TERMS AND CONDITIONS OF USE OF THE WEBSITE
INTRODUCTION AND ACCEPTANCE
These Terms and Conditions of Use (hereinafter the “Terms and Conditions”) regulate the use and enjoyment of the website www.aquasafari.com (hereinafter the “WEBSITE”) and the electronic services offered through it.
Individuals (hereinafter, “You”, the “USER” or the “USERS”) who access and/or make use of the WEBSITE by viewing, browsing, consulting, transmitting information, requesting information, requesting services, receiving information, quoting services, contracting services or otherwise using or taking advantage of the WEBSITE or its contents, accept these Terms and Conditions and any other policy or contract identified herein or that are necessary to provide the services requested by the USER. If You do not agree to these Terms and Conditions, You must leave the WEBSITE and refrain from using any of its functionalities or services.
All expressions used in these Terms and Conditions that are not expressly defined shall be understood in accordance with their use on the internet and in the telecommunications industry.
HOTELERA PALACE RESORTS, S. DE R.L. DE C.V., (hereinafter “AQUA SAFARI®”) is the owner of the WEBSITE and holder of all Intellectual Property rights associated with the same.
PURPOSE AND SCOPE OF APPLICATION
These Terms and Conditions shall be applicable to any action carried out by a USER within the WEBSITE that allows him/her to view, browse, consult, transmit information, request information, request services, receive information, quote services, contract services or use and take advantage of the WEBSITE and its contents in any other way.
The section headings used in these Terms and Conditions are for guidance only and have no legal or contractual effect. Access to the WEBSITE or the contents published herein may be illegal for certain persons or in certain countries. USERS who access the WEBSITE do so at their own risk and are responsible for complying with the laws of the jurisdiction in which they are located. AQUA SAFARI® failure to exercise its rights, or delay in doing so, should not be considered as a waiver by AQUA SAFARI® of its right to exercise or enforce legal remedies or measures that may correspond to a current or future right. The partial exercise of any right, action or remedy on behalf of AQUA SAFARI® under these Terms and Conditions shall not prevent the subsequent full exercise thereof. AQUA SAFARI® forbearance of any breach on a specific occasion shall not constitute or imply acceptance or forbearance of a subsequent breach.
MINORS
The WEBSITE is not directed to minors (those persons under 18 years of age) and AQUA SAFARI® does not allow the use of the WEBSITE by such minors. By using the WEBSITE, the USER acknowledges and agrees that he/she is a person of legal age according to the jurisdiction of his/her location. Parents, guardians or any adult responsible for supervising the acts of a minor shall be responsible for the acts of such minor resulting in damages or losses caused to AQUA SAFARI® by the use of this WEBSITE.
PERSONAL INFORMATION
The personal information of USERS who use the WEBSITE to purchase any of the services offered by AQUA SAFARI® will be processed in accordance with our applicable Privacy Notice: https://www.aquasafari.com/private-notice
Personal information provided by USERS will not be disseminated or transferred to other third parties outside the organization at any time and under any modality, except with the express consent of the USERS or in application of the exceptions provided by the applicable regulations, which permit and order the transfer of such personal data without the consent of the USER.
When USERS provide their cell phone number, they agree to receive text messages, multimedia messaging on their cell phone, including messages regarding services and promotions. Third party entities that provide services such as text or SMS messages, or multimedia messaging on our behalf, may also access your personal information to provide these services. These third party entities will be contractually obligated to treat your information in accordance with our current Privacy Notices. USERS may opt-out of receiving multimedia or SMS messaging from us at any time by replying to the multimedia or SMS messaging message with the word “STOP” or by sending an email to derechosarco@palaceresorts.com
AQUA SAFARI® has organizational and technical security measures in place to prevent possible security breaches of the WEBSITE. However, AQUA SAFARI® cannot guarantee the absolute security of the WEBSITE against attacks by third parties or as a result of the lack of continuity of the services provided by third parties.
DESCRIPTION OF SERVICES
Through the AQUA SAFARI® WEBSITE, USERS may access information about: (I) Aquatic services (II) Travel packages (II) Destinations and resorts (III) Event planning services (IV) Restaurants (V) Benefits and Offers for our USERS (VII) Multimedia galleries (networks, photos, videos and virtual tour) (VIII) Travel tips
RATES AND DISCOUNTS
The rates of the services available to USERS are not fixed and are subject, among other factors, to the service providers who perform the services and the travel season chosen by the USER.
Our current rates, cancellation policies, reservation guarantees and discounts will be published on the WEBSITE.
CURRENCY CONVERSION
Conversion rates are based on publicly available sources and should be used as guidelines only. Room rates are guaranteed in U.S. dollars only. Currency quotes are not updated daily. Currency information provided by this WEBSITE is believed to be accurate, but AQUA SAFARI® makes no warranties or guarantees as to such accuracy.
USERS’ RIGHTS
USERS have the right to choose the quantity and quality of products and services provided by AQUA SAFARI®. However, AQUA SAFARI® products and services are provided “as is”; therefore, such products and services are subject to quantity or quality availability and commercial capacity.
INTELLECTUAL PROPERTY AND USE RESTRICTIONS
“AQUA SAFARI®”, “GRUPO PALACE RESORTS®”, “PALACE RESORTS®”, “CEDIS PALACE RESORTS®”, “MOON PALACE®”, “MOON PALACE CANCUN®”, “MOON PALACE GOLF & SPA RESORT®”, “MOON PALACE GOLF ACADEMY®”, “MOON PALACE THE GRAND - CANCÚN®”, “MOON PALACE NIZUC®”, “MOON PALACE SUNRISE®", “COZUMEL PALACE®”, “BEACH PALACE®”, “SUN PALACE®”, “PLAYACAR PALACE®”, “MOON PALACE JAMAICA®”, “MOON PALACE JAMAICA AWE INCLUSIVE®”, “LE BLANC SPA RESORTS®”, “LE BLANC®”, “LE BLANC SPA RESORT CANCUN®”, “LE BLANC SPA RESORTS LOS CABOS®”, “PALACE ELITE®”, “RIVIERA CANCUN GOLF AND RESORTS®”, “PALACE PRODUCTIONS®”, “AWE SPA®”, “AWE PRINCESS BY AWE SPA®”, “PLAY ROOM®”, “WVT WORLD VACATION TRAVEL®”, “BAGLIONI®” y “BAGLIONI HOTELS®” are reserved trademarks of services or products that are registered, or are being registered before the corresponding authorities (hereinafter “registered trademarks”) owned by HOTELERA PALACE RESORTS, S. de R.L. de C.V., OPERADORA PALACE RESORTS (JA.) LTD., PALACE ELITE RESORTS, S.A. DE C.V., PR GLOBAL RESERVATIONS, LLC., BAGLIONI HOTELS S.P.A., and/or any of its affiliates.
The domain www.aquasafari.com, as well as the contents of the WEBSITE (texts, images, logos, videos, graphics and any others), in any format, are owned by AQUA SAFARI®.
AQUA SAFARI® considers the compilation of links to internet resources, the description of such resources and the information published on the WEBSITE to be copyrighted material. USERS are not authorized to copy, physically or logically reproduce, or modify any part of the WEBSITE. The name of AQUA SAFARI® and its registered trademarks, patents and copyrighted material may not be used in advertising or publicity without the specific, prior written permission of AQUA SAFARI®. AQUA SAFARI® reserves the right to bring civil, criminal or administrative actions arising from improper or unauthorized use of this WEBSITE, including infringement of its registered trademarks.
The above is understood with the exception of those cases in which, in these Terms and Conditions, in the particular conditions of specific services, or in any other place of the WEBSITE, another condition is stated for a specific content or category of content.
All Intellectual and Industrial Property rights on the contents and/or services are reserved in favor of their respective owners, whether AQUA SAFARI® or third parties that have granted the appropriate authorizations.
The data and information originated through the WEBSITE as part of the services provided to the USERS, such as description of the services, dates, destinations, resorts, offers, restaurants, event planning, travel tips, and/or any other information or data related to a service contracted through the WEBSITE, may be used by the USERS for the specific purposes related to such information.
AQUA SAFARI® reserves all copyrights on the content, organization, compilation, information, logos, photographs, images, videos, programs, applications and, in general, any work contained or published on the WEBSITE and other services are protected in accordance with applicable local or international legislation on Intellectual Property.
To the extent that this WEBSITE provides interactive functionalities that allow USERS to submit information or data, You expressly acknowledge that You may not upload, distribute or otherwise publish through the WEBSITE any content that is illegal, defamatory, obscene, threatening, offensive, harmful, invasive of privacy or publicity rights, abusive, or otherwise objectionable and that may constitute or encourage a criminal or administrative offense, violate the rights of any third party, or otherwise give rise to liability or non-compliance with laws.
When You upload or submit legal materials through the WEBSITE, You automatically grant us (or indicate that the owner of such rights has expressly granted us) perpetual, royalty-free, irrevocable, non-exclusive rights and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such materials or incorporate them in any way.
IDEA SUBMISSIONS
AQUA SAFARI® does not accept unsolicited marketing, advertising or product ideas. USERS should refrain from submitting material or ideas to the WEBSITE, including creative material of any kind. In the event that You submit material or content to this WEBSITE, any liability or damages arising from such action shall be solely your responsibility.
ADVERTISING
AQUA SAFARI® constantly reviews the information made available to USERS through the WEBSITE, in order to ensure that it is truthful, verifiable, clear and sufficient with respect to the characteristics of the services offered by AQUA SAFARI®.
THIRD PARTY ADVERTISING
AQUA SAFARI® is independent of third party sponsors or advertisers whose information, images, advertisements and other advertising or promotional material may be posted on the WEBSITE.
Links to other sites that we believe may be of interest are provided solely for your convenience. The provision of such links does not mean that we endorse, sponsor or recommend such sites or the materials distributed by them or the services they provide, and we are not responsible for the materials and content on any other site, related to or originating from such site.
DISCLAIMER AND LIMITATION OF LIABILITY
The USER expressly agrees to assume all risk arising from the WEBSITE. The services, content, works and other information provided through the AQUA SAFARI® WEBSITE are provided exclusively on the information contained in said WEBSITE.
In accordance with the above, the USER accepts that the use of this WEBSITE is done at his/her own risk. The materials on this WEBSITE are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law in your jurisdiction, AQUA SAFARI® disclaims all warranties, express or implied, including without limitation, implied warranties of merchantability and fitness for a particular purpose. AQUA SAFARI® does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this WEBSITE or the server that makes it available are free of viruses or other harmful components. AQUA SAFARI® does not warrant or make any representations or warranties regarding the use or the results of the use of the materials on this WEBSITE in terms of their correctness, accuracy, reliability or otherwise. You (and not AQUA SAFARI®) assume the entire cost of all necessary servicing, repair or correction. The law of your country of residence may not allow the exclusion of implied warranties, so the above exclusion may not apply to You. AQUA SAFARI® cannot guarantee to the USERS that the WEBSITE, content, works and information will meet the requirements or expectations of the USER, nor can it guarantee the results obtained from the use of the WEBSITE, nor the accuracy or reliability of the information obtained through the same, in the understanding that the content of the WEBSITE and the rates published therein are constantly being updated.
Under no circumstances, including, but not limited to, negligence, shall AQUA SAFARI® be liable for direct, indirect, punitive, special or consequential damages, or strict liability for moral damages resulting from the use of, or the impossibility of using, the materials and content on this WEBSITE, even if AQUA SAFARI® or an authorized representative of AQUA SAFARI® has been advised of the possibility of such damages. The applicable law of your place of residence may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to You. In no circumstances the AQUA SAFARI® liability to You with respect to any damages, losses or other causes of action, whether in contract, tort (including but not limited to negligence) or otherwise, shall exceed the amount paid by You, if applicable, for the purchase of services offered on this WEBSITE.
WEBSITE MODIFICATIONS
AQUA SAFARI® may at any time and whenever it deems appropriate, at its sole convenience, make any corrections, additions, improvements or amendments to the content, presentation, information, services and other elements of the WEBSITE without giving rise to any claim or right to any claim or compensation, nor does this imply recognition of any liability in favor of the USER.
MODIFICATIONS OF THE TERMS AND CONDITIONS
AQUA SAFARI® may modify, update, extend or otherwise change the content and scope of these Terms and Conditions, at any time and at its sole discretion. In such cases we will publish the changes on the WEBSITE.
The version published on the WEBSITE shall be deemed to be the latest version of these Terms and Conditions in force; USERS should be diligent to ensure that they are aware of the latest version of these Terms and Conditions.
Therefore, USERS should review these Terms and Conditions periodically in order to keep abreast of any changes to which they may have not previously been aware. Notwithstanding the foregoing, each time the USER accesses the WEBSITE he/she shall be deemed to accept the latest version of these Terms and Conditions.
GOVERNING LAW AND JURISDICTION
AQUA SAFARI® controls and operates this WEBSITE from its offices in City of Mérida, Yucatán, Mexico. AQUA SAFARI® makes no representation that materials on this WEBSITE are appropriate or available for use in other locations. These Terms and Conditions shall be governed by and construed in accordance with the laws in force and applicable in the State of Yucatán, Mexico, without giving effect to any principles or rules of conflicts of law, and you hereby agree to accept the same by using this WEBSITE.
All disputes that may arise or are related to the access, use and enjoyment of this WEBSITE derived from its materials and content; from the visualization, navigation, consultation, request, transmission, reception, quality, precision, accuracy or reliability of the information; from the Intellectual and Industrial Property rights; and from the security, quality and technical functionality of the site; shall be governed, interpreted and executed in the courts of the City of Mérida, State of Yucatán, Mexico.
The USER expressly waives any other jurisdiction or forum to which it may be entitled by reason of its domicile, present or future, or for any other reason. If any provision of these Terms and Conditions is held invalid, it shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
COMPLAINTS AND CLAIMS
If you have any questions, complaints, comments or claims regarding the Terms and Conditions or about the services provided by AQUA SAFARI®, including costs, payment methods, refund and return mechanisms, payment and/or billing terms, you can communicate them to the following e-mail address: booking@aquasafari.com
In the event of any discrepancy between the spanish version of these Terms and Conditions and any other language version of these Terms and Conditions, the spanish version shall prevail.
Last updated: October 24, 2023