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Terms and Conditions

This agreement describes the general terms and conditions (the "Terms and Conditions") applicable to the use of the services offered by VIAJES MUNDOMEX, S.A. DE C.V., as well as its affiliates and subsidiaries (the "Services") within the site www.mundomex.com.mx (the "Site"). Any person wishing to access and/or use the Site or the Services may do so subject to the Terms and Conditions, together with all other policies and principles governing Viajes Mundomex, S.A. de C.V., its affiliates and subsidiaries ("Mundomex").

Any person who does not accept these general terms and conditions, which are of a mandatory and binding nature, should refrain from using the site and/or services.

I. Definitions

Applications:

Computer programs and/or tools owned by Mundomex and/or any third party duly entitled to exercise rights with respect to such programs and/or tools, which are made available through the Site and through which the User may have access to information regarding travel prices and packages as well as other travel agency services and other digital content.

Content:

Is any type of text, photographs, graphics, images, images, icons, technology, software, links and other audiovisual content, graphic design, source codes, and other digital content, owned by Mundomex and/or any third party.

Computer Equipment:

Desktop or portable equipment, owned by the User, which must comply with the technical specifications required to make use of the Applications.

Provider:

Individual or legal entity that directly provides any of the Tourist Services described in the Site, which may be contracted by the User through the intermediation of Mundomex.

Services:

Those intermediation services offered by Mundomex through the Site, which consist of allowing Users to make use of the Applications.

Tourist Services:

Those of air or land transportation, lodging, car rental, tourist attraction sites, travel packages and in general all those tourist and travel services or products described in the Site, which may be offered through the intermediation of Mundomex, and which will be provided directly by a Provider.

Internet Session:

Access made by the User to exchange information within the worldwide Internet access network.

Site:

Website owned by Mundomex, located at the URL: http://www.mundomex.com.mx through which the Services are offered, where there are also access links to other sites and/or Internet portals where there are various Contents that are available to the Users.


User:

Individual or legal entity that makes use of the Services.


The defined terms may be used indistinctly in singular or plural form, without altering the meaning attributed to them in each case.

Unless expressly provided otherwise, all references to Clauses refer to clauses of these Terms and Conditions. The words "herein", "hereof", "hereunder", "hereinafter" and words of similar meaning shall refer to these Terms and Conditions as a whole and not as a provision hereof.

In the event of any inconsistency between the above definitions and any provision of these Terms and Conditions, the latter shall prevail. All references to any provision, law or rule or regulation shall include any amendments referring thereto or superseding them.

II. Object

By means of the present Site, Users are granted the facilities required for them to access and use the Applications and Contents available in the Site and to have access to information regarding the travel agency services provided by Mundomex that are available with respect to the Tourist Services.

The use of the Site attributes to the User the quality of User and implies full and unreserved acceptance of each and every one of the provisions applicable to the Services, which are in force at the time of such access and/or use (such as rules of use, regulations, licenses of use and instructions), determined by Mundomex and/or any third party that is duly authorized to exercise rights with respect to the Applications that are made available through the Site, whereby such rules of use, regulations, licenses of use and instructions may replace, complete and/or modify the present instrument. These Terms and Conditions may be amended from time to time by Mundomex.

Some of the Services may be subject to specific terms and conditions (hereinafter, the "Specific Conditions") which, as the case may be, replace, complete and/or modify the present document. Said Special Conditions shall be made known to the User at the time he/she wishes to use such services. Consequently, the use of such services shall be subject to the terms and conditions set forth in this instrument and the corresponding Special Conditions.

Except in those cases in which the contrary is expressly established, any new application that allows to increase or improve The Services, which are property of Mundomex and/or of any third party, will be subject to the present Terms and Conditions, as well as to those that the third party determines.

III. Conditions of Use of the Services

In order to use the Services, the User must: (i) have a computer equipment that meets the minimum requirements necessary to make use of the existing applications on the Site; and (ii) have access to the World Wide Web, in which case the User shall be solely responsible for any fees or expenses related to connecting to or using the Internet for the use of the Services.

The User in using The Services, shall: (i) comply with applicable laws; and (i) immediately notify Mundomex if it becomes aware of a security problem related to the Services.

The User shall refrain at all times from using any of the Services for purposes or effects other than those authorized in this instrument.

The User acknowledges and agrees that Mundomex shall not be liable for any delay, deletion, error in delivery or failure to receive any Content.

IV. Conditions

The use of the Services by the User implies unconditional, full and unreserved acceptance of these Terms and Conditions, including but not limited to the following conditions:

a. That the User is aware of the nature of the Internet, the Terms and Conditions governing the Services and its limitations, as well as its technical qualities and response times for consulting, interrogating or transferring data and information.

b. That the User recognizes and accepts that there are social, political, cultural, economic and other phenomena that may cause at a given moment that the use of the Internet may increase extraordinarily, in such a way that the conditions of operation of the Services may be affected, causing a temporary saturation that could generate slowness in the execution of the Services.

c. Understands that the Internet is a network of networks, and the paralyzation of another network may reduce or even prevent the execution of the Service.

d. That some data circulating on the Internet are not protected and can be exposed and diverted, so that the dissemination of access codes, personal codes, bank account numbers, credit card numbers and even more, of any confidential information by the User, will be at his own risk and under his sole responsibility.

e. That the data circulating on the Internet may be subject to regulations regarding its use or be protected by an intellectual property right, so that the User shall be solely responsible for the use of the Contents and/or data that he/she consults, interrogates or transfers on the Internet.

f. That Mundomex shall not be responsible for the accuracy or quality of the Contents, information or services that the User may obtain or receive through the Site or the Services.

g. That Mundomex will not be responsible for any damage and/or harm that the User may suffer, including, but not limited to, loss of information, deconfiguration, delays, non-deliveries, erroneous deliveries or interruption of the Service.

h. That the use of any Content, information, data, etc. obtained through the Service is at the User's sole risk and responsibility.

i. That the User acknowledges and accepts that any Content, information, product, service and/or application available through the Internet, different from those that are clearly and precisely identified as elements and/or Applications that are part of the Service, are provided by other users and/or third parties, and therefore it will be the responsibility of that third party to maintain and support its information, products, services and/or applications, and consequently the User acknowledges that Mundomex is not and will not be responsible at any time for the use, failures, loss or errors in the same.

j. That it is the responsibility of the User to take all necessary measures to protect their property information, data and / or software, for access from the Internet to your computer equipment or contamination by viruses that are circulating on the Internet, so Mundomex will not be liable for damages caused by viruses transmitted over the Internet.

k. That the Service may be interrupted at any time at the discretion of Mundomex, if the User engages in conduct or practice that is illegal or contrary to the provisions of this document.

The User acknowledges the use of the Internet as a public service of international character, and therefore understands and accepts that Mundomex is not directly or indirectly responsible for the administrative, technical or regulatory actions that third parties apply to their networks to protect the integrity of their information, content, systems, applications, users, etc.

V. Responsibility

Mundomex is not the owner of the items offered nor has possession of them, however Mundomex may hire third parties (providers that provide transportation services, hotels, restaurants, tour guides, among others), so in that case the User in this act relieves Mundomex of any liability for damages, injuries, accidents, delays or irregularities that the User may suffer, the above derived from the fact that in certain cases Mundomex will function only as an intermediary and will not provide the services mentioned herein directly to the User.

The User acknowledges that: (i) will be responsible for achieving access to the Site; (ii) Mundomex will not be responsible for unauthorized access to the Site through its Internet connection, computer equipment or mobile equipment with Internet access; (iii) the information transmitted through the Service, will be under its sole responsibility, so it expressly releases Mundomex from any liability arising from unauthorized access, theft, damage, destruction or detour of information, files or programs owned by the User that are directly or indirectly related to the Service; (iv) Mundomex shall not be liable for damages (including, but not limited to, damages for loss of data or profits arising out of or in connection with the use of the Services or the delay or inability to use the Services or any other services); and (v) Mundomex does not warrant that the use or the results of the use of the Services will be correct, accurate, timely or otherwise reliable.

By reason of the foregoing, the User agrees to indemnify and hold Mundomex harmless from any claim, demand or legal action that may arise from the use of the Service and/or the improper use of the Site and/or the Applications referred to in these terms and conditions.

Likewise, the User acknowledges that Mundomex may suspend the Services and/or User access, at any time by legal disposition in case the User misuses the Site or performs practices that are contrary to the law, good customs or these Terms and Conditions. The foregoing, regardless of any action or claim that Mundomex and/or any third party may exercise against the User responsible for carrying out such conduct.

VI. Limitation of Liability

Since Mundomex acts only as a travel agency and provides its services as a booking agent solely and exclusively as an intermediary and not as a provider of Tourism Services, Mundomex does not assume and will not assume any liability generated by any relationship with the User and the Suppliers. In this sense, the User releases Mundomex from any liability for any failure or non-compliance by the direct Provider or Providers of the tourist services, including without limitation any failure or non-compliance by airlines, hotels, temporary lodging providers, shipping companies and all kinds of vessels, water sports providers, car rental agencies, transportation agencies, tour operators, tour operators and other companies that provide the tourist services, transportation agencies, tour operators, diving instructors, golf instructors, swim with dolphins instructors, fishing instructors, adventure and extreme sports providers, water parks, ecological parks, and in general any failure or non-compliance on the part of all those tourist services that are provided directly by one or more Suppliers. However, Mundomex may, at its sole discretion, provide contact information or address of the Provider, in order for the User to exercise the respective claim or the means of claim that the User deems necessary.

Mundomex, in its capacity as an intermediary agency, does not and will not offer any guarantee on the services provided directly by the Providers, nor does it guarantee the financial position of the Providers or any reimbursement to the User for any loss incurred as a result of the financial condition of said Provider, including without limitation, the insolvency or bankruptcy of said Provider. In the event that the Supplier fails to perform any of its services, the sole remedy for reimbursement shall be made directly to the Supplier that failed to perform its services, or may apply for insurance coverage if applicable, or to any other third party, unless such failure is directly caused by Mundomex. Mundomex assumes no liability to the User and therefore the User releases Mundomex from all liability for acts, omissions or any type of complaint or dissatisfaction arising from the services provided by the direct service providers on the Site advertised, since Mundomex has no control or legal relationship over their personnel, equipment, operation or assets. In those situations in which the Provider fails to provide its services, the User may seek any remedy permitted by applicable law against the Provider.

In addition to the foregoing, Mundomex shall not be responsible for, and the User hereby releases Mundomex from all liability with respect to: (i) typographical errors on the Site; (ii) the veracity of the drawings, designs, sounds, videos, descriptions, texts, graphics, photographs, links, or the content of some articles, shown on the Site, since Mundomex has contracted third parties to provide such information (drawings, designs, sounds, descriptions, texts or photographs) and the same may not be updated, and therefore such information shall be for illustrative purposes only; (iii) the star rating assigned to the hotels and services, since such rating is based on the interpretation of Mundomex and the Suppliers and therefore may differ from the categories reported by other persons or tourist guides; (iv) the descriptions of the travel services, since these may be modified by the Suppliers; (v) the failure of the User or third parties designated by the User as beneficiaries of the Tourist Services to obtain, carry or deliver the required documentation for their trip, including, but not limited to, tickets, reservation certificates, passports, visas, etc.(vi) failure by the User or third parties designated by the User as beneficiaries of the Tourist Services to comply with travel instructions including, but not limited to, airport departure times, hotel check-in and check-out times and dates, voucher redemption policies, Supplier regulations, etc; (vii) the lack of financial conditions on the part of the Supplier to provide the Tourist Service; (viii) with respect to the terms and conditions or policies and regulations of the Suppliers; and (ix) any other claim, cost, expense or loss that the User may suffer during the provision of the Services or the Tourist Services for causes that are not directly attributable to Mundomex.

There is a possibility that the validity of some prices may have expired or come from information erroneously provided by the Suppliers with which our database is fed. In case the correct price is lower than the quantity quoted, Mundomex will apply the lower amount. In the event that the correct price is higher than the amount quoted, Mundomex staff will promptly contact the User, informing him/her of the correct amount or registering the cancellation of the reservation at his/her request for not agreeing with the increase in price, expressly releasing Mundomex and its Suppliers from any liability or payment of compensation for inconvenience caused by such cancellation. In the event that the contracted services could not be provided partially or totally by the Supplier, Mundomex may only on certain occasions manage on behalf of the User the reimbursement of the appropriate amount, being Mundomex free of any liability or major commitment in cases where the reimbursement for the total or remaining amount is not reimbursed by the Supplier.

FORTUITOUS EVENT AND FORCE MAJEURE. In the event that any of the Tourist Services could not be provided partially or totally, or had to be cancelled, interrupted and/or postponed by Mundomex derived from any event or circumstances beyond the control of or not attributable to Mundomex, including, without limitation, war, acts of terrorism or other national emergency, civil uprising, fire, explosion, flood, hurricane, epidemic, pandemic, or other phenomenon of nature; prolonged general strikes affecting the total activity of any of the Parties, any injunction, decree, order, law or regulation of any public authority, Mundomex shall be limited to manage on behalf of the User, the reimbursement of the amount corresponding to the service not provided before the corresponding Provider, being Mundomex free from any liability or major commitment in cases where the reimbursement for the total or remaining amount is not reimbursed by the Provider. In any case, at the discretion of Mundomex, Mundomex may retain 10% of the total amount paid for the reservation as an administrative expense.

VII. Industrial Property

The content available on the Site (including, but not limited to, trademarks, designs, logos, material images) are the exclusive property of Mundomex and/or its subsidiaries and/or affiliates, and are protected by the laws and treaties in force on industrial and intellectual property, so the User is not authorized to copy, remove, commercialize or perform any act that aims to register or obtain ownership of the intellectual property rights contained in the Site, except with prior written authorization from Mundomex.

Likewise, the software and applications of the Site are owned or licensed by Mundomex and/or its subsidiaries and/or affiliates, so it should never be used outside the Site.

VIII. Unacceptable Use

Without prejudice to the provisions of other sections of this document, the User acknowledges and agrees that he/she may not use the Site in the following cases:

1. In case the use of the Site represents a violation of any national or international legislation.

2. To transmit or attempt to send materials from the Site without the express written authorization of Mundomex.

IX. Malicious Code, Hacking And Other Offenses

The User shall in no case intentionally introduce to the Site, elements that may hinder its operation, obtain information from our partners and users, attempt to access the server, database, or computers where we store the private information of the Services. In case of any of these activities, the User will be responsible for the payment of damages that Mundomex may suffer, without prejudice that may be, at the discretion of Mundomex, reported to the competent authority, whether domestic or foreign.

We shall not be liable for any loss or damage caused by the activities of any third party or other users of the Site. Likewise, we are not responsible for any damage to your computer equipment, software, or information that may result from your use of the Site.

X. Links to the Site

The User shall not link any web page to ours, unless there is prior, written and specific authorization from Mundomex.

The Site may contain linked sites, such as hyperlinks, banners, buttons, directories and/or search tools, among others ("Linked Sites") that will allow you to access third party pages that are not owned or operated by Mundomex, Mundomex is not responsible for the availability of the material, accessibility or continuity of the Linked Sites, for the maintenance of the services, information, data, files, products and any kind of existing material and for the obligations and existing offers in such Linked Sites.

In addition, the Site contains links to certain social networking sites, such as Facebook®, Twitter® and YouTube®, among others, and specifically to the accounts within such social networking sites managed by Mundomex; the User acknowledges that such pages are exclusively for informational use and social diffusion of Mundomex, and Mundomex will not be responsible for the content, information, third party publications, comments, photographs, videos, trending topics, or any other material outside the scope of the direct administration of Mundomex, nor for the material that, shared on such social sites by the User or any third party and outside the administration of Mundomex, may violate any intellectual property rights. The User is responsible for the use that may be made of such sites, and therefore, the User releases and holds Mundomex harmless from any liability incurred by any incorrect or malicious use that may be made of them, or for publications, information, comments, and other material that may be offensive, insidious, erroneous, pornographic or that may incite violence, rebellion, strike, or any activity not permitted by law and good customs.

Mundomex, its subsidiaries and/or affiliates do not control, approve or endorse the services, information, data, files, products and any kind of material existing in the Linked Sites. Consequently, the User should exercise extreme caution in the evaluation and use of the services, information, data, files, products and any kind of material existing in the Linked Sites.

Derived from the above, the User acknowledges and agrees that Mundomex, its subsidiaries and/or affiliates are excluded from any liability for damages that may be caused or have been caused by the accuracy of the information or quality of the services found on the Linked Sites.

XI. Indemnifications

Without prejudice to any criminal or civil liability that may be applicable and or other sanctions mentioned herein, the User shall indemnify Mundomex for: (i) any loss, or damage, or cost incurred by Mundomex in the event that the User misuses, attacks, installs a virus, damages or alters the information published; (ii) any loss, or damage, or cost incurred by Mundomex in the event that the User misuses, attacks, installs a virus, damages or alters the information published, of any Linked Site; (iii) in the event that you upload illegal, amoral, false or unauthorized third party information to the Site.

Likewise, in the event that any criminal or civil liability may arise against the User, the User hereby acknowledges and agrees that all information provided to Mundomex will be provided to the competent authorities, national or foreign.

XII. Privacy Policy

The User acknowledges and agrees that he/she has read Mundomex's Privacy Policy, and agrees to be bound by its terms. Likewise, the User consents that his/her personal information may be used by Mundomex or by its third party suppliers and distributors in accordance with the terms of said Privacy Policy and for the purposes set forth therein.

XIII. Other Terms and Conditions

The headings used in these Terms and Conditions are inserted for convenience of reference and shall not be considered in the interpretation of these Terms and Conditions.

In the event that any provision of these Terms and Conditions is declared invalid by a court of law, this shall not affect the validity of the remaining provisions.

XIV. Modifications

Mundomex may modify the Terms and Conditions at any time by making the modified terms public. All modified terms will become effective 10 (ten) days after their publication. Upon expiration of this period, the User will be deemed to have accepted the new terms and the contract will continue to bind both parties.

XV. Contact

If you have any questions about this document, please contact Mundomex:

Cicero 737 Mezanine No. 1,
Colonia Chapultepec Morales,
Mexico City 11570
Attention: René Garrido e-mail: rgarrido@mundomex.com.mx

XVI. Cookies and IP Addresses

Mundomex may use Cookies when a User browses the websites and web pages of the Site. The Cookies that may be used on the websites and web pages of the Site are only associated with the browser of a specific computer equipment (an anonymous User), and do not provide the name and surname of the User. Thanks to Cookies, it is possible for Mundomex and/or its service providers to recognize Users' browsers after they have accessed for the first time. The Cookies used cannot read cookie files created by other providers.

Derived from the above, the User hereby expressly authorizes Mundomex to disclose information about your computer equipment such as your IP address, operating system and type of browser to our information and management system in order to obtain reports or aggregate information for our marketing, promotional or advertising campaigns. This information is statistical since it does not identify the User with his/her personal data.

The User can reject the Cookies from the portal or portals that he/she uses to surf the Internet. In case of doing so, it is possible that you may not be able to access all the services offered by the site.

XVII. Jurisdiction and Applicable Legislation

For the interpretation, execution and fulfillment of this document of terms and conditions the parties accept the application of the Civil Code for the Federal District and other applicable laws in that entity and submit to the jurisdiction and competence of the courts of Mexico City, Federal District, waiving any other jurisdiction that may correspond to them by reason of their present or future domiciles.

LEGAL NOTICE

All rights reserved.

It is strictly forbidden to use, copy, reproduce, distribute, publish, transmit, broadcast, or commercially exploit any of the contents, photographs, logos, images, html, code published on this site.

The use of the contents of this site shall be solely personal and non-commercial. No other use is permitted. You may not, including but not limited to, reuse the material for publication in any other media, particularly on any other Internet site.

Mundomex is not responsible for the content of External Sites.