1. ACCEPTANCE OF TERMS & CONDITIONS
- Thank you for choosing the services of www.ontravelmexico.com a Website and Trademark of CIRCULO VERDE 9 S.A. DE C.V. OnTravel is an online service that enables users to research, find, and book travel experiences by offering a variety of tours, tickets, and services (“PRODUCTS”) made available by OnTravel, OnTravel’s third party suppliers through OnTravel’s and its affiliates’ websites and related applications (collectively, this Website). Hereinafter, the usage and/or access to this Website will be referred as “SITE” and thus it is acceptance of terms and conditions must be carefully reviewed before continuing. This Site and the Products made available on this Website are offered to you conditioned upon your acceptance without modification of any/all the terms, conditions, and notices set forth below (collectively, the “AGREEMENT”). By accessing or using this Website in any manner, you agree to be bound by the Agreement and represent that you have read and understood this terms. In the event that the “USER” does not agree to these terms and conditions, please do not use this Website or book a Product. In all booking arrangements, the User making the booking shall be deemed to have accepted this Agreement on behalf of the persons named in the booking. The terms and conditions set forth in this document are object to change and/or modification without prior notice, and you understand and agree that your continued access or use of this Website after such change and/or modification signifies your acceptance of the modified Agreement.
The following definitions shall be understood for all purposes and to the fullest extent of the Terms and Conditions Agreement used herein:
- Web Page (ontravelmexico.com) CIRCULO VERDE 9 S.A. DE C.V., which acts as an intermediary, owns absolute ownership of the web page, and offers USERS via internet a variety of touristic services that are brought to them directly by a SUPPLIER that shall be referred as “SITE.”
- Supplier — Natural person or legal entity that directly provides USERS with the touristic services that have been contracted, reserved, or acquired by the latter through the SITE’s intermediation and/or booking engine at ontravelmexico.com.
- User and/or Customer — Whoever uses the SITE (ontravelmexico.com) as means of intermediation and/or in order to use the booking engine from OnTravel with the sole intention of enjoying any/all touristic services that are made available by a selected SUPPLIER.
- OnTravel (Operator) CIRCULO VERDE 9 S.A. DE C.V., which hires and/or acts as an intermediary between the Website (through this web page, “ontravelmexico.com”) and the user’s own benefit in regard to the touristic services a selected SUPPLIER directly supplies. Henceforth, this company will be called, “OnTravel.”
It consists of the existing INTERMEDIATION among CIRCULO VERDE 9 S.A. DE C.V., the web page www.ontravelmexico.com, the USERS, and the SUPPLIERS for all it concerns (i.e. current Terms and Conditions) CIRCULO VERDE 9 S.A de C.V. will act solely and exclusively as an INTERMEDIARY based in Playa Del Carmen City, at the headquarters, Quintana Roo so as to provide USERS via this SITE, in a non-limiting manner, with the booking services of ground transportation, travel packages and excursions , for instance. Once these reservations are made and confirmed by the USER and by OnTravel accordingly to availability, CIRCULO VERDE 9 S.A. DE C.V. will conclude with the provision of the service of intermediation via this SITE (www.ontravelmexico.com) since such touristic services will be handled directly by the SUPPLIERS in accordance with the USERS.
- RESERVATION POLICIES
Rates listed on the “SITE” (www.ontravelmexico.com) are conditioned upon completion of reservation and compliance with the payments policies set forth in this document; such rates are valid on the date the reservation inquiry is made and are subject to change without notice. Published rates are not guaranteed until payment is received. A reservation is deemed complete when the USER has registered all of the mandatory data and a confirmation number has been issued. Confirmations numbers will not be issued until payment has been received in full. When the USER makes a reservation, a written or verbal authorization to OnTravel must be provided to charge the credit card. By authorizing the charge the USER hereby acknowledges the Terms and Conditions Agreement, Reservation and Payment Policies, Cancellation Policies, and Disclaimer. All reservations are subject to availability. At times, it is necessary to confirm availability directly with the SUPPLIER. Therefore, OnTravel will take a maximum of 24 hours to carry out the verification of both the availability and the confirmation of reservation.
If the USER wishes to reschedule or to cancel his reservation, he must contact one of our advisors at the Call Center (+52 98 41 49 73 98 or email@example.com) of OnTravel with the confirmation number in hand. OnTravel suggests that USERS read the CANCELLATION POLICIES thoroughly in order to avoid any troubles. Changes to existing reservations are subject to availability and necessary rate adjustments.
- PAYMENT POLICIES
Your reservation will be charged in full by CIRCULO VERDE 9 S.A. de C.V. to the credit card given by the USER upon receipt. These charges will be listed on the USER’s bank statement as XXXXXXXXXX or as the SUPPLIER’s own caption.
We gladly accept VISA, MasterCard, and American Express credit cards as well as debit ones. Please contact one of our Travel Consultants if you would like to pay via wire transfer.
Rates shown at our SITE are quoted in US dollars and will be converted to Mexican Pesos and charged in Mexican Pesos at the day’s exchange rate by The Diario Oficial de la Federación del Banco de Mexico). This conversion may cause a variation of up to 5% below or above the international fluctuation index for currency exchange and will be reflected on your bank statement. CIRCULO VERDE 9 S.A. DE C.V. cannot be held responsible for this variation and by accepting these policies you acknowledge having been informed about this exchange rate fluctuation and agree that the charge will be made in Mexican Pesos. There is no charge or service fee for processing credit or debit card payments.
- CANCELLATION POLICIES
OnTravel reserves the right to contract, cancel, change or substitute any service, tour, ticket or product on behalf of the USERS or on the USERS own account booked through this SITE, at any time, for any reason (i.e. changes to tour dates, prices, inclusions, age requirements, and other product features and/or requirements). In such cases, if the USER employs any/all services, it will be understood that the USER consents to such amendments and shall not proceed claim, compensation, or any refund. Therefore, OnTravel makes this Cancellation Policies known to this SITE’s USERS the following specifications:
- If you cancel at least 3 days in advance of the scheduled departure, there is a 20 percent cancellation fee.
- If you cancel between 1 and 2 day(s) in advance of the scheduled departure, there is a 100 percent cancellation fee.
- There is no refund if the USER does not show up at the meeting point in the event that he wishes to cancel on the very same date as the scheduled departure.
All amendments are subject to availability and previous authorization of the service’s SUPPLIER. Some activities are not subject to cancellation.
CIRCULO VERDE 9 S.A. DE C.V. believes in protecting your privacy and in the importance of complying with the Federal Law on Protection of Personal Data Held by Private Parties, applicable to the protection of such information consented by this SITE’s USERS, for which it uses diverse security techniques and procedures applicable and designed in the industry to protect USERS from unauthorized access of malicious users.
- WEB PAGE DISCLAIMER
OnTravel will not be held responsible nor will it take any responsibility for any malware that might damage your computer or any other of the USER’s possessions due to the use and/or access to the SITE. By no means, shall OnTravel be liable for any injury, damage, loss, claim, punitive, indirect, incidental, negligent, or unlawful damage that results from (a) any use of this SITE or this content; (b) any software malfunction; or (C) the SUPPLIER’s operations or closedown due to bankruptcy, reorganization, insolvency declaration, dissolution or liquidation.
- LINKS TO THIRD-PARTY WEBSITES
This web page may contain hyperlinks to websites operated by parties other than OnTravel. Such hyperlinks are provided for your reference only. By providing these links, we are not endorsing, sponsoring or recommending such sites or the materials disseminated by or services provided by them. We do not control such websites and are not responsible for their contents, the privacy, the accuracy, relevancy, copyright compliance, legality, or decency of material contained in such websites. These other sites may send their own cookies to USERS, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. Please exercise discretion while browsing the Internet and using this SITE.
- YOUR LIABILITY
You agree to defend and indemnify OnTravel and CIRCULO VERDE 9 S.A. DE C.V and all of their respective officers, directors, employees and agents from and against any claims, causes of action, demands, suits, proceedings, investigations, losses, damages, fines, penalties, fees, expenses, costs and any other liabilities of any kind or nature including but not limited to reasonable legal and accounting fees, arising out of or related to:
1. The USER’s breach of this Agreement or the Terms and Conditions referenced herein;
2. The USER’s violation of any law, rule, regulation or guideline;
3. The USER’s violation, infringement or misappropriation of the rights of a third party, including without limitation any rights of publicity or privacy;
4. The USER’s usage of this web page;
5. The USER’s booking or use of any products obtained through this SITE; or
6. The USER’s negligence or willful misconduct.
CIRCULO VERDE 9 S.A. DE C.V. is an intermediary between the USER and the PRODUCT and the service SUPPLIERS listed on this SITE. CIRCULO VERDE 9 S.A. de C.V. acts only in the role of intermediary for the customer and service supplier and does not retain any legal authority or control over the service supplier’s personnel, assets, operation and/or property. Through this medium the USER authorizes CIRCULO VERDE 9 S.A. DE C.V. to act as a mediator for booking the services chosen including but not limited to, SUPPLIERS in charge of providing land and sea transport services. As such, CIRCULO VERDE 9 S.A. DE C.V. creates the necessary commercial connections in compliance with the own service and quality standards to provide services. Only the most reputable SUPPLIERS are selected for this purpose, however, neither this SITE nor CIRCULO VERDE 9 S.A. DE C.V can be held liable for their acts, omissions, wrongdoings, or negligence on their part. These services are subject to the conditions set by the suppliers, and their liability may, in turn, be limited by their tariffs and conditions of service.
Likewise, the USER asserts CIRCULO VERDE 9 S.A. DE C.V. shall be released from any responsibility concerning:
- Photographic material published on this web page is intended to render a general depiction of the service in question and by no means can be guaranteed that the service will be supplied exactly as depicted. Photographic material is directly provided to OnTravel by the SUPPLIER of each product and/or service.
- Descriptions of our touristic services are regularly updated by OnTravel to maintain an accurate depiction of the product and/or service. Descriptions are directly provided to OnTravel by the SUPPLIER of each product and/or service. Therefore, CIRCULO VERDE 9 S.A. DE C.V. cannot be held accountable for variations occurring upon your arrival.
- The USER’s failure to comply with the instructions for whichever product and/or service that has been booked including, but no limited to, tour itineraries, hotel pickups and/or drop offs, and voucher redemption policies.
- CIRCULO VERDE 9 S.A. DE C.V. won’t assume any liability regarding the SUPPLIER’s terms and conditions and/or policies. Moreover, the USER in this act releases OnTravel from any claims, costs, expenses or loss that the USER may suffer including any personal injury or injury to third parties, accidents or death , damage to personal belongings, lack of enjoyment, anger, disappointment, anguish or frustration, whether mental or physical, as long as they result from:
- Acts or omissions caused by any party and it is employees other than OnTravel.
- Illness, theft, labor disputes, mechanical failures, quarantine, government actions, weather, or any other circumstance beyond direct control of OnTravel.
- The USER’s or any third party’s failure to comply with the required travel documentation or acceptance to, including but not limited to, this SITE’s terms and conditions, policies, instructions, recommendations, and/or safety measures adjured by OnTravel and/or our direct SUPPLIERS.
Any claim or notice that USERS should present against OnTravel must be submitted in writing within 5 (five) days from the day such touristic service was concluded. The USER will be responsible for verifying that the actual SUPPLIER has special services such as access, amenities, and service for people with different abilities, physical or otherwise; it is suggested that such inquiry is done prior to booking. The USER will be responsible for reading and abiding by the terms and conditions and/or policies regarding the SUPPLIER’s products.
In the event that the touristic services that were first contracted could not be either partially or fully delivered by the SUPPLIER, CIRCULO VERDE 9 S.A. DE C.V. will determine the circumstances in which an allocated reimbursement will be taken care of and on the USER’s behalf. Such reimbursement exempts OnTravel from any liability whether the remaining and /or total amount has been refunded or not by the SUPPLIER.
- JURISDICTION AND GOVERNING LAW
These Terms and Conditions Agreement as well as any other touristic services offered by CIRCULO VERDE 9 S.A. DE C.V. as an INTERMEDIARY between our SUPPLIERS and this SITE’s USERS through this web page: www.ontravelmexico.com are operated by a Mexican entity and this Agreement is governed by the laws of the Commonwealth of Quintana Roo, México. You hereby consent to the exclusive jurisdiction and venue of courts in Cancun, Quintana Roo, México and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of this SITE. You agree that all claims you may have against CIRCULO VERDE 9 S.A. DE C.V. and/or OnTravel shall be resolved exclusively in accordance with the dispute resolution procedure set forth in this paragraph. The parties may resort to the conciliatory proceeding before the “Procuraduría Federal del Consumidor” (Federal Consumers’ Protection Agency of México). If the parties cannot reach a resolution through a proceeding before the “Procuraduría Federal del Consumidor” or elect not to pursue such a proceeding, all disputes arising out of or relating in any way to the terms and conditions of this Agreement or the SITE shall be settled exclusively and ultimately under the Rules of Arbitration of the Arbitration Center of México (CAM) by one arbitrator of Mexican nationality. The place of arbitration shall be México and the language of the arbitration proceedings shall be Spanish; hence, the applicable laws shall be those by the Federal Government of México. Any claim submitted to arbitration under this paragraph shall be adjudicated strictly on an individual basis, and not one arbitration shall proceed as a class action. You expressly waive your right to pursue any claim or legal action against OnTravel and/or any of the owners, partners, subsidiaries, affiliates, franchisees, and each of such person’ or entities’ officers, directors, agents, contractors, subcontractors, guests, residents, visitors, licensees, invitees, permittees and employees in any other jurisdiction or venue that might otherwise be claimed by reason of any present or future domicile, residence, place of business, or any other reason. You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.r
Partners or shareholders, other employees, and agents are not and shall not be held liable for the usage or the malfunction of equipment, the operations, nor for the acts or commissions of the people in charge of providing land and sea services; neither should they be held responsible for the staff that supervises the tour or for the crew that provides catering services as well as whichever organization that provides any services endorsed in this ticket. Moreover, OnTravel won’t assume liability of any other independent activity that you, your family or any third party on this trip with you chooses to do.
Therefore, the third-party SUPPLIERS and private tour guides providing products or other services on this web page are independent contractors and not agents or employees of OnTravel for it is not liable for the acts, errors, omissions, representations, warranties, breaches, negligence or misconduct of such SUPPLIERS or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom or otherwise arising from booking a product or service.
By utilizing the touristic services that are described on this ticket, the bearer or holder of this ticket acknowledges his sole liability and releases this SITE, CIRCULO VERDE 9 S.A. DE C.V, and OnTravel from any responsibility and in that regard all USERS agree that the indemnified parties are released, discharged, and held harmless from and are not responsible or liable for any liability with respect to all aspects of this service; under no circumstances, including, but not limited to, negligence, shall this SITE, CIRCULO VERDE 9 S.A. DE C.V, and OnTravel be liable for any lost profits, cost of cover, direct, indirect, incidental, special, reliance, consequential or punitive damages that result from the use of, or the inability to use the services covered by this ticket. The ticket holder must attend his appointment on time and date in order to attain such services; any failure or delay in doing so and/or negligence as a result of changes in his schedule, his engagement in other activities at the same time his service has been scheduled, his own dismissal, or his participation in unlawful activities such as fraud or drug use will prevent the bearer of the ticket from attaining the services covered by this ticket. If the ticket holder has agreed his minor child, or child for whom he is legal guardian to use or in any way take advantage of the services covered by this ticket, he is acknowledging and agreeing sole responsibility for: (a) the conduct of such “minor”; (b) monitoring such “minor’s” attainability of the service; and (c) the consequences, risk, or damage to which the “minor” might be exposed to (i.e. injury and/or death and/or accident). For security purposes, the bearer of this ticket must present a valid Photo ID and this ticket when requesting access to his/her tour or event.