THIS IS AN IMPORTANT AND LEGALLY BINDING DOCUMENT. PLEASE READ THIS DOCUMENT CAREFULLY AND IN ITS ENTIRETY.
We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, you will be required to accept the modified Terms in order to continue to use the Digital Platforms. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Except as expressly permitted by this paragraph, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
1. General Terms
Before you book an excursion, activity, hotel, package, transportation, roundtrip, attraction or ticket (hereinafter the ‘service’) via www.latarifa.com website it is important to us that you understand what you are booking before you commit. We have set out everything you need to know below, so that you know are sure what you are booking, if questions are raised to your concern, please communicate with us.
When we talk about ’we ’, ’us ’, The Company, etc., we mean OPERADORA TURISTICA LA TARIFA S.A.S. DE C.V. (Registered Office address in Mallorca Avenue, Mz 31 Lt 77 Cancun, Mexico, Tax Code and VAT no. OTT210129P57).
Our Agreement is governed by Mexican law. Should there be a claim or conflict between us, we hereby submit and consent, expressly renouncing to any other jurisdiction, to the Courts of Law of your place of residence.
We have taken all reasonable care to make sure that the Excursions advertised by us are provided by efficient and reputable businesses. These businesses follow local standards and requirements.
You are given the ability to obtain excursion, activity, hotel, package, transportation, roundtrip, attractions and ticket services, subject to the acceptance of the Booking Terms and Conditions displayed on the website, in accordance to the prices, rates and conditions of cancellation displayed at the moment of booking. The website will guide you through the booking procedure.
2. Mobile Network
When you access the Digital Platforms through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using certain Digital Platforms may be prohibited or restricted by your network provider and not all Digital Platforms may work with your network provider or device.
3. Changes to the Digital Platforms
We reserve the right to withdraw or amend the Digital Platforms and any material we provide on the Digital Platforms, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of Digital Platforms is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Digital Platforms, or all Digital Platforms, to users, including registered users.
You are responsible for making all arrangements necessary for you to have access to the Digital Platforms (including but not limited to obtaining any necessary hardware and operating system software, or any internet connectivity that may be required to access the Digital Platforms).
4. Before Booking a Service
We have a robust team doing our best to provide you as much about our services as soon as possible before your holiday. Please take the time to read the Service information that is on the Digital Platforms, so that you book a Service that is suitable for you.
Unfortunately, we sell so many great Excursions that we cannot always keep track of changes to how they run. If you find anything that is not completely accurate in our information, please tell us as soon as possible.
It is important that you (and your party):
- I. Ensure that the booking details that you provide to us are accurate;
- II. Update us of any subsequent changes that you need to make to your booking;
- III. Check that you have suitable and valid insurance for you and your party that will include cover for the Services(s) booked and that you declare any material facts including known medical conditions to your insurers;
- IV. abide by any terms and conditions, or restrictions, that the Service provider may impose, whether based on age, health, weight and/or height, level of fitness, or otherwise;
- V. read the Service information carefully for details of any necessary previous experience, requirements and/or ability levels;
- VI. understand that some Services carry an element of risk and it is your responsibility to ensure that the Service is suitable for you and/or your party;
- VII. ensure that any person who is under 18 years old at the time of taking the Service will be accompanied by an adult.
- VIII. Some Services as excursions, roundtrips, activities group sizes may vary from 1 to 99 participants. (excluding theme parks that can have a larger capacity).
Persons with Reduced Mobility
If the Excursion you choose does not expressly indicate that it is suitable for people with reduced mobility, then it is not suitable.
5. Force Majeure
Rarely, we may be forced to change or terminate your Service booking due to unforeseen major events known as force majeure. This means any major event, which we or the provider of the Services(s) in question, could not even with all due care, foresee or avoid and that were beyond our reasonable control. Such events may include political disputes, acts of war, threat of war, riots, civil disturbances, terrorist activity (actual or threatened) and its consequences, border closures, industrial action and/or disputes (actual or threatened), technical problems with machinery, transport or equipment, government intervention, natural and nuclear disasters, fire, epidemics, health risks and pandemics, closed or congested airports, or explosion or extreme weather (including hurricanes) and any other similar events.
Changes or termination of your contract due to force majeure are extremely unlikely. If, however, such major events do occur, we shall refund your Excursion in full.
We will of course do our best to offer you support as our valued customer where we can in these circumstances.
6. Location Based Services
Some of the features of the Digital Platforms may enable the Company to access your location in order to tailor your experience with the Digital Platform(s) based on your location ("Location-based Services"). In order to use certain Location-based Services, you must enable certain features of your hardware (e.g., your mobile phone), which enable the Company to identify your location through a variety of means, which may include IP address, cell tower location, geo-fencing technology, or detection by physical on-location Wi-Fi or Bluetooth sensors, as available. If you choose to disable any Location-based Services on your device, you may not be able to utilize certain features of the Digital Platforms. By enabling Location-based Services, you agree and acknowledge that: (i) device data we collect from you is directly relevant to your use of the Digital Platforms; (ii) we may provide Location-based Services related to and based on your then-current location; and (iii) we may use any such information collected in connection with provision of the Digital Platforms.
7. Grant to You of a Limited License
The Digital Platforms and their entire contents features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Unless otherwise expressly noted, nothing that you read or see on any Company Digital Platforms may be copied or used except as provided in these Terms and Conditions of Use or with the prior written approval of The Company
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Digital Platforms, except as follows:
- ○ Your computer hardware or mobile device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
- ○ You may store files that are automatically cached by your web browser for display enhancement purposes;
- ○ You may print or download one copy of a reasonable number of pages of the Digital Platforms for your own personal, non-commercial use and not for further reproduction, publication or distribution; and
This grant of permission is not a transfer of title, and under this permission you may not:
- ○ Modify copies of any materials from the Digital Platforms;
- ○ Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text;
- ○ Use the materials for any commercial purpose, or for any public display (commercial or noncommercial);
- ○ Remove any copyright or other proprietary notations from the materials; or
- ○ Transfer the materials to another person or "mirror" the materials on any other server.
We make no warranties or representations to you that your use of any materials displayed on a Company Digital Platforms will not infringe the rights of third parties.
8. Open Source Software
The Digital Platforms may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute such components (“Open Source Components”). Although the Digital Platforms are provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining such Open Source Components under the applicable third-party licenses or to limit your use of such Open Source Components thereunder.
9. Term, Termination of this Agreement
a) Term: These Terms are effective beginning when you accept the Terms or download, install, access or use the Digital Platforms.
b) Termination: If you violate any provision of these Terms, your account and these Terms automatically terminate. In addition, the Company may, at its sole discretion, terminate these Terms or your account on the Digital Platforms, or suspend or terminate your access to the Digital Platforms at any time for any reason or no reason, with or without notice. You may terminate these Terms at any time by contacting customer service call center. If you terminate these Terms, the Company reserves the right to terminate your account.
c) Effect of Termination: Upon termination of these Terms: (i) your license rights will terminate and you must immediately cease all use of the Digital Platforms; and (ii) you will no longer have access to your account.
If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Digital Platforms (“Feedback”), then you hereby grant the Company an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Digital Platforms and create other products and services.
Unless otherwise expressly noted, all materials, including images, illustrations, designs, icons, and photographs appearing anywhere on the Digital Platforms are protected by worldwide copyright laws and treaty provisions.
None of the materials may be copied, reproduced, displayed, modified, published, uploaded, posted, transmitted or distributed in any form or by any means other than as described in the Linking Policy section or with the Company’s prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on the Digital Platforms may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
The Company’s name(s), the Company’s logo(s) and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Digital Platforms are the trademarks of their respective owners.
No license or right is granted by implication, estoppel or any other means to use any Trademark appearing on the Digital Platforms.
Any use of the Company’s Trademark or linking the Digital Platforms must follow the terms set out in the Linking Policy section. If you are unsure whether a trademark, service mark, logo or graphic is the property of the Company, or if you have any questions about the use of the Company’s Trademarks, please contact us. The Company aggressively enforces its intellectual property rights and will actively seek the recovery of any fees, costs and damages it may incur preventing the misuse or misappropriation of its intellectual property.
13. Linking Policy for Travel Agents
The Company encourages links to its Digital Platforms. Any such links to Digital Platforms must comply this Linking Policy.
Unless the Company provides the travel agent with prior authorization, in writing, any link to Digital Platforms must use or include a Company trademark. The Company grants travel agents a limited license to use these logos for the specific purpose of creating and use such a link, but this limited license does not transfer title in any trademark(s). The Company trademark(s) may only be used as an active link to the appropriate Digital Platforms.
Travel agents may not use the Company trademark(s) to imply that any portion of the Company has sponsored or endorsed a travel agent Digital Platforms without receiving the prior written permission of the Company.
Further, travel agents may not alter Company trademark(s) in any way, including proportions or colours, and may not animate or morph the Company trademark(s) to change their appearance.
Travel agents may also not use the Company trademark(s) on any Digital Platforms which, in the Company's sole discretion, disparages the Company or its affiliates, or their respective products or services.
Company trademark(s) may only be used on Digital Platforms which, in the Company's sole discretion, make accurate references to the Company and its products and/or services. The Company trademark(s) must be placed on the same page as the reference to the Company and as close to any such reference as feasible.
Any link to a Company Digital Platforms must only be to that site's home page. No "deep linking" to other pages on a Company Digital Platforms is permitted without the Company's prior written consent.
The Company may, in its sole discretion, terminate a travel agent’s right to use Company trademark(s) at any time. The Company may take action against any use of the Company trademark(s) that does not conform to these policies or that infringes any right held by the Company and will actively seek the recovery of any costs it may incur preventing any such misuse or damages that may result from such misuse.
We reserve the right to refuse or cancel any order prior to delivery. Some situations that may result in your order being cancelled include system or typographical errors, inaccuracies in product or pricing information or product availability, fairness among customers where supplies are limited, or problems identified by our credit or fraud departments. We also may require additional verification or information before accepting an order. We will contact you if any portion of your order is cancelled or if additional information is required to accept your order.
When you provide payment information in connection with a purchase on the Digital Platforms, you represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes to the payment information.
We may revise the pricing for products and services we offer. When you place your order, we may estimate the tax and include that estimate in the total for your convenience. The actual tax amount that will be applied to your order and charged to your payment method may differ from the estimate provided.
15. Disclaimers; No Warranties
The Company has used reasonable efforts in collecting, preparing and providing quality information and material, but does not warrant or guarantee the accuracy, completeness, adequacy or currency of the information contained in or linked to the Digital Platforms. We assume no liability or responsibility for any errors or omissions in the content of any Company Digital Platforms. The Company is not responsible for pricing, typographical, or other errors and reserves the right to cancel without liability any bookings made at erroneous rates.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, Company DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (I) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (II) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. TO THE FULLEST EXTENT PERMITTED BY LAW, Company DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF OR THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE DIGITAL PLATFORMS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY COMPANY DIGITAL PLATFORMS OR THE SERVER(S) THAT MAKES THE DIGITAL PLATFORMS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR Company ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE Company ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE, AND ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE(S) USED IN CONNECTION WITH THE SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF THE MATERIALS OR CONTENT.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION.
16. Limitation on Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE Company ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY Company ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE Company ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You are responsible for your use of the Digital Platforms, and, to the fullest extent permitted by law, you will defend and indemnify the Company and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Company Entities”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs (“Claims”) brought by a third party arising out of or connected with: (a) your use of, or misuse of, the Digital Platforms not in compliance with these Terms; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defence of those Claims.
18. Consent to Electronic Communications
19. Waiver and Severability
No waiver of by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
20. Entire Agreement