TUCUAM, a tour operator and wholesaler based in Porlamar, Margarita Island, Nueva Esparta state, Venezuela, RIF J-31648518-8, operating since March 2, 2009, presents to all its users, to partner travel agencies and advisors and to tourism service providers in general, a website and an online platform (www.tucuam.com) through which they can consult, request and book tourism products and services under the terms and conditions set out below.
TITLE I · GENERAL PROVISIONS
Clause 1. Purpose
To establish and regulate the Terms and Conditions for the use of the Website www.tucuam.com, which must be read carefully by the User. Once the Platform is used, they will be considered understood, accepted and approved by the User.
If the User has doubts about any of the Terms and Conditions, they may write to ventas@tucuam.com or contact a TUCUAM advisor on WhatsApp before booking, so that they can be clarified. To use our services, the User must have previously accepted these Terms and Conditions.
Clause 2. Changes to the Terms and Conditions
TUCUAM may modify these Terms and Conditions to adapt them to commercial and business practices that so require. Therefore, each time the Website is used, the User should make sure they understand exactly the Terms and Conditions applicable at the time of making each booking.
Clause 3. Definitions
For the purposes of these Terms and Conditions, the following terms mean:
- Website: the website www.tucuam.com, its pages, forms and tools.
- TUCUAM: tour operator and wholesaler that offers, through the Website and its advisors, information, quotes, booking and sale of tourism products and services.
- User: anyone who consults, requests, books or buys the tourism products and services offered by TUCUAM.
- Partner: travel agency, independent advisor (freelance) or business partner that works with TUCUAM under a commercial agreement.
- Service Provider: natural or legal person who directly provides the tourism product or service booked by the User: hotels and inns, carriers, tour operators, car rental companies, insurers, airlines and others.
- Booking: purchase request made by the User, on the Website or through an advisor, for any of the tourism products or services offered.
- Confirmation: the one TUCUAM sends to the User once it has verified the required payment and availability with the Service Provider, in accordance with the Terms and Conditions set out here.
Clause 4. Access to the Website
1.Access to the Platform is currently free of charge for personal, non-commercial use. TUCUAM may suspend, withdraw or interrupt the Platform in whole or in part without prior notice.
2.Misuse of the Platform is strictly prohibited, such as making speculative, false or fraudulent bookings, or selling, copying or exploiting the Website in any way.
3.Any infringement of this kind will be reported to the competent authorities, revealing the identity of the alleged offender in order to cooperate with the corresponding legal investigation.
Clause 5. Legal capacity and obligations of the User
Essential requirements to use the Website:
1.If a natural person, they must be of legal age and legally competent.
2.If a legal entity, their legal representative or someone legally authorized to contract must act.
3.The User is obliged to use the Website personally.
4.The User is obliged to provide true, accurate and up-to-date information.
5.The User is obliged to have all travel documentation in order: valid identity card or passport, visas, vaccinations, travel authorizations for minors and any other requirements that may be necessary depending on the itinerary or destination chosen.
6.The User is responsible for their luggage and other personal belongings, so it is recommended to take out an insurance policy to cover that risk. TUCUAM is not responsible for theft, robbery or loss of luggage and other personal belongings of the User.
7.The User is obliged to comply with the rules, schedules and restrictions of the Service Providers (luggage, maximum capacity, meeting points, hotel and boat regulations), which TUCUAM will communicate as long as they have been previously published by the Provider.
TITLE II · BOOKINGS
Clause 6. Consulting the tourism service
The User must carefully review all the details of the tourism products and services they will book, including the conditions applicable to payment, cancellation and refund, before making the booking.
Clause 7. Quote and booking confirmation
1.The quotes and prices shown on the Website are for reference until TUCUAM confirms availability. Sending a request or a quote does not constitute a confirmed booking.
2.A TUCUAM advisor will contact the User, normally by WhatsApp, to confirm availability, price and payment method.
3.The booking is confirmed when TUCUAM verifies the required payment (deposit or full payment, depending on the conditions of each service) and sends the Confirmation to the User, together with the vouchers or documents of the service. Without a payment report, the space or room may be released.
4.If the User does not receive the Confirmation within 24 hours after reporting their payment, they must contact TUCUAM on WhatsApp or at ventas@tucuam.com.
Clause 8. Accommodation (hotels and inns)
1.Every accommodation booking is subject to all the clauses of the General Provisions and to the others that apply to it, such as those on the responsibilities of the User and of the Service Providers, with all liability of TUCUAM excluded.
2.Accommodation is offered separately or as part of a package and is subject to the Provider's policies, which may include restrictions, penalties and payment of taxes for cancellations or changes.
3.The prices shown do not include consumption or optional charges, such as minibar items, phone calls, laundry or other extras at the hotel or inn, unless expressly stated.
4.If the User does not show up on the first night of the booking but will check in on the following nights, they must notify TUCUAM at least 24 hours before their original arrival so it can be handled with the Provider. TUCUAM is not responsible for the cancellation of the service by the Provider.
5.If the User does not cancel or modify their booking within the period set in the Provider's cancellation policy (usually 24 to 72 hours before arrival), they will be obliged to pay the charges that policy establishes. In high season (carnival, Holy Week and December, for example) the penalty may be 100% even if the cancellation is made well in advance.
6.Check-in and check-out times, child and pet policies and other conditions are those of the Provider.
7.Any claim about the provision of the service must be addressed directly to the Service Provider, who is the one providing it.
Clause 9. Transfers, tours and full days
1.Transfers, tours and full days (for example, to Cubagua or Coche) are provided by third-party operators and are governed by their schedules, meeting points, minimum number of passengers and other conditions, which the advisor will communicate to the User.
2.Rates depend on the age of each passenger, according to the age ranges indicated by each service. The User must report the ages of minors accurately.
3.The port fee or other boarding charges, when they exist, are stated in the quote and may be charged separately and in a different currency (for example, in euros), unless it is expressly stated that they are included.
4.Tours and sea transfers depend on weather and sea conditions and on the decisions of the authorities and the operator. If the service is suspended for these reasons, it will be rescheduled or the operator's refund policy will apply.
5.Lateness or no-show of the passenger at the departure time and place does not entitle them to a refund.
Clause 10. Packages
1.The User may request packages that combine accommodation, transfers, tours, car rental and other services, either by building their own package or by choosing one previously defined by TUCUAM.
2.Each service that makes up the package is governed by its own change and cancellation conditions, set by its Provider. Modifying or canceling one service does not affect the other contracted services, which must be modified or canceled individually, as long as the Provider's conditions allow it.
3.Every package booking is subject to the confirmation of each of the Providers and to the other conditions they apply.
4.The User accepts the restrictions and rules of the published rates and prices, and must therefore verify whether the services they purchase are refundable or not.
5.The User is responsible for the information provided (first names, last names, dates of birth, identity documents, travel dates and other data required for vouchers and tickets). Errors may cause expenses and penalties for the necessary changes.
6.Providers may change prices, schedules, dates or itineraries, and even delay, reschedule or cancel their services. TUCUAM has no responsibility or involvement in such changes. If they occur, TUCUAM will inform the User of the available alternatives and will only confirm them with their prior acceptance.
7.For trips of minors without an adult, the User must contact a TUCUAM advisor directly.
Clause 11. Car rental
1.Every car rental booking is subject to the General Provisions and to the rental conditions published on the Website, as well as to the responsibilities of the User and of the Service Provider.
2.Rental is offered separately or as part of a package. The User must carefully review the cases in which refunds apply, the vehicle insurance policies, the security deposit and the additional costs for added services.
3.The driver must meet the age requirements and present a valid driver's license, in accordance with the applicable regulations and the Provider's conditions.
4.Vehicle availability is confirmed with the advisor; only confirmed bookings occupy units. Delivery and return take place at the agreed places, dates and times, and the User is responsible for the vehicle and for any damage and fines incurred during the rental, according to the contract conditions.
5.Any claim about the provision of the service must be addressed to the Provider, who is the one providing it.
Clause 12. Air ticketing and other transport services
1.Every air ticket booking is subject to issuance by the airlines and to the conditions, rules and restrictions of the published fare. TUCUAM cannot guarantee issuance until the airline confirms it. The User must verify whether the ticket is refundable or changeable.
2.The User is responsible for the accuracy of the data provided, which must match their travel documents exactly.
3.Airlines may change prices, schedules, dates or itineraries, or delay, reschedule and cancel flights. TUCUAM has no responsibility for those changes; any claim about the transport service must be addressed to the airline.
Clause 13. Travel insurance
1.The cost of travel insurance is not included in the prices of the other products and services, unless expressly stated. The User is advised to take it out.
2.Prices and coverage may be changed by the insurance companies, for which TUCUAM is not responsible.
3.Once the policy is taken out, for any claim the User must go directly to the insurance company, according to the policy conditions, which they must read and accept beforehand.
Clause 14. Group, corporate and tailor-made trips
Group, family, corporate and tailor-made trips are quoted individually. Their deposits, payment deadlines, changes and cancellations are agreed in writing with a TUCUAM advisor and, in the absence of an express agreement, are governed by these Terms and Conditions and by the Providers' policies.
Clause 15. Partner agencies and advisors
1.The relationship with travel agencies, independent advisors and business partners is governed by the commercial agreement entered into with TUCUAM and, where not provided for, by these Terms and Conditions.
2.Access to the partner portal is personal and non-transferable. The Partner is responsible for the use of their credentials and for the information they give their clients.
3.The rates, conditions and tools of the portal are provided for the Partner's commercial use with their clients and may not be copied, resold or disclosed for any other purpose.
4.The Partner is responsible for informing their clients of these conditions and for verifying that they have the required travel documentation.
5.TUCUAM may suspend access to the portal in case of misuse or breach of the commercial agreement.
TITLE III · PRICES AND PAYMENT
Clause 16. Prices
1.Prices are expressed in United States dollars (USD), unless another currency is indicated. They may be paid in bolívares at the official (BCV) exchange rate in force on the payment day, as indicated by the advisor.
2.Prices do not include, unless expressly indicated: visa or passport fees, air tickets, transfers not specified, port fees or other boarding charges, extras of any kind at hotels, excess baggage, tips, services or expenses not covered in the itinerary, or personal expenses.
3.All prices are subject to change as a result of currency and exchange market fluctuations, as well as the availability of the products or services, until the booking is confirmed.
Clause 17. Payment conditions
1.Payment is coordinated with a TUCUAM advisor, who will state the amounts, the deadlines and TUCUAM's official accounts (national or international) to which it must be made.
2.TUCUAM is only responsible for payments made to its official accounts provided by its advisors. Any payment to a different account is the sole responsibility of the User.
3.To secure the space and the rate, a minimum deposit may be required, whose amount is stated in each case. The balance is paid within the deadlines indicated by the advisor.
4.The User must send the proof of payment to TUCUAM. The booking is confirmed once the payment is verified.
5.If payment is made in a currency other than the one agreed, the equivalence indicated by TUCUAM at the time of payment will apply.
6.If TUCUAM suspects fraud or that the payment or the data provided is not legitimate, it may cancel the booking and notify the User, as well as file the relevant report.
Clause 18. Information about changes
If there is any change regarding the flight, schedule or, in general, any aspect that affects the direct provision of the tourism services purchased, the carrier or the Service Provider, as the case may be, must inform the User by the fastest possible means. TUCUAM will help to communicate it, but this is under no circumstances its responsibility.
TITLE IV · REFUNDS
Clause 19. Right to a refund
If, according to the applicable policy of the Service Provider, the User is entitled to a refund of paid and unused bookings, the refund will be processed within thirty (30) business days following the Provider's acceptance of the cancellation and the refund. If the process takes longer for reasons beyond TUCUAM's control, no interest will be recognized on the sums to be refunded. The refund percentage will depend on the Provider's conditions, the administrative expenses incurred and the applicable penalties.
Clause 20. Loss of the right
1.The User's failure to comply with the obligations set out in these Terms and Conditions will cause the loss of the right to any refund and the User will bear the consequences, such as interruption of the trip and payment of administrative expenses and penalties.
2.Likewise, when the authorities of any country or the Providers deny entry or service to the User due to illness, denial of visas or permits, lack of documentation or other decisions or causes not attributable to TUCUAM or the Providers, the deductions or penalties previously established by the Providers will apply when the services are not used.
Clause 21. High season and regular season
1.Bookings for travel in high season, which includes, among other dates, Carnival, Holy Week, Christmas, New Year, long weekends and other holidays and special dates, are non-refundable and non-transferable. Other restrictions may apply depending on the Provider.
2.Bookings for travel in regular season are non-transferable. Other restrictions may apply depending on the Provider.
Clause 22. Refund process
1.The refund of an air ticket is processed by the airline, and the reimbursement time depends on it, as long as the ticket is refundable. The rules and penalties of each airline will apply according to the type of fare.
2.In case of a refund request related to the direct provision of the paid service, TUCUAM, at the User's request, may help them obtain from the Provider the refund of the amounts paid for services not provided or insufficiently provided. In such cases, the User may not claim any compensation, except the refund indicated.
TITLE V · LIABILITY
Clause 23. Limited liability
1.TUCUAM has limited liability, in accordance with the applicable legislation, which operates through the distribution of risk between the parties.
2.In case of events such as accidents, strikes, work stoppages, riots, earthquakes, weather or natural phenomena, security conditions, political factors, denial of entry permits, health matters, power or fuel supply failures and any other case of force majeure that cause deficiencies in the bookings, confirmations or fulfillment of the tourism services contracted, TUCUAM and the Providers are excluded from legal liability, and changes may be made to the itinerary, dates, hotels (of similar or higher category), transport and other services as necessary.
3.If the above events, which are illustrative and not exhaustive, occur during the trip, TUCUAM and the Providers only undertake to provide the services and make the refunds that apply in each particular case.
4.The destinations chosen and purchased by the User are their entire responsibility. TUCUAM does not state or guarantee that travel to those destinations is advisable or carries no risk, and is not responsible for damages or losses that may arise as a result of the trip.
Clause 24. Liability for the content of the Website
1.TUCUAM is in charge of the operation, maintenance and updating of the Website, but does not guarantee its infallibility or its operation at all times, due to causes such as technical failures or interruptions of electricity or internet service.
2.The information, products and services published on the Website are provided by the various Providers, so they may contain inaccuracies or errors in the description, rates or prices, for which TUCUAM declines all responsibility.
3.TUCUAM reserves the right to correct any incorrect price. In that case, if available, it will offer the User the chance to keep their booking at the correct price or to cancel it without penalty.
4.The photographs and illustrations on the Website are for reference only and their purpose is to show the product or service visually; under no circumstances should they be considered a different statement.
5.The Website may contain links to other sites operated by third parties. They are provided for reference only: TUCUAM does not control them or take responsibility for their content, privacy or practices, and their inclusion does not imply approval of or association with their operators.
6.The carriers, hotels and other providers that supply the services are independent contractors and not employees of TUCUAM, so it is not responsible for their acts, errors, omissions, representations, warranties, breaches or negligence, nor for personal injury, death, property damage or other damages or expenses resulting from them.
Clause 25. Copyright and intellectual property
The domain tucuam.com, the brands, logos, texts, designs, photographs and other own content of the Website belong to TUCUAM or are used with the authorization of their owners. If any section of the Platform is copied or used in breach of these Terms and Conditions, its use must cease immediately and the copies made must be destroyed. The User expressly agrees not to generate automatic prints or copies of the pages or content of the Website. Any infringement will be reported to the competent authorities.
Clause 26. Personal data protection
TUCUAM processes the User's personal data confidentially and only to handle their requests, in accordance with its Privacy Policy, published on the Website.
TITLE VI · CLAIMS
Clause 27. Claim resolution
1.If any claim arises related to the Website or to any service booked or purchased, the User must send an email to ventas@tucuam.com with the claim request, their identification data, the description of the facts and the supporting documents.
2.The request will be channeled, studied and answered in accordance with the law, these Terms and Conditions and the response times of the Service Provider. The claim will be resolved individually and not collectively and requires the express approval of the claimant through the same email.
3.The claim should be resolved through alternative dispute resolution means: mediation, conciliation and arbitration.
Clause 28. Applicable law
These Terms and Conditions are governed by the laws of the Bolivarian Republic of Venezuela.
TITLE VII · ACCEPTANCE AND VALIDITY
Clause 29. Declaration of acceptance
The User expressly accepts having read, understood and comprehended, being in agreement and, therefore, having approved all the Terms and Conditions for the use of the Website.
Clause 30. Validity
These Terms and Conditions were modified and published on the Website www.tucuam.com on April 1, 2025 and take effect from the date of their publication. TUCUAM began operations on March 2, 2009.
