Travelingos - Terms and Conditions
1. These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and the travelingos.com, concerning your access to and use of our websites as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).
2. You agree that by accessing the Site and using resources provided therein, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions or have no legal capacity to be bound to them, then you are expressly prohibited from using the Site and resources provided therein, and you must discontinue the use immediately.
3. These Terms and Conditions, your use of the Site, as well as contracts concluded with us are governed by and construed in accordance with federal laws of the United Mexican States. Those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
4. All orders placed through the Site are subject to conditions specified on the order page and below.
5. This Site is a platform serving to help you arrange your travel. Basing on your request and details, including travel preferences and your location, we provide you with travel suggestions, tips, and assistance, helping you to make the right choices from the moment you plan your vacation through the travel itself, until the end of your trip (“Services”).
6. To use our Services, you shall place an order through the Site using one of the available payment methods, or contact us directly, where applicable. Payment processing companies are separate entities and after selecting their payment method, you may be subject to their terms and conditions they provide.
7. Any agreements aimed at fulfilling our travel suggestions, in particular booking transportation, accommodation, and tours, shall be made separately between you and their provider.
Refund & Claims Policy
8. If you are a consumer, after ordering our Services, you can claim a full refund within 14 days from placing the order, without stating the reason. However, if you decide to use our services before this period, you lose your refund right.
9. To exercise your right to refund, simply contact us using contact details indicated in para 1 above and provide us with the following information:
– Addressee: travelingos.com.
– I, (your name), inform you that I am exercising my right to refund and withdraw from the following services (please list the ordered services).
– Order date: (…).
– Consumer’s name and surname.
– Consumer’s address.
– Consumer’s signature (if you contact us in writing).
10. Consequences of withdrawal from the contract: In the event of exercising the full refund right by withdrawal from a specific order, we will refund all payments received from you, including delivery costs (except for additional costs resulting from the method of delivery chosen by you other than the cheapest standard delivery method offered by us), immediately and in any case, no later than 14 days from the date on which we were informed about the decision to exercise the right to withdraw from this contract. Refunds will be made using the same payment methods that were used in the original transaction unless expressly agreed otherwise; in no event will you incur any fees related to this refund.
11. Any other complaints shall be directed to the address indicated in para 1 above, either via electronic or traditional mail. Your complaint should include:
– Your name and surname.
– Your correspondence & e-mail address.
– Complaint description (e.g. why and to what extent the Service had not been delivered properly).
– Expected state of things after successfully resolving your complaint.
12. We might ask you to clarify or complete your complaint within a specified period, no shorter than 7 days, by stating the extent to which we require clarification or additional information. After the expiry of the designated deadline, the complaint shall not be considered.
13. We are not a party to agreements made between you and other entities, including airlines, hotels, tour operators, etc. You are obliged to check the refund & claims policies separately for each entity you enter into a contract with.
Intellectual Property Rights
14. Unless otherwise indicated, the Site, all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United Mexican States, foreign jurisdictions, and international conventions.
15. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions or in any other binding agreement with us, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
16. Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use unless stated otherwise. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.
17. By using the Site, you represent and warrant that:
• All information you submit will be true, accurate, current, and complete.
• You will maintain the accuracy of such information and promptly update such registration information, as necessary.
• You have the legal capacity, and you agree to comply with these Terms and Conditions.
• You are not a minor in the jurisdiction in which you reside.
• You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise.
• You will not use the Site for any illegal or unauthorized purpose.
• Your use of the Site will not violate any applicable law or regulation.
18. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
19. Whenever you register with the Site, you agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
20. The Site may invite you to chat, contribute to, or participate in platforms, blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”).
21. The Contributions mentioned above cover any communication made through the Site, as well as other data you provide to us by any other means.
22. Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
• the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
• you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms and Conditions.
• you have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms and Conditions.
• your Contributions are not false, inaccurate, or misleading.
• your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
• your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
• your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
• your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
• your Contributions do not violate any applicable law, regulation, or rule.
• your Contributions do not violate the privacy or publicity rights of any third party.
• your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
• your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
• your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
• your Contributions do not otherwise violate or link to material that violates, any provision of these Terms and Conditions, or any applicable law or regulation.
23. Any use of the Site in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Site.
24. By posting your Contributions to any part of the Site, or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
25. This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
26. We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site.
27. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
28. We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
Modifications and interruptions
29. We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time.
30. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
31. We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.
32. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site.
33. Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
34. Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the United Mexican States, and the Parties hereby consent to and waive all defenses of lack of personal jurisdiction and forum non-conveniens with respect to venue and jurisdiction in the United Mexican States.
35. There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
36. The site is provided on an as-is and as-available basis. You agree that your use of the site and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connections with the Site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the Site’s content or the content of any websites linked to the site and we will assume no liability or responsibility for any:
(1) errors, mistakes, or inaccuracies of content and materials,
(2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site,
(3) unauthorized access to or use of our secure servers or all personal data or financial information stored therein,
(4) interruption or cessation of transmission to or from the site,
(5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party, and/or
(6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the site. We do not warrant, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you any third-party providers of products or services.
37. As with making transactions through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
Limitations of liability
38. To the fullest extent permitted by law, in no event will we directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Site and our Services, even if we have been advised of the possibility of such damages.
39. You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Site and Services; (3) breach of these Terms and Conditions; (4) any breach of your representations and warranties set forth in these Terms and Conditions; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site.
40. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
41. Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
42. These Terms and Conditions and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.
43. These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
44. If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.
45. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site. You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them.
46. You hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.
47. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes to these Terms and Conditions, using the e-mail address you provided. If you do not agree with the updates to these Terms and Conditions, let us know within 7 days of receiving an alert. Lack of timely objection means you agree to the new version Terms and Conditions.
48. These Terms and Conditions remain binding until you have a valid account on our Site and until you pay us all the remaining fees, commissions, and remuneration, 2 years after that date, and later – to the extent implied by the nature of rights and obligations created under these Terms and Conditions, in particular until the end of limitation periods for any legal claims.
49. The Parties may agree to earlier termination of the Terms and Conditions.