INTRODUCTION.- Welcome to the site of our legal section on the internet. When purchasing some of our services it is expressly conditioned on your acceptance of this Mediation Contract for the provision of Tourist services.
G L O S S A R Y
For the purposes of this Contract, it is understood as:
a) Agency: To the supplier that mediates, contracts and/or offers the tourist the provision of tourist services or products, upon payment of a certain and determined price.
b) Annex: Document in which the tourist services that are marketed in this contract are listed, as well as their prices.
c) Client: The consumer who temporarily travels outside his or her habitual residence and who uses any of the tourist products or services, by paying a certain and determined price.
d) Tourist package: Prior integration into a single product of two or more tourist services related to these and which is offered to the Client detailed in the Annex to this Contract.
e) Tourist service: That service of a commercial nature that satisfies the needs of the tourist in conditions of economy, safety and comfort, which are described in the Annex to this Contract.
S T A T E M E N T S
I. “The agency” declares that:
a) Be a legal entity legally constituted in accordance with Mexican laws, which is accredited with the testimony of public deed number ONE, TWO-two, zero, two, one, one, one, four, five, eight, six, five, seven dated November 2, two thousand and twenty-one, in office with residence in this city and registered in the Public Registry of Property and Commerce of the state of Quintana Roo. That the General Manager who in this act intervenes with the powers conferred on him in the testimony of the public deed number referred to above, and that said powers have not been revoked, modified or limited as of the date of signing this Contract.
b) Among the activities that constitute its purpose, the following are planned: Organization of excursions and tourist packages for travel agencies; Yacht tour, Access to theme parks as well as water parks, Water activities and sports in the Mexican Caribbean Sea, Assisted guides and Sightings, promotion via telephone and email; Serve as intermediaries between tourists and other tourism service providers and between tourism service providers among themselves; Reserve rooms and other related services for tourists in lodging establishments, camps and mobile home inns, giving them the respective receipt or coupon; Market and sell trips and excursions, within the national territory or abroad; The others that are complementary or related to those mentioned above; In general, the performance of all acts and celebration of all types of contracts or agreements necessary or convenient for the best development of the object.
As well as having the appropriate elements and sufficient experience to be bound by what is stipulated in this Contract.
c) Your address is located at Supermanzana 11, Block 02, Lot 3-Floor 03, Interior 3-B, Av. Nichupte between Contoy & Acanceh streets, Municipality of Benito Juárez, State of Quintana Roo, which you indicate as your address. conventional for all legal purposes of this Contract.
d) It is registered in the Federal Taxpayer Registry with the code ADJ211102U98
e) That it has a current certificate that supports its registration in the National Tourism Registry Folio 4230051723
f) It has the infrastructure, its own elements, technical resources and trained personnel to comply with its obligations, in accordance with the provisions of this Contract.
g) To answer questions, clarifications, complaints or to provide guidance services, indicate the address located at Supermanzana 11, Manzana 02, Lot 3-Floor 03, Interior 3-B, Av. Nichupte between Contoy & Acanceh streets, Municipality from Benito Juárez, of the State of Quintana Roo, telephone (998)-309-7686 / (998)-266-3514 and email admin@juntosacancun.com, with opening hours from 11:00 a.m. to 5:30 p.m. These services will be provided free of charge.
h) Informed the client of the prices, rates, conditions, characteristics and total cost of the tourist Service that is the subject of this Contract.
II. “The client” declares that:
a) Has the legal and economic capacity to be bound by the terms of this Contract;
b) The client declares under oath of truth, appearing by his own personal right and/or through his legal representative, that he is a natural or legal person, of legal age, skilled, capable and with sufficient means or capacity. economic to be bound by the terms of this contract and the terms and conditions of the annex, as well as interest in acquiring the intermediation and reservation services specified here and for which it resorts to Juntos A Cancún, so that it acts as a mere intermediary between you and the direct providers of tourist services;
c) Received from the agency in advance, useful, precise, truthful and detailed information on each and every one of the conditions of the provision of the Service that is the subject of this Contract.
By virtue of the previous Declarations, “The Parties” agree to be bound by the following:
A R T I C U L E S
FIRST. CONSENT.- The parties by common agreement express their willingness to celebrate this Contract, the legal nature of which is mediation for the provision of tourist services.
SECOND. OBJECT.- The purpose of this Contract is for the agency to mediate, contract or offer the provision of tourist services, which are detailed in the Annex to this Contract, after payment by the client of a certain and determined price.
THIRD. PRICE OF THE SERVICE.- The parties express their agreement that the total price to be paid by the client as consideration for the tourist Service is the amount indicated for each concept in the Annex to this Contract.
The amount indicated in the Annex includes all amounts and concepts related to the tourist service, so the agency is obliged to respect said cost at all times without conditioning the provision of the contracted tourist service to the acquisition of another service not required by the agency. customer.
QUARTER. FORM AND PLACE OF PAYMENT.- The client will make the payment agreed for the tourist Service indicated in the Annex to this Contract under the agreed terms and conditions, which may be:
a) Cash: in cash, with debit card, credit card, bank transfer, and/or make payments through the website www.juntosacancun.com or by telephone. The charge will appear with the legend Together To Cancún or with the legend equivalent to the supplier, depending on the contracted service. In some cases, the first charge will be the cost of the service, and the second charge will be the advance reservation fee, taxes and administrative expenses, in national currency, without prejudice to being able to do so in foreign currency at the exchange rate published in the Official Gazette of the Federation. the day on which payment is made;
Please take into account that the amount that will appear on your credit card payment receipt may vary up to three percent due to fluctuation. You acknowledge having been informed of the exchange rate fluctuation and agree to the corresponding charge in national currency, or the corresponding charge in US dollars.
b) In installments: The client may, with prior agreement with the agency, pay in installments, for which the agency must provide the client with written information on the dates, as well as the partial amounts to be paid;
In any case, the agency is obliged to issue and deliver to the client the document that covers the charges made for the provision of the tourist service provided in accordance with the corresponding legislation.
FIFTH. OBLIGATIONS OF THE PARTIES.
THE AGENCY IS OBLIGED TO:
a) Comply with the provisions of this Contract;
b) Deliver to the client a copy of this Contract by any means, or the corresponding certificate that has been signed with the person who will provide the tourist service to the client, which must contain the agency’s letterhead with identification data;
c) When making hotel, car or other service reservations, you must provide the client with proof of the reservation and the number or code that has been provided by the final service provider;
d) Provide the necessary information requested by the client, in relation to this Contract and the tourist Services;
e) Request the tourist Services specified in the Annex to this Contract on behalf of the client according to their availability, to contract them, acting as an intermediary between the client and the people in charge of directly providing the tourist Service;
f) Deliver to the client plane tickets, bus tickets, trains or railways, car rentals, tours, boats or cruises (only when provided by the transport company), where appropriate, will indicate to the client the place where you will be able to collect the tickets;
g) Assist the client in obtaining on their own the services that resolve their emergency or, where appropriate, the return transfer when the tourist Service is not provided by the final service provider in accordance with the provisions of this Contract and in accordance with what was offered;
h) Assist the client to complain to the final service provider, the provision of the contracted service, or with prior verbal authorization from the Client who requests the modification of the direct service provider, help so that another provider of equivalent quality and/or category , provide the service.
CUSTOMER OBLIGES TO:
a) Comply with the provisions of this Contract;
b) Provide the agency with true and correct data about your age, sex, first or last name and, where applicable, the data of the people accompanying you. The data and information must be provided completely for the formation of the itinerary and the reservation of land and air services (hotels, visits, rental cars, bus, plane, restaurants);
c) Make payments in accordance with what is agreed in this Contract, so that the service can be provided, otherwise the client relieves the Agency of all responsibility and obligation;
d) Make the reservation for the provision of the service under the terms and conditions established in the annex, otherwise the client relieves the Agency of all responsibility and obligation;
e) Make payments for reservation fees, administrative expenses, taxes and tips, which the client must pay at the time of making their reservation for each destination.
f) Deliver in a timely manner the documents requested by the agency and that are necessary for the provision of the service, such as: photo identification, passport, visa, permits, vaccination records with photo and stamp, bank or credit cards and those that the final service provider requires;
g) Respect the regulations, rules or conditions established by each of the tourist service providers contracted through the agency.
SIXTH. VALIDITY.- The validity of this Contract will be twelve months, according to the terms and conditions established in the annex, and/or while the tourist Service is provided, as long as the payment obligations have been fully covered by the client, time in which this Contract will have all its legal effects.
SEVENTH. FORTUOUS EVENT AND FORCE MAJEURE.- Fortuitous event or cause of force majeure is understood as those facts or events beyond the control of the parties, such as a hurricane, as long as said facts or events are unforeseeable, irresistible, insurmountable, current and do not arise from any negligence or provocation of any of the parties. Diseases of any kind that any of the parties may present will not apply as a fortuitous event.
When the tourist service is not provided due to a fortuitous event or force majeure, or has been provided partially, the client will have the right to modify the reservation date for a single occasion to use the service, subject to the terms and conditions of the annex. and the policies of the final supplier.
The parties agree that if, due to force majeure or unforeseen circumstances, the final providers of the contracted services cannot provide them partially or totally, the agency is relieved of any responsibility or commitment, and the client may manage the reimbursement of the amount on their own. as appropriate or a new reservation directly with the final service provider.
EIGHTH. CHANGES IN ORDER OF SERVICES WITH CUSTOMER AUTHORIZATION.- In the event that the client requests the agency to change the final service provider, the client is obliged to give authorization to the Agency immediately so that it can make said change of provider. and is able to issue, issue or acquire airline tickets in your name, adhering to and accepting both the agency and you the cancellation policies, ticket issuance and sale of national and international airlines, the issuance policies, and the policies of reservation and cancellation of the agency.
Taking into consideration that you have been informed that once the plane tickets have been purchased, there is no refund or modification.
In the case of the provision of the hotel service, the client is subject to the terms and conditions of the annex, and may only request two date changes within the period established in the annex, with the understanding that it is a non-refundable service but , one hundred percent transferable to a person, as long as it meets the same profile as the client subscribing to this contract, otherwise it relieves the agency of all responsibility and obligation.
The agency may modify the order of the tourist Services indicated in the annex to this Contract, for their better development or for reasons that justify it, as long as it respects the quantity and quality of the tourist Services that have been contracted. .
The client will not be able to make changes to dates, routes, or services, without prior written authorization from the agency. In the event that said changes have a cost, this will be indicated by the agency to the client in writing, it is understood that the client consented to said modification. the client and no claim, compensation or refund will be made.
NINTH. CANCELLATION.- Cancellations must be requested in writing at the address indicated in this Contract and the agency will respond within 48 (forty-eight) hours from receipt of the cancellation in business days and hours, without prejudice to the charges. which are indicated below:
CANCELLATION BY THE CLIENT:
-. More than 30 days before the tour date, full refund of the amount paid.
-. Between 15 and 30 days before the tour date, 50% refund of the advance payment.
-. Less than 15 days before the tour date, no refunds will be made.
CANCELLATION DUE TO ADVERSE WEATHER CONDITIONS:
-. In case of bad weather, this agency TOGETHER TO CANCUN reserves the right to cancel or reschedule the service.
-. Cancellation with refund is made as long as the conditions for navigation have been completely closed by federal institutions.
-. A full refund or an alternative date will be offered, as preferred by the client.
CANCELLATIONS DUE TO MECHANICAL FAILURES:
-. In case of mechanical or electrical failure, the main option will be to change the yacht, being able to change some aspects such as model, size, color and construction brand.
-. A full refund will be offered to the client.
REFUNDS AND RETURNS:
-. All refunds will be processed within 10 business days of cancellation.
-. Refunds will be made using the same payment method used for the reservation.
EXCEPTIONS:
-. No refunds will be made for cancellations due to delays or no-shows by the client.
-. Date changes are not allowed without 5 days’ notice.
-. Schedule changes are not allowed without 3 days’ notice.
-. Unit changes are not allowed. (This change will be applied only and exclusively by canceling the service in the confirmed unit, this will mean that the advance payment will be lost and the deposit will be required again for the next unit, requesting the deposit again to confirm date and time, as well as to keep availability blocked.
RESPONSIBILITIES:
-. TOGETHER TO CANCUN is not responsible for expenses incurred due to cancellations by intermediaries, agencies and/or hotels.
DAMAGE TO THE UNIT:
-. In case of damage to the unit, the client must be responsible for covering the expenses 100%, regardless of how small the damage is.
ACCEPTANCE:
-. By making a reservation with a yacht tour service throughout the Mexican Republic with TOGETHER TO CANCUN you accept our cancellation policies.
To cancel tour reservations and/or ground transportation:
Reservations canceled 3 days or more before the date of service are subject to a charge of 10% of the total amount of your reservation.
Reservations canceled 2 to 0 days before the date of service, or in case of no-show, will not be refundable.
In the event that only the client wishes to cancel any service included in the package, the agency will only charge 30% (Thirty percent) of the total amount of the individual service requested in said cancellation.
When the agency is the one who cancels for reasons attributable to it, it will be obliged to reschedule the contracted services according to the terms and conditions established in the annex. If the responsibility or cause of the cancellation falls on the direct and final providers of the services, the agency will assist the client to obtain the services that solve their emergency, to transfer them back at the client’s own expense and, of course, contribute with the client to claim refunds from the direct service provider, mediating only in the processing of such refunds.
TENTH. CAUSES OF RESCISSION .-Are causes for termination:
a) That any of the parties does not comply with the provisions of this Contract.
In the event of termination of this Contract, the party that fails to comply must pay the corresponding conventional penalty.
ELEVENTH. RESERVATIONS AND PAYMENTS.-All reservations require a deposit that will be indicated by the agency, which must be paid in National Currency, without prejudice to being able to do so in foreign currency at the exchange rate published in the Official Gazette of the Federation on the day on which the payment is made, the above to guarantee (the provision of services) the airspace and request ground services; with the understanding that the agency will give the reservation or confirmation key to the client’s email, once the total final payment for the services contracted by the client is covered.
All reservations are subject to availability at the time your request is processed. Availability cannot be guaranteed until full payment has been received. Any reservation change is subject to availability and rate re-quoting.
TWELFTH. PRIVACY NOTICE.- Prior to signing this Contract and in compliance with the provisions of the Federal Law on Protection of Personal Data Held by Private Parties, the agency informs the Client of the privacy notice, which is located at https://juntosacancun.com/apartado-legal/ as well as the procedure to exercise the rights of access, rectification, cancellation and opposition to the processing of your personal data.
THIRTEENTH. JURISDICTION.- These Terms and Conditions will be governed by the laws of the state of Quintana Roo. You declare that you are aware of the scope of this Contract, whose Terms and Conditions are the faithful expression of your will and are submitted in the event of non-compliance or interpretation to the jurisdiction of the Federal Consumer Prosecutor’s Office, through administrative channels, as a conciliatory instance. to resolve any differences that may arise and if they persist, you agree to submit to the jurisdiction of the Laws and Courts of Cancún, Quintana Roo, Mexico, under its exclusive jurisdiction, renouncing at the same time any other jurisdiction that may arise. due to their present or future domiciles or the location of their assets or their nationality, it may apply to them.