TERMS AND CONDITIONS

Welcome to Viajes Covamex’s Internet webpage (hereinafter “Covamex”), which domain names are www.viajescovamex.com and/or www.viajescovamex.com.mx (hereinafter jointly, the “Site”) and are Covamex’s exclusive property. We appreciate your preference and visit to our Site and inform you that as soon as you enter into the Site, you (hereinafter the “User”) herein expressly acknowledges and accepts totally and unconditionally the terms and conditions as the same may be amended or restated from time to time (hereinafter the “Terms and Conditions”):

Covamex maintains its right to modify, at its sole discretion and without previous notice, this Terms and Conditions and such modifications will be immediately binding for the User as of its publication in the Site. The User accepts and expressly acknowledges that the use of the Site implies the express acceptance to these amendments or restatements and for that reason agrees to review this Terms and Conditions in order to get informed about such possible ammendments or restatements.

Likewise, Covamex reserves its right to modify the content of the Site unilaterally, periodically and without any previous notice to User, including but not limited to the Services and Suppliers published in Site (as referred below), the sales and promotions, destinations, etc. and the User will not be entitled to claim or ask for any payment or indemnity in any way in that regard.

Covamex informs the User and the User acknowledges and accepts that the Site has implemented security SSL locks, cookies and/or tracking tools.

Recitals of the Parties.

User declares, under oath, that:

1. By accessing and using the Site, it does it willingly and hires the Services in the same way and/or on behalf of its legal representative or an intermediary expressly authorized for said purposes.

2. Has the legal ability and the economic capacity to use the Site and agrees to be bind to the Terms and Conditions, including the hiring of the Services.

3. Needs Covamex’s Services in order for Covamex to act as its intermediary between the User and the different Suppliers (as defined below) included in the Site to hire one or more of the Services.

Covamex declares, under oath, that:

1. It is a commercial corporation, legally incorporated in accordance with the applicable laws in the United Mexican States.

2. It has authorization from the Tourism Ministry to provide services as Travel Agent.

3. It has Federal Taxpayer Registry number VCO860801A2A.

4. It has its domicile in the street of Oaxaca number 95, colonia Roma Norte in the municipality of Cuauhtémoc, México City, Mexico Zip Code 06700.

5. It has the necessary experience and the technical ability and human resources to act as intermediary between the User and the Site’s Suppliers (as defined below).

Privacy Announcement. Covamex, in compliance with that stipulated in the Federal Law for the Protection of Personal Data is responsible for he User’s personal information.

User acknowledges and accepts that Covamex requires that User directly provides its personal information through the Site, and it does not obtains it through automatic means and in such regard it shall be considered to be User’s decision to provide or not such information to Covamex and the User is the only responsible for its accuracy.

Covamex asks for this personal information in order to: analyze its economic capacity to hire the Services; to reserve and/or pay, any of the Services published in the Site; to send it sales and promotions to the email address provided by the User; for the sending of documentation, confirmation of reservations and/or Services and/or modifications of them or cancelation thereof if the case; to offer and hire insurances that apply to the offered or hired Services; for marketing and/or publicity purposes in social media; to send invitations to events and/or games; for legal purposes in accordance with the applicable laws; and, in general for providing the offered and/or hired Services.

Notwithstanding the above, the User could express its refusal to the particular handling of its personal data in connection with such purposes that are or will not be necessary for the rendering of the hired Services. For that purpose User must provide its refusal to the particular handling of its personal data by electronic communication to the following address datospersonales@viajescovamex.com, within a term that will not exceed of 5 (five) days, since User provides Covamex its personal information or published its data on the Site. The same procedure will apply in case the User wishes to withdraw its consent previously granted for the use of its personal data.

User acknowledges and accepts that in accordance with the provisions stipulated in article 37 of the Federal Law for the Protection of Personal Data held by individuals, Covamex may transfer User’s personal data nationally or internationally, to its subsidiaries, associates, etc. to governmental administrative and/or judicial authorities, whether federal, local or municipal, to sanitary authorities for the fulfillment of any of the purposes stated in this clause, including those necessary to safeguard the public interest, fulfill the laws and to procurement justice, etc. without the need to obtain its previous consent in said regard.

License of Use. In accordance with this Terms and Conditions, Covamex grants the User, in a revocable, non-transferable and non-exclusive manner, a license for the use of the Site. The User will be able to use the Site only for his personal use, to make reservations and to hire the corresponding Services and acknowledges that only for that purposes may print and/or copy information published on the Site.

This Site and its content, including but not limited to texts, photographs, graphics, legends, specific mixtures of words, letters, colors or visual or phonetic elements, design of the buttons, trademarks, logos, graphic design, commercial advertisements, patents, commercial methods, editorial material, printing formats, seek formats, digital downloads, data comply, fonts, software, etc. are exclusive property of Covamex and/or the Suppliers (as defined below) or Covamex has all necessary authorizations or licenses required by law for its use and/or reproduction. User acknowledges and agrees that the partial or total reproduction of the information contained and/or published in the Site, except for its personal use is prohibited. Except for its exclusive personal use, for receiving and formalizing the hired Services, in which case must, at all times, include in all printed materials the copyright statement “© Viajes Covamex S.A. de C.V. All rights reserved”. User shall not understand that it has the right to sale, reproduce, transmit, cease, grant and/or distribute the information without the previous written consent of Covamex.

User shall not use any robot or spider devices, nor any automatic device, program, algorithm or methodology that performs similar functions or procedures, or any manual procedure to monitor or copy any web page, data and/or source code included in this Site in any case and without previous written Covamex’s consent.

User also agrees not to use any device or software that may interfere with the performance of the Site. It is strictly prohibited for the User to publish, post or write in the Site any illegal, threatening, disturbing, injurious, defamatory, obscene, indecent, pornographic material and/or any other material that may incite others to carry out any illegal action and/or that may breach public order and/or go against morals and/or commonly accepted practices.

Covamex reserves its own right to withdraw the license and/or block the access to any User and/or eliminate partially or totally any publication that may consider, at its sole discretion, to be inappropriate or in breach of any right.

Likewise, it is strictly prohibited to the User to exhibit, publish, write, copy and/or transmit in the Site any information that may breach third party rights, limited but not included to: intellectual property rights, author rights, privacy rights, etc. in the understanding that in the event of an infringement of this or any other provision of this Terms and Conditions, the User is obliged to defend Covamex and/or Suppliers (as defined below) of any claim that may arise and takes all responsibility to pay for all costs related with the defense of Covamex and/or the Suppliers with the purpose of fulfilling this defense obligation against the claim of any third party for any reason.

Industrial property and Author Rights. User acknowledges and agrees that:

(i) Covamex’s and Viajes Covamex’s trademarks, nominative or mixed, are registered trademarks or in process of being registered for the exclusive use of Covamex;

(ii) the domains viajescovamex.com and viajescovamex.com.mx are Covamex’s exclusive property;

(iii) the other trademarks, logos, names of domain, commercial advertisements, utility models, commercial methods and/or customer portfolio, texts, photographs, graphics, statements, specific mixture of words, letters, colors or visual or phonetic elements, design of buttons, graphic design works, editorial material, print formats, seek formats, data compilation, software, etc. contained in the Site are exclusive Suppliers’ property (as defined below) and/or Covamex’s property or Covamex has all the necessary authorizations or licenses granted by the corresponding owner and they are protected by law and are considered intellectual property rights and for so they consequently have economic rights and it is expressly prohibited to User to copy, reproduce, publish, transmit, modify, transmit or distribute, partial or totally such rights and the content of this Site without Covamex’s written and previous consent.

User shall not use Covamex’s trademarks or commercial names as part of its domain names. Covamex reserves its right to approve or not the quality in the possible use of its intellectual property or copyrights and reserve its right to notify the User, at any moment, in connection with said possible breach of the Terms and Conditions and/or the illegal use of its intellectual property.

User acknowledges and accepts that, in case of incurring in any inappropriate use of the content and/or industrial property contained in the Site, Covamex will have the right to, at its sole discretion, start all necessary legal procedures to protect its industrial property rights, or, to ask User: (i) to stop using such content; (ii) to stop copying or reproducing, totally or partially, publish, transmit, distribute or modify the use of content and/or intellectual property contained in this Site; or, (iii) to establish a right use of said intellectual and/or intellectual property.

In the event User transmit to Covamex any kind of information, independently of the purpose, photographs, images, apps, programs, software and/or material of any nature that require to be licensed, it will be considered that User expressly grants to Covamex a permanent license, universal, free, non exclusive and free of royalties, including the right to sale, sublicense, distribute, reproduce, transmit and/or to create artistic works since them or exhibit such. User expressly waive its right to claim or to take any action, in general against Covamex and/or its Suppliers (as such term is defined herein below).

Covamex will not be consider to be responsible nor have any obligation for the content transmitted and/or published by the User.

Purpose of the Site. User acknowledges and accepts that the purpose of the Site is to facilitate the intermediation that will exist between Covamex, User and the different Suppliers of touristic services published in the Site, in spite off them being, individuals or companies that provide directly or indirectly such services (hereinafter and jointly “Suppliers”).

Through such intermediation, Covamex will make available to User, in exchange for the payment of the corresponding rates and in accordance with this Terms and Conditions, different touristic services (hereinafter referred as the “Services”), including but not limited to, reservation of ground transportation (car or motorbike rental, campers, train tickets, bicycle tours, city tours, four-wheelers tours, airport-hotel-airport transfers, taxi, etc.) air transport (airplane tickets and/or helicopter of small planes tours) and nautical transport (cruises, rentals yatch and boat rides); lodging reservations (hotel rooms, chalets, bungalows, apartments and/or lease of houses, camping’s and/or trailer parks) and tours’ reservations, tickets to any kind of venues or shows (fights, cinema premieres, teather, opera, ballet, symphonic, etc), museums tickets, concerts, amusements parks, exhibitions, fairs, culinary events, curses, symposiums, race cars, horse races, zoos, aquariums, ecological reserves, insectariums, sports tournaments (Olympic games, football games, baseball games, softball games, hockey games, polo games, basket ball games, soccer games, tennis, golf, boxing, etc); reservation for travel packages, among others.

User acknowledges and accepts that because Covamex is acting as a service intermediary, as soon as Covamex confirms to the User that the reservations have confirmed through the Site, including all of its applicable details, its service will be considered to have been rendered and finished, and that the hired Services will be performed or delivered by the corresponding Suppliers. Notwithstanding the above, the duties of the User will remain in force.

Specific obligations of the User regarding the Services and/or the Suppliers. User agrees to be obliged herein to the following:

1. To be bound to the terms and conditions of the corresponding Supplier that it is hired through the Site by User. User acknowledges that Covavex does not have any responsibility in said regard and for that reason User expressly releases Covamex of any duty therefor.

2. In connection with Services provided abroad by Suppliers, User must fulfill all migratory requirements of the corresponding country, including but not limited to visas, passports, taxes, migratory forms, sanitary permits, etc.

3. In connection with trips within Mexico, User must be at the hired airline airport check in desk at the corresponding airport, 2 (two) hours ahead of its scheduled flight in order to check in.

4. In connection with trips abroad, User must be at the hired airline’s airport desk at the corresponding airport, with 3 (three) hours ahead of its scheduled flight in order to check in.

5. It is User’s obligation to appear before the hired Supplier with the necessary documents to duly identity itself as a user of the Service and in possession of the credit card used to make the corresponding reservation and/or the payment for the Service.

6. User must pay the Service’s rates in the terms and conditions stipulated in each case on the Site.

Release of Responsibility. User acknowledges and accepts that under no circumstances and at no time Covamex will be responsible for the following events:

1. For any “virus” or “electronic worm” that could affect your computer, cellular, tablet, USB, and/or any other current storage device or software or used in the future, to access and/or use the Site or for the download of any text, image, photograph, phonetic element, visual element, etc.

2. For injuries and damages, claims, special punitive damages, direct or indirect, incidental and/or consequential, for negligence or illicit acts that could arise as a consequence of the use or content of the Site, any failure or default of the system or technological platform of the Site, including but not limited to the non-functioning of the Site as a result of a fault in its technological platform, the lack of payment in its domain, its non-functioning as a result of any joint venture, merge, alliance, reorganization, dissolution or liquidation, among others.

3. For any breach by the Suppliers, and regarding the veracity of its information, photographic content, clients’ opinions, location accuracy, etc. the updating or lack of updating of the information contained in the Site.

4. For the Suppliers’ economic status which Covamex will not be responsible nor jointly nor severally in connection with any reimbursement, credit, coupon that User may wish to request from such Supplier. In the event of any breach User shall demand reimbursement directly to such Supplier.

5. For the opinions, assessments, assertions and/or publications, descriptions, comments or suggestions made on the Site by other users or suppliers.

6. For the real stars category provided to/by hired hotels; the category of the hired Services; the certifications of Suppliers; and/or, the diamonds category of the reserved restaurants, because Suppliers are the only ones who provide such information.

7. For the description of the Services their schedules, duration, distance, location, places of interest, etc.

8. For User’s loss, theft, identity theft, personal documentation or travel documentation theft including the User’s luggage.

9. For any fault, modification or breach in the time and/or the conditions of the hired Services due to an incidental event or force majeure, including but not limited to: hurricanes, tsunamis, earthquakes, volcanic eruptions, droughts, terrorists attacks, wars, strikes, riots, border closings, etc.

10. For the terms, recommendations, hiring or cancel conditions, as well as general conditions of every Supplier included on the Site.

11. For any accident, incapacity partial or total, disability, theft, kidnaping, sinister, damage or attack that the User may suffer, directly or indirectly, including death during the provision of the Service or in route.

12. For any crime or illegal action that the User and/or any of its companions should commit against any Supplier and/or abroad or in route and/or regarding any of the Services.

13. For the veracity of the information provided by the User for the hiring of the Services, including its legal and economic capacity, its identity and/or its legal, physical status or mental state.

Notwithstanding all the above, Covamex may, at its sole discretion, help User by facilitating him/her Supplier’s contact information and/or address in order for him/her to submit the corresponding claim.

Claim’s Procedure. Once excluded all the causes described herein in this Terms and Conditions, if the User would have any claim to submit against Covamex, in connection with the Site and/or the Services published on it, User shall proceed as follows:

1. To submit a writ, via electronic communication to the following address reclamaciones@viajescovamex.com, explaining all the facts of the claim and the settlement proposed within 15 (fifteen) days after the breach event;

2. Covamex will analyze whether the User’s claim is applicable or not. In the event that Covamex finds the claim to be applicable, it will notify User via electronic communication to the same address used by User to send the claim within 30 (thirty) days after the date the claim was originally submitted. The lack of response on part of Covamex shall be construed as if Covamex considered that particular claim to be inapplicable.

3. For the settlement of disputes in connection with lodging reservations in which as a consequence of Supplier causes or because of System’s failures the Service will not be able to be reserved and/or even though reserved it can not be provided, the User will be informed of such situation, notifying him the substitution of its Service for any of same or better conditions for him/her to confirm if he/she is in agreement or not with the proposed Service and price for the substitute Service of if Covamex shall proceed to the cancelation of the reservation. User must express its agreement or refusal, within 48 (forty eight) hours after Covamex and/or Supplier sent, via electronic communication, the corresponding notification regarding such situation. The above in the understanding that the lack of User’s agreement of refusal on time shall be construed as a tacit acceptance of the proposed Service and User shall comply with the corresponding cancellation policies.

Define "U.S. Citizens" / Cuba. User acknowledges and agrees that in the event of being a citizen of the United States of America or having a participation in any controlled company or under the ownership of an entity of said country and by virtue of that it is applicable to the User the program administered by The Cuban Assets Control Regulations ("CACR"), and under rule 31 CFR § 515 is prohibited for him/her to acquire tourist services to Cuba, in case of acquiring any tourist service to Cuba from those offered in this Site, expressly states that it is responsible for having all the requirements set forth in said rule and/or any other law, norm or regulation that may be applicable and/or that the Government of the United States of America may establish and/or the Department of Treasury's Office of Foreign Assets Controls ("OFAC").

Review of the transmissions. User acknowledges and accepts that Covamex constantly monitors and reviews the information transmitted or received though the Site and for that reason it reserves its right to censure, edit, delete and/or prohibit, the reception and/or transmission of any information that Covamex considers to be inappropriate o that breaches this Terms and Conditions. Covamex makes the User aware that for the purposes described above and during monitoring, it will examinate, record or copy the information and User expressly agrees to such monitoring and/or reviewing.

Invoices. Covamex may issue invoices for the hired Services when User requires, for that purpose User should ask Covamex, via electronic communication, for the corresponding invoice to the following address facturacion@viajescovamex.com, within the calendar month by which User hired the corresponding Service. For the issuance of the invoice, User must provide the following data: reservation number, User’s name, federal taxpayer registry number, address, zip code, fees and/or rates paid, etc.

Links. The Site contained direct links to other web pages, which are only for the convenience of the User and its ownership corresponds to the Suppliers. Covamex will not be responsible for the content nor the functioning of any other web page and It will not be understood as legal representative of such suppliers so it does not guarantees the truth nor the legality of the contents of any other web page and User accepts that accessing and/or using other web pages is carried out under his/her own responsibility.

Social Media. Site contains various direct links to is different social media and/or social pages, including but not limited, Facebook with user name: Viajes Covamex, Twitter with user name: @ViajesCovamex, You Tube with user name Viajes Covamex, Instagram with user name: viajescovamex and Google+ with user name: Viajes Covamex. All the referred accounts are Covamex’s property and are directly operated by Covamex and User acknowledges and agrees that such pages are exclusively for Covamex’s informational use and social diffusion and Covamex shall not be considered responsible of the content, information, publications of third parties, comments, photographs, visual and/or phonetic material, hashtags contents, or for any material that User may publish and/or share in such social media.

Weather. This Site provides User in a free and referential way, information and update of the weather; notwithstanding the above, User acknowledges and accepts that Covamex only publishes this for information purposes and for that reason it is not responsible for any inconsistency or climate change that may arise and User will not be able to claim, or ask for any reimbursement, credit, amendment and/or cancelation by virtue and/or in connection with the weather conditions of any of the destinations and/or Services offered through the Site.

Maps. This Site provides User a direct link to maps (google maps) only and exclusively for information and referential purposes. User acknowledges and accepts that the information shown in such maps, including but not limited to coordinates, states’ names, cities, places, highways’ numbers, distances, etc. is information made available to the public and/or published by Google and Covamex shall not be considered to be responsible nor will be obliged for the veracity of it at any time. User accepts that by accessing to such link he/she made it in accordance with the terms and conditions established by Google.

Termination. Covamex may terminate this Terms and Conditions and/or the relationship that keeps with any or all of the Suppliers and/or any of the Services included on the Site, in any moment and without any previous notice to User without any responsibility.

Cease. Covamex will, if consider convenient in any moment, cease totally o partially the rights and obligations derived from these Terms and Conditions, User will not be able to cease, subcontract or delegate its duties and obligations.

Headers. Headers of the clauses contained in these Terms and Conditions are solely to facilitate its identification and reference and, in any moment, must be used to interpret any stipulation.

Contractual Settlement. These Terms and Conditions contain the total agreement of the Parties and leave without any effect any other negotiation, agreement, obligation and/or communication between them, whether oral or written.

Rights Waiver. User acknowledges and accepts that Covamex’s rights contained in these Terms and Conditions supersede in every moment, and the Non-exercise of action by Covamex will not be considered, in any moment as a waiver of such rights.

Severability. The partial nullity of these Terms and Conditions, provided that said nullity does not affect the essential elements of the same and may remain therefore in force, does not affect the validity of any other provision contained herein.

Legislation and Jurisdiction. These Terms and Conditions and any controversy that may arise between Covamex and User will be governed by the applicable laws in Mexico City, Mexico and User consents to submit to the competent courts of said jurisdiction, so both parties waive their right to any other jurisdiction that may correspond to them because of their present of future address or because any other circumstances.