General Terms and Conditions for the Exoticca’s Travel Advisor Program

Version 09th May2024.

Exoticca Travel US, Inc. References to "We", "us" and "our" in these terms and conditions means Exoticca Travel US, Inc. References to "you" and "your" in these booking conditions means all persons on the booking (including anyone added or substituted at a later date).

Exoticca Travel US, Inc. based in  225 Asylum  ST FL 15, Hartford, 06103, U.S.A. Exoticca Travel US, Inc. is a subsidiary of Pangealand, S.L., the parent company, registered in the Commercial Register of Barcelona in volume 43.807, page 149, sheet B-438.854, with CIF B-66.052.887, and whose registered office is located at Rambla de Catalunya 2-4, 5th Floor, 08007 Barcelona. Phone number :+1 888-488-0592. Contact form available here.

PREVIOUS.- Definitions

Travel Advisor. Travel Advisor is any natural person or business who collaborates with Exoticca in the marketing of its package trips.

Host Consortia. A Consortia is a conglomerate of travel agency members that have joined an organization and by doing this can increase marketing to their customers by offering competitive rates at hotels worldwide.

Preferred Supplier Agreement. A preferred supplier is a company that has an agreement with another company to provide it with both goods and services. These types of partnerships are very common in the travel industry, where there is the potential for symbiotic and mutually-beneficial relationships

Independent Advisor. No pertenecen a ningún consortia y pueden ser agencias o empresarios individuales.

Travel Advisor Discounts are not commissionable.

FIRST. Validity and applicability of these Terms and Conditions 

These conditions will apply to the relationship between the Travel Advisor (Hereinafter, “Advisor”) and Exoticca without any exclusivity in such a way that Exoticca may entrust its services to other collaborators when it deems it convenient without requiring any type of authorization. The acceptance by the Advisor of these Terms and Conditions will not imply employment, agency or any other relationship.

Exoticca may modify the Terms and Conditions by giving prior notice. Said modifications will not be applied retrospectively and will not affect the Terms and Conditions contained herein, which are contractual, mandatory and binding.

SECOND. Travel Advisor obligations

• GENERAL. Market Exoticca's combined travel products and services to its clients and potential clients. Provide updated written information to Exoticca related to the fulfillment of the contract and/or any act that the Advisor may be carrying out, at any time during the exercise of its services and at the simple request of Exoticca. Ensure the good name and reputation of the Exoticca. Provide information regarding Exoticca 's trips in a timely and reliable manner (Emergency line number, modifications, trip updates, changes, etc.).

• AIRLINES, FLIGHTS, HEALTH REQUIREMENTS. The airlines, in compliance with the requirements of the US Government, are legally obliged to allow the Bureau of Customs and Border Protection (CBP) US data to access certain travel and booking of passengers flying into / from or transiting through the US. This data is primarily used to prevent and combat terrorism, organized crime and other serious transnational criminal offenses. Note that the airlines determine the conditions of implementation of air transport and are solely responsible for the changes in schedules or routes, stops, changes of airport delays and flight cancellations. In most cases, all these circumstances respond to the overbooking of airspace, the need to respect the rules of air navigation and the period of maintenance of aircraft at airports, all with the sole purpose of ensuring safety for passengers.

• HEALTH, MEDICAL AND VACCINATION REQUIREMENTS. The advisor has the duty to inform about the health, medical and vaccination formalities necessary for the trip. All damages that may arise from the lack of this documentation or information will be at Advisor expense, and in particular, the expenses incurred due to the interruption of the trip and your eventual repatriation. The advisor shall warn about the need for travelers to review all health requirements of the destinations and countries of transit/stopover and vaccination requirements (e.g.vaccination guidelines and diagnostic tests) and check the official websites of Immigration and health agencies of your country and of the countries of destination and stopover, as well as the requirements of the airlines. In the event of being denied by the authorities the exit or entry to the country of destination or transit, for particular reasons of the traveler for lack of the requirements that are demanded, due to a defect in the required documentation, and/or for not carrying them, Exoticca declines all responsibility for events of this nature.

• INSURANCE. The Advisor must share any Insurance information needed with customers. Exoticca recommends that all persons on the booking purchase comprehensive travel insurance. Certain countries have a requirement for foreign visitors to have valid medical insurance on entry. Exoticca cannot be held responsible for denied entry if a guest is unable to provide details to authorities of insurance or denial of entry for any reason. Please note that insurance companies usually limit the time between booking and/or departure date and the issuance of the policy and therefore we recommend purchasing the insurance immediately after receiving the confirmation of the booking from us. Declining to purchase an adequate travel protection plan could result in the loss of your travel cost and/or require more money to correct the situation. If the customer chooses to travel without adequate coverage, Exoticca will not be liable for any of your losses howsoever arising, for which trip protection plan coverage would otherwise have been available.   

• TRAVEL DOCUMENTATION. PASSPORT AND VISAS. On all national and international trips, shall check customer’s admission requirements (e.g. US and ESTA or other authorities), passport validity (some countries require passport validity up to 6 months after the date of return) by the authorities of each of the countries of destination and/or stopover. It is the Advisor's responsibility to inform customers about the customer's responsibility to check and fulfill the passport, visa, health and immigration requirements applicable to your itinerary. Advisor shall provide general information about this and advise the customer to check requirements for their own specific circumstances with the relevant Embassies and/or Consulates and their own doctor as applicable. Requirements do change and you must check the up to date position in good time before departure. Most countries now require passports to be valid for at least 6 months after your return date. If your passport is in its final year, you should check with the Embassy of the country you are visiting. 

The advisor has the duty to inform about the documentation formalities necessary for the trip and stay, as well as the conditions applicable to travelers regarding passports and visas, including the time approximation for obtaining visas, and will be responsible for the correctness of the information provided. All damages that may arise from the lack of this documentation will be at your expense, and in particular, the expenses incurred due to the interruption of the trip and your eventual repatriation. Exoticca does not accept any responsibility if the customer cannot travel, or incur any other loss because they have not complied with any passport, visa, immigration requirements or health formalities. The Advisor shall advise about  the reimbursement to Exoticca in relation to any fines or other losses which Exoticca incurs as a result of customer failure to comply with any passport, visa, immigration requirements or formalities.

• DESTINATION SECURITY AND SAFETY NEEDS. The advisor has the duty to inform about the security and safety situation in the destination, as well as the conditions applicable to travelers regarding itinerary and the trip. Please check the US Department of State https://www.state.gov/ 

• ADVISOR PERSONNEL. The Advisor shall Inform their own personnel and collaborators about the obligations that affect them (with regard to the secrecy of confidentiality, intellectual property or protection of personal data), and assume full responsibility for their actions.

• TERMS AND CONDITIONS AND OTHER INFORMATION. The Advisor shall inform his customers about the general and particular Terms and Conditions of hiring Exoticca products and services as well as our privacy policies. 

• RESPONSIBILITY. The Advisor shall be liable to Exoticca for all actions and obligations that correspond to it, as well as for any guilty or negligent action, manipulation, fraudulent operation or improper access carried out by its staff or by any of its dependents and shall hold Exoticca unaccountable for any loss, fine, sanction or compensation that the latter has to face as a result of said guilty or negligent action, as well as the non-compliance by the Advisor of the obligations established in this Contract and those that derive from it or may be claimed from Exoticca by third parties. Likewise, Exoticca , as an intermediary, will not be responsible for the deficiencies in any of the services provided, nor for any accident, damage, injury, delay or irregularities that may occur during the execution of the services to the people who carry out the trip, nor to their luggage or other personal belongings.

• COMPLAINTS AND NOTIFICATIONS. In case of complaints and any type of notification, the Travel Advisor may contact Exoticca through our contact form available on our platform (“Advisor’s Portal”).

However, in the event of a claim, the failure of the Advisor to manage the claim will result in which must respond jointly with Exoticca for the obligations that fall within the scope of management of Exoticca and the lack of management of the claim by Exoticca will mean that you must be jointly and severally liable with the Advisor for the obligations that fall within the scope management of the Advisor. 

THIRD. Advisor Commissions and payment conditions 

Except other conditions in the Preferred Agreement with the Consortia the commission will be paid as per the following conditions:

• First payment. SIXTY PERCENT (60%) of the agreed commission amount will be paid within the THIRTY (30) days after the booking date (“on booking commission”).

• Second payment. The remaining FORTY PERCENT (40%) of the total commission  amount will be paid  in THIRTY (30) days after the conclusion of the trip (“After Travel Commission”).

 The Advisor’s commissions will be generated at the time of the client’s booking and:

• In case of a client cancellation and rebooking through Exoticca’s wallet, the commission paid will be kept as a voucher without generating any new/extra commissions.

• In case of  reimbursement/refund to the client, bank dispute/chargeback, consumer claim, court claim and/or any different claim related to any booking managed by the travel advisor. the commission paid will be canceled.

• In case of trip cancellation, no after travel commission will be paid. 

FOURTH. Intellectual and industrial property and corporate image

The acceptance of these Terms and Conditions will not imply any acquisition of intellectual property rights, industrial property or any other kind of acquisition in regards to information content, design, structure, compilation, source code and, in general, the Product Services and Tourist Services.

Likewise, the Advisor  accepts that EXOTICCA  uses its data and corporate image (logo) in the different means of promotion that it uses for the presentation of its Tourist Products and Services to third parties, such as web pages, blogs, social networks, catalogs, corporate brochures or other similar means.

FIFTH. Obligations of Exoticca

• Pay the commissions in accordance with what is agreed with the Travel Advisor

• Provide adequate information about Package travel on their platforms

• Hold the Advisor unaccountable in the event that a third party other than Exoticca turns out to be the effective owner of the intellectual or industrial property rights of the Tourist Products and Services.

• Guarantee the Advisor the rights to use the materials, brands, logos and any other material aimed at supporting any commercialization, marketing, promotion or similar action to publicize the Tourist Products and Services that are the object of this Contract.

• Likewise, Exoticca states that the transportation services are subject to the rules and limitations regarding liability established by the Warsaw Convention. In this regard, the airlines determine the conditions of execution of air transport and are solely responsible for changes to schedules or itineraries, stopovers, airport changes, flight delays and cancellations. Therefore, Exoticca will not be responsible in any case for changes to schedules, delays, cancellations and other cases attributable to the airline, third parties or force majeure (strikes, weather, wars, earthquakes or epidemics). Nor will it be responsible in those cases in which the User's own conduct, action or omission causes the impossibility of carrying out the transport or trip.

SIXTH. General communication. 

All communications by Travel Agents must be made through the contact form of the following link.

SEVENTH. Exoticca Partner Rewards Program. Terms and conditions

Definitions for Partner Rewards Program:

• Regular commissions. These are the commissions that the Travel Advisor receives ordinarily in accordance with its particular conditions of collaboration.

• Milestone commissions. These are the commissions that are paid when the TA reaches the billing volume required and are paid when the TA reaches the level. The collection of this commission is limited to once per Tier/level or category.

• Top up commissions. These are commissions paid to TAs for each reservation once they have reached the billing volume required for each level and applicable only to subsequent reservations once the level has been reached.

• TA Discounts. They are specific discounts for Travel Advisors for their personal use and enjoyment on Exoticca trips and destinations.

• Special discounts. These are optional promotions that are carried out periodically by Exoticca.

7.1. Purpose

The Exoticca Partner Rewards program aims to offer discounts and commissions to Travel Advisors based on the sales volume generated in the local market and for the reference period. In this sense, a set of levels related to the billing volume will be determined that will imply one discount or another.

For volume accounting purposes, the billing of both regular reservations and group reservations will be accounted for. Likewise, potential reservations that are confirmed before the 5th of the following month will be counted for the purposes of the previous month.

For the purposes of accounting for volume:

• The volume will be counted for each local market individually.

• In the case of potential reservations made during the current month and confirmed before the fifth day of the following month, they will be counted in the volume of the previous month counted from the 1st to the 30th/31st of each month.

• Cancellations of reservations as well as reservations disputed prior to the trip will not be counted towards the collection of commission or towards reaching the level. For these purposes, they will be regularized in the month in which the cancellation and/or dispute occurred in accordance with the payment conditions of the TA.

• In cases of reservations where a discount of any type has been applied, for the purposes of calculating the billing volume, the amount of the reservation will be accounted for less the amount of the discount made, with the final amount paid by the client being accounted for.

7.2. Term and Status communication

For the purposes of this program, reservations made in the last 12 full months from the beginning of the collaboration will be counted.

On the 5th of each month, Exoticca will report on the Advisor's status in relation to the program. Likewise, status changes will be made on the same date.

7.3. Payments and regularization of commissions

Exoticca will pay the Milestone commissions within 30 days of reaching the new category in which the Advisor is located. This commission will only be paid once per category over the last 12 months, so it will not be paid again in the event of demotion and recovery of category during the subsequent 12 months.

Loyalty Program commissions will be paid for each reservation once the reference level has been reached and within 30 days of the return date of the trip.

Commission payments will be paid by bank transfer in the reference local currency in accordance with the reference market, the conditions of collaboration and to the same beneficiary assigned for the purposes of regular commissions.

7.4. Special discounts and discounts for travel advisors

Apart from the discount level and the milestone commission, the advisor will benefit from special promotions depending on each level of the program, consisting mainly of discount codes applicable to future reservations.

In addition, the TA will benefit from special discounts for their personal trips with Exoticca. If you want to enjoy discounts for personal travel, the TA must be a passenger on the reservation and add a maximum of two rooms to the reservation. Likewise, Exoticca reserves the right not to accept the application of the discount in any case and the discounts will not be cumulative. To apply the discounts, the TA must indicate this to the call center agent at the time of booking.

7.5. Loyalty Program Levels

EIGHTH.- Group Tour Reservation Deposit and Payment Conditions

Besides all previous mandatory points and information, the advisor,regarding group trips, shall:

• Manage the payments of traveling clients by grouping them, taking charge of making the payment of the amounts of the combined trip to Exoticca on time and warning of the consequences of not complying with the payment schedule.

• Share all necessary information and documentation provided by Exoticca.

• Inform about the specific Group Tour Reservation Deposit and Payment Conditions and Trip cancellation conditions.

• Manage the requests, claims and queries of traveling clients. For these purposes, Exoticca will not process or be responsible for any request made directly by a member of a travel group.

• All communications regarding Combined Travel Groups must be made through groupbookings@exoticca.com.

To reserve spots on any tour, the Travel Company requires a refundable deposit of $250 per client. Please note that this deposit will be deducted from the total tour cost. The deposit secures your client's place on the tour and ensures availability. Failure to make the full payment by this date may result in the release of reserved spots and loss of deposit. We recommend travel insurance for your clients to safeguard their investment.

• Confirmation of Reservation and Cancellation Policy: Upon 60% payment the reservation will be confirmed for the number of Clients. The Travel Advisor will receive an official confirmation along with tour details and itineraries. Cancellation Policy for Group Tour Reservation payments:

• $250 refundable Deposit until 120 days before departure. 

• Less than 120 days before departure, $250 is non-refundable. 

• 60% non- refundable payment will be due 120 days before departure.

• 40% non- refundable payment will be due 70 days before departure. 

• Contact Information: If the Travel Advisor has any questions or needs further assistance, shall contact our Travel Advisors Groups Department at groupbookings@exoticca.com.

NINTH.- Jurisdiction and the applicable law – Choice of Law

Any dispute, claim or other matter which arises between us out of or in connection with your contract or booking will be dealt with in a court of competent jurisdiction in New York (US).