Terms and Conditions

Your use of the Site www.xolumado.com belonging to "Playa Dorada Generation", S.A. of C.V. (hereinafter "Xolumado"), is expressly conditioned to the acceptance of the terms and conditions stipulated herein, stating your consent with them. "Xolumado" reserves the right to add, delete or modify them in whole or in part at any time. Any addition, deletion or modification to the terms and conditions will take effect from the moment they are updated and published on this site.

1. USE OF THE SITE

To use this site, according to these terms and conditions, "Xolumado" provides you with a limited, non-transferable, revocable license to make and / or purchase legitimate reservations, and cannot be used for any other purpose, and must refrain from making any speculative, false or fraudulent reservation. This site and its content, such as: texts, paragraphs, statements, specific combination of words, letters or phonetic elements, graphics, button icons, brands, logos, graphic design works, photographs, commercial notices, patents, commercial method, specific combination of colors and shapes, editorial material, printed formats, search formats, digital downloads, data compilations, source codes, software, are the exclusive property of "Playa Dorada Generation", S.A. of C.V. or it has all the licenses and authorizations for such use, therefore the client cannot copy, reproduce, republish, upload, modify, transmit, or distribute or in any way alter said content, except in the following cases: (a) in which the client downloads to view and print the material that is contained in this site or (b) download or print the material that is sent to your email by "Xolumado". In both situations, the client may only and exclusively use it for their personal use.

As a condition of using this website, the client guarantees that:

a. He/she is at least 18 years or age.
b. He/she has the ability to enter into a binding agreement and contract.
c. He/she will use the site in accordance with the terms and conditions.
d. He/she will only use the site to make reservations on his/her behalf or on behalf of a person for whom can act on his/her behalf.
e. He/she will be responsible for the terms of use that apply to reservations made on behalf of third parties, including any rules or restrictions.
f. All the information you provide to the site is true, accurate, complete and current.

2. RESERVATION POLICY

The rates published on this site are valid only on the day of your quote and are subject to change without notice. The rates shown are guaranteed at the moment of receiving the corresponding payment. All reservations are subject to availability. A reservation is considered completed, when the client has a confirmation number and the corresponding charge has been applied. By booking online or by telephone you authorize the use of the credit card number you provide to make the payment, expressly confirming to know and accept our reservation, payment, disclaimer and cancellation policies. All changes to a reservation are subject to availability and re-quotation of rates. You need to print your reservation voucher and present it when you claim the services you reserve. These policies also apply to cancel reservations made in fixed payments.

3. PAYMENT POLICY

We accept Visa, MasterCard and American Express as a form of payment. If you prefer to pay by bank transfer, contact our Call Center.

The amount corresponding to the reservation will be immediately charged to your credit card. Rates shown in Mexican pesos will be charged in Mexican pesos. Rates shown in dollars, currency of the United States of America, will be charged in that currency, for transactions with Visa and MasterCard. For transactions with American Express the rate in US dollars will be converted to Mexican pesos at the exchange rate in effect on the date of the transaction. This conversion may cause the amount that will appear on your credit card statement to show a variation of up to 5% below or above the international fluctuation of currency exchange rates. "Playa Dorada Generation", S.A. of C.V. is not responsible for this fluctuation and by accepting this policy you acknowledge having been informed about this fluctuation in the exchange rate and agree that the charge with American Express cards is made in Mexican pesos.

4. RESPONSIBILITY POLICY

"Playa Dorada Generation", S.A. of C.V. observes and is strictly bound by the provisions of the General Tourism Law, the Federal Consumer Protection Law and other applicable legislation, for the services it renders as an intermediary between the client and the provider of the goods and services published on this website. "Playa Dorada Generation", S.A. of C.V. establishes commercial negotiations within its own quality and service standards, such as, but not limited to; lodging, ground transportation, air transportation, food, beverages, tours, choosing only the most qualified and most prestigious suppliers in the market.

By this means the client authorizes "Playa Dorada Generation", S.A. de C.V., to act as mediator in the hiring of the different services chosen, to design its package.

The commercial mediation service is carried out directly by "Playa Dorada Generation", S.A. of CV, from its operations center located in the City of Cancun, Quintana Roo, using its technological platform, regardless of the way in which the purchase is made, whether through the Internet, customer service points, telephone service or any other form of contact. “Playa Dorada Generation”, S.A. de C.V. declares that:

• The photographs shown on its website are for representative purposes and do not guarantee that upon arrival everything is exactly the same as it is described in them.

• The descriptions of the travel services are updated by "Playa Dorada Generation", S.A. of C.V. constantly but does not guarantee that everything will be exactly the same as your arrival.

• "Playa Dorada Generation", S.A. de CV, reserves the right to limit access or permanence to any person or client, when it considers that it has violated, violates or violates any provision that goes against the regulations and / or laws in force that put at risk their healthy coexistence and stay.

5. LIABILITY DISCLAIMER

"Playa Dorada Generation", S.A. of C.V. will not assume responsibility for any claim, cost or expense caused by personal or third party injuries, accidents or death, loss or damage of personal objects, lack of fun, anger, disappointment, anguish or frustration (whether mental or physical) that results from any of the following causes:

• Acts or omissions of anyone other than "Playa Dorada Generation", S.A. of C.V. or their employees.

• Illness, theft, labor disputes, strikes, mechanical failures, quarantine, government actions, weather conditions, or any other cause beyond the direct control of "Playa Dorada Generation", S.A. of C.V.

• Impossibility of the client to travel for not having the required documents such as, but not limited to, valid passports, visas, personal identification, prescriptions or medical documents and certificates. "Playa Dorada Generation", S.A. of C.V. is not responsible to the client or any third party for any lack of personal documents from the client.

• Customer's failure to follow instructions including, but not limited to, departure times for flights, time and date of entry and exit at hotels, and coupon redemption policies.

• Cancellation or change for any reason of the travel services offered and contracted by the client. "Playa Dorada Generation", S.A. of C.V. reserves the right to cancel or change the published services, but will try to replace them with similar services. If a reservation must be cancelled, the responsibility of "Playa Dorada Generation", S.A. of C.V. will be limited to the refund of money paid by the client.

• There are no full refunds in situations in which the trip has to be canceled, interrupted or postponed by "Playa Dorada Generation", S.A. of C.V. for reasons beyond their control (causes of force majeure, such as, but not limited to, climatic conditions, hurricanes, earthquakes, strikes, wars, acts of terrorism, etc.) and in which the contractual obligations of "Playa Dorada Generation ", SA of C.V. with your suppliers do not allow you to obtain reimbursement of the amount paid or to be paid to the provider on behalf of the client. In these cases "Playa Dorada Generation", S.A. of C.V. reserves the right to withhold a percentage of the total amount paid for the reservation as an administrative expense.

• Although rates are constantly updated, in remote cases there is the possibility of changes in rates without prior notice due to contingencies or causes of force majeure. In these cases, the provider may not have a way to quickly update the rates. "Playa Dorada Generation", S.A. of C.V. makes periodic reviews where it is possible that there are differences between the price paid for the reservation and the price required to use the service. In case of changes in the rates, if this results in a lower price, that price will be charged and the difference will be refunded. If it results in a higher price, one of our Travel Advisors will contact the customer and inform about the change. In case of a disagreement, "Playa Dorada Generation", S.A. of C.V. will reimburse 100% of the amount paid, but will not be held responsible for any complaints or inconveniences arising from the change of rates or the cancellation of the reservation.

• "Playa Dorada Generation", S.A. of C.V. will not assume any responsibility and the customer releases any liability for any claim, cost, expense or loss that the client may suffer including any personal injury or third party, accident or death, damage to personal belongings, loss of entertainment, anger, disappointment, anguish or frustration, either mental or physical, provided that they are the result of:
• Any failure or failure by the direct supplier in providing the service.
• Any failure or lack by the client at the time of enjoying the contracted services.
• Any failure or failure of the client to observe or comply with the terms and conditions, policies, instructions, recommendations, security measures, etc. of the final service providers
• Cases of force majeure or fortuitous cases such as: strikes, delays, earthquakes, wars, hurricanes, snowfall, etc. (that are not attributable to "Xolumado").
• Acts or omissions of any other person that is not "Xolumado". Illness, theft, labor disputes, mechanical failures, quarantine, government actions, weather, or any other cause beyond the direct control of "Xolumado."
• At the insistence of the client to carry out any type of trip, tourist activity, tour, excursion, take any type of air, land, sea and any type of transportation, under precarious health conditions or that are not optimal for the development of such activities, as well as the development by The Client of any type of extreme sports or activities that may involve any danger and that were carried out under his / her entire knowledge, or when he / she suffers from some kind of illness, medical condition, disability, some type of allergy, find under medical medication or prescription, indications of rest and / or all those medical conditions that at your own risk were omitted and that could result in a deterioration of your health at the time of performing said activities under cause, under such circumstances always will be considered were made at your own risk, freeing the client to "Xolumado" respect and any complaint, claim, complaint, disagreement, reward, compensation, compensation, courtesy, etc., arising from any incident caused during the development of any service or activity and any future event arising from the initial incident for any of these causes. Any other event that is not under the direct control of "Playa Dorada Generation", S.A. of C.V.

6. LINKS

The site may contain links or hyperlinks to sites operated by third parties other than "Xolumado". These hyperlinks are only provided as a reference. "Xolumado" does not control those sites and is not responsible for the content, privacy and other practices of such sites. Inclusive, it is up to the client to take precautions so that the links that he selects or the software he downloads (either from the site or other sites), are free of elements such as computer viruses, worms, Trojan horses, defects and other elements of a harmful or destructive nature.

The fact that hyperlinks are included to other sites does not mean that "Xolumado" sponsors the content or materials of these sites or that it has an association with the operators of the referred sites.

7. SITES: FACEBOOK, TWITTER, YOUTUBE

This site contains links to various social networks, including Facebook with username: Facebook.com/xolumado, and the social network of Instagram with username: Instagram.com/xolumado, said accounts are administered by "Xolumado"; the client acknowledges that said pages are exclusively for informational use and social dissemination of "Xolumado".

"Playa Dorada Generation", S.A. of C.V. will not be responsible for the content, information, publication, comments, photographs, videos, content of third-party hashtags, or any other material outside the scope of its administration, nor for the material shared on such social sites by the client or any third party outside of his administration. The customer is responsible for the use that can be given to such sites, and from now the customer releases all responsibility to "Playa Dorada Generation", S.A. of C.V. for any improper or malicious use that could be made of them, or for publications, information, comments, and miscellaneous material that could be offensive, insidious, erroneous, pornographic or that could incite violence, rebellion, strike, or any activity not allowed by the Law and good customs.

8. TRUE INFORMATION

The client acknowledges and accepts his total obligation and responsibility to provide truthful and correct data on the ages, sex, names or surnames both of him and of the other clients and / or users that accompany him or who commission him to make use of this site , as well as the data and complete information for the formation of the itinerary and the reservation of terrestrial and maritime services (hotels, visits, rental cars, restaurants, cruises, etc.) releasing "Xolumado" from any responsibility for itinerary changes generated by poorly provided data, or by any error in the data provided by the client for the issuance or purchase of tickets such as age, sex, names, surnames, dates, payment methods, routes, schedules, classes, categories, special conditions, etc., adhering in their case to the cancellation clauses expressed in these Terms and Conditions.

9. TRANSFER CANCELLATION POLICY

1. The penalty for cancellations made one (1) day prior to the date of transfer will be 100% of the total cost of the reservations.
2. Cancellations made two (2) days or more prior to the date of transfer will not be penalised.
3. A total refund of the complete amount paid will apply in the following cases:

a) When the service is cancelled by the service provider and in its terms and conditions is applicable.
b) Due to illness (presenting a certificate from a local doctor).

4. In the event of not showing up for the service the penalty will be 100% of the total cost of the reservations.

10. CANCELLATION POLICY FOR EXCURSIONS

A refund will be made for the service when:

• The service is cancelled by the supplier.
• Due to illness, evidenced by a medical report.
• Cancellations or changes to the date of travel are made prior to 11:00 a.m. the day prior to the service.

Refunds will not apply in the following cases:

• If the client fails to show up on the date and time of the service.

11. PRIVACY

The client declares that he has read the Privacy Notice of "Playa Dorada Generation", S.A. of C.V. the terms incorporated in it, and agrees that the terms of such policy are reasonable.

The client consents in which his personal information is used by "Playa Dorada Generation", S.A. of C.V. and / or by its third party suppliers and distributors for the purposes set forth in said Notice.


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