TERMS AND CONDITIONS
Terms and Conditions
This agreement describes the general terms and conditions (the "Terms and Conditions") applicable to the use of the services offered by FANTASTIC JOURNEYS, its affiliates and subsidiaries (the "Services") within the www. site (the "Site"). Any person wishing to access and/or use the Site or the Services may do so subject to the Terms and Conditions, together with all other policies and principles governing Fantastic Journeys, its affiliates and subsidiaries ("Fantastic Journeys").
Any person who does not accept these general terms and conditions, which are mandatory and binding, should refrain from using the site and/or services.
- OBJECT
By means of this Site, Users are granted the facilities required for them to access and use the Applications and Content available on the Site and to have access to information with respect to the travel agency services provided by Fantastic Journeys that are available with respect to the Tourist Services.
Use of the Site confers on the User the status of User and implies full and unreserved acceptance of each and every one of the provisions applicable to the Services, which are in force at the time of such access and/or use (such as rules of use, regulations, licenses of use and instructions), as determined by Fantastic Journeys and/or any third party duly entitled to exercise rights in respect of the Applications made available through the Site, whereby such rules of use, regulations, licenses of use and instructions may replace, supplement and/or modify the present instrument. These Terms and Conditions may be modified from time to time by Fantastic Journeys.
Some of the Services may be subject to special terms and conditions (hereinafter, the "Special Conditions") which, as the case may be, replace, complete and/or modify the present document. Said Special Conditions shall be made known to the User at the time he/she wishes to use such services. Consequently, the use of such services shall be subject to the terms and conditions set forth in this instrument and the corresponding Particular Conditions.
Except where expressly stated otherwise, any new applications that augment or enhance The Services, which are owned by Fantastic Journeys and/or any third party, shall be subject to these Terms and Conditions, as well as those determined by the third party.
- CONDITIONS OF USE OF SERVICES
In order to use the Services, the User must: (i) have a computer equipment that meets the minimum requirements necessary to make use of the existing applications on the Site; and (ii) have access to the World Wide Web, in which case the User shall be solely responsible for any related fees or expenses to connect to or use the Internet for the use of the Services.
The User, when using The Services, shall: (i) comply with applicable laws; and (i) immediately notify Fantastic Journeys if it becomes aware of a security problem related to The Services.
The User shall refrain at all times from using any of the information for purposes or effects other than those authorized in this instrument.
The User acknowledges and agrees that Fantastic Journeys shall not be liable for any delay, deletion, error in delivery or failure to receive any Content.
III. CONDITIONS
The use of the Services by the User implies unconditional, full and unreserved acceptance of these Terms and Conditions, including but not limited to the following conditions:
- That the User is aware of the nature of the Internet, the Terms and Conditions governing the Services and its limitations, as well as its technical qualities and response times for consulting, interrogating or transferring data and information.
- That the User acknowledges and accepts that there are social, political, cultural, economic and other phenomena that may cause at any given time that the use of the Internet may increase extraordinarily, in such a way that the conditions of operation of the Services may be affected, causing a temporary saturation that could generate slowness in the execution of the Services.
- It understands that the Internet is a network of networks, and the paralysis of another network may reduce or even prevent the execution of the Service.
- That some data circulating on the Internet are not protected and can be exposed and diverted, so that the dissemination of access codes, personal codes, bank account numbers, credit card numbers and moreover, of any confidential information by the User, will be at his own risk and under his sole responsibility.
- That the data circulating on the Internet may be subject to a regulation regarding their use or be protected by an intellectual property right, so that the User shall be solely responsible for the use of the Content and/or data that he/she consults, interrogates or transfers on the Internet.
- That Fantastic Journeys shall not be responsible for the accuracy or quality of the Content, information or services that the User may obtain or receive through the Site or the Services.
- That Fantastic Journeys shall not be liable for any damages and/or harm that the User may suffer, including but not limited to, but not limited to, loss of data, misconfiguration, delays, non-deliveries, mis-deliveries or interruption of the Service.
- That the use of any Content, information, data, etc. obtained through the Service is at the User's sole risk and responsibility.
- That the User acknowledges and accepts that any Content, information, product, service and/or application available through the Internet, other than those that are clearly and precisely identified as elements and/or Applications that form part of the Service, are provided by other users and/or third parties, and therefore it shall be the responsibility of such third parties to maintain and support their information, products, services and/or applications, and consequently the User acknowledges that Fantastic Journeys is not and shall not be liable at any time for the use, failures, loss or errors in the same.
- That it is the responsibility of the User to take all necessary measures to protect his/her property information, data and/or software from access from the Internet to his/her Computer Equipment or from contamination by possible viruses circulating on the Internet, for which reason Fantastic Journeys shall not be liable for damages caused by viruses transmitted through the Internet.
- That the Service may be discontinued at any time at the discretion of Fantastic Journeys, if the User engages in any conduct or practice that is unlawful or contrary to the provisions hereof.
The User acknowledges the use of the Internet as a public service of an international nature, and therefore understands and accepts that Fantastic Journeys is not directly or indirectly responsible for the administrative, technical or regulatory actions that third parties apply to their networks to protect the integrity of their information, content, systems, applications, users, etc.
- RESPONSIBILITY
Fantastic Journeys is not the owner of the items offered nor does it have possession of them, however Fantastic Journeys may contract with third parties (providers of transportation services, hotels, restaurants, tour guides, among others), and in this case the User hereby releases Fantastic Journeys from any liability for damages, injuries, accidents, delays or irregularities that the User may suffer, the foregoing being derived from the fact that in certain cases Fantastic Journeys will function only as an intermediary and will not provide the services mentioned herein directly to the User.
The User acknowledges that: (i) he/she will be responsible for achieving access to the Site; (ii) Fantastic Journeys will not be liable for unauthorized access to the Site through his/her Internet connection, computer equipment or mobile equipment with Internet access; (iii) the information transmitted through the Service, will be under his/her sole responsibility, and therefore expressly releases Fantastic Journeys from any liability arising from unauthorized access, theft, damage, destruction or detour of the information, files or programs owned by the User that are directly or indirectly related to the Service; (iv) Fantastic Journeys shall not be liable for any damages (including, without limitation, damages for loss of data or profits arising out of or in connection with the use of the Services or the delay or inability to use the Services or any other services); and (v) Fantastic Journeys does not warrant that the use or the results of the use of the Services will be correct, accurate, timely or otherwise reliable.
By virtue of the foregoing, the User undertakes to indemnify and hold harmless Fantastic Journeys from any lawsuit, claim or legal action that may arise from the use of the Service and/or improper use of the Site and/or the Applications referred to in these terms and conditions.
Furthermore, the User acknowledges that Fantastic Journeys may suspend the Services and/or User access at any time by law in the event that the User misuses the Site or engages in practices that are contrary to law, morality or these Terms and Conditions. The foregoing notwithstanding any action or claim that Fantastic Journeys and/or any third party may bring against the User responsible for such conduct.
- LIMIT OF LIABILITY
Since Fantastic Journeys acts solely as a travel agency and provides its Services as a booking agent only and exclusively as an intermediary and not as a supplier of the Tourist Services, Fantastic Journeys does not assume and will not assume any liability whatsoever arising out of any relationship with the User and the Suppliers. In this regard, the User releases Fantastic Journeys from any liability for any failure or default on the part of the direct Supplier or Suppliers of the Tourist Services, including without limitation any failure or default on the part of airlines, hotels, temporary lodging providers, shipping lines and all types of vessels, water sports providers, car rental agencies, transportation agencies, tour operators, tour operators, tour operators and other suppliers of the Tourist Services, including without limitation any failure or default on the part of airlines, hotels, temporary lodging providers, shipping lines and all types of vessels, water sports providers, car rental agencies, transportation agencies, tour operators, tour operators and other suppliers of the Tourist Services, transportation agencies, tour operators, diving instructors, golf instructors, swim with dolphins instructors, fishing instructors, adventure and extreme sports providers, water parks, ecological parks, and in general any failure or non-compliance on the part of all those tourist services that are provided directly by one or more Providers. Notwithstanding the foregoing, Fantastic Journeys may, at its free discretion, provide the contact details or address of the Supplier, in order for the User to exercise the respective claim or the means of claim that the User deems necessary.
Fantastic Journeys, in its capacity as an intermediary agency, does not and will not offer any guarantee on the services provided directly by the Suppliers, nor does it guarantee the financial position of the same or any reimbursement to the User occasioned by any loss incurred as a result of the financial condition of the said Supplier, including without limitation, the insolvency or bankruptcy of the said Supplier. In the event that the Supplier fails to perform any of its services, the sole remedy for reimbursement shall be made directly to the Supplier that failed to perform its services, or may apply for insurance coverage if applicable, or to any other third party, unless the foregoing failure is directly caused by Fantastic Journeys. Fantastic Journeys assumes no liability to the User and the User therefore releases Fantastic Journeys from any and all liability for acts, omissions or any type of complaint or dissatisfaction arising from the services provided by the direct service providers on the Site advertised, inasmuch as Fantastic Journeys has no control or legal relationship over their personnel, equipment, operation or assets. In those situations in which the Provider fails to provide its services the User may seek any remedy permitted by applicable law against the Provider.
In addition to the foregoing, Fantastic Journeys shall not be responsible for, and the User hereby releases Fantastic Journeys from all liability with respect to: (i) typographical errors on the Site; (ii) the veracity of the drawings, designs, sounds, videos, descriptions, texts, graphics, photographs, links, or the content of certain articles, shown on the Site, inasmuch as Fantastic Journeys has contracted third parties to provide such information (drawings, designs, sounds, descriptions, texts or photographs) and the same may not be up to date, and such information shall therefore be for illustrative purposes only; (iii) the star rating assigned to the hotels and services, as such rating is based on the interpretation of Fantastic Journeys and the Suppliers and therefore may differ from the ratings reported by other persons or tour guides; (iv) the descriptions of the travel services, as these may be modified by the Suppliers; (v) the failure of the User or third parties designated by the User as beneficiaries of the Tourist Services to obtain, carry or deliver the required documentation for their trip, including, but not limited to, tickets, reservation certificates, passports, visas, etc. (vi) failure by the User or third parties designated by the User as beneficiaries of the Tourist Services to comply with travel instructions including, but not limited to, airport departure times, hotel check-in and check-out times and dates, voucher redemption policies, Supplier regulations, etc; (vii) the lack of financial conditions on the part of the Supplier to provide the Tourist Service; (viii) with respect to the terms and conditions or policies and regulations of the Suppliers; and (ix) any other claim, cost, expense or loss that the User may suffer during the provision of the Services or the Tourist Services due to causes not directly attributable to Fantastic Journeys.
There is a possibility that the validity of some prices may have expired or come from information erroneously provided by the Suppliers with which our database is fed. In the event that the correct price is less than the quantity quoted, Fantastic Journeys will apply the lower amount. In the event that the correct price is higher than the amount quoted, the staff of Fantastic Journeys will contact the User in a timely manner, informing him/her of the correct amount or registering the cancellation of the reservation at his/her request because he/she does not agree with the increase in price, expressly releasing Fantastic Journeys and its Suppliers from any liability or payment of compensation for inconveniences caused by such cancellation. In the event that the services contracted cannot be provided in whole or in part by the Supplier, Fantastic Journeys may only on certain occasions arrange on behalf of the User the reimbursement of the appropriate amount, Fantastic Journeys being released from any liability or greater commitment in cases where the total or remaining amount is not reimbursed by the Supplier.
- ACTS OF GOD AND FORCE MAJEURE. In the event that any of the Tourist Services cannot be provided in whole or in part, or have to be cancelled, interrupted and/or postponed by Fantastic Journeys arising from any event or circumstances beyond the control of or not attributable to Fantastic Journeys, including, without limitation, war, acts of terrorism or other national emergency, civil commotion, fire, explosion, flood, hurricane, epidemic, pandemic, or other phenomenon of nature; prolonged general strikes affecting the total activity of any of the Parties, any injunction, decree, order, law or regulation of any public authority, Fantastic Journeys will merely arrange on behalf of the User, the reimbursement of the amount corresponding to the service not provided before the corresponding Supplier, Fantastic Journeys being released from any liability or major commitment in cases in which the reimbursement for the total or remaining amount is not reimbursed by the Supplier. In any case, at the discretion of Fantastic Journeys, 10% of the total amount paid for the reservation may be retained as an administrative charge.
VII. PROPIEDAD INDUSTRIAL
The content available on the Site (including, but not limited to, trademarks, designs, logos, material images) are the exclusive property of Fantastic Journeys and/or its subsidiaries and/or affiliates, and are protected by the laws and treaties in force on industrial and intellectual property, and the User is not authorized to copy, remove, commercialize or perform any act intended to register or obtain ownership of the intellectual property rights contained on the Site, except with the prior written authorization of Fantastic Journeys.
In addition, the software and applications on the Site are owned or licensed by Fantastic Journeys and/or its subsidiaries and/or affiliates and should never be used outside of the Site.
VIII. UNACCEPTABLE USE
Without prejudice to the provisions of other sections of this document, the User acknowledges and agrees that he/she may not use the Site in the following cases:
- In case the use of the Site represents a violation of any national or international legislation.
- To transmit or attempt to post materials from the Site without the express written permission of Fantastic Journeys.
- MALICIOUS CODE, HACKING AND OTHER OFFENSES
Under no circumstances should the User intentionally introduce elements into the Site that may hinder its operation, obtain information from our partners and users, or attempt to access the server, database or computers where we store private information on the Services. In the event of any of these activities, the User will be liable for payment of any damages that Fantastic Journeys may suffer, without prejudice to the possibility of being, in the opinion of Fantastic Journeys, denounced before the competent authorities, whether national or foreign.
We will not be liable for any loss or damage caused by the activities of any third party or other users of the Site. Likewise, we are not responsible for any damage to your computer equipment, software, or data that may result from your use of the Site.
- X. LINKS TO THE SITE
The User must not link any web page to ours, unless there is prior, written and specific authorization from Fantastic Journeys.
The Site may contain linked sites, such as hyperlinks, banners, buttons, directories and/or search tools, among others ("Linked Sites") that allow you to access third party sites that are not owned or operated by Fantastic Journeys, Fantastic Journeys is not responsible for the availability of the material, accessibility or continuity of the Linked Sites, for the maintenance of the services, information, data, files, products and any kind of existing material and for the obligations and offers existing on such Linked Sites.
In addition, the Site contains links to certain social networking sites and specifically to accounts within such social networking sites managed by Fantastic Journeys; the User acknowledges that such pages are solely for the informational and social media use of Fantastic Journeys, and Fantastic Journeys shall not be responsible or liable for any content, information, third party postings, comments, photographs, videos, trending topics, or any other material outside the scope of the direct administration of Fantastic Journeys, nor for any material which, shared on such social networking sites by the User or any third party and outside the administration of Fantastic Journeys, may violate any intellectual property rights. The User is responsible for the use that may be made of such sites, and therefore, the User releases and holds harmless Fantastic Journeys from any liability incurred by any misuse or malicious use of such sites, or for postings, information, comments, and other material that may be offensive, insidious, misleading, pornographic, or that may incite violence, rebellion, strikes, or any activity not permitted by law or morality.
Fantastic Journeys, its subsidiaries and/or affiliates do not control, approve or endorse the services, information, data, files, products and any kind of material on the Linked Sites. Consequently, the User should exercise extreme caution in evaluating and using the services, information, data, files, products and any kind of material on the Linked Sites.
Derived from the foregoing, the User acknowledges and accepts that Fantastic Journeys, its subsidiaries and/or affiliates are excluded from any liability for damages that may be caused or have been caused by the accuracy of the information or quality of the services found on the Linked Sites.
- XI. INDEMNITIES
Without prejudice to any criminal or civil liability that may be applicable and or other penalties referred to herein, the User shall indemnify Fantastic Journeys against: (i) any loss, or damage, or cost incurred by Fantastic Journeys in the event that the User misuses, attacks, installs a virus, damages or alters the information posted; (ii) any loss, or damage, or cost incurred by Fantastic Journeys in the event that the User misuses, attacks, installs a virus, damages or alters the information posted, of any Linked Site; (iii) in the event that he/she uploads illegal, amoral, false or unauthorized third party information to the Site.
Likewise, in the event that any criminal or civil liability may arise against the User, the User hereby acknowledges and accepts that all information provided to Fantastic Journeys will be provided to the competent authorities, national or foreign.
JURISDICTION AND APPLICABLE LAW
For the interpretation, execution and fulfillment of this document of terms and conditions the parties accept the application of the Civil Code for the Federal District and other applicable laws in such entity and submit to the jurisdiction and competence of the courts of Mexico City, Federal District, waiving any other jurisdiction that may correspond to them by reason of their present or future domiciles.
LEGAL NOTICE
All rights reserved
It is strictly forbidden to use, copy, reproduce, reproduce, distribute, publish, transmit, broadcast, or commercially exploit any of the contents, photographs, logos, images, html, codes published on this site.
The use of the contents of this site shall be solely personal and non-commercial. No other use is permitted. You may not, including but not limited to, reuse the material for publication in any other media, particularly on any other Internet site.
Fantastic Journeys is not responsible for the content of External Sites.