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Contenido Web Prueba Migración2

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TERMS AND CONDITIONS

TERMS AND CONDITIONS OF THE CONTRACT FOR THE PROVISION OF LODGING SERVICES

These terms and conditions are intended to ensure your understanding with respect to the Contract for the Provision of Lodging Services entered between you (hereinafter the "GUEST") and the company operating and responsible for providing the Lodging Service (hereinafter the "HOTEL" term defined in the Registration Card), whose registration card is signed at the time of your check-in at the HOTEL. Your stay at the HOTEL shall be subject to these Terms and Conditions, which incorporate the Registration Card, the Payment Policies, the HOTEL's Internal Regulations, the Privacy Notice and any other policy or regulation established by the HOTEL and available physically at the HOTEL or through the website www.vidanta.com (hereinafter the "Official Website"), which are legally binding. When reference is made to the present Terms and Conditions, the Contract, the Registration Card, the Payment Policies, the HOTEL's Internal Regulations, the Privacy Notice and all those regulations and policies published on the Official Website shall be collectively referred to as the "Contract", therefore, if you do not agree with any of the mentioned documents or any other of our policies, we recommend you to clarify all your doubts prior to your arrival at the HOTEL by contacting our Call Center at 800 366 6600. The Contract entered by and between the HOTEL and the GUEST, whose name(s) and personal information are shown in the Registration Card and, with the intention of legally binding themselves, shall be governed by the following:

CLAUSES:

The object of this Contract is the provision of lodging service to the GUEST and their companions, whose data and signatures are included in the Registration Card, which also indicates: (i) applicable daily rate; (ii) check-in and check-out date; (iii) number of guests; (iv) type of room; (v) assigned room number and, if applicable, (vi) amount of deposit made by the GUEST to the HOTEL; in this case the GUEST shall deposit in cash at least the equivalent to the daily rate applicable for the total number of nights of lodging contracted plus Taxes, or else, the GUEST shall authorize the HOTEL to charge to his/her credit card all the costs generated by the services requested by the GUEST and/or their companions during his/her stay at the HOTEL.

As a complement to the lodging services hired by the GUEST, the HOTEL has services described in the directory of services of the establishment, which is in the room, and which may be provided by third parties. Therefore, we request that such services be reviewed by the GUEST to become aware of the conditions under which they are rendered.
The Parties agree that the provision of the lodging services does not include food or drinks, unless they have been contracted as a separate package, nor does it include the charges deriving from the consumptions made in the establishment by the GUEST or their companions. 

The GUEST shall pay the HOTEL, far every day of lodging services received, the daily rate stated in the Registration Card, which can be done through a credit/debit card, in local or foreign currency pursuant to the terms of article 8 of the Mexican Monetary Law of the United Mexican States ("Ley Monetaria de los Estados Unidos Mexicanos”).

The GUEST and their companions are obliged to vacate the room(s) by 10:00 a.m. on the check-out date indicated on the Registration Card and the reservation form, in case of failure to do so, the GUEST understands that he/she shall pay the equivalent of the value of the rack rate per night published at the HOTEL at the time of check-out.

The GUEST acknowledges that the Contract for the provision of lodging services is separate and distinct in purpose from any Contract for Lodging Rights and Services (timeshare), so that in the event that the GUEST is a Member or Co-Member of a Contract for Lodging Rights and Services (timeshare) entered into with any of the companies that own the Resort, understands and accepts that the provision of lodging services by the HOTEL does not constitute nor can it be interpreted as an offer of sale or a request for an offer of purchase of timeshare and does not modify or farm part of any Contract of Lodging Rights and Services (timeshare). 

The Parties agree that in failure to comply with any of the obligations deriving from the Contract shall result in the termination hereof with no need to execute a prior court resolution, in such case, the Party in default shall pay the other Party the equivalent to forty percent of the cost of the hired lodging services as a contractual penalty. Notwithstanding the aforesaid, should the GUEST be the Party in default, in addition to the foregoing provision, the HOTEL may be entitled to require the GUEST and its companions to leave their designated room, and if deemed necessary by the HOTEL, it may withhold the GUEST 's luggage as a guarantee far the payment of any amounts due by the GUEST to the HOTEL. If the Party in breach of the Contract is the HOTEL, the latter shall return to the GUEST the totality of the amounts received as payment up to the moment of the breach, as long as it does not refer to nights of lodging, complementary services or food and beverages already enjoyed by the GUEST and/or its companions.

The GUEST and/or his/her companions are aware that they are going to areas with high humidity weather conditions. Please be aware that there may be animal populations including crocodiles living in their natural habitat around the resort. For your safety, walking outside the designated guest areas is strictly prohibited.
It is the obligation of the GUEST and their companions to use the HOTEL facilities always observing the HOTEL's Internal Regulations, rules, signs, and other indications of use of each of the areas that make up the HOTEL. By using these facilities, the guest and his/her companions accept that they do so at their own risk and responsibility and therefore release the HOTEL and its employees from any liability arising from the improper use of such areas, services, and facilities.

The HOTEL has a civil liability insurance that covers damages to third parties in property and their persons for damages caused by causes attributable to the HOTEL or its employees, and whose insured amount has been determined in terms of the Mexican Official Standard (“Norma Oficial Mexicana”) NOM-07-TUR-2002; therefore, in the event of any misfortune, accident or damage attributable to the HOTEL and/or its employees, the GUEST expressly accepts that this insurance shall be the only source of payment in case of contingencies, and therefore accepts not to claim any additional payment and to file different and/or additional legal actions to exercise the payment of damages, indemnities and/or any other related actions. The HOTEL shall have no liability for goods or services acquired by the GUEST from third parties on the beach and/or inside and/or outside the HOTEL facilities, nor for damages caused by acts, negligence and/or lack of skill of such third parties and/or due to force majeure or outside the HOTEL's control.
Under no circumstances shall the HOTEL, its affiliates, subsidiaries, companies belonging to the same economic group or other related entities or its directors, officers, managers, agents, employees, sponsors, distributors, vendors, suppliers, representatives, partners and all other persons acting on our behalf, be liable for direct or indirect damages, incidental, special or consequential damages resulting from the provision of the lodging services or the inability to use the Official Website, or for the cost of lodging services or other ancillary products and/or services, including, but not limited to, damages for loss of profits, use of data or other intangible property, even if we have been advised of the possibility of such damages.

The Contract is signed in Spanish and English; however, the Parties agree that, in case of doubt or controversy regarding its interpretation, the Spanish version shall prevail in all cases.

Each clause of the Contract is independent of the other, therefore, if any clause, totally or partially, should lack legal force or be declared ineffective, null, or non-existent for any reason whatsoever, by a court or competent authority, the remaining clauses shall continue to have full force and effect.

If you require an invoice for the payment of the lodging service, you must request it in our Call Center, or, in the case of invoicing for the complementary services contracted during your stay, you must request it at the time of check-in at the HOTEL; after your departure from the HOTEL, you must request your invoice for the complementary services through our Call Center. In either case, you will be informed of the e-mail address to which you should send the following information: (i) full name, denomination, or company name; (ii) Federal Taxpayers Registry (RFC) or its equivalent; (iii) address; (iv) e-mail; (v) reservation number; and (vi) check-in and check-out date of the HOTEL. The period for the invoice request shall include, without extension, from the day of check-out from the HOTEL until the last business day of the month corresponding to such date. As an exception to the aforementioned period, an invoice request may only be made in subsequent month(s), in the event that the check-out date has occurred during the last day of each month, in which case, you may request your invoice no later than the second working day of the month following the month to which the check-out date corresponds. Once the billing information has been provided, you will receive the corresponding document within 72 (seventy-two) hours in the e-mail address provided for such purpose. Only one invoice is issued per reservation and services contracted during your stay, that is, for the total charges paid, so it cannot be divided for any reason for billing purposes for each service.

For all matters related to this contract, both parties acknowledge and agree that in the event that any controversy arises, the parties may exhaust the conciliation proceeding before Federal Consumer Protection in México ("Procuraduría Federal del Consumidor”) ("PROFECO"). By staying at the HOTEL, you agree that in the event that no solution is found by submitting to such proceeding, or if it is decided not to submit to such proceeding, all disputes arising out of present Contract shall be finally settled under the Rules of Arbitration of the Arbitration Center of Mexico (CAM-Spanish acronym), by one or more arbitrators appointed in accordance with the said Rules. The seat of the arbitration shall be Guadalajara, Jalisco, Mexico; the law applicable to the merits shall be the laws of Mexico and, the language of the arbitration shall be he Spanish language. The Parties agree that the courts in the city of Guadalajara, Jalisco, Mexico, shall have exclusive jurisdiction regarding any action to execute or void the arbitration ruling pursuant to this clause. The GUEST and the HOTEL expressly waive their right to pursue any claim or legal action in any other jurisdiction that might otherwise be claimed by reason of any present or future domicile, residence, place of business, or any other reason. In the event of not receiving the invoice within the indicated period, the GUEST must contact the HOTEL through the e-mail address provided or by calling the telephone numbers of the Call Center, where one of our advisors will follow up on your request.

The privacy and security of your Personal Data are very important to Us. You can find more information about how we treat your Personal Data and how to exercise your rights by consulting our Privacy Notice at: https://vidanta.com/web/guest/privacy-policy.