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SERVICES CONTRACT
Welcome to our terms and conditions, terms and conditions are important and have an impact on your legal rights, that is why we recommend you to read them carefully as well as our privacy notice.
Please read carefully our contract, which includes important information about the services that we provide, including information about future changes in the contract, waiver of class action and in case of dispute the submission to Arbitration instead of a Court.
It will be requested that you confirm you have read and understood the contract, that you accept and observe it, if you do not agree with the contract, or you are not able to comply it, please leave the page.
CHANGE IN THE CONTRACT Occasionally and under our consideration, we may perform changes in the agreements stated in this contract; For the case these are important changes we will be informing you in a timely manner according to the circumstances, through a warning or we will send you an e mail; In some cases we will notify you in advance and your continual use of the services once the changes have been introduced will become your acceptance of the changes, that is why be sure to read the notice carefully and if you do not want to receive our services you must contact us through a form in contact customer service. All the registered trademarks from KETZALTOUR, S.A DE C.V. as well as the logo, and any other feature are exclusive property of KETZALTOUR, S.A DE C.V. and its licensors, that is why this contract doesn’t grant any right to use the features of the trademark or logo for commercial or not commercial purposes, that is why accepts not using them without express authorization. THE PARTIES KETZALTOUR, S.A. DE C.V., WHOM HEREAFTER FOR THE PURPOSES OF THIS CONTRACT WILL BE NAMED “THE AGENCY”, AND THE OTHER YOURSELF WHO HEREAFTER WILL BE NAMED “THE CLIENT”. That KETZALTOUR, S.A. DE C.V. is a Mercantile Society legally established pursuant to the laws from the United Mexican States, has its address in the Street of Matías Romero, número 425 Planta alta, Colonia del Valle, Código Postal 03100, Delegación Benito Juárez, in Mexico City, which is mentioned for all the legal purposes that are admissible. The Corporate Purpose of KETZALTOUR, S.A. DE C.V., consists in the: execution of any and all the activities related with the national and international tourism industry, as well as, in general, the execution of any activity related with the corporate purposes of this legal entity, including those concerning agents, brokers, representatives, intermediaries from other tourism agencies, hotels, restaurants and entertainment centers; Planning, sales and organization of all kind of excursions and pleasure or business trips within and outside the Mexican Republic, as well as the promotion of sales and products with commercial and mercantile facilities; The provision of all kind of national and international tourism services, performing the promotion through all the legal and possible means for the mentioned
national and foreign tourism; The manufacture, import, export, purchase and sale of all kinds of materials and machinery that are necessary for such services; Purchase, sale, levy, lease, acquisition and dispose in any legal way, of all the personal property and real estate necessary to perform the social purposes, provided that in case of the acquisition of any stake in real estate the society gets the corresponding permissions from the Federal Government of the Mexican Republic as it is required by the Laws that rule the matter; To serve as intermediaries between the tourists and the transportation services providers of any kind in whatever terms there are in the Laws and regulations in force; to Book rooms and other related services for the tourists, providing them the supporting document and corresponding coupon,
to provide the tourists reservation services and acquisition of tickets for shows and tourist attractions sites, to serve as intermediaries between other tourist services providers and other travel agencies, to provide free tourism information services and issue advertising material of that nature; To perform, provide and receive technical assistance, advice and professional inquiries, both within as well as outside the national territory, both through themselves or through natural persons or duly authorized legal entities and prepared by themselves. KETZALTOUR, S.A. DE C.V., is registered in the Federal Taxpayer Registration with the Federal Taxpayer Identification Number KET-970625-ME2. KETZALTOUR, S.A. DE C.V., has Tourism Registrations, National Num. 35090140004, Mexico City Num. 09-KET-970625-ME2-575, Registrations in Economy IMMEX Num.2006/1063, ECEX Num. 475-2007, ALTEX Num. 2006-6081. KETZALTOUR, S.A. DE C.V., has the facilities, own resources, technical resources and the qualified staff to fulfill its duties according to what has been established in this contract To attend enquiries, clarifications, complaints or to provide counselling services, establishes the address located in Matias Romero 425 PA, Del Valle, CP 03100, Benito Juarez, CDMX , telephone +52 (55) 5553-4242 and e mail info@ketzaltour.com.mx, with an attention schedule of 8:00 hours to 18:00 hours. These services will be provided for free. “THE AGENCY” Informed “THE CLIENT” about the prices, tariffs, conditions, features and total cost, of the tourism services object of this Contract. “THE CLIENT” that: its address is located in______________________________________which establishes as address for all the legal purposes of this Contract. address for all the legal purposes of this Contract.Its e mail is ________________________. CONSENT The parties by mutual agreement declare their will to celebrate this Contract whose legal nature is the mediation for the export of accommodations, meals and transportation tourism services. OBJECT The object of this Contract is that “THE AGENCY” mediates, contracts or offers the mediation for the export of accommodations, meals and transportation tourism services, which are detailed in the Appendix of this contract, previous payment from “THE CLIENT” of a certain and given price. SERVICE PRICE The parties declare their approval in that the total price to be paid by “THE CLIENT” as compensation for the tourism service, is the amount that is marked for each concept in the Appendix of this Contract, amount that has to be paid free from any commission or surcharge that the banks perform for the concept of payment category. The amount established in the Appendix, foresees all the amounts and concepts concerning the Tourism Service, which is why “THE AGENCY” is forced to respect at every moment the mentioned cost without having to charge other amount or conditioning the provision of the tourism service contracted when purchasing other service not required by “THE CLIENT”. “THE CLIENT” will perform the payments agreed for the tourism service marked in the Appendix of this Contract in the terms and conditions agreed. APPENDIX In any case, “THE AGENCY” is forced to issue to “THE CLIENT” the corresponding bill, restaurant receipts or fiscal document that covers the charges done from the provision of the tourism service according to the corresponding legislation. OBLIGATIONS OF THE PARTIES “THE AGENCY” is forced to: Comply with what is established in this Contract. When making hotel, car or other services reservations, must deliver “THE CLIENT” or passenger the proof of the reservation and the number or code provided by the final services provider. To request the tourism services specified in the Appendix of this Contract on behalf of “THE CLIENT” according to the availability of the same, to contract them working as a mediator between this and the people in charge of the direct provision of the tourism service. To provide the passenger plane tickets, bus, train or railway tickets, car, ship or cruise rentals (when these are provided by the transportation company), or being the case it will indicate the passenger the place where he/she will collect the tickets. To assist “THE CLIENT” in getting the services that will resolve an emergency or, if it is the case the return transfer when the tourism service is not provided according with what has been agreed upon this Contract and according to the offering. Aid “THE CLIENT” to claim in the presence of the final service provider, (hotels, restaurants, transportation companies, airlines etc.) the corresponding reimbursements and compensations, for which it is necessary that the passenger report to the final service provider immediately upon notice of the possible irregularity and give notice during the stay in the country in which the service is provided to the “THE AGENCY” at the emergency telephones provided in the coupon books that are given at the beginning of the trip, so in case the report is not made immediately “THE AGENCY refuses any liability; With the understanding that “THE AGENCY” is not responsible for any delay, loss or accident that happens in or due to the hotel, restaurant, airline or transportation company, as well as natural disasters (including subsequent or incidental damages and losses). To indemnify “THE CLIENT” in case that the tourism Service is not provided due to causes accountable to “THE AGENCY”, for which the amounts that “THE CLIENT” has paid must be reinstated, as well as the payment of the corresponding transfer plus the payment of the conventional penalty stated in this Contract of the total amount of the service that has not been provided, or if it is the case at the “THE CLIENT” choice, must provide immediately the services with the same specifications that were agreed in this Contract plus the payment of the conventional penalty. “THE CLIENT” IS FORCED TO: Comply with what has been established in this Contract. Provide “THE AGENCY” truthful and correct data about its age, sex, surname or last name and if it is the case, the data of the people accompanying him/her. The data and information must be provided completely to create the schedule and the booking of land and air services (hotels, visits, car rentals, bus, airplane, restaurants).
Make the payments according to what has been agreed in this Contract.Respect the regulations, rules or conditions established by each one of the tourism Service providers for each tourism service hired through the mediation of “THE AGENCY”.
To deliver in a timely manner the documents requested by “THE AGENCY” which are necessary for the service provision, such as: passport visa, permits, vaccination schedules, etc.
Aid “THE CLIENT” to claim in the presence of the final service provider, (hotels, restaurants, transportation companies, airlines etc.) the corresponding reimbursements and compensations, for which it is necessary that the passenger report to the final service provider immediately upon notice of the possible irregularity and give notice during the stay in the country in which the service is provided to the “THE AGENCY” at the emergency telephones provided in the coupon books that are given at the beginning of the trip, so in case the report is not made immediately “THE AGENCY refuses any liability; With the understanding that “THE AGENCY” is not responsible for any delay, loss or accident that happens in or due to the hotel, restaurant, airline or transportation company, as well as natural disasters (including subsequent or incidental damages and losses).
FORCE
The force of this Contract will be for indefinite time while the tourism Service is provided and the payment obligations have been covered, time in which this Contract will take effect in all its legal purpose.
ACTS OF GOD AND FORCE MAJEURE
We understand an act of God or force majeure cause, those events or occurrences external to the will of the parties, if and when those events or occurrences are unpredictable, irresistible, unsurpassable, present and does not come from some negligence or provocation from any of the parties. Illnesses of any kind that any of The parties present will not apply as acts of God.
When the tourism Service is not provided due to an act of God o force majeure, “THE CLIENT” will have right to the total return of the payments performed. In case the tourism Service has been partially provided, “THE CLIENT” will only have right to receive a reimbursement for the proportional part of the service provided, for which, the reimbursement will not be for less than the third part of the total cost of the tourism Service.
The parties agree that if due to force majeure or act of God, the providers of hired services may not provide them partially or totally, “THE AGENCY” only manages on behalf of “THE CLIENT” the reimbursement of the appropriate amount, remaining relieved from any liability or compromise.
CHANGES OF SERVICE ORDER WITH AUTHORIZATION FROM “THE CLIENT”
“THE AGENCY” may modify the order of the tourism Services indicated in this Contract, for a better development of the same or due to the causes that justify it that way, if and when the amount and quality of the tourism Services that have been hired is respected. This will be with authorization through any communication media of “THE CLIENT”, whichever is the cause, same which must be proven.
“THE CLIENT” may not make changes in dates, routes, or services, without previous authorization from “THE AGENCY”, in case those changes have a cost, it will be specified in the appendix to this Contract.
CANCELLATION
TOURISM SERVICES CANCELLATION (ACCOMODATION, MEALS, TRANSFERS OR TOURS)
The cancellations must be requested through e mail to the same contact from which the confirmation of the service has been received and "THE AGENCY" will answer in a lapse not longer than 24 hours since the cancellation has been received on labor days.
The cancellation policies differ according to each contracted service, that is why each request will appear with the labor days of anticipation in which a free of charge cancellation may proceed.
In case of confirmed shared land services the cancellation must be received with at least 72 hours of anticipation to the arrival date; in case of private services the policy specified by each supplier will apply.
Cancellations done outside the limit date marked on the service confirmation will apply the charge stipulated by the supplier.
"THE AGENCY" may cancel without responsibility for the same in the following cases:
1) Not receiving the payment on time.
2) Due to an accident or casualty in the premises of the service provider.
3) Due to acts of nature
In the causes 2 and 3 THE "AGENCY" will help THE CLIENT to get the services to solve his/her emergency, and if it is the case contribute with THE CLIENT to demand from the direct supplier of the service the corresponding reimbursements, compensations and service substitutions, mediating only in this procedure.
CONVENTIONAL PENALTY
In case of noncompliance of the obligations that are subject of this Contract by any of the parties, the offending Party will be creditor of the conventional penalty equivalent to _________% (__________ per cent) of the total price of the tourism Service without including the Added Value Tax (IVA).
This sanction is stipulated due to the simple delay in the compliance of the obligations and that the provision of the tourism Service has not been provided according to what has been established in this Contract, without damaging the right The parties have to choose between demanding the Contract compliance or its recision. In case of noncompliance “THE AGENCY”, independently of this last must cover what has been established in this Contract.
In case the parties require the payment of the conventional Penalty for any of the assumptions established, these must request to the e mail_______or through written notice at the address of the offending party, about the payment of those penalties, being the offending party the one to pay those penalties at ____ (________) labor days following the reception of that request.
RESERVATIONS AND PAYMENTS
All reservations require a un deposit “THE AGENCY” will indicate which must be paid in National currency, without undermining of making it in foreign currency at the exchange rate issued in the Official Journal of the Federation on the day the payment is done, this last to guarantee the air space and request land services; once all the services are confirmed the final total payment must be covered by THE CLIENT.
PRIVACY NOTICE
Previous acceptance of this Contract and to fulfill what has been stated in the Federal Law on Protection of Personal Data held by Private Parties, “THE AGENCY” made known to THE CLIENT and passenger our privacy notice, as well as the procedure to execute the access rights, rectification, cancellation and opposition to the treatment of its personal data (as follows, “ARCO” rights).
PRIVACY NOTICE
Authorization with marketing or advertising purposes. - THE CLIENT Accepts ( ) Does not accept ( ) that “THE AGENCY” grants o transmits to third parties, with marketing or advertising purposes, the information provided as a result of this Contract and Accepts ( ) Does not accept ( ) that “THE AGENCY” sends it advertising about property and services.
APPLICABLE LAW, OBLIGATORY ARBITRATION AND JURISDICTION
Any dispute or contract claim que arises due to this contract or related to it will be subject to the laws in force in the United Mexican States, especially in Mexico City, without considering the private international law principles.
Besides you and KETZALTOUR, S.A DE C.V. accept Mexico City’s jurisdiction of the Courts for any dispute or contract claim que arises due to this contract or related to it which will be in an exclusive manner, this means that no other Court from other country may know, or preside the matter.
You and KETZALTOUR, S.A DE C.V. agree in its case to start a demand of one against the other only at personal capacity, not as complainant or collective petitioner, in any class action or representation demand, none arbitrator, not judge may accumulate more than one claim presented by a person or not preside over any class action or representation demand.
You and KETZALTOUR, S.A DE C.V. may start an Arbitral process for any dispute or contractual claim that arises for this contract or in relation to this which will be in an exclusive manner, which is there is an agreement to submit to an Arbitral process before Mexico City’s National Chamber of Commerce, upon agreement with its Regulation in force at the moment of the Arbitration start withdrawing in an express manner to the regional code of laws of their respective countries, present or future addresses, the language of all the arbitrations will be in Spanish, unless a disposition forces the contrary.
El claimant must preserve the confidentiality of all the documentation and information spread during the Arbitration and it may not be used for other purposes that those of the arbitration and must not be disclosed to other people, for those purposes or according to what the law in force demands, nor you nor KETZALTOUR, S.A DE C.V. may perform advertisements or public comments nor talk about the Arbitration that includes mentioning the fact that the parties have a dispute , the existence of arbitration or any decision or ruling from the arbitrator.
If it is determined that the withdrawal from class action lacks executive force or if it is determined that any part of the Contract is not valid or lacks force, it will be considered null or invalid and if it is the case the parties agree that the only and exclusive jurisdiction and authority will be that of the United Mexican States and specially that from Mexico City.
ANTI-CORRUPTION.
The parties are forced not to request each other or request third parties actions or omissions that may violate or violate legal or ethical provisions for the execution of this Contract, that is why, all the time the parties must govern themselves with the strictest standards of legality and ethics to comply with the purpose of this contract, including without limiting the laws derived from the National Anti-Corruption System and those of other applicable jurisdictions.
The parties state that during the negotiations and for the execution of this contract, they have governed themselves in compliance with the Rules of Conduct against extortion and bribery issued by the International Chamber of Commerce and that they commit to act accordingly during the execution of this contract with their counterparts and third parties..
MONEY LAUNDERING.
In this act, THE CLIENT, expresses under oath to tell the truth that the economic resources delivered to THE AGENCY, on the occasion of the intermediation, contracting or mediation offering for the export of tourist lodging, meals and transportation services, derived from this contract, are of legal origin, that is why from this moment it commits to remove THE AGENCY peacfully and safely from any conflict related with the Federal Law for the Prevention and Identification of Operations with Resources of Illicit Origin or the Domain Extinction Law.
In this act THE AGENCY, declares under oath to tell the truth that it will give a lawful use to the resources it receives on the occasion of the intermediation, contracting or mediation offering for the export of tourist lodging, meals and transportation services, from this Contract are subject of this contract, that is why it is forced to remove THE CLIENT peacefully and safely, from any conflict related with the Federal Law for the Prevention and Identification of Operations with Resources of Illicit Origin or the Domain Extinction Law.”.
Thank you, for reading our terms.