Terms and Conditions

The Terms and Conditions that govern the Services provided by VIVIACO TRAVEL S.A. DE C.V. ('Viviaco'), are those mentioned below, which will be understood as accepted by the Customer by contracting or using them:

GENERAL

The Client declares under protest to tell the truth that: (1) Has legal capacity and other economic resources to be bound by the Terms and Conditions (2) The Terms and Conditions are valid, and therefore, mandatory and enforceable (3) Prior to contracting the Services practiced an analysis of the Terms and Conditions, ratifying in this act the understanding of them (4) Understands and acknowledges that the domain of the Website as other versions that may be provided such as but not limited to .com.mx or .mx or net among others, are the sole and exclusive property of VIVIACO., for which reason it unconditionally undertakes to abstain from attempting to make any change of ownership and/or misuse of the same (5) The contracting of the Services does not grant and/or constitute a license to use partially or totally any trademark, distinctive sign, commercial name, commercial advertisement, combination of colors and in general, any element or allusive characteristic, equal or similar to the industrial and intellectual property belonging to VIVIACO (6) Understands and accepts that some of the logos, badges and images used in the Web Page, as well as in the advertising prints, are reproduced only to present examples of the services and products that VIVIACO offers, Therefore, the services provided by VIVIACO through the Website should not be interpreted as a product or trademark endorsed by the owners of the registered trademarks (7). The services provided by VIVIACO through the Website could suffer some technical mishap unrelated to the latter, and therefore releases the latter from any responsibility for such concept, (8) Prior to the contracting of the Services, VIVIACO provided the support and explanation regarding the scope, consequence, procedures, implications and, in general, legal and financial matters. (9) It was not conditioned to the contracting of another type of operations and/or services with VIVIACO and/or with any other third party, for the contracting of the Services.

SERVICES

VIVIACO undertakes to provide the Client with professional services consisting of intermediation as 'travel agent for the search, selection and reservation of air transport (plane tickets), ground transportation, car rental, accommodation and travel assistance' ('Services'), using all its effort, experience and knowledge, as well as with the greatest expertise, professionalism and good faith until its total conclusion. Attentive to the foregoing, VIVIACO and the Client understand and accept that:

  • VIVIACO will be obliged towards the Client to comply at all times with the following: a) provide the Services in accordance with the applicable legal provisions b) maintain in force at their own expense and charge, the authorizations, permits, licenses and other necessary so that the Services are executed and provided in a normal manner and in accordance with all legal and governmental provisions applicable to the particular case c) respond within a maximum of 24 hours regarding the availability and confirmation of the service requested by the Customer, informed the cost, as well as service policies d) inform the Customer prior to booking any service, the policies of changes and cancellations, as well as the collection of any charge for such concept, which are determined unilaterally and at the discretion of each supplier, for which the Client will be automatically subject to them to the confirmation of the reservation e) gradually and as a result of the execution of the Services, Viviaco will generate a 'profile' of the Client, in order to personalize the habitual requirements of the latter, offering him greater options according to his needs.
  • In order for VIVIACO to execute the Services in a timely manner, the Client shall be obliged to: a) make the requests during the authorized hours (Monday to Friday from 9:00 AM - 6:00 PM and Saturdays to Sundays from 9:00 AM - 3:00 PM) through the call center (Mexico, United States & Canada 01.800.212.8959) and/or e-mail (hola@viviaco.com) b) specify in each request the services required, indicating days, times, number of reservations, categories, as well as any special needs c) respect the rules and restrictions of suppliers, such as but not limited to availability, information related to minimum age, maximum occupation, pet policies, infant policies and payment of fees, among others d) obtain by their own means the passports or migration documents required by the authorities of the selected or transit destinations, such as visas, health permits and all those documents requested by the migratory, customs, air, sea, airport, federal, state, municipal and other authorities that are necessary to make your trip, freeing VIVIACO from any problem that may arise with them.
  • The Client understands and accepts that: (i) the description of the products and services provided by VIVIACO may not be accurate, complete, reliable, current or error-free, since they are provided by the suppliers (ii) the rates offered by VIVIACO depend on the time they are consulted and may vary from time to time (iii) all reservations are subject to availability at the time of processing the request (iv) the reservation is considered completed, when VIVIACO provides a confirmation number and full payment of the charge (v) the suppliers are solely and exclusively responsible for the products and services contracted, as well as for the availability, contracting and cancellation policies, thus freeing VIVIACO from any administrative, civil, labor, penal and fiscal responsibility, as well as before any governmental authority or any other nature or matter that may arise in this respect from the aforementioned concepts. (vi) VIVIACO shall not be liable and shall not be obliged to make any reimbursement in the event of delays, delays, cancellations, accidents, incidents, mishaps, etc. (vi) VIVIACO shall not be liable and shall not be obliged to make any reimbursement in the event of delays, delays, cancellations, accidents, incidents or mishaps, force majeure or acts of God and/or any other (vii) any violation of the rules and restrictions on the services provided by any provider may result in the cancellation of your reservation, denial of access to products or services, as well as the loss of any payment without option for reimbursement, for which VIVIACO will have no liability (viii) some trips to certain destinations in the world, may present greater risk than others, so you should review the prohibitions, warnings, announcements and warnings issued by the authorities of such locality before confirming the reservation of any trip, whether domestic or international (ix) you must carefully request and read the regulations of the contracted suppliers, as well as obtain at your discretion an independent insurance to the benefit of travel assistance provided by VIVIACO, to have adequate coverage for medical expenses, personal accidents, loss of luggage, among others (x) to pay the consideration and make the corresponding deposit that VIVIACO agrees directly and in writing with the Client.

QUALITY CONTROL

The Customer agrees that VIVIACO may occasionally monitor, record and/or review any information transmitted or received through the Website, telephone, fax and/or any other electromagnetic means. The Customer also agrees that during the monitoring, the information may be examined, recorded or copied exclusively for the purpose of preserving and/or improving the provision of the Service, which under no circumstances shall be disclosed to any unauthorized person for such purpose.

CONFIDENTIALITY

Considering that VIVIACO will have access to confidential information belonging to the Client, it undertakes to abstain in any way from disclosing, revealing or using it in a manner different from that strictly necessary for the execution of the Services, as well as to abstain from copying or allowing any person to copy or reproduce it, on the understanding that in the event that they do not keep the information referred to as 'confidential', it will be subject to the corresponding legal responsibilities.

PRIVACY NOTICE

The Client authorizes VIVIACO to use the information provided for the purposes mentioned above. Notwithstanding the foregoing, VIVIACO is obliged to treat the Client's information in accordance with the Federal Law on the Protection of Personal Data in the Possession of Individuals in accordance with the following Privacy Notice established in the Online Platform: "VIVIACO is responsible for collecting the Client's personal data, for the use given to them and for their protection. The personal information will be used for marketing, technical and/or advertising purposes, as well as to comply with the Terms and Conditions. The Client has the right to access, rectify and cancel his/her personal data, as well as to oppose the treatment of the same or revoke the consent given for this purpose. The data will be treated in accordance with the Federal Law on the Protection of Personal Data in the Possession of Individuals and its Regulations. The confidentiality of the data is guaranteed and they are protected by security measures to prevent damage, loss, alteration, destruction, use, access or improper disclosure. Only authorized persons will have access to your data. Likewise, personal data may be transferred and processed by persons other than VIVIACO, that is, it may be shared with affiliated companies, subsidiaries, affiliates, controllers and third parties for the purposes described above". The Department of Attention of Personal Data of the Client, is responsible for the attention of requests of rights ARCO (Access, Rectification, Cancellation or Opposition), as well as of the protection, treatment, administrative technical and physical security, to avoid damage, loss, alteration, destruction, bad use, access or undue disclosure of the personal data and the good fulfillment of the law, which is in charge of Claudia Yamilet de la Torre González, to whom it will be able to contact via e-mail to datospersonales@viviaco.com or via telephone +52 (998) 251.65.85 extension 206 If the Client considers that his/her right to the protection of his/her personal data has been infringed by any conduct or omission, or if applicable, presumes a violation by VIVIACO of the provisions of the Federal Law on the Protection of Personal Data in the Possession of Individuals, Regulation of the Federal Law on the Protection of Personal Data in Possession of Individuals and other applicable legal orders, you may file your disagreement or complaint with the Institute for Access to Public Information (IFAI) at telephone number 01800-835-4324 or consult the website www.ifai.org.

LEGAL BOND

The legal relationship that links the Client with VIVIACO is exclusively mercantile, so it cannot be interpreted as a society, association in participation, agreement or legal act of any nature other than that expressly established in the Terms and Conditions.

JURISDICTION AND LAW

In the case of any controversy arising from the interpretation or enforcement of the Terms and Conditions, are subject to the jurisdiction of the Courts of the City of Cancun, State of Quintana Roo, Mexico, waiving any other jurisdiction or law that for any other reason may correspond to each of the Parties.

LANGUAGE

The Client declares that he understands and understands that the official language of the Terms and Conditions is Spanish, so in the event that judicial or extrajudicial proceedings are initiated in relation to this instrument, the official and obligatory version will be in the aforementioned language.