TERMS AND CONDITIONS APPLICABLE TO THIS WEB SITE
1. Grupo Posadas, S.A.B. de C.V. (hereinafter "Posadas") is a publicly traded corporation una sociedad bursátil engaged in, amongst others, providing and marketing tourism services, which it does so either directly or through affiliate corporations.
2. Posadas operates a program denominated Re_set, same that is defined at number 9 of these terms and conditions and it has the financial capacity, the experience and the funds necessary to operate the same.
3. Posadas has its domicile at Av. Prolongación Paseo de la Reforma 1015, Torre "A”, piso 9, Col. Santa Fe Cuajimalpa, Delegacion Cuajimalpa de Morelos, C.P. 05348, in Mexico City, Mexico and has the following telephone number (443) 298-2240; EE. UU and Canadá 1-855-233-1860 and rest of the world (443) 298-2240, which we invite you to call so as to communicate should there be any doubt, comment or complaint/claim.
4. The present terms and conditions regulate the use and operation of the present Web Site, which is the property of "Posadas" or of one of its affiliated corporations.
5. Posadas reserves to itself the right to modify the content and the design of this Web Site at its entire discretion and without any liability, as well as the terms and conditions that it deems necessary or convenient at any time and without need of prior notice or notification to the users if the Site in the understanding that at all times the ongoing transactions shall be respected. We invite you to continuously verify and consult the present terms and conditions so as to be informed of said changes or modifications.
6. The Web Site User states that they are an individual, of legal age, with full use and enjoyment of their capacity and rights, without any restriction or impediment to bind themselves in accordance to the provisions of the present Terms and Conditions.
7. The User states that the personal identification information that it has provided to Posadas or its affiliate or subsidiaries on the Web Site and/or by any verbal or written communication, in any means or format, are certain and true, and that based on the same they bind themselves to comply with the stipulations of the present Terms and Conditions.
8. Agreement between the Client and Posadas. The User upon accessing and using the Web Site, or by utilizing the services offered on the site, accepts all and every one of the present Terms and Conditions. The User understands and accepts that the acceptance of the present Terms and Conditions is a preliminary and indispensable condition to access and use the Web Site, therefore the use of this Web Site constitutes an agreement to bind themselves to all of the terms, conditions and notifications herein contained.
9. Definitions. In these Terms and Conditions and on the Web Site there are used diverse words that have the following meaning, whether used in capital or small letters, or in singular or plural:
Benefits: means all and every one of the Benefits established in Re_set, which are the Tourism Benefits and the Affiliate Program Benefits that are indicated on the Web Site.
Affiliate Program Benefits: all and every one of the Benefits other than the Tourism Benefits, that Posadas may negotiate with third parties in favor of the Client and which are variable and shall be described on the Web Site.
Tourism Benefits: means the discounts granted off the Public Rate for lodging in favor of the Client when they make a reservation at any Re_set incorporated Development indicated on the Web Site, as differentiated in relation to the lodging days that correspond in conformity with the Membership level purchased by the Client. These Tourism Benefits are of two types: Posadas Beach Hotels (Resorts) Benefits or Posadas City Hotels Benefits.
Posadas Beach Hotels (Resorts and Villas) Benefits (Re_set Seaside): means a discount of up to 50% off the Public Rate for lodging that shall be granted to the Client at the lodging days that correspond in conformity with their Membership level when they make a reservation at the Developments indicated as such on the Web Site.
Posadas City Hotels Benefits (Re_set Cityscape): means a discount of up to 50% off the Public Rate for lodging that shall be granted to the Client at the lodging days that correspond in conformity with their Membership level when they make a reservation at the Developments indicated as such on the Web Site.
Call Center: is the center for information, reservation, modification, cancellation and sale of products and services, authorized for said purpose by Posadas.
CAT (Total Annual Cost, CAT due to its initials in Spanish): is the total annual financing cost expressed in annual percentage terms that, for informational and comparison purposes incorporates the total costs and expenses inherent to the Loans. As established in the Contract Cover Sheet and is composed of the Total Price, ordinary interest on price financing, monthly commission for administration expenses and corresponding taxes, in the understanding that said calculation does not include IVA (Value Added Tax, IVA due to its initials in Spanish).
Client: is the individual who contracts Re_set.
Renewal Fee: is the fee paid by the Client to renew the membership for the same term as originally agreed upon, as shall be set by Posadas for each calendar year and is published on the Web Site.
Developments: means the hotels and Developments that make up Re_set indicated on the Web Site and where the Client shall be entitled to use the established Tourism Benefits when making their reservations, which may vary.
Re_set: means the Benefits program plan established in favor of the Client.
Membership: means that a Client is a Re_set member, with the possibility of enjoying the Benefits established in the aforesaid.
Membership Level: There exist different Membership levels implying diverse Tourism Benefits in regards to the Developments where they may be utilized, the number of days per year, and access, if applicable, to various Affiliate Benefit Programs.
Confirmed Reservation: means written confirmation, issued by Posadas, either physically or electronically, containing the definitive Lodging reservation at a Development or of the Benefits regarding a Reservation Request made by a Client.
Web Site or Site: means the all of the electronic pages identified by a domain or an Internet address (including without limitation www.re-set.mx) that is managed by Posadas to communicate and notify Re_set information, electronically market Re_set, if applicable, up-date Developments and Benefits lists, and publish the Renewal Fee amount, and make, and if applicable, pay for reservations.
Reservation Request: means the request, whether telephonically or electronically, made by a Client to Posadas so as to process a reservation with the corresponding Benefits of a Lodging discount at a Development, in a room type and on a determined date or for any other Benefit.
Public Rates: is the price of a hotel room for a determined date, at a specific time, that is offered to the public in general.
User: means the individual or legal entity that uses the Web Site and contracts the services offered by Posadas through the different means placed at their disposal.
10. Industrial and Intellectual Property. Posadas, its affiliated or related companies, as well as its licensors and licensees hold, either personally or by execution of a third party contract, all rights to the contents and design of the Web Site and, specifically, including without limitation, to the photographs, images, texts, logotypes, design, trademarks, trade names and the information included therein. Said rights are protected by the legislation in force in the area of industrial and intellectual property.
The copying, reproduction, adaptation, modification, distribution, marketing, public communication and/or any other act that constitutes a contravention of the enforceable legislation in the area of industrial and intellectual property, as well as use of the contents of the Web Site, if not with the prior express written authorization of Posadas, is absolutely prohibited.
Posadas informs that solely accessing and consulting the Web Site does not grant an implicit license, authorization or right to the intellectual and/or industrial property rights or to any other right or property related to, directly or indirectly, the content included on the Web Site.
The following trademarks and logotypes, and the names on the following list, as are the associated trademarks, are registered trademarks of Posadas, its subsidiaries and/or affiliates:
- Live Aqua Resorts & Residence Club
- Grand Fiesta Americana
- Fiesta Americana
- Fiesta Americana Vacation Club
- Fiesta Inn Business Class
- Gamma Hotels
- ONE Hotels
- The Explorean by Fiesta Americana
- Kivac la llave de tus sueños (the key to your dreams)
- Fiesta Rewards
- Re_set registration in process
The registered trademarks of Posadas, as previously stated, cannot be used or displayed without the prior written authorization of Posadas.
11. Web Site Use. Users shall utilize the Web Site responsibly and lawfully in conformity with the present Terms and Conditions. The Users shall not, including without limitation, engage in any of the following activities: i) Distribute, reveal, publicize or publish information or material that is untrue, degrades, dishonors, embarrasses, humiliates or threatens a person; ii) Abuse, slander, harass, accuse, threaten or otherwise infringe the rights of another; iii) Download or upload files or programs of any nature; iv) Distribute, reveal, publicize or publish indecent information or material that infringes third party rights; v) Announce or send or, in any other manner, reveal confidential information, trade secrets or other exclusive, confidential and/or protected information; vi) Copy or create works derived from displaying, distributing, granting a license, carrying out, publishing, recreating, reproducing, selling, transferring or transmitting any information, products, services or software obtained by, from, or through the Site; vii) Monitor or copy any content by any process; viii) Participate in any other conduct that conflicts or that Posadas considers to conflict with the Terms and Conditions, and; ix) Engage, generally, in any act contravening enforceable legislation, morality and the norms of good conduct.
This Web Site may contain discussion groups, news groups, notice boards, chat rooms and other services in which third parties participate other than Posadas, and yourself as a User. Posadas shall not be liable for the communications or dialogues made during the course of the debates, forums, or chats that are organized through the Web Site and/or link pages, nor shall it be answerable, therefore, for possible actual and consequential damages incurred by the Users due to said communications or dialogues. Posadas shall have the authority to review and monitor the communications or dialogues carried out on the Web Site, reserving the right to cancel any communication or dialogue that it considers unseemly or that, within its discretion, it considers contrary to the stipulations of the present Terms and Conditions. The information that the User provides under said circumstances is public, and Posadas does not assume any privacy obligation in this regard, therefore it is recommended that Users not provide personal or private information, unless in specifically requested cases for the purposes expressly mentioned in the respective privacy notice.
The User is solely responsible for use of the password set to access the Site, therefore they release Posadas from any liability derived from misuse of said password by the User or use of the password by a third party, if the User has voluntarily shared said password with a third party, although the User willingly or unwillingly permitted knowledge of their password to a third party.
Should it be the case that the User registration on the Web Site to access the same is made through a social network in which the User participates (including without limitation, the social network "Facebook"), the User understands and agrees to accept that by entering through the social network account that the User may have, they will share with Posadas their public profile, their contact list, their e-mail address, as well as “like” clicks by the User or the contacts of the User (or comparable elements on different social networks).
12. Indemnity. The User acknowledges and accepts that it shall be responsible for indemnifying and holding harmless and releasing Posadas, its affiliate, subsidiaries and/or any legal entity which has a corporate relationship with the latter, for any actual and consequential damages derived from breach of the provisions of the Terms and Conditions, as well as the actual and consequential damages derived from or related to the inappropriate use of the Web Site made by the User or a third party using their password.
13. Denial of Warranties and Limitation of Liability. Posadas shall use its best efforts so that the contents of the Site are available at all times, however, it does not assume any liability if the site is unavailable or access, for any reason, is delayed. Likewise, Posadas may, at any time and without prior notice, interrupt or cancel access to the Site and/or its content without any liability for Posadas.
Posadas does not represent, warrant, agree nor does it convene that whatever the User finds on the Site is free of errors, complete or accurate. Posadas shall not be liable for direct, indirect, incidental, consequential or punitive damages resulting from access to or use of this Site.
Posadas, its affiliate corporations and each one of its officers, directors, agents and employees in no case shall be liable for the actual and consequential damages derived or related to the use made by the User of the Site and/or its content, including without limitation, the loss of data, information or programs, damages to computers or networks, failures, delays or difficulties on telephones, electric and electronic devices, the network, internet, computers or computer components or computer programs.
Third parties, other than Posadas and the User, may have access to the content of the Site and they could change or eliminate said content without the authorization of Posadas. Posadas informs that it shall not in any event be responsible if said changes, affecting the Site content, were made by third parties without authorization.
There are no further warranties by Posadas other than those corresponding to the services rendered by Posadas pursuant to these Terms and Conditions. Posadas does acknowledge any warranties of any kind or nature other than those herein expressed. Any information that has not been provided by the agents or employees of Posadas, or by a third party authorized by Posadas or by the Site, cannot create any warranty in relation with the Terms and Conditions of the Site.
In any case the liability of Posadas cannot exceed the amount of the fees or charges paid by the Client to Posadas for the services and/or information resulting in such liability.
The services offered on the Site are the only ones authorized by Posadas, therefore the latter shall not be liable for any other product or service offered by any other third party other than Posadas which is not contained in the same.
YOU ACCEPT THAT THE USE MADE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT AND THE SERVICES PROVIDED ON THIS SITE ARE PROVIDED "AS IS ". POSADAS DOES NOT REPRESENT, WARRANT OR APPROVE ANYTHING THAT CONCERNS THE ACCURACY, RELIABILITY, UTILITY OR INTEGRITY OF THE CONTENT OF THIS SITE NOR OF ANY SITE LINKED THERETO, NOR DOES IT REPRESENT THAT THE SITE IS FREE OF ERRORS, FEE OF VIRUS, OR THAT IT IS UNINTERRUPTEDLY AVAILABLE.
Notwithstanding, Posadas shall attempt to have the most updated information in order to offer its Clients/users the greatest possible safety in the use of said information and to constantly monitor the servers to verify security.
14. Waiver of electronic liability. Posadas, and its affiliates, subsidiaries, and other related entities, and each one of its officers, directors, agents and employees shall not be deemed liable for the following: breakdowns, failures, delays or difficulties in telephones, electric and electronic devices, the network, internet, computers or computer components or computer programs. Neither shall they be deemed liable for mail, e-mail, the sending of forms, connections, messages or data capturing that have been delayed, lost, stolen, nor any of the above if illegible, incomplete, confusing, wrongly addressed, mutilated or with insufficient postage, nor for security in any of the previously mentioned cases.
Likewise, Posadas, and its affiliates, subsidiaries and other related entities, and each one of its officers, directors, agents and employees shall not be liable for erroneous for imprecise data capturing, whether caused by internet users, or by any element of the team, or by the programming associated to, or used on the Site or by any technical or human error that may occur while processing the information related to this Site.
If for any reason a certain part of the Site does not function as it should, including the case of computer virus, errors, unauthorized intervention, fraud, technical failures or any other cause outside the reasonable control of Posadas, that corrupts or affects the appropriate administration, security, fairness, integrity or direction of the Site, Posadas reserves to itself the right (but not the obligation) at its discretion to prohibit any individual (including the information of the individual) to use the Site, and likewise may cancel, terminate, modify or suspend the Site or any portion of the Site and void the information.
The users also accept that Posadas, its affiliate corporations and other related entities, including each one of its officers, directors, agents and employees shall not be liable or criminally liable/ in any manner for actual damages, losses or consequential damages to the computer of an individual that captures data, nor for interception or use of credit card information related to or resulting from Site use, or of any other Sites, services or materials linked to or related to the use of "trials" or authentic reservation mechanisms at any time. Nor shall there be liability or criminal liability/ in any manner for actual damages, losses, claims or consequential damages related to or that result from this Site, nor for the reservation mechanism, whether or not it operates on computers or networks used by the individual capturing the data or communicating with said computers or networks.
15. Links to Third Party Sites. The Web Site may contain links (hyperlinks) to web sites operated by third parties that are not Posadas or any of its affiliate corporations, such links are solely provided as reference. Posadas does not control those web sites, and does not assume liability for their content. The inclusion of hyperlinks in such web sites does imply approval of the material contained on said web sites.
16. Reservations. The Posadas reservation element on this Web Site is solely provided to assist Clients to determine the availability of products and services related to travel, and make legitimate reservations, excluding any other purpose. The User ensures that they are at least 18 years old and have legal capacity to consent to this agreement and use this Web Site pursuant to all of the terms and conditions herein contained. The User assumes financial responsibility for the use made of this Web Site (as well as for the use of their account by third parties, including but not limited to, minors who live with the User). The User agrees to supervise use of this Web Site by minors using their name or account number. The User also ensures that all information provided by them or by members of their family or by anyone in their name when using this Web Site is true and correct, without limitation and without false or fraudulent reservations. The User accepts that the authority to make reservations on this Web Site shall only be used to make legitimate reservations or purchases for the User or for any person who they have legally authorized to act in their favor. The User understands that excessive or abusive use of the authority to make reservations on this Web Site may result in denial of access to said authority.
In the case of reservations or other services that may be subject to a rate, the User accepts to be governed by the terms and conditions imposed by the purchase, including without limitation, the payment of all amounts owed in compliance with all of the rules and restrictions applicable to the availability of rates, products or services. The User shall be completely responsible for the charges, fees, duties, taxes and rates resulting from use of this Web Site.
17. Delivery of Information. If the User delivers information to Posadas by using this Site, including without limitation, registration, feed-back, questions, comments, suggestions forms and other similar cases, then the User: (a) represents and warrants that said information is complete, true and accurate, and that it possesses all rights to said information, same which is the User’s own original unpublished work, and that is not based neither totally nor partially on any pre-existing work or on the work of another person, that it does not violate or contravene in any manner any proprietary right, trademark, trade name, service mark, nor any other legislated or common law right, nor any other personal right or ownership right or interest, that said information is not abusive, obscene, profane, sexually explicit, threatening or illegal, and accepts to indemnify, defend and exonerate Posadas from liability for and against a claim of this nature and consents to waive and assign all rights to and ownership of any information, (b) acknowledges that you (not Posadas) is solely liable for any damages that result from infringement of proprietary rights, copyright or any other damages resulting from the delivery of said information and the subsequent use given to the information by Posadas; and (c) automatically grants to Posadas a world-wide right and license, royalty-free, exclusively for use, reproduction, publication, distribution or exhibition of said information (indefinitely, either totally or partially, by means of any media, now known and used, or known and used in the future), although you acknowledge that Posadas is not obligated to use, reproduce, publish, distribute or exhibit the information. Likewise, Posadas, reserves the right to monitor and review transmissions, use and information related to said use to ensure compliance with the policies of Posadas, and as a clause necessary to provide this Site and/or protect the rights and property of Posadas, it may also unrestrictedly monitor and review stored transmissions, and by this means you acknowledge and grant your consent to said monitoring. Posadas knows the secret access codes.
Posadas has full freedom to use the ideas, concepts, knowledge or techniques contained in your communications for any purpose, including without limitation, the development, production and/or marketing of products and services that incorporate said information.
18. Modification of the present Terms and Conditions. The present Terms and Conditions may be unilaterally modified by Posadas, provided that said modifications are informed on the Web Site to the Users or through the procedures established for said purpose and do not negatively affect the rights granted to Users that may have carried out transactions prior to the modification.
All modifications of the present Terms and Conditions shall be notified to the Users by sending e-mail notice or published on the Web Site, stating the date on which the modifications enter into force.
19. Headings and Sections. All titles, heading and sections of the present Terms and Conditions are used solely for ease of reference, therefore they do not affect the content or the interpretation of the same.
20. Survival of Contract. Should it be the case that a judicial or administrative authority voids a section, paragraph, or clause of the present Terms and Conditions, the remaining sections, paragraphs and clauses of the present instrument shall continue to be binding on the parties.
21. Language, Applicable Jurisdiction and Law. In case this document is written in a language other than Spanish, it is a translation and in case of discrepancy between the version in another language and the Spanish version this will be the one that will prevail. In order to resolve any controversy or conflict deriving from the present Terms and Conditions, from visiting or using the Web Site or relating to the purchase of products or services offered on the Web Site, the parties submit themselves to the applicable laws of the Mexican Republic and to the jurisdiction of the jurisdictional courts in Mexico City, expressly waiving any other venue that may correspond to them by reason of their present or future domiciles.