A product of Corporacion Lutz S.R.L.
Applicable to all current and future online services of Corporacion Lutz S.R.L. (e.g., xuloo.org, pics.xuloo.org, corporacionlutz.com, tour.corporacionlutz.com, juandoliogym.com)
Scope of Application: These General Terms and Conditions (GTC) apply to all contracts concluded via all websites, mobile apps, and other online platforms operated under the Corporacion Lutz S.R.L. brand (hereinafter collectively referred to as "websites").
This includes, in particular – but not limited to – the following domains:
as well as all future domains, subdomains, or technical successor platforms operated by us or to which these GTC have been expressly declared applicable.
Contractual Partner: A contractual partner is any natural or legal person who enters into a legal transaction with us (e.g., an order, booking, use of a service, or investment). A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession. An entrepreneur is a person or organization acting in the exercise of their commercial or self-employed professional activity when entering into a transaction.
Deviating Terms: Deviating or supplementary terms and conditions of the contractual partner shall not apply unless we have expressly agreed to their validity in writing.
Non-binding Offers: The presentation of our products, services, and investment opportunities on our websites does not constitute a legally binding offer but is an invitation to the contractual partner to submit an offer to conclude a contract.
Order Process: The contractual partner submits a binding offer (order) via our website by fully completing the designated ordering process and finally clicking the button labeled "Pay," "Invest Now," or a similarly clearly designated confirmation button. The ordering process usually includes the following steps:
Order Confirmation: Immediately after submitting the order, the contractual partner will receive an automatic order confirmation by email. This order confirmation does not yet constitute acceptance of the contract unless expressly stated otherwise. The contract is concluded either through an express acceptance by email (order confirmation) or implicitly by the commencement of service provision or delivery of the product.
Storage of the Contract Text: After placing an order, we send the contractual partner an email containing the order data, these Terms and Conditions, and – for consumers – the statutory right of withdrawal information. The contract text is stored internally by us after the conclusion of the contract. For security reasons, the specific order data is not permanently accessible via the Internet. However, registered contractual partners can view basic order information in their user account.
Contract Language: The contract language is German by default. If we provide translations of these Terms and Conditions or other contractual documents in other languages (e.g., Spanish or English), these are for communication purposes only. In case of doubt, the German version shall prevail.
Prices: All prices stated on our websites are – unless otherwise indicated – final prices and include applicable value-added tax (VAT) according to the relevant laws. Any additional shipping or delivery costs will be explicitly indicated during the ordering process.
Currency: Invoicing may be in Euros (€) or in the contractual partner’s local currency, provided this is offered. If conversion is required, we use a common market rate at the time of contract conclusion.
Payment Methods: The contractual partner has access to the payment methods displayed during the ordering process, such as:
We reserve the right to offer individual contractual partners only certain payment methods or to change available payment options over time if justified (e.g., restriction to prepayment for first-time orders, discontinuation of a payment service). Changes in available payment methods do not affect existing orders.
Payment Due Date: When selecting prepayment, the purchase price must be paid immediately after conclusion of the contract. We will start providing services (e.g., production or delivery) only after receipt of payment, unless otherwise agreed. For other payment methods (direct debit, PayPal, credit card, etc.), the charge to the account or card occurs upon or shortly after contract conclusion.
Payment Default: In case of payment default by the contractual partner, the statutory regulations apply. In particular, after a reminder with a deadline, we are entitled to withdraw from the contract and claim damages if the legal requirements are met.
Availability: Unless expressly stated otherwise in the product or service description, our offerings are immediately available or can be provided within a short time. Services that take place on a specific date (e.g., booked tours, courses) are performed at the agreed dates.
Delivery Time for Goods: The delivery period for physical products begins the day after receipt of payment (in case of prepayment) or after conclusion of the contract (for payment on account or other payment methods) and ends at the expiration of the last day of the period. If the last day falls on a Saturday, Sunday, or public holiday at the place of delivery, the period extends to the next working day. Estimated delivery times are provided on the respective product page.
Shipping and Receipt: Unless otherwise agreed, shipping is made to the delivery address provided by the contractual partner. The contractual partner must ensure that the delivery address is correct and accessible. For digital content or online services, provision is made via the user account or by email/download.
Partial Deliveries: We are entitled to make partial deliveries if this is reasonable for the contractual partner. Any additional costs incurred due to partial deliveries will be borne by us. The contractual partner’s statutory rights remain unaffected.
Delivery Delays: Should there be a delay (e.g., if a product is unexpectedly not available in time or a service can only be provided later due to unforeseen circumstances), we will inform the contractual partner immediately about the reason and expected duration of the delay. In case of significant delivery delays, consumers are entitled to withdraw from the contract after a reasonable grace period has expired unsuccessfully. The statutory rights of the contractual partner – particularly the right to withdraw in case of permanent non-delivery and to claim damages – remain unaffected. Any advance payment made will of course be refunded in the event of justified withdrawal.
Transfer of Risk: For consumers, the risk of accidental loss or deterioration of goods passes only upon handover of the goods to the consumer (or a person designated by them). For entrepreneurs, the risk passes upon delivery of the goods to the shipping company.
Until full payment of the purchase price has been made, delivered goods remain the property of Corporacion Lutz S.R.L. In case of payment default, we are entitled to withdraw from the contract and demand the return of unpaid goods. Entrepreneurs are granted a right of resale in the ordinary course of business on the condition that the claims arising from the resale are assigned to us.
Statutory Warranty: All products delivered and services provided by us are subject to statutory defect liability rights (warranty). Consumers residing in the Dominican Republic have rights under Law 358-05 (Protection of Consumer Rights), particularly the right to repair, replacement, reduction of the purchase price, or refund in the event of defective products. Consumers in the European Union have warranty rights according to their respective national implementation laws. These mandatory rights are not restricted by these Terms and Conditions.
Warranty Period: The statutory warranty period is – unless otherwise required by law – 2 years from delivery of the goods or provision of the service. For entrepreneurs, the warranty period for new goods may be limited to 1 year; for consumers, there is no reduction. In cases of fraudulently concealed defects or assumed guarantees, the statutory special regulations apply.
Notice of Defects: Consumers are not required to notify obvious defects within a specific period to preserve their rights. Nevertheless, we kindly ask our contractual partners to voluntarily report any defects or problems to our customer service as soon as possible to enable a quick solution. Entrepreneurs must report recognizable defects immediately; otherwise, the delivered goods shall be deemed approved regarding such defects.
Warranty Notice: If a guarantee is granted for specific products or services (e.g., a manufacturer’s warranty for a technical device), this will be indicated in the product description. Unless explicitly stated otherwise, there are no guarantees exceeding the statutory warranty from Corporacion Lutz S.R.L. The reference to any manufacturer warranties does not affect claims under the statutory warranty.
Prohibition of Assignment: The assignment of warranty claims by the consumer to third parties (e.g., in the case of resale of the item) is partly excluded by law; otherwise, assignment requires our consent unless it is mandatorily permitted by law.
Consumers who conclude a contract with us via our websites have – depending on applicable law – a statutory right of withdrawal (right to cancel), unless an exception applies. Below we inform you about this right according to the legal requirements.
Withdrawal Policy: Consumers in the European Union can withdraw from their contract declaration within 14 days without giving any reason. Consumers in the Dominican Republic have a right of withdrawal of at least 7 working days according to Art. 62(f)–(g) of Law 358-05. We grant 7 working days from the conclusion of the contract or receipt of the goods.
To exercise the right of withdrawal, a clear declaration must be sent to us (e.g., by letter or email to info@corporacionlutz.com). A sample form is provided. To meet the deadline, it is sufficient to send the declaration before the deadline expires.
Consequences of Withdrawal: In the event of a valid withdrawal, we will refund all payments received, including standard shipping costs, within 14 days after receiving the withdrawal declaration. The refund will be made using the same means of payment used for the original transaction. For goods, we reserve the right to withhold the refund until we have received the goods back or you have provided proof of return. The goods must be returned within 14 days. The consumer bears the costs of returning the goods unless we expressly agree to cover them. The consumer is liable for any diminished value of the goods resulting from improper handling.
Exclusion of the Right of Withdrawal: The right of withdrawal does not apply to:
Corporacion Lutz S.R.L. acts solely as an intermediary for certain services and does not itself become a contractual party to the main service. In these cases, the main contract is concluded directly between the contractual partner (customer) and the respective third-party provider. This particularly applies to: vehicle rentals, (excursion) tours, tobacco product deliveries, and similar services carried out by partner companies.
We act as an intermediary for rental vehicles between the contractual partner and a local rental provider (lessor). The rental agreement for the vehicle is concluded directly between the contractual partner and the lessor. We are not the lessor ourselves and therefore assume no no-fault liability for the condition or availability of the vehicle. The lessor is responsible for providing the vehicle and complying with all legal requirements.
Disclaimer (Rental): Corporacion Lutz S.R.L. is not liable for performance disruptions or breaches of contract arising from the rental agreement by the lessor, particularly not for failure to provide the vehicle, defects in the vehicle, or other breaches of duty by the lessor. Any claims by the contractual partner arising from the rental agreement (e.g., reduction, damages due to defects) must be asserted against the lessor. However, we will support the contractual partner to the best of our ability in asserting legitimate claims against the lessor.
Own Liability: Our own liability in connection with the vehicle brokerage is limited to due care in the brokerage activity. We are liable to the contractual partner for damages resulting from grossly negligent or intentional breaches of our brokerage duties. Any further liability on our part (e.g., for slight negligence) only exists in the event of a breach of essential contractual obligations (cardinal obligations) and is then limited to the typically foreseeable contractual damage. Our liability for culpable injury to life, body, or health is not excluded or limited. (This ensures that we limit liability to the extent permitted by applicable law without excluding mandatory consumer rights.)
Accidents and Damages: In principle, the lessor or the insurance concluded by the contractual partner is liable for accidents, personal injury, or property damage occurring during the use of the rental vehicle. We expressly recommend that the contractual partner take out adequate insurance for the rental vehicle (rental companies often offer corresponding insurance options). The contractual partner is responsible for ensuring that they understand the rental conditions (e.g., authorized drivers, security deposit, insurance coverage).
Rental Failure/Changes: Should the vehicle rental not take place as planned due to reasons beyond our control (e.g., last-minute vehicle failure, force majeure), we will inform the contractual partner immediately. In such cases, we will endeavor – if necessary in cooperation with the lessor – to provide a replacement solution (e.g., an equivalent replacement vehicle). If this is not possible, the contractual partner has the right to withdraw from the booking; any rental fees (or deposits) already paid will be refunded. No further claims against us exist if we are not responsible for the failure. The contractual partner’s statutory claims against the lessor remain unaffected.
We act as an intermediary for excursion and tour services (e.g., city tours, excursions, boat or adventure tours) between the contracting party and the local tour operator. The contract for the tour is concluded directly between the contracting party and the organizer. We are not the organizer of the tour.
Disclaimer (Tour Organizer): Corporacion Lutz S.R.L. is not liable for the conduct or performance failures of the tour organizer. In particular, we accept no liability for the tour being carried out as originally described – the organizer is responsible for this. If parts of the tour are canceled or changes occur in the schedule for reasons beyond our control, any claims (e.g., partial refund, compensation) must be asserted against the organizer. We are happy to assist the contracting party in asserting their rights against the organizer.
Risks of Tour Participation: Participation in excursion tours is at the contracting party’s own risk, insofar as it concerns the typical risks of such activities (e.g., terrain conditions, weather). The organizer will generally take appropriate safety measures, and the instructions of the tour guides must be followed. Our liability for damages to the contracting party during the tour is excluded unless damage was caused by a breach of duty attributable to us in our intermediary role. We are not liable for personal injury or property damage resulting from the organizer’s fault or unforeseen circumstances on site.
Insurance Recommendation: We strongly recommend taking out appropriate travel accident insurance and, if necessary, travel health insurance that covers risks associated with the tour (such as accident, illness, repatriation). Especially for adventurous activities, the contracting party should review their insurance coverage.
Cancellation or Change of the Tour: If a tour is canceled by the organizer (e.g., due to bad weather, minimum number of participants not reached, etc.), we will inform the contracting party immediately. Amounts already paid for the tour will be fully refunded if the organizer is obligated to refund and provides us with the corresponding funds. Alternatively, if the customer agrees, a replacement date or an equivalent alternative tour may be offered. If the contracting party cancels their participation at short notice without a valid reason or does not show up at the meeting point (no-show), they are not entitled to a refund of any deposit paid; this is a standard regulation since the organizer has reserved the places. We will inform the contracting party of such conditions when booking the tour. The statutory rights of the consumer (e.g., in case of defects in the tour service) remain unaffected but must be asserted against the organizer.
We act as an intermediary for the purchase and delivery of tobacco products (e.g., cigar sets) between the contracting party and the supplier/vendor of the tobacco goods. The purchase contract for the tobacco products is concluded directly between the contracting party and the supplier. Corporacion Lutz S.R.L. is not the seller/supplier of the tobacco goods but merely organizes the order and, if applicable, the shipping through partners.
Age Restriction: Tobacco products may only be sold to persons of legal age. By ordering tobacco products, the contracting party confirms that they have reached the legal minimum age required for purchasing tobacco products in their country. We or our partners may require proof of age (e.g., copy of ID or age verification upon delivery).
Product Responsibility: The supplier is responsible for ensuring that the tobacco products match their descriptions, are of acceptable quality, and are shipped legally. In the event of defects in the delivered tobacco products (e.g., damaged goods) or delivery delays, the contracting party must assert their claims directly against the supplier. We provide support, for example, by establishing contact with the supplier or facilitating communication.
Customs and Taxes: The contracting party is responsible for properly declaring the imported tobacco goods at the destination and for paying local excise taxes, unless this has already been accounted for during the ordering process. If the supplier offers shipping including customs clearance, we will point this out. Any import duties or customs fees incurred are borne by the contracting party unless otherwise agreed. Delivery delays caused by customs procedures or legal import restrictions are beyond our control.
Disclaimer (Tobacco Delivery): Corporacion Lutz S.R.L. is not liable for damages, losses, or health impairments resulting from the consumption of the mediated tobacco products. The enjoyment of tobacco is at the contracting party’s own risk. Statutory product liability claims (e.g., for contaminated products) must be asserted against the manufacturer/supplier. Our own liability is limited to possible mediation errors (e.g., incorrect forwarding of the order) in accordance with the liability limitation in §12 of these terms and conditions.
Delivery Failure: Should the delivery of the tobacco goods fail or be significantly delayed due to reasons beyond our control (e.g., sudden supply difficulties of the supplier, force majeure), we will inform the contracting party immediately. In case of final delivery failure, the contracting party will receive a refund of amounts already paid for the tobacco goods. Further claims against us do not exist unless a breach of duty attributable to us is present.
For all other cases in which we act as an intermediary for third-party services (e.g., booking of external accommodations, services from partner companies, etc.), the following applies: We are not the service provider but enable the contracting party to conclude a contract with the third-party provider. Our liability is limited to our mediation activities; the third-party provider is responsible for the execution and quality of the mediated service. We will clearly inform the contracting party before the conclusion of the contract if a service is not provided by us but by a partner.
Data Protection Notice: By using a mediation service, the contracting party agrees that we may forward the necessary personal data (e.g., name, contact information, booking details) to the respective third-party provider for the purpose of contract execution. This is done solely for the purpose of contract fulfillment and in compliance with applicable data protection laws (see §15 Privacy Policy).
(The following regulates additional, partly brand-specific services of Corporacion Lutz S.R.L., such as print products, logo design, web design, gymnastics services, etc.)
Under the brand “Xuloo,” we offer various print products (e.g., business cards, flyers, posters). The following special regulations apply to print orders:
The contracting party must carefully check the print data (layouts, images, texts) provided by them before placing the order. We accept no liability for errors in the printed result that are due to incorrect or incomplete specifications provided by the contracting party.
After approval and payment of a print order, changes to the order are no longer possible. The contracting party should therefore thoroughly check the final draft before making payment. If the contracting party still requests changes afterwards, we may – without legal obligation – attempt to implement them as a gesture of goodwill and subject to additional costs, provided production has not yet begun. A new order may be necessary if applicable.
The production and delivery of print products will only commence after full payment has been received. The delivery time depends on the chosen shipping method and the production volume; we will inform the contracting party of the expected delivery time before order confirmation.
Defects in the Print Result: If the delivered print product significantly deviates from the approved draft (e.g., due to a printing error or material defect attributable to us), the contracting party is entitled to supplementary performance (replacement delivery) or – if this is not possible – to a reduction of the price. A rescission of the purchase contract (cancellation) is possible if rectification is impossible or unreasonable for the contracting party. Color deviations within the usual tolerance range and minor cutting tolerances do not constitute a defect.
As part of our logo design offering, we create individual logos based on the specifications of the contracting party.
The contracting party undertakes to provide us with all necessary information, wishes, and specifications for the logo design at the beginning, in order to enable targeted creation.
We present drafts to the contracting party, followed by a coordination process. After the final approval/release of a logo draft and payment, further changes are not included in the agreed price. Subsequent modification requests can be agreed upon separately and may be subject to additional charges.
Transfer of Rights: Upon full payment of the agreed remuneration, all necessary usage rights to the final logo are transferred to the contracting party. The contracting party thereby receives the right to use the logo without restriction for their purposes. We reserve the right to display the designed logo in our portfolio as a reference (e.g., on our website or in marketing materials), unless the contracting party expressly objects in writing. Commercial exploitation of the logo by us will not take place.
Liability for Logo Design: We owe a work free from material and legal defects. If the provided logo infringes third-party rights, we are liable within the framework of the statutory provisions, provided that we are responsible for the infringement. The contracting party assures that the templates or ideas they provide do not infringe the rights of third parties.
Under the brand Xuloo, we offer website creation, domain registration, and hosting services.
Cooperation of the Contracting Party: For successful project implementation, the contracting party is obliged to provide necessary content (texts, images, logos, etc.) that is to be incorporated into the website in a timely manner and in a common format. If the provision of content is delayed, project deadlines will be postponed accordingly.
Revision Rounds: After completion of the first draft, the contracting party will have the opportunity to review it. Usual corrections within a reasonable scope will be implemented. After final approval and payment of the website, major change requests are to be treated as new order items and compensated separately. Minor defects that fall under warranty will, of course, be remedied free of charge.
Domain Registration: If we register a domain on behalf of the contracting party, it is done in the name and for the account of the contracting party. We act as their representative with the domain registration authority. The availability of the desired domain can only be confirmed as binding after the order and payment; we cannot guarantee that a domain displayed as “available” at the time of ordering will still be available at the time of registration. If a domain proves to be non-registrable, we will inform the contracting party immediately; registration fees already paid will be refunded, or an alternative domain will be registered by agreement. Withdrawal from the domain contract after successful registration is excluded, as domain registrations are personalized services executed immediately. The domain term is generally 1 year and will be automatically renewed for a fee unless the contracting party cancels in time (the respective deadlines will be communicated when ordering the domain).
Hosting: If web hosting is agreed upon, we will provide the contracting party with storage space and website accessibility. Our service obligations are determined by the booked hosting package (e.g., storage size, traffic, availability). We strive for very high availability (usually >99% on an annual average). Planned maintenance periods or temporary interruptions for security maintenance will be announced as far as possible. In the event of an error (server failure, etc.), we will rectify it as quickly as possible. Liability for data loss is limited to cases of gross negligence and intent; the contracting party is encouraged to make regular backups of their website data.
Website Content: The contracting party is solely responsible for all content (texts, images, videos, etc.) published on the website created or hosted by us. They assure that the content does not violate legal regulations (in particular, no illegal, extremist, offensive, or copyright-infringing content). We accept no liability for unlawful content provided by the contracting party. If we become aware of a legal violation, we are entitled to block the relevant content until clarification.
Email and Support: As part of some hosting packages, we offer the contracting party email accounts under their domain. The contracting party is responsible for the secure handling of access data. We will process support inquiries promptly, usually through email communication.
Under the brand Juan Dolio GYM, we offer gymnastics, fitness, and sports courses, partly outdoors (beach gymnastics, pool gymnastics).
Participation Requirements: Participation is at the contracting party’s own responsibility. It is recommended to undergo a medical examination before starting the course, especially if there are pre-existing conditions, and to participate in training only when healthy and in suitable physical condition. Our trainers expertly guide the exercises, but it remains the participant’s responsibility to pay attention to their physical limits.
Liability: We are not liable for injuries or health damages suffered by the contracting party during normal course participation, unless these are due to a breach of our duty to ensure safety or gross negligence/intent. In particular, we exclude liability for self-inflicted accidents or general life risks (e.g., sudden health incidents without trainer fault). However, if damage is due to a trainer’s breach of duty of care or provision of unsuitable equipment, we do not disclaim liability – in such cases, we are liable within the statutory limits.
Cancellation and Weather: We reserve the right to cancel or postpone course units at short notice due to poor weather conditions or safety reasons. In such cases, we will try to inform the contracting party as early as possible (e.g., via SMS/WhatsApp or notice). If a paid session is canceled without replacement, the contracting party will either be offered an alternative date or – if this is not possible or reasonable – a pro-rata refund will be given. In case of weather-related interruptions during a session, there is no entitlement to a full refund if a substantial part of the session has already taken place, but we will strive for goodwill solutions (e.g., catching up parts in another session).
Conduct and Equipment: The contracting party must handle the sports equipment and facilities provided by us with care. The contracting party is liable for damages resulting from improper use or intentional damage and may be required to reimburse the repair or replacement costs.
Disclaimer for Property: No liability is accepted for items brought by participants (valuables, clothing, etc.); it is recommended not to leave valuables unattended.
(Note: The provisions regarding each specific service are intended to make clear to the customer what obligations and rights they have. Overlaps with previous liability provisions are possible; in case of doubt, the more specific provisions of this §9 shall apply to the services mentioned.)
1. Unlimited Liability: We are fully liable for damages resulting from injury to life, body, or health caused by a breach of duty by us or one of our legal representatives or agents. We are also fully liable for damages caused intentionally or through gross negligence by us or our legal representatives/agents.
2. Warranty Rights: Our liability within the scope of warranty claims (material and legal defects) is governed by the statutory provisions and the rules set out in §6. This limitation of liability primarily concerns other damages (e.g., tortious acts or breaches of ancillary contractual obligations).
3. Limitation in Case of Slight Negligence: In the case of slightly negligent breaches of duty resulting in material or financial damages, we are liable – except in cases of unlimited liability pursuant to item 1 – only for breaches of essential contractual obligations (cardinal duties). Essential contractual obligations are those whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the contracting party regularly relies (e.g., timely performance, provision of defect-free goods/services). In such cases, our liability is limited to the foreseeable, typical damage at the time of conclusion of the contract.
4. Exclusion of Liability: In all other cases, liability of Corporacion Lutz S.R.L. is excluded. In particular, we are not liable for circumstances beyond our control, such as natural disasters, governmental interventions, failure of communication networks, cyberattacks, provided we have taken reasonable protective measures.
5. Product and Intermediary Liability: Where we act as intermediaries under §§8–9 or involve third parties in service provision, the specific liability regulations therein apply. Our liability for the fault of third parties who are not our agents is excluded. Claims of the contracting party against third-party providers (e.g., organizers, suppliers) remain unaffected; possible liability on our part for negligent selection (e.g., grossly negligent selection of an obviously unreliable partner) remains within the scope of the above regulations.
6. Liability from Guarantee: If we have exceptionally given a guarantee or assurance and the guaranteed success does not occur or a guaranteed feature is missing, we are liable without limitation within the statutory framework.
7. Scope of Application of the Limitations: The above limitations of liability apply to both contractual and tortious claims and also in the event of futile expenditures. They also apply in favor of our employees, representatives, and agents if claims are asserted directly against them.
8. Product Liability Law: Any mandatory liability claims under product liability laws (e.g., Dominican Product Liability Law or comparable laws within the EU) remain unaffected by the above regulations. However, we point out that for certain products we are not the manufacturer within the meaning of such laws, and liability rests with the manufacturer.
(This clause is primarily aimed at business partners, investors, or affiliates who might handle internal information. It is of little relevance for end customers in normal purchases.) To the extent that the contracting party gains insight into internal business processes, trade secrets, or confidential information of Corporacion Lutz S.R.L. during the course of cooperation, they are obliged to treat this information confidentially. In particular, such internal matters may not be disclosed to third parties or used outside the purpose of the contract.
This confidentiality obligation does not apply to information that:
The confidentiality obligation remains in effect even after the end of the contractual relationship for a period of two years.
Consumers who merely purchase our products/services are subject to this clause only to the extent that they actually receive special confidential information – which is usually not the case in normal business transactions.
We offer third-party providers (e.g., partner companies, influencers, website operators) the opportunity to promote our vacation and tour offers within the framework of an affiliate program. The following additional conditions apply to these advertising partners:
Independent Activity: The affiliate partner (third-party provider) acts on their own account and responsibility. There is no employment relationship, no partnership, or other direct agency relationship between them and Corporacion Lutz S.R.L. The partner is solely responsible for properly declaring all earned commission income for tax purposes and for making any necessary business registrations.
Advertising Materials and Links: We provide the affiliate partner with advertising materials (e.g., banners, links, text templates). Only these provided materials and individual affiliate links may be used. Alteration or manipulation of the advertising materials is prohibited. The partner may only use the affiliate links on legal and reputable web presences. Spam emails, misleading advertising, or integration on illegal websites are particularly prohibited.
Compliance with Legal Regulations: The affiliate partner undertakes to comply with all applicable laws and regulations, in particular: the rules of the United States Federal Trade Commission (FTC) regarding disclosure of affiliate links and advertising (e.g., clear labeling of recommendations as advertising); the requirements of the General Data Protection Regulation (GDPR) of the EU, where applicable; and the relevant laws of the Dominican Republic. The partner must transparently inform end users that they receive a commission for referrals whenever legally required.
Commission Claim: The partner receives a commission according to the terms of the affiliate program for referred sales/bookings that can be attributed to their affiliate link. The exact commission rates and payment conditions are regulated separately. There is no entitlement to a commission in cases of cancellations, reversals of contracts, or customer withdrawals.
Termination of the Program: We reserve the right to terminate a partner’s participation in the affiliate program at any time without providing reasons. This applies particularly in cases of violations of these conditions, legal regulations, or our policies. In the event of termination, all our advertising materials must be removed by the partner immediately. Outstanding commission claims remain unaffected, provided no violations have occurred.
Indemnification: The affiliate partner shall indemnify us against all claims by third parties arising from their conduct within the framework of the affiliate program.
Tracking and Data Protection: We use cookies or comparable technologies to track referred sales. The partner must, where legally required, inform users about the use of such technologies on their website and obtain consent if necessary. Data processing is carried out in accordance with our privacy policy.
Applicable Law: Unless mandatory consumer protection provisions of another country take precedence, these Terms and Conditions and the contracts concluded under their validity are subject to the law of the Dominican Republic. However, mandatory consumer protection provisions of the country in which the consumer has their habitual residence remain unaffected by this choice of law, in accordance with Article 6(2) of the Rome I Regulation. In other words: we choose Dominican law but do not deprive consumers of the protection afforded by the mandatory provisions of their home country.
Jurisdiction for Merchants: For disputes arising from or in connection with this contract, the exclusive place of jurisdiction – insofar as permissible – is agreed to be the registered office of Corporacion Lutz S.R.L. in Santo Domingo, Dominican Republic. This jurisdiction agreement applies only to contracting parties who are merchants, legal entities under public law, or special funds under public law.
Jurisdiction for Consumers: If the contracting party is a consumer and has their domicile or habitual residence in another country, the above jurisdiction clause applies only to the extent that it does not conflict with consumer protection laws. Consumers may assert claims arising from this contract before the competent courts of their place of residence or in the Dominican Republic. Any statutory place of jurisdiction at the consumer’s domicile remains unaffected by this clause.
Alternative Dispute Resolution: We strive to resolve any disagreements arising from our contractual relationship amicably. However, we are not – in the absence of an obligation – participants in formal alternative dispute resolution procedures before consumer arbitration boards, unless a legal obligation requires it. In the EU, we inform consumers that there is the Online Dispute Resolution (ODR) platform: https://ec.europa.eu/consumers/odr. Our email address is info@corporacionlutz.com. Participation in the ODR platform serves to facilitate the settlement of any disputes arising from online contracts.
Class Actions: To the extent legally permissible, the contracting party waives the right to assert claims against us as part of a class or mass action. This waiver does not affect the contracting party’s right to bring individual claims in court. (Note: This clause is particularly relevant for the U.S. area. If it is invalid in a jurisdiction or the consumer does not agree to it, it does not apply.)
The protection of personal data is of high importance to us. We process personal data of the contracting party exclusively in accordance with applicable data protection laws. Details regarding the type, scope, and purpose of data collection and use can be found in our separate privacy policy (views/privacyPolicy.php).
Key Points: We primarily use the data for contract execution (Art. 6 para. 1b GDPR or accordingly under Ley 172-13) and – if the contracting party has consented or if legally permitted – for our own marketing purposes. Data is only shared with third parties to the extent necessary for contract fulfillment (e.g., with delivery services, payment providers, partner companies for mediated services) or if there is a legal obligation.
The contracting party has rights to access, rectification, deletion, and other data subject rights as explained in the privacy policy. In case of questions regarding data protection, they can contact us at privacy@corporacionlutz.com.
Our websites use cookies and similar technologies to provide functionalities (e.g., shopping cart, login) and to analyze user behavior. Details about this are also described in the privacy policy and/or a cookie policy.
Notice: Visitors from the EU are asked for consent to the use of non-essential cookies upon their first visit (cookie banner), as required by law.
By using our services, the contracting party confirms that they have taken note of our privacy policy. Use of our services requires the contracting party’s agreement with the principles described therein. Without such consent, unfortunately, our services cannot be used.
Transparency and Consumer Rights: We are always committed to complying with applicable consumer protection regulations and acting transparently and fairly towards our customers. If any provision of these Terms and Conditions violates a mandatory consumer regulation or is invalid, the statutory provisions shall apply instead of the affected clause (severability clause). The remaining provisions remain unaffected.
Inquiries and Complaints: For questions regarding our products or services or in case of complaints, the contracting party can contact our customer service: by email at support@corporacionlutz.com or by telephone at the customer service number indicated on the website. We will process complaints as quickly as possible and propose solutions. In the Dominican Republic, consumers can also contact Pro Consumidor (consumer protection authority) if they feel their rights have been violated.
Reputation and Public Statements: The contracting party undertakes not to make knowingly false statements about us or our brands in public communication. Criticism and reviews, including negative ones, are of course permissible as long as they are based on truthful facts or recognizable as opinions. We reserve the right to take legal action against defamation or slander if a contracting party demonstrably spreads false facts in bad faith that significantly harm our company.
Written Form and Amendments: Amendments or additions to these Terms and Conditions must be made in writing. This also applies to any waiver of this written form requirement. We reserve the right to adapt these Terms and Conditions for the future, for example in the event of changes in the law, expansion of our service offerings, or closing of regulatory gaps. Amended Terms and Conditions will be communicated to the contracting party in an appropriate manner. For already concluded contracts, the Terms and Conditions valid at the time of contract conclusion shall apply, unless a change is expressly accepted by the contracting party.
Contract Language and Interpretation: The German version of these Terms and Conditions is authoritative. If translations (e.g., into Spanish) are provided, they are for informational purposes only. In case of interpretative differences, the German original version is decisive.
Severability Clause: Should any provision of this contract be or become invalid or unenforceable, the rest of the contract shall remain unaffected. In place of the invalid clause, the statutory provision shall apply. The same applies to any regulatory gaps.
Last updated: April 2025