Terms and Conditions 

Version 01/12/2023

These General Terms and Conditions (“DXB GUIDE GTC”), together with the Privacy Policy (https://www.DXBguide.com/privacypolicy) govern the use of the DXB Guide online mediation platform (“DXB GUIDE Platform”), which can be accessed through (i) http://www.DXB Guide.com, and certain other websites powered by DXB GUIDE(collectively the “DXB GUIDE Website”), and (ii) certain mobile apps published by DXB Guide  (“DXB GUIDE Apps”). 

The DXB GUIDE Platform is available to users worldwide.

1. About us

We, (“DXB Guide” or “we” or “us”) is the operator of the DXB GUIDE Platform and are responsible for it accordingly. Our platform is available worldwide in multiple languages and is quick and easy to use.
We operate the DXB GUIDE Platform as an intermediary platform on which tours and Activities (“Activity”) are offered online by a variety of local activity providers such as amusement parks, museums, tour guides, and boat tours around the world (“Suppliers”). The Activities include, for example, guided tours, cooking classes, sightseeing tours by bus, boat trips, tickets for sightseeing, and other services. We act as a commercial agent for the Suppliers. The descriptions, photographs, and other content for its own Activities originate from the respective Suppliers. We therefore have no direct influence on such content.

• Scope

2.1 These DXB GUIDE GTC apply to all visitors to and users of the DXB GUIDE Platform and to all- content within the offered operating systems (currently iOS, Android) (“Users”). As soon as you use the DXB GUIDE Platform, you are obliged to comply with these DXB GUIDEGTC. Therefore, please read them carefully during your first use.
2.2 They are available online and apply to all of our services, unless more specific terms and conditions for a specific service prevail. Should this be the case, we will make this clear at the appropriate time. Any of your terms and conditions that conflict with or deviate from the DXB GUIDE GTC shall not apply unless we have expressly agreed to them in writing.
2.3 The use of the DXB GUIDE Platform is only for you personally, i.e. you may not use it under any circumstances for business purposes. Keyword: Reselling tickets is absolutely forbidden ! This means that any use that goes beyond your personal use in your private environment and/or serves commercial or business purposes, those personally connected to you and/or other third parties, in particular the commercial resale of tickets, is strictly prohibited.

• What we do

• You can view Activities on the DXB GUIDE Platform . The contract for the provision of the Activity is concluded exclusively and directly between you and the Supplier (“Service Agreement”). When you buy an Activity on the DXB GUIDE Platform , you  are not buying anything from us, but directly from the Supplier. Service Agreements are concluded by us on behalf and for the account of the Suppliers. We act as a commercial agent for the Suppliers and are commissioned and authorized by the Suppliers to conclude transactions directly between Suppliers and Users, e.g. you, and for the account of the Suppliers and to collect payments from the Users. We do not offer any activities ourselves and therefore do not become your contractual party to any Service Agreement. We do not act as the organizer, the landlord, reseller or other contractual partner in relation to the Service Agreement with you. We receive a commission from the Supplier for brokering the Service Agreement.

• You can filter the list of Activities by different parameters. The discovery wizard will show you Activities that match your criteria and are offered by a specific Supplier. If more than one Supplier is able to offer an Activity that matches the criteria entered in the discovery wizard, the applicable Activities will be displayed in an order based on the factors including popularity, diversity, availability, cancellation rate, rating, performance over time, and amount of revenue generated.
  • In the interest of a fast and smooth process, you may direct questions about your booking to the DXB Guide customer service. For this purpose you can find various forms on Contact us ⎸DXB Guide, as well as through our hotline. As commercial agents, we support the Suppliers in this process. We usually answer within 24 hours, or at the latest usually within 48 hours.
  • We reserve the right to make the use of the DXB GUIDE Platform , individual functions of the DXB GUIDE Platform or the extent to which individual functions can be used, subject to certain conditions, such as the payment behavior of the User (e.g. in the case of prior bookings) or the presentation of certain proof (e.g. proof of identity, purchase, payment, or ownership). We reserve the right to restrict your booking of Activities, or cancel Activities you have booked, in the case of suspected fraud, violation of these DXB GUIDEGTC, or violation of obligations under the Service Agreement, which become known to DXB Guide.
  • We are not obligated to improve, extend (update/upgrade) or make available the content, functions and services provided via the DXB GUIDE Platform. We may discontinue our services and performances at any time; there is no right to continuation. However, if you have already concluded a Service Agreement with a Supplier, Section 15 applies to you, i.e. the Service Agreement.

• Registration and DXB GUIDE account

• Although registration is not required to access the DXB GUIDE Platform, you must register with us in order to use all features, for example, the “Wish List”.
  • In order to create an account  (“DXB GUIDE Account”), you must enter your full legal name and email address in the registration form on the DXB GUIDE Platform and may set a password. If available, you can create an account without a password by using the option to create a passwordless account with an email verification link. You must keep this data secret so that no third party has access to your account. After clicking the button “Confirm email”, you will receive a confirmation ‘welcome’ email from DXB Guide. Your DXB GUIDE account has now been created.
  • You may only create one DXB GUIDE Account for yourself. You may not transfer the account to anyone else.

• DXB GUIDE Apps

• Subject to the terms and conditions of this Agreement, we hereby grant you a non-exclusive, revocable, non-transferable, non-sub licensable, limited license to download, install and use the DXB GUIDE Apps on your mobile device; provided that your installation and use of the DXB GUIDE Apps is solely (i) for your personal use and for non-commercial purposes, and (ii) in accordance with the restrictions and limitations set forth in this Agreement. You may not copy, transfer, lease, loan, modify, adapt, create derivative works of, redistribute, or sublicense the DXB GUIDE Apps and, if you sell your mobile device to a third party, you must remove the DXB GUIDE Apps from the mobile device before doing so. You may not reverse-engineer, disassemble, attempt to derive the source code of the DXB GUIDE Apps, or any part thereof, except where such restriction is expressly prohibited by applicable law. All rights not expressly granted to you hereunder are reserved to us and our licensors.
  • DXB Guide may from time to time in its sole discretion develop and provide DXB GUIDE Apps updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates“). Updates may also modify or delete in their entirety certain features and functionality. You agree that DXB Guide has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either: the DXB GUIDE Apps will automatically download and install all available Updates; or you may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the DXB GUIDE Apps or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the DXB GUIDE Apps and be subject to all terms and conditions of these DXB GUIDEGTC.
  • You acknowledge that when you download, install, or use the DXB GUIDE Apps, DXB Guide may use automatic means (including, for example, cookies, SDKs and web beacons) to collect information about your mobile device and about your use of the DXB GUIDE Apps. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the DXB GUIDE Apps or certain of its features or functionality. All information we collect through or in connection with the DXB GUIDE Apps is subject to our Privacy Policy. You can control certain data processing activities by choosing not to give your consent when prompted by the DXB GUIDE App. 

• Conclusion of contract with DXB Guide – User Agreement

• The subject matter of the contract with us as the contracting party, is the use of the DXB GUIDE Platform free of charge (“User Agreement”).
  • The contractual relationship between you and us comes into effect as soon as you use the DXB GUIDE Platform (which includes the installation of the DXB GUIDE App). A blocking, termination or deletion of your DXB GUIDE Account is possible at any time via the DXB Guide customer service by phone or via the contact form under “Delete account”. The contact details can be found at Contact us ⎸DXB Guide .
  • DXB Guide may unilaterally terminate your User Agreement, DXB GUIDE Account or your access to the DXB GUIDE Platform at any time with a notice period of one week. However, the termination will become effective only after any already established Service Agreements have been executed or canceled. The right to termination for good cause remains unaffected.

• Customer Service / Best Price Matching by DXB Guide

7.1 You can reach our customer services team at Contact us ⎸DXB Guide, we are available by phone chat or email.

• Payment at DXB Guide 

8.1The price offered on the DXB GUIDE Platform (“Posted Price”) shall apply to the Activity. The amount you pay for an Activity (“Booking Price”) is the Posted Price less any applicable discount. Unless otherwise agreed, the Booking Price for the Activity is payable immediately upon booking. 8.2 DXB Guide is entitled to receive the invoiced amounts in the name of and on behalf of the Supplier (as a commercial agent), unless otherwise expressly stated in the Supplier’s invoice. With the successful payment to DXB Guide, you have fulfilled your payment obligations towards the Supplier with a discharging effect. If claims are to be paid in a currency other than your local currency (foreign currency claim), DXB Guide may (in its role as a commercial agent) collect payment in the your local currency and convert the foreign currency claim at the current exchange rate at the time of the conclusion of the contract. For highly volatile currencies, we may charge a reasonable exchange fee.

8.3 We are your contact in connection with a Service Agreement and payment therefore as the commercial agent of the Supplier. If you wish to request a refund of the Booking Price outside of our cancellation policy, you may contact us. We will then contact the Supplier, and the Supplier will determine in its discretion whether to honor the refund request. A refund granted by the Supplier can be processed by the Supplier through us.
8.4 You must provide payment information truthfully and update it immediately in the event of changes. The means of payment permitted for the Activity will be displayed to you in the order process. The terms and conditions of the payment service provider will apply. Your payment service provider may charge additional fees. You are required to confirm to us that you are authorized to use or have the right to use a payment method you select.

8.5 In some cases you will not pay the Booking Price to DXB Guide, or directly to the Supplier, but to another company that we have appointed to process the payment as a sub-agent. For example, if you live in the USA or use a credit card issued in the USA for payment, DXB Guide Operations Inc, one of our subsidiaries, will process the payment. These payments are subject to the same terms and conditions as payments made directly to us, so nothing changes for you. You will have also fulfilled your payment obligations with the successful payment to the sub-agent with a discharging effect towards the Supplier. If you have questions relating to payment, you can contact our local customer service team via Contact us ⎸DXB Guide.

8.6 By authorizing payment, you consent to your payment information being used to collect payment for the Supplier. We reserve the right to make the use of the payment function or individual payment methods on the DXB GUIDE Platform dependent on a check of the required creditworthiness.

• Changes and Cancellations

9.1 You may only cancel the Service Agreements in accordance with the cancellation conditions as stated in the Supplier T&Cs, the description of the Activity on the DXB GUIDE Platform , or on the voucher/ticket issued for the Activity.

9.2 To avoid misunderstandings, you must make changes (e.g. rescheduling the Activity date or making changes to the participants) and cancellations via the DXB GUIDE Platform , unless otherwise agreed. A cancellation or changes can be made via the form available at Contact us ⎸DXB Guide. The change or cancellation must be made in good time; what is “in good time” depends on each individual case (e.g. within the applicable cancellation period) and may be subject to the Activity’s availability. Therefore, it is very important that you carefully read all terms and conditions on the Activity page or the Supplier T&Cs. The decisive factor for a timely cancellation is the timely receipt of the notification by DXB Guide. If these conditions are met, we will issue a cancellation/change confirmation on behalf of the Supplier. This will serve as proof of the cancellation/change and therefore must be kept.
9.3 We can notify you of changes or cancellations on behalf of the Supplier, especially if at short notice, by your provided telephone number and by sending changes to your email address.

9.4 Unless there are different cancellation conditions specified in the description of the Activity on the DXB GUIDE Platform , in the Supplier  T&Cs, or on the Activity voucher/ticket, the following cancellation conditions shall apply:
a) For cancellations more than 24 hours before the start of the Activity: full refund of the Booking Price; and
b) For cancellations 24 hours or less before the start of the Activity or in case of no-show: no refund.

1. Reviews and Other User Content

10.1 We offer you the opportunity to view reviews and other content posted by other users on the DXB GUIDE Platform . The reviews reflect the personal opinion of a respective user from a specific point in time and are therefore shaped by personal ideas and expectations. It must also be noted that the Activity may have changed since the review or other content was posted. The number of reviews and ratings given should also be taken into account, as a single opinion is often less meaningful than the synopsis of a large number of opinions.
10.2 You can personally influence the content of the DXB GUIDE Platform by writing reviews of Activities which you have purchased or posting pictures (together, “User Content”). You are fully responsible for the User Content you post. It is strictly forbidden to post User Content on the DXB GUIDE Platform that: (i) is untrue or misleading; (ii) openly or covertly advertises products, services or companies; (iii) is created in return for remuneration from a third party; (iv) is created by or at the direction of the Supplier who provides the Activity; (v) violates the intellectual property, privacy, or other rights of a third party; or (vi) contains links or similar information/references that are likely to impair the functioning of third-party data processing systems.

10.3 You are obligated to ensure that you are entitled to the necessary rights of use for images before uploading the User Content. In particular, images or photos where we can see  other people may only be uploaded to the DXB GUIDE Platform if these persons gave their consent. If you want to use pictures that have been taken by a person other than you, you also need the consent of this person.

10.4 The public accessibility of the User Content may not violate legal provisions, morality and/or the rights of third parties; in particular, you may not upload and/or make publicly accessible any User Content with depictions of violence, pornography, discrimination, insults, racism, defamation or other illegal content or depictions.

10.5 You retain ownership of any User Content you create. You grant to DXB Guide a non-exclusive, sub licensable (through one or more tiers), worldwide, fully-paid and royalty-free license, in any and all media now known or hereafter discovered or developed, to use, reproduce, adapt, translate, make derivative works of, modify, perform, publicly display, publicly perform, transmit, and distribute the User Content including (i) on or through the DXB Guide Platform, (ii) on or through DXB Guide’s partners, and (iii) in online and offline marketing materials.

10.6 We may remove User Content as necessary and at our sole discretion. For example, DXB Guide may remove User Content if, in our opinion, it violates our obligations under Sections 9.2-9.4. We are not obligated to keep copies of User Content or to provide such copies.

10.7 DXB Guide, its affiliates, sub-agents and their (distribution) partners, may display advertisements and other information next to or together with the User Content on the DXB GUIDE Platform as well as on other media. You are not entitled to any compensation for such advertisements. We reserve the right to make changes to the type and scope of such advertising measures; we will not notify you of such changes.

1. Data protection

11.1 All your personal data collected through the DXB GUIDE Platform is processed by DXB Guide as a data controller, in accordance with relevant data protection laws and for the purposes described in the Privacy Policy. DXB Guide shares your personal data with Suppliers to the extent it is necessary for the performance of the Service Agreement between you and Supplier or when necessary to comply with a legal obligation and for other purposes legally allowed. Suppliers are independent data controllers and bear the sole responsibility of processing your personal data. 

11.2 You will find detailed information on how to exercise your data protection rights in the Privacy Policy.

1. Indemnification

12.1 You shall fully indemnify us for all damages, costs and expenses (including reasonable legal defense costs) incurred by us, our agents, or partners as a result of:
12.1.1 your intentional or negligent misrepresentation, act, or omission in connection with your use of the DXB GUIDE Platform ;
12.1.2 your intentional or negligent non-compliance with the DXB GUIDEGTC; or
12.1.3 claims asserted by third parties arising out of or in connection with your access to or use of the DXB GUIDE Platform that intentionally or negligently violates these DXB GUIDEGTC.

13. Assignment

You may not transfer or assign your rights and/or obligations under these DXB GUIDE GTC, except for any claim for damages.

14. Severability clause

Should individual provisions of these DXB GUIDEGTC be or become void or ineffective in whole or in part, this shall not affect the validity of the remaining provisions. Statutory law shall take the place of any provisions of these DXB GUIDEGTC that are not included or are invalid. If such statutory law is not available in the respective case or would lead to an unacceptable result, the parties shall enter into negotiations to replace the non-included or invalid provision with a valid provision that comes as close as possible to the economic purpose of the invalid provision.

15. Supplier – Service Agreement

15.1 Conclusion of contract with the Supplier 

15.1.1 If you select and purchase an Activity on the DXB GUIDE Platform , you conclude a contract directly with the Supplier. When concluding the contract, we act as the commercial agent of the Supplier. 

15.1.2 After checking the availability of the Activity, you add the respective Activity to the shopping cart by clicking the button “Add to cart”. After clicking the button “Checkout”, you will be asked for further mandatory information, in particular the payment method, which must be completed.
15.1.3 By clicking the button “Pay now” at the end of the ordering process, you submit a binding offer to conclude a Service Agreement with the Supplier that will provide the Activity. You are bound to the offer for two working days. After receipt of the offer, we will send you an automatic order confirmation on behalf of the Supplier. This order confirmation does not constitute an acceptance of the offer.
15.1.4  The Suppliers may provide their own terms and conditions in their respective listings on the DXB GUIDE Platform (“Supplier T&Cs”). Please read these Supplier T&Cs carefully, because they may contain important information for you, e.g. regarding cancellation options or conditions. Nothing in the Supplier T&Cs shall affect your relationship with us, or our legal rights. In the event of a conflict between a provision of the Supplier T&Cs and a provision in Section 9 of the DXB GUIDE GTC, the provision that is more beneficial to you shall govern the relationship between you and the Supplier.
15.1.5 We accept the offer in the name and on behalf of the Supplier once you receive a booking confirmation issued in the name and on behalf of the Supplier and, if applicable, have access to a voucher or ticket (either a mobile voucher or a downloadable PDF voucher/ticket) and a payment confirmation. We reserve the right to accept or reject contract offers at our sole discretion.

15.1.6 The contract between you and the Supplier is not set out in a separate contract text. The content of the contract results from the ordered product (i.e. the description of the Activity selected by you), applicable provisions in Section 15 of these DXB GUIDE GTC, and – if applicable – the Supplier T&Cs.

15.1.7 You must immediately check the order confirmation to ensure that all data has been entered correctly.

15.2 Prices 

15.2.1 In most cases, Posted Prices quoted are inclusive of all taxes and fees.  However, it is possible that additional local taxes or fees are levied locally.  If additional taxes or fees will be levied locally, this will be disclosed in the description of the Activity.
15.2.2 The Posted Prices set by the Suppliers may be subject to special provisions, for example, with regard to cancellations and the refund of payments. You must independently check before booking whether the respective Supplier prescribes deviating conditions.

15.3 Provision of the Activity

15.3.1 You must arrive on time at the meeting point indicated by the Supplier. Please also take note of the Supplier T&Cs. If you are traveling to the Activity from abroad, you are responsible for the necessary travel documents (passport, visa, etc.) and compliance with health or other requirements.
15.3.2 The Booking Price does not include insurance of any type. You are responsible for obtaining sufficient insurance coverage. We strongly encourage you to obtain travel insurance, especially if you are booking an Activity that involves outdoor or high-risk activities. We do not operate tours, employ guides, or set safety standards for Activities. 

15.3.3 Suppliers are independent contractors and not agents or employees of DXB Guide. We are not liable for the acts, errors, omissions, representations, warranties, breaches, negligence, or misconduct of any Supplier, or for any personal injury, death, property damage, or other damages or expenses resulting therefrom or otherwise arising from any booking or Activity. 
15.3.4 For time and deadline calculations, the time zone of the Supplier shall be decisive.

15.4 Further rights of the Supplier 

15.4.1 The Supplier may cancel the Activity on the agreed date without observing a cancellation period if weather conditions, official measures, strikes or other external circumstances that are unforeseeable or can only be averted by disproportionate efforts on the part of the Supplier and are beyond the Supplier’s control (in particular events of force majeure) make it impossible or significantly impede or endanger the performance of the Activity. In this case, the Booking Price paid for the canceled Activity will be refunded. You may direct any additional compensation request directly to the Supplier according to 15.3.3.

15.4.2 The Supplier may exclude you from an Activity if (i) you do not meet the requirements for participation specified on the DXB GUIDE Platform , (ii)  you would endanger yourself or others through your participation, or (iii) you disrupt the implementation of the Activity in any way. In these cases, the Booking Price paid for the Activity will not be refunded.

15.4.3 The Supplier may make immaterial changes to the program of the Activity at any time if this appears necessary due to circumstances arising at short notice. Insignificant program changes also include a change of the starting/meeting point for the Activity, provided that the new meeting point can be reached by the customer from the originally agreed meeting point on foot or by public transport within 15 minutes. A change of the start/meeting point is possible up to 24 hours before the start of the booked Activity and will be communicated to you by email or displayed via the DXB GUIDE Platform .

1. Important Information

The Dubai Coast Guard enforces strict rules on all charter companies here in Dubai & fines are common place if rules are broken, we reserves the right to pass on any fine to the guests if incurred due to non-compliance or disregard for the rules set out by the coastguard & enforced by your Captain & Crew.

All guests are required by law to bring original ID. Tourists require original Passport. Residents can bring Passport, Emirates ID or Emirates Driving License. Failure of compliance can lead to fine of up to AED 1500 per person chargeable as per damage waiver agreement.

Abuse of alcohol & subsequent reckless behavior may result in fines or a termination of the charter without any refunds.

Life jackets are to be worn when the coast guard deems necessary & issues a weather warning.

Littering in the waters is not tolerated and punishable by law.

For your safety, the Coastguard does not tolerate swimming after sunset and swimming more than three meters from the vessel.

Jumping off the yacht while underway or at anchor is not permitted & will result in the charter being terminated.

It is not permitted to participate in Jet Ski or other water toy activity run by a third party during your trip unless booked via us to safeguard insurance agreements with partners.

Number of Guests

Final numbers for guests must be confirmed the night before & may not be exceeded on the day.

Catering Policy

Final numbers for catering required night before. In the event that the clients want to cancel or amend the catering, the full amount will be applied.

You are not permitted to bring your own catering on board

If you wish to arrange your own food, you are permitted to bring only dry items only such as pizzas, sandwiches, crisps, snacks etc. You should organize your own disposable cutleries and plates.

Children Policy

The captain and crew are there to safely man and navigate the vessel & are not responsible for attending to children. Furthermore, on the Coast Guards orders, irrespective of the strength of swimmer, children under the ages of 10 years must wear a life jacket while in the water & out on deck

All persons under the age of 21 years must be supervised by a mature adult.

Children below 1-year-old are only allowed onboard yachts.

Attire

Footwear must be removed before boarding the yachts. We recommend comfortable clothing.

Damage Waiver and Liabilities

Upon arrival to the marina you will be asked to give a pre authorization on your credit card of AED 1,500. If you are unable to give, cash can be given which will be returned to you at the end of your trip. The security deposit will be used against any damages, supplementary packages, or additional services rendered on board.

Should there be any damages caused to the vessel as a direct result of the actions of the client or their guests. The damage and cause of the damage will notified to the client in writing within 24 hours. A contactor, respective to that of the damage caused, will be instructed to provide an official quotation for the repair or replacement of the damaged area. This quote will be forwarded to the client and the amount will be deducted from the card given used on the booking. All damage are quoted full and final.

Any extra cleaning required as a result of your charter is deemed chargeable.

Any fines incurred through the local marine authority as a direct action or failure to comply with our policies by the lead named charterer or their guests will be chargeable under the damage waiver.

No liability or responsibility is accepted for any loss or additional expenses incurred by accident, injury, sickness or death.

No animals or pets of any sort may be taken on board.

No Smoking throughout the yachts interior. Failure to comply will lead to immediate termination of the charter.

Example of fines: swimming during restricted timings, AED 5000. Lack of identification of guests on board AED 1500 per person. Jumping while cruising AED 10,000. Littering AED 5,000

Cancellations & Refunds

We reserve the right to cancel any bookings made. In the event of a cancellation, no liability shall fall on us. Monies paid shall be refunded in full to the named charterer.

Cancellations will only occur due to bad weather conditions, mechanical failure and satisfactory upgrade options are available. Coastguard restrictions and enforcement of new laws prohibiting the charter from going ahead are included.

Cancellation fee retention policy:

50% of the booking value retained up to 72hrs prior to the charter time and date.

100% of booking value retained within 72hrs of the booking time and date.

The Charterer has the right to cancel free of listed charges above if any of the following occur;

Weather is deemed unsafe or a warning has been issued by the coastguard.

We fail to provide an agreed operation aspect of the charter on the day of the charter.

Cancellations must be confirmed by the client prior to the charter time lapsing.

The Captains orders are final & guests should be respectful of that. Instances of anti-social or reckless behavior or any form of abuse etc will result in early termination of your charter without any refund and possible prosecution.

Online Payment Terms

Visa and Master Card will be accepted in AED currency.

We will not trade with or provide any services to OFAC and sanctioned countries.

Customer using the website who are Minor / under the age of 18 shall not register as a User of the website and shall not transact on or use the website.

We reserve the right to charge any damages or violations to the cardholder