MEDIATION AGREEMENT FOR THE PROVISION OF TOURIST SERVICES, THAT INVOLVE ON THE ONE HAND BOOKINGSANDGO S.A. DE C.V., REPRESENTED BY ITS LEGAL REPRESENTATIVE, THAT WILL BE CONSEQUENTLY ADDRESSED TO AS “THE AGENCY” AND ON THE OTHER HAND THE USER OF THE INTERNET RESERVATION THAT WILL BE CONSEQUENTLY ADDRESSED TO AS “THE CLIENT”, AND THAT THEY ARE SUBJECTED TO THE TENOR OF THE FOLLOWING TERMS AND CLAUSES:
I.- Through its representative, “THE AGENCY” declares:
- To be a corporation duly constituted in accordance with the laws of the United Mexican States, according to the policy number 536 dated August 11, 2017, granted before the faith of the Graduate Susano Jesus Zetina Cuevas public hall number 13 of the Plaza del Estado of Quintana Roo.
- That it has the capacity, infrastructure, services and resources necessary to fully comply with the obligations contained in this contract.
- That it has trained and responsible personnel able to deal with complaints and claims arising from the provision of the service or the acquired good, for which it must be communicated to the contacts that are available to be consulted by customers on the website of Bookingsandgo.
- That it intends to elaborate; organize and carry out projects; touristic trips and itineraries; to reserve spaces in the means of transport and hotels, issuing in the Delegation of transporters and hoteliers the corresponding tickets or coupons in favor of the customers; acting solely as an intermediary between THE CLIENT and the natural or moral persons providing said services.
II.- “THE CLIENT” declares:
- To be called as it has been expressed in the proem of this contract.
- That it is his desire to be bound by the terms and conditions of this contract, stating that he has the legal capacity to enter into this contract.
Exposed the above, the parties are subject to the content of the following:
FIRST.- OBJECT. “THE AGENCY” is committed and obliged to offer its platform to request the tourist services selected by the client according to the availability of the same, to hire them acting solely and exclusevely as an intermediary between the latter and the persons in charge of providing them directly as transporters, hotels, restaurants, car rental companies, land services, tourist guides, and/or any other service related to tourism, either at home or abroad. The price of the service will be the one specified in the document delivered and that covers the contracted service.
Whenever THE AGENCY provides services as a booking agency it acts only as an intermediary between THE CLIENT and the direct SUPPLIERS of the tourist services offered on the website. It does not, nor it will in the future, take on any responsibilty generated by the relationship between “THE CLIENT” and the final service providers, so “THE CLIENT” agrees to release “THE AGENCY” from any liability, in case of failure or lack of compliance by the direct SUPPLIER of tourism services, including without limitation
- Accuracy of the photographs shown on the site, under the understanding that they are provided to “THE AGENCY” for direct insertion of the SUPPLIERS.
- The category of stars assigned to hotels or accommodation centers, which is based on the interpretation of “THE AGENCY” and may differ with the categories reported elsewhere.
- Any type of fault attributable to “THE CLIENT” to obtain the required documentation for his trip.
- Any type of fault attributable to “THE CLIENT” to follow the instructions of the trip including but not limiting, schedules, dates of entry and exit, polices of exchange of coupons etc.
Bookingsandgo provides “THE CLIENT” with an efficient and secure service for the reservation of tourist services; so in the eagerness to provide a secure service, the payment that the Client makes to Bookingsandgo will be transferred to the SUPPLIER, within 24 hours after having performed the Check In of the services, this so that the Client has the opportunity to make sure that what is shown on the website is consistent with the service being used.
SECOND.- INTERMEDIATION. “THE CLIENT” accepts that the intervention of “THE AGENCY” is exclusively an intermediary between the direct providers of the service requested, indicated in the front of this contract and the client himself, in this sense, it will be the only obligation of “THE AGENCY”, to guarantee that the reserved service is real and that the final provider has confirmed this for its use.
THIRD.- NO RESPONSIBILITIES OF “THE AGENCY”. In virtue of the above, “THE AGENCY” makes known to “THE CLIENT”, that if due to major causes or fortuitous events, such as strikes, technical failures, acts of terrorism, climatic phenomena or natural events that occur before or during the development of the services that prevent, delay or in any way hinder, the providers of the contracted services could not provide them partially or totally. “THE AGENCY” will only manage on behalf of “THE CLIENT” the appropriate refund, being relieved of any responsibility or commitment. The same way “THE AGENCY” is relieved of responsibility for damages, injuries, accidents, delays, irregularities, losses or damages of personal objects that may occur during the execution of the services that could happen to “THE CLIENT”, because the agency is not directly responsible for providing the corresponding services and for being only an intermediary between them and the CLIENTS.
In this sense “The Client” accepts and understands that the only responsibility for faults in the final service, mentioning without limitation, faults in food, furniture, facilities, customer service of persons not collaborating with the agency, shall be claimed and demanded by the provider that has made the mistake.
FOURTH.- TERMS AND CONDITIONS OF THE SERVICE PROVIDERS. “THE CLIENT” undertakes the regulations, rules or conditions established by each of the service providers hired through “THE AGENCY”, so “THE AGENCY” must make known to “THE CLIENT” the ones that are more important and consequently declines any responsibility that could derive from their non-compliance.
Likewise, “THE CLIENT” accepts that in addition to the cancellation policies that will be stipulated in the corresponding section, if there is a different amount and that it was imposed by the final supplier, the latter will be responsible for it.
FIFTH.- CANCELLATION POLICIES
“THE AGENCY” for administrative reasons stipulates that all cancellations must meet and respond to the policies indicated in this clause; every cancellation requires the express acceptance of the client to the policies of terms and conditions, acceptance that is expressed through the “Click” given on the Bookingsandgo website, for which it is the client’s obligation to have read said policies.
Prior to cancellation, the client must verify the specific cancellation conditions of each reservation, which are detailed below:
- For reservations canceled up to 14 days before the start of the stay, the client receives a refund of 100% of the payment. You will not be charged any booking fee.
- For reservations canceled up to 7 days before the start of the stay, the client receives a refund of 50% of the payment. You will be charged for booking fees anywhere you have.
- For reservations canceled up to 30 days before the start of the stay, the client receives a 100% refund of the payment. You will not be charged any booking fee.
- For reservations canceled up to 14 days before the start of the stay, the client receives a refund of 50% of the payment. You will be charged for booking fees anywhere you have.
- For reservations canceled up to 60 days before the start of the stay, the client receives a 100% refund of the payment. You will not be charged any booking fee.
- For reservations canceled up to 30 days before the start of the stay, the client receives a refund of 50% of the payment. You will be charged for booking fees anywhere you have.
- For reservations canceled up to 60 days before the start of the stay, the client receives a 100% refund of the payment. You will not be charged any booking fee.
1.5) NO REFUND
- There is no possible refund for reservations that may apply.
SIXTH.- DOCUMENTATION, VISA AND PERMITS. “THE CLIENT”, by its own means, must be provided with passports or migration documents required by the authorities of the United Mexican States and the countries of destination or transit, such as visas, health permits, vaccines and others, in accordance with the current legislation of each country. “THE AGENCY” will not be responsible for any inconvenience that “THE CLIENT” may suffer due to the lack of the necessary documentation to enter this or other countries.
SEVENTH.- CHANGE OF PURCHASED SERVICES. “THE AGENCY” reserves the right to modify the purchased services indicated in this contract, for a better development of the same or for the causes that justify it, as long as it respects the quantity and quality of the services purchased and provided, and according to the travel itinerary provided by “THE AGENCY” to “THE CLIENT” which consists, but it is not limited to airplane tickets, hotels, travel packages, car rentals, etc., this will happen with the consent of “THE CLIENT”, whatever the cause may be, and its confirm. Although “THE AGENCY” constantly updates rates, in remote cases there may be the possibility that rates change without prior notice due to contingencies or major causes, in these cases, the provider may not have the chance to quickly update the rates. “THE AGENCY” realizes periodical reviews where it is possible that differences in rates happen between the price payed and the price required to use the service, in case of changes in the rates, and if this results in a lower price, that price will be charged and the difference will be repaid to “THE CLIENT”, if this results in a higher price, one of our Travel Advisors will contact “THE CLIENT” and inform him about the changes, if “THE CLIENT” does not agree with the change, “THE AGENCY” will refund 100% (one hundred percent) of the amount paid, but “THE AGENCY” is not responsible for any claim or inconvenience arising from the change in rates. Even if the itinerary delivered to “THE CLIENT” contains different services, each one of them is independent from the other and in case of any dispute it should be claimed to the person in charge of providing the service.
EIGHT.- DEPOSIT PAYMENT. Some providers may request a deposit at the moment of the reservation. The deposit will be decided by the final provider, per person, and expressed either in American Dollars or in its equivalent in the National Currency at the exchange rate indicated by the Banco de México on the day and place of payment to guarantee the airspace and require land services or any other service requested by “THE CLIENT”.
“THE AGENCY” will not be responsible for the amounts paid directly to the final provider and that did not enter in “THE AGENCY”’s accounts.
NINTH.- REFUNDS. When “THE AGENCY” cancels any kind of trip or excursion due to causes that do not depend on “THE CLIENT” and that are attributable to “THE AGENCY”, “THE AGENCY” is obliged to reimburse the amount that results after having applied the percentages mentioned above. If the responsibility or cause of the cancellation lies with the direct providers of the services, “THE AGENCY” shall assist “THE CLIENT” to obtain the services and cope with their emergency and to help “THE CLIENT” to claim to the direct providers the reimbursements and compensations that correspond according to the law, only mediating in the processing of such reimbursements and compensations. In the case that the final provider demonstrates the responsibility of “THE AGENCY”, the latter must pay back “THE CLIENT” according to the Law. “THE AGENCY” must demonstrate that it paid the corresponding refunds and “THE CLIENT” must show that they were delivered to “THE AGENCY”, adhering to the provisions of the fifth clause.
When canceling a reservation, the BookingSandGO service costs will not be reimbursed.
Except that the customer has not met the reservation, at the time of check-in and request a refund, the total reservation will be credited.
Before processing the payment to the provider, “THE CLIENT” may verify that the quality of the services offered is consistent with the service at the destination, if it exists a significant difference he may contact “THE AGENCY” through email to request the relocation or reimbursement whichever is conducive.
TENTH.- ACCEPTANCE OF THE CUSTOMER. Both parties agree that the payment of the deposit and the pay off of the amount due for the services covered in this contract by “THE CLIENT”, the acceptance or use of this contract, coupons, tickets, courtesies, or any other document issued in favor of “THE CLIENT” implies the acceptance of your part of the general conditions to which this contract refers.
ELEVENTH.- USAGE OF THE INTERNET PLATFORM. The website of “THE AGENCY” may contain links to other “WEBSITES” which are provided only for your convenience and not in support of “THE AGENCY” or its website and its content belong to the PROVIDERS or distributors or third parties.
“THE AGENCY” reserves the right to deactivate any unauthorized link or frame, and assumes no responsibility whatsoever with respect to the content of any other website linked to this website. Access to any linked website will be at the sole risk of the User. a) FACEBOOK or TWITTER.
TWELFTH.- CLIENT OBLIGATIONS.
It will be “CLIENT” obligation:
- Provide truthful and reliable information about age, sex, names and surnames of the users of the service, dates of use of the service, so that any modification resulting from the mismanagement of the information can not be considered responsibility of “THE AGENCY”.
- Respect the terms and conditions of the services decided by the providers of the direct services.
- Accept the terms and conditions established in this contract after its full reading.
- Any other described in the body of this contract.
THIRTEENTH.- RESERVES OF “THE AGENCY”. “THE AGENCY” reserves the right to contract on behalf of “THE CLIENT” the services referred to in this contract precisely in the qualities or categories contracted, in terms of hotels, transports and car rental companies, except when expressly agreed that these will invariably be provided by a particular provider. In case of modification of the direct service provider by another of equivalent quality, if “THE CLIENT” makes use of the service, it will be understood that he consented to such modification and no refund will be given.
FOURTEENTH.- BILLING. “THE AGENCY” undertakes to deliver the invoice to “THE CLIENT”, specifying the tourist services purchased by “THE CLIENT”.
FIFTEENTH.- AGREEMENTS AND ADDITIONAL PAYMENTS. “THE AGENCY” is released from any liability arising from agreements and additional payments that have been made between “THE CLIENT” and the direct providers of services, such as hotels, transportation and car rental companies, etc.
SIXTEENTH.- PRIVACY AND SECURITY POLICIES. “THE AGENCY” has the utmost care and protection as far as the privacy of “THE CLIENT” is concerned, in order to comply with the Federal Law on the Protection of Personal Data Held by Private Parties, applicable to the protection of the data provided through “THE AGENCY”’s website, for which it will use several techniques and security procedures applicable in the industry, designed to protect them from the unauthorized access of the user and outside “THE AGENCY”.
To access and contract services that are offered on “THE AGENCY”’s website, it is necessary that “THE CLIENT” voluntarily provides some personal information to identify him, such as name, date of birth, address, telephone number, email address and some data of credit or debit cards, as well as the name of the people who will use the services, among others.
SEVENTEENTH.- JURISDICTION. The Federal Consumer Procurator’s Office is competent in the administrative procedure to resolve any controversy that may arise over the interpretation or fulfillment of this contract. Notwithstanding what said above, the parties submit to the jurisdiction of the competent Courts in Cancún, Quintana Roo, expressly waiving any other jurisdiction that may correspond to them, because of their present or future addresses or for any other reason.
EIGHTEENTH.- ACCEPTANCE AND MANIFESTATION OF CONFORMITY. No reservation may be charged or confirmed by “THE AGENCY”, without having received the express acceptance of the client to this contract; which will be understood as granted by accepting the acceptance button on “THE AGENCY”’s website.
If the CLIENT does not agree with the clauses expressed herein, the reservation cannot be confirmed, and consequently, the simple confirmation is proof of acceptance.