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:
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.
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:
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.
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.
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 firstname.lastname@example.org 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.
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.
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.
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.