Liability:
Ponce Adventures explicitly disclaims any and all liability for any incidents, mishaps, or events that may transpire before, during, or after the completion of a reserved activity. This disclaimer extends to cover any transportation arrangements made by users to access the activity venues. Users acknowledge and accept that Ponce Adventures bears no responsibility for issues related to the quality, safety, or suitability of the services provided by Hosts. By utilizing our platform and booking services, users unequivocally absolve Ponce Adventures from any liability arising from their interactions with Hosts or participation in reserved activities.
7. Applicable Law:
These Terms of Service shall be governed by and construed in accordance with the laws of Puerto Rico, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms, including the validity, interpretation, or enforcement thereof, shall be subject to the exclusive jurisdiction of the courts of Puerto Rico.
8. Changes to Terms:
Ponce Adventures reserves the right to modify, amend, or update these Terms of Service at any time, without prior notice, at our sole discretion. Users are responsible for reviewing these Terms periodically to ensure their understanding of any changes. Notification of any material changes to these Terms will be communicated via email to the email address associated with the user’s account, if applicable. Continued use of the Ponce Adventures platform after the posting of any modifications constitutes acceptance of such modifications by the user.
9. Indemnification:
The user agrees to indemnify, defend, and hold harmless Ponce Adventures, its affiliates, directors, employees, and agents from any claim, demand, loss, liability, damage, or expense (including reasonable attorneys’ fees) arising out of or related to their use of the service, violation of these Terms of Service, or infringement of third-party rights, including Hosts. This indemnification clause shall remain in effect even after the user ceases to use the service or terminates their account.
10. Dispute Resolution:
In the event of any dispute, controversy, or claim arising out of or relating to these Terms of Service, including its existence, validity, interpretation, performance, breach, or termination, the parties shall endeavor to resolve it amicably and in good faith. If the parties fail to resolve the dispute informally, they agree to submit it to mediation administered by a neutral mediator agreed upon by both parties. If mediation does not resolve the dispute, the parties agree to submit to the exclusive jurisdiction of the courts of Puerto Rico to resolve the dispute.
11. Limitation of Liability:
Ponce Adventures, its affiliates, directors, employees, and agents shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with the use or inability to use the service, even if advised of the possibility of such damages. In no event shall the total liability of Ponce Adventures exceed the amount paid by the user to Ponce Adventures for the specific service giving rise to the claim.
12. Disclaimer Regarding Third-Party Content:
Ponce Adventures acts solely as an intermediary platform to facilitate the booking of activities provided by third-party Hosts. While we make reasonable efforts to ensure the accuracy and quality of the information provided on our platform, we do not warrant or guarantee the accuracy, completeness, reliability, or suitability of any information, content, photos, videos, prices, schedules, or other materials provided by Hosts. Users acknowledge and agree that Ponce Adventures shall not be liable for any inaccuracies, errors, omissions, or deficiencies in the information provided by Hosts, nor for any dissatisfaction with the quality or nature of the activities offered. Users are encouraged to independently verify the accuracy and suitability of any information provided by Hosts before booking any activities through our platform.
13. User-Generated Content:
Users may have the opportunity to submit, upload, post, or share content, including but not limited to, reviews, comments, photos, videos, or other materials (collectively “User-Generated Content”) while using the Ponce Adventures platform. By submitting User-Generated Content, users grant Ponce Adventures a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User-Generated Content in connection with the operation of the platform and the promotion of our services. Users represent and warrant that they have all necessary rights and permissions to grant the foregoing license and that their User-Generated Content does not violate any third-party rights or applicable laws. Ponce Adventures reserves the right to remove or disable any User-Generated Content that violates these Terms of Service or is otherwise objectionable in our sole discretion.
14. User Reviews:
Users may have the opportunity to submit reviews, ratings, or other feedback (“User Reviews”) regarding their experiences with the activities booked through the Ponce Adventures platform. While we encourage users to share their honest opinions and experiences, Ponce Adventures does not endorse, guarantee, or warrant the accuracy, completeness, or reliability of any User Reviews. User Reviews reflect the opinions of individual users and do not represent the views or opinions of Ponce Adventures. We reserve the right to moderate, edit, or remove any User Reviews that violate these Terms of Service or are deemed inappropriate, offensive, or misleading in our sole discretion. Users acknowledge and agree that Ponce Adventures shall not be liable for any User Reviews or for any damages or losses arising out of or in connection with the reliance on or use of any User Reviews.
15. Contact Method:
Users may contact Ponce Adventures for inquiries, assistance, or support exclusively through email. The designated email address for all communications with Ponce Adventures is ponceadventurespr@gmail.com. Users agree to use this email address for all communications related to their use of the Ponce Adventures platform, including but not limited to, inquiries about activities, reservations, cancellations, refunds, and general assistance. Ponce Adventures will make reasonable efforts to respond to all email inquiries promptly, typically within 1-48 hours, during regular business hours. Users acknowledge and agree that email is the primary method of communication with Ponce Adventures and that Ponce Adventures shall not be liable for any delays or failures in communication resulting from user error, technical issues, or other factors beyond our control.
16. Termination of Access:
Ponce Adventures reserves the right, in its sole discretion, to suspend or terminate a user’s access to the Ponce Adventures platform at any time and for any reason, including but not limited to, violation of these Terms of Service, fraudulent or unlawful activity, or misuse of the platform. In the event of termination, the user’s right to access and use the platform will immediately cease, and Ponce Adventures may take appropriate legal action, including pursuing civil remedies or referring the matter to law enforcement authorities if necessary. Users acknowledge and agree that Ponce Adventures shall not be liable for any damages or losses arising out of or in connection with the termination of their access to the platform.
17. Service Availability and Limitation of Liability:
Ponce Adventures makes reasonable efforts to ensure the continuous availability and uninterrupted operation of the platform. However, users acknowledge and agree that the platform may be subject to occasional interruptions, delays, or technical issues beyond our control. Ponce Adventures shall not be liable for any damages or losses arising out of or in connection with any interruptions or failures of the platform, including but not limited to, loss of data, revenue, or opportunities, or any direct, indirect, incidental, special, or consequential damages. Users agree to use the platform at their own risk and acknowledge that Ponce Adventures shall not be liable for any damages resulting from their use of or inability to use the platform.
18. User Compliance with Laws and Regulations:
Users agree to use the Ponce Adventures platform in compliance with all applicable laws, regulations, and guidelines. Users acknowledge and agree that they are solely responsible for their conduct while using the platform and for ensuring that any activities booked through the platform comply with all relevant laws and regulations. Users agree not to use the platform for any unlawful or unauthorized purpose and to refrain from engaging in any activity that may violate the rights of others or cause harm or disruption to the platform or its users. Ponce Adventures reserves the right to investigate and take appropriate legal action against any user who violates these Terms of Service or engages in conduct that is unlawful, harmful, or disruptive.
Last verified: April, 29, 2024
