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INTRODUCTION.- Welcome to the website www.vacacionandocancun.com . When making the purchase of some of our services is expressly conditioned to your acceptance of this Mediation Contract for the provision of tourist services.
G L O S S A R Y
For the purposes of this Contract, it is understood as:
a) Agency: To the supplier that intermediates, hires and / or offers to tourists the provision of tourist services or products, upon payment of a certain and determined price.
b) Annex: Document in which the tourist services that are commercialized in this contract are listed, as well as the prices thereof.
c) Client: To the consumer who travels temporarily outside his habitual residence and who uses any of the tourist products or services, by paying a certain and determined price.
d) Tourist package: Pre-integration in a single product of two or more tourist services related to these and that is offered to the Client detailed in the Annex to this Contract.
e) Tourist service: That provision of a commercial nature that satisfies the needs of tourists in conditions of economy, security and comfort, which are described in the Annex of this Contract.
S T A T E M E N T S
I.Declares "The agency" that:
a) To be a moral person legally incorporated under Mexican law, which is credited with the testimony of public deed number TWO THOUSAND NINE HUNDRED AND TWO dated May 23, 2016 , granted before the faith of Notary Public number thirty-six, in exercise with residence in this city and registered in the Public Registry of property and Commerce of the state of Quintana Roo. The General Manager who in this act interferes with the powers conferred on the testimony of public deed number referred to above, and that such powers have not been revoked, modified or limited to the date of signature of this Agreement.
b) Among the activities that are its object, are foreseen the following: Organization of excursions and tourist packages for travel agencies; Service of reception of telephone calls and promotion by telephone; Serve as intermediaries between tourists and other providers of tourism services and between tourism service providers among themselves; To reserve to the tourists rooms and other related services in establishments of lodging, camps and paradores of rolling houses, giving them the voucher or respective coupon; Commercialize and commercialize trips and excursions, within the national territory or abroad; The others that are complementary or related to those previously mentioned; In general, the performance of all acts and celebration of all kinds of contracts or agreements necessary or convenient for the best development of the object.
As well as having the right elements and sufficient experience to be bound by the provisions of this Contract.
c) Your home is located in Supermanzana 50, Manzana 01 Lote 1-03, Office 7, 2-N, Av Kohunlich, municipality of Benito Juarez, the state. of Quintana Roo, which indicates as conventional domicile for all legal effects of this Contract.
d) It is registered in the Federal Register of Taxpayers with the password
e) That has a valid certificate that protects its registration in the National Tourism Registry
f) It has the infrastructure, its own elements, technical resources and trained personnel to fulfill its obligations, in accordance with the provisions of this Contract.
g) For the attention of doubts, clarifications, complaints or to provide orientation services, it indicates the address located in Supermanzana 50, Block 01, Block 1-03, Office 7, 2-N, Av. Kohunlich, Municipality of Benito Juárez, of the State of Quintana Roo, telephone (998) 6-88-92-91, and email firstname.lastname@example.org , with hours of 11:00 to 17:30These services will be provided free of charge.
h) Inform the client of the prices, rates, conditions, characteristics and total cost of the tourist service that is the object of this contract.
II.Declares "The client" that:
a) Has the legal and economic capacity to be bound by the terms of this Contract;
b) The client declares under oath of truth, appearing by his own personal right and / or through his legal representative, that he is a natural or moral person, greater than age, skillful, capable and with sufficient means or with economic capacity to be bound by the terms of this contract and in the terms and conditions of the annex, as well as interest in acquiring the intermediation and reservation services specified herein and that for this purpose resorts to Vacacionando Cancún, so that it acts as a mere intermediary between you and the direct providers of tourism services;
c) Received from the agency in advance, useful, accurate, accurate and detailed information on each and every one of the conditions of the provision of the service subject of this contract.
By virtue of the previous Declarations, "The parties" agree to be bound according to the following:
A R T I C U L E S
FIRST. CONSENT.-The parties agree to express their will to celebrate this Contract whose legal nature is the mediation for the provision of tourist services.
SECOND. OBJECT.-The purpose of this Contract is that the intermediary agency, hire or offer the provision of tourist services, which are detailed in the Annex to this contract, upon payment that the client makes a certain price and determined .
THIRD. SERVICE PRICE.-The parties express their agreement that the total price to be paid by the client as consideration for the tourist service, is the amount that for each concept is indicated in the Annex to this contract.
The amount indicated in the Annex, includes all the amounts and concepts related to the tourist service, so the agency is obliged to respect at all times said cost without conditioning the provision of the Tourist service contracted for the acquisition of another service not required by the client.
FOURTH. FORM AND PLACE OF PAYMENT.-The client will make the agreed payment for the tourist Service indicated in the Annex of this Contract under the agreed terms and conditions, which may be:
a) Cash: in cash, with debit card, credit card, bank transfer, at the address of the agency, through the website www.vacacionandocancun.com , and / or by phone and the charge will appear with the legend, vacationing Cancun or with the legend equivalent to the provider, depending on the service contracted. In some the first charge will be the cost of the service, and the second charge for reservation fee, taxes and administrative expenses, in national currency, without being detrimental to being able to do it in foreign currency at the exchange rate published in the Official Gazette of the Federation. day the payment is made;
Please note that the amount that will appear on your credit card payment receipt may vary up to three percent due to fluctuation. You acknowledge having been informed of the fluctuation of the exchange rate and agree to the corresponding charge in national currency, or the corresponding charge in US dollars.
b) Installment: The client may, after agreement with the agency pay in installments, for which, the agency must deliver to the client the written information of the dates , as well as the partial amounts to be paid;
In any case, the agency is obliged to issue and deliver to the client the document that covers the charges made for the provision of the tourist service provided in accordance with the corresponding legislation.
FIFTH. OBLIGATIONS OF THE PARTIES.
THE AGENCY IS OBLIGATED TO:
a) Comply with the provisions of this Contract;
b) Provide the client with a copy of this Contract by any means, or the corresponding certificate that has been signed with the person who will provide the tourist service to the client, which must contain letterhead of the agency with the identification data;
c) When making reservations for hotel, car or other services, you must give the client the proof of the reservation and the number or key that has been provided by the provider of the reservation. final services;
d) Provide the necessary information that is requested by the client, in relation to this contract and tourist services;
e) Request the tourist services specified in the Annex to this contract on behalf of the client according to the availability of the same, to hire them acting as an intermediary between this and the people in charge of directly providing the Tourist Service;
f) Provide the client with airplane tickets, bus tickets, trains or railroads, car rentals, tours, ships or cruises (only when provided by the carrier company ), In its case it will indicate to the client the place where it will be able to collect the tickets;
g) Assist the client to get on their own the services that solve their emergency or, in their case, the transfer back when the tourist service is not provided by the provider. final services in accordance with what is agreed in this Contract and in accordance with what has been offered;
h) Auxiliary to the client to claim before the provider of the final service, the provision of the contracted service, or prior verbal authorization of the client requesting the modification of the direct service provider , help to provide the service of another quality provider and / or equivalent category.
CUSTOMER OBLIGES TO:
a) Comply with the provisions of this Contract;
b) Provide the agency with truthful and correct information about your age, sex, name or surname and, where appropriate, the information of the people accompanying you. The data and information must be provided in a complete manner for the formation of the itinerary and the reservation of land and air services (hotels, visits, rental cars, trucks, planes, restaurants);
c) Make payments in accordance with the terms of this Contract, so that the service can be provided, otherwise the client relieves the Agency of all responsibility and obligation;
d) Make the reservation for the provision of the service in the terms and conditions established in the annex, otherwise the client relieves of all responsibility and obligation to the Agency;
e) Make the payments of the reservation fees, administrative expenses, taxes and tips which the client must pay at the moment of making their reservation of each destination.
f) Deliver in a timely manner the documents requested by the agency and that are necessary for the provision of the service, such as: photo identification, passport, visa, permits, booklets of vaccination with photography and stamp, bank or credit cards and those that the provider of the final service requires;
g) Respect the regulations, rules or conditions established by each one of the providers of the tourist service hired by the intermediation of the agency.
SIXTH. VALIDITY.-The validity of this Contract will be twelve months, according to the terms and conditions established in the annex, and / or while the tourist service is provided, as long as the payment obligations have been covered in its totality by the client, time in which the present Contract will have all its legal effects.
SEVENTH. CASE FORTUITO AND FORCE MAJEURE .-It is understood by fortuitous case or force majeure, events or events beyond the will of the parties such as a hurricane, provided that such events or events are unpredictable, irresistible, insurmountable, current and not arising from any negligence or provocation of any of the parties. Diseases of any kind that could be presented by any of the parties will not apply as a fortuitous case.
When the tourist service is not rendered by fortuitous event or force majeure, or has been partially lent The client will have the right to change the reservation date for a single occasion to use your service, subject to the terms and conditions of the annex and the policies of the final provider.
The parties agree that if due to force majeure or fortuitous event, the final contractors of the contracted services could not partially or totally provide them, the agency is relieved of any responsibility or liability. commitment, being able the client to manage on its own the reimbursement of the amount that proceeds or a new reservation directly with the final service provider.
EIGHTH. CHANGES OF THE ORDER OF THE SERVICES WITH THE CLIENT'S AUTHORIZATION.-In the event that the client requests the agency to change the final service provider, he / she is obliged to give authorization to the Agency immediately so that he / she can perform said change of provider, and the ability to issue, issue or purchase air tickets in your name, adhering and accepting both the agency and you cancellation policies and ticket sales of national and international airlines, the issuance policies , and the reservation and cancellation policies of the agency.
Taking into consideration that you have been informed that once the purchase of the airplane tickets has been made, there is no refund or modification.
In the case of the provision of the hotel service, the client is subject to the terms and conditions of the annex, being able to request only two changes of date within the period established in the annex , in the understanding that it is a non-refundable service but, one hundred percent transferable to a person, as long as it complies with the same profile of the subscribing client of this contract, otherwise relieves the agency of all responsibility and obligation.
The agency may modify the order of the tourist services indicated in the annex to this contract, for a better development of the same or for the reasons that justify it, as long as respect the quantity and quality of the tourist services that have been hired.
The client will not be able to make changes of dates, routes, or services, without prior written authorization from the agency, in case these changes have a cost, this will be indicated by the agency to the client in writing, it is understood that the client consented to such modification and no claim, compensation or reimbursement will be forthcoming.
NINTH. CANCELLATION.-Cancellations must be requested in writing at the address indicated in this Contract and the agency will give a response within 48 (forty eight) hours after receiving the cancellation in days and hours, without prejudice of the charges indicated below:
Reservations canceled 30 days or more before the arrival date are subject to a charge of 10% of the total amount of your reservation.
Reservations canceled 20 to 15 days before the date of your arrival are subject to a 2-night charge.
Reservations canceled from 10 to 0 days before the date of arrival, or in case of not arriving, will not be refunded. In the same way there is no refund for early departures.
No refund applies for the holiday seasons, New Year, and Easter, the cancellation policies in these cases are different, as they are subject to the terms and conditions of the final provider of the service, which will be made known in writing before confirming the client your reservation.
No reimbursement applies for the packages purchased in the promotional rate, only change of date, and it is one hundred percent transferable to another consumer, who meets the respective requirements, to be entitled to the acquisition, during the period previously determined in the annex, or as long as there is availability of the service in question. Being on behalf of the Client the presentation of the person who replaces it.
In the cases in which the refund proceeds in terms of these cancellation policies. The amount refunded will be reflected in your account statement within the next 5-10 business days depending on the banking process, mainly the terms of your issuing bank.
For cancellation of Tours reservations and / or ground transportation:
Reservations canceled 3 days or more before the date of service, are subject to a charge of 10% of the total amount of your reservation.
Reservations canceled 2 to 0 days before the date of service, or in case of not arriving, will not be refundable.
In the event that only the client wishes the cancellation of any service included in the package, the agency will only charge 30% (thirty percent) of the total amount of the individual service requested in said cancellation.
When the agency is the one who cancels for reasons attributable to it, it will be obliged to reprogram the services contracted according to the terms and conditions established in the annex. If the responsibility or cause of the cancellation lies with the direct and final providers of the services, the agency will help the client to obtain the services that solve their emergency, to be transferred back on the client's own account and, of course, to contribute with the client to claim reimbursements from the direct service provider, only mediating in the processing of such reimbursements.
TENTH. CAUSES OF RESCISSION .-Are causes for termination:
a) That any of the parties does not comply with the provisions of this Contract.
In case of termination of this Contract, the breaching party must pay the corresponding penalty.
ELEVENTH. RESERVATIONS AND PAYMENTS.-All reservation requires a deposit that will indicate the agency, which must be paid in National Currency, without prejudice to be able to do it in foreign currency at the exchange rate published in the Official Gazette of the Federation the day in which the payment is made, the foregoing to guarantee (the provision of services) the airspace and request terrestrial services; with the understanding that the agency will give the reservation or confirmation key to the client's email, once the final payment for the services contracted by the client is covered.
All reservations are subject to availability at the time of processing your request. Availability can not be guaranteed until full payment has been received. Any change of reservation is subject to availability and re-quotation of rates.
TWELFTH SECOND. NOTICE OF PRIVACY.-Prior to the signing of this Contract and in compliance with the provisions of the Federal Law on Protection of Personal Data Held by Private Parties, the agency informs the Client of the privacy notice, the which is found in www.vacacionandocancun.com as well as the procedure to exercise the rights of access, rectification, cancellation and opposition to the processing of your personal data.
THIRTEENTH. JURISDICTION.-These Terms and Conditions shall be governed by the laws of the state of Quintana Roo. You declare that you know the scope of this Contract, whose Terms and Conditions are the faithful expression of your will and submit to the case of non-compliance or interpretation to the competence of the Federal Consumer Procurator, in the administrative way, as a conciliatory instance, to resolve the differences that may arise and if they persist You agree to submit to the jurisdiction of the Laws and Courts of Cancun, Quintana Roo, Mexico, under your exclusive jurisdiction, in turn waiving any other jurisdiction that by reason of their present or future domiciles or by the location of their assets or by their nationality could correspond.
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