Terms and Conditions
1. Acceptance of terms and conditions
This agreement describes the terms and conditions of the services provided by XPERIENCE ALL within the website https://xperienceall.com/. XPERIENCE ALL makes available to the user information about stays in houses, condominiums, hotels, experiences, transport and / or tours. Any relative reference made on the Site or in these terms and conditions shall be deemed to extend to any of their subsidiaries, related parties or officers.
By using the services of the Site, the "GUEST" acknowledges and accepts that the following terms and conditions are mandatory and binding. You also accept and acknowledge the responsibilities arising from this agreement.
Therefore, the "GUEST" by accepting these terms and conditions acknowledges that this agreement will govern the contractual relationship between the parties, the responsibilities, and any other legal consequences that may arise from this agreement, between the "GUEST" and XPERIENCE ALL.
The "GUEST" to use the services of the Site must read and accept these terms and conditions, otherwise must refrain from using the Site. The terms and conditions set forth herein are subject to change without notice.
2. General conditions of use
I. Capacity and Legitimation
To use the Site the "GUEST" must have legal capacity to contract and acknowledges and accepts that in accordance with the laws of the country in which he performs and uses the Services of the Site, he has sufficient legal capacity to be bound by the terms of this agreement. To make use of the Site, minors must obtain prior permission from their parents, guardians or legal representatives, who will be held responsible for all acts performed by minors in their care.
XPERIENCE ALL may, at any time and without prior notice, modify the presentation and configuration of the Site, as well as these terms and conditions, and introduce new terms and conditions of use without prior notice. These modifications will be published on the Site so that the "GUEST" can know them before proceeding to their use. The use of the Site once the general conditions have been modified will mean the acceptance of said "GUEST" of the terms and conditions thus modified.
II. Obligations of the user
The "GUEST" undertakes, in general, to use the Site as well as the services linked to it diligently, in accordance with the law, morality, public order and the provisions of these general conditions and in the particular conditions that are applicable, and must also refrain from using them in any way that may prevent the normal operation and enjoyment by the "HUESPED" of the Site and the services linked to it, or that could injure or cause damage to the property and rights of XPERIENCE ALL, its suppliers, users or, in general, any third party.
The "GUEST" undertakes, among other things, in the use of the Site and the services linked to it, to:
(a) Not to introduce, store or disseminate through the Site or through any of the services linked to it any computer program, data, virus, code, or any other instrument or electronic device that is likely to cause damage to the Site, any of the services linked to it or any equipment, systems or networks of XPERIENCE ALL, of any "GUEST", of its suppliers or in general of any third party, or that otherwise is capable of causing any type of alteration or preventing the normal functioning of the same.
(b) Not to use false identities, or impersonate the identity of others in the use of the Site or any of the services linked to it, including the use, where appropriate, of passwords or access codes of third parties or in any other way.
(c) Not to hide or falsify in any way the origin of e-mail messages, not to intercept, delete or modify the e-mail messages of other users, or to send bulk e-mail messages.
(d) Not to destroy, alter, disable or damage the data, information, programs or electronic documents of XPERIENCE ALL, its suppliers or third parties.
(e) Not to use the contents and in particular the information obtained through the Site to send advertising, send messages for sales purposes or for any other commercial purpose, or to collect or store personal data of third parties.
(f) Not to introduce, or disseminate any information that is defamatory, libelous, obscene, threatening, xenophobic, incites violence, incites discrimination on grounds of sex, race, ideology or religion or that in any way violates morals, public order, fundamental rights, public freedoms, honor, privacy or the image of third parties and, in general, the regulations in force.
III. Intellectual and industrial property
The "GUEST" acknowledges that all the elements of the Site and each of the services provided through it, the information and materials contained therein, the structure, selection, arrangement and presentation of its contents and the computer programs used in connection with it are protected by intellectual and industrial property rights of XPERIENCE ALL or third parties, as appropriate.
Unless authorized by XPERIENCE ALL or, where appropriate, by the third party owners of the corresponding rights, or unless this is legally permitted, the "GUEST" may not reproduce, transform, modify, disassemble, reverse engineer, distribute, rent, lend, make available or allow access to the public through any form of public communication of any of the elements referred to in the previous paragraph. In no case shall it be understood that any license is granted or waiver, transmission, total or partial assignment of said rights is made nor is any right or expectation of right conferred, and in particular, of alteration, exploitation, reproduction, distribution or public communication on said contents without the prior express authorization of the Portal or the corresponding owners.
The "GUEST" must use the materials, elements and information accessed through the use of the Site and each of the corresponding services only for their own needs, agreeing not to directly or indirectly make a commercial exploitation of the services or the materials, elements and information obtained through them.
The "GUEST" must refrain from deleting the identifying signs of the intellectual, industrial or any other property rights of XPERIENCE ALL or of the third parties that appear on the Site and in each of the various services offered through it. Likewise, the "GUEST" must refrain from evading or manipulating any technical devices established by XPERIENCE ALL or by third parties, either on the Site, in any of the services or in any of the materials, elements or information obtained through it, for the protection of their rights.
IV. Disclaimer of Warranties
XPERIENCE ALL undertakes to carry out all necessary efforts to guarantee the availability and continuity of the Site as well as the services linked to it. However, XPERIENCE ALL cannot guarantee that the Site and the services linked to it will function correctly at all times, that the "GUEST" can access and use them quickly, uninterruptedly and free of errors. In the same way, XPERIENCE ALL does not grant any guarantee regarding the suitability and content of the Site or any of the services linked to it for the satisfaction of the specific needs of the "GUEST".
XPERIENCE ALL will act diligently according to the general uses accepted in the sector to avoid the presence on the Site or in any of the services linked to it of viruses or other harmful elements that could cause alterations in the computer system of the "GUEST", in its electronic documents, but cannot guarantee the absence of such elements, not being responsible for the damages that this may cause.
XPERIENCE ALL does not control, nor does it own, nor does it guarantee the accuracy, quality, veracity, reliability or suitability of the information and services provided or provided by third parties through the Site. Likewise, it does not control and does not guarantee the absence of viruses or other harmful elements in the contents or services provided or provided by third parties through the Site.
XPERIENCE ALL does not guarantee the technical availability, quality, reliability, accuracy or veracity of the contents and services available on sites belonging to or managed by third parties that the user can access through technical link devices ("links") from the Site. XPERIENCE ALL does not control the content of these Sites nor do they offer or market the products and services available on the websites thus linked, nor do they assume any responsibility for them.
The use of the Site is carried out at the risk of the "GUEST", therefore XPERIENCE ALL is not responsible for possible damages derived from interferences, interruptions, computer viruses, telephone breakdowns or telephone disconnections motivated by causes beyond its control; delays or blockages in the use of this electronic system caused by deficiencies or overloads in its data processing centre, telephone lines, Internet system or other electrical systems; nor of any other alteration that may occur in the Software or Hardware of the "GUESTS".
Similarly, XPERIENCE ALL will not be liable for damages caused by third parties through illegitimate interference beyond its control. Nor will they be liable for damages caused by the use or misuse of the content of the Site or for the consequences that may arise from errors, defects or omissions in the contents provided by third parties that may appear in it.
Likewise, XPERIENCE ALL will not be responsible, nor will it assume any responsibility for any damage or virus that may infect your Software or Hardware or any other property of the "HUESPED" due to the access, use or navigation you make of this Site, or for the download of any material, data, text, image, video or audio from the Site. In no event shall XPERIENCE ALL be liable for any injury, damage, loss, claim or any special, punitive, indirect, negligent, incidental or unlawful damages, resulting from (a) any use of this "SITE" or the content contained herein; (b) any failure or delay (including, but not limited to, the use of, or inability to use, any component of this Site for booking or ticketing services); or (c) the operation or non-operation of third parties, including, but not limited to, non-functioning resulting from bankruptcy, reorganization, declaration of insolvency, dissolution or liquidation.
Likewise, XPERIENCE ALL will not be responsible and the GUEST releases XPERIENCE ALL from all responsibility regarding:
1. The veracity of the photographs shown on its Site, understanding that they are provided to XPERIENCE ALL for insertion by the direct providers of the services.
2. The descriptions of the services are constantly updated by XPERIENCE ALL. The descriptions of the services are provided by the direct providers of the services in this sense, the descriptions will be guaranteed by them.
3. Any type of breach by the "GUEST" in obtaining the documentation and personal data necessary for your stay.
4. Any type of non-compliance by the "GUEST" with the instructions of the facilities, including time and date of entry and exit, coupon exchange policies, etc.
5. Regarding the terms and conditions and / or policies of the DIRECT PROVIDERS OF THE SERVICES. XPERIENCE ALL will not assume any responsibility and the "GUEST" in this act releases XPERIENCE ALL from all responsibility, as well as from any claim, cost, expense or loss that the "GUEST" may suffer including any personal injury or to third parties, accidents or death of any kind, damage to personal belongings, loss of fun, anger, disappointment, distress or frustration, whether mental or physical, as long as they are the result of:
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Acts or omissions of any person other than XPERIENCE ALL or its employees;
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Illness, theft, labor disputes, mechanical failures, quarantine, government actions, weather or any other cause beyond the direct control of XPERIENCE ALL.
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Impossibility of the "GUEST" to travel for not having the required documents such as, but not limited to, passports with at least 6 (six) months of validity after the date of completion of the trip, visas, personal identifications, prescriptions or documents and medical certificates, health permits and all documents required by the airport authorities, Customs, sea and air of Mexico and the countries you visit, we also inform you that some countries require that your passport has at least two pages without a stamp or visa.
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Any failure or lack on the part of the Direct Providers of the services.
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Any failure or fault on the part of "HUESPED" when enjoying the contracted services.
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Any breach or lack by the "GUEST" of the terms and conditions, policies, instructions, recommendations, security measures among others of the direct PROVIDERS of the service;
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Cases of force majeure or fortuitous event such as: strikes, delays, flight cancellations, earthquakes, war conflicts, hurricanes, and in general any other event that is unforeseeable and that is not attributable to XPERIENCE ALL.
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Any other event that is not under the direct control of XPERIENCE ALL.
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3. Booking Policies
The rates shown on the Site will be maintained only in the event that the "GUEST" reserves and complies with the specified payment policies; otherwise, rates may vary and/or the booking may be cancelled. A reservation is considered complete when the "GUEST" has provided all the necessary information and has the confirmation number that will be sent by email. At the time of booking, the "GUEST" authorizes the merchant to validate the card data provided during the transaction and expressly confirms that he knows and accepts the terms and conditions.
All reservations are subject to availability at the time of processing the "GUEST" request. In some cases, availability must be verified directly with us on contact phones and emails before the reservation can be confirmed to the "GUEST".
XPERIENCE ALL will take a maximum of 24 hours to perform such verification and confirmation of availability. To avoid setbacks, the "GUEST" must keep his reservation number.
If the "GUEST" wishes to modify or cancel the reservation, he must contact us at the telephone number and email address found on our Site, mentioning his reservation number. We suggest that you carefully read the clause corresponding to the CANCELLATION POLICIES. Any change of booking is subject to availability and a new rate quote. For more information, the "GUEST" should contact us. Please have your booking number when you contact us.
4. Payment Policies
The prices indicated on the Site are in US dollars and include the corresponding taxes (19%). Payment of the full amount (100%) is required when making reservations. When the "GUEST" arrives at any of our properties, condominiums or rooms, a cash deposit in the amount of $300 USD will be requested, as a guarantee of any damage, damage or misuse of the facilities. Once it is determined that the property is in satisfactory condition, at the absolute discretion of XPERIENCE ALL, at the time of your Check-Out, the security deposit will be returned in full.
Any tax that the state or nation requests from the "GUEST" by any federal or local law in force at the time of arrival is totally alien to the corresponding taxes of the services contracted on our Site.
In case of requiring an invoice for any of the services contracted on the Site, the "GUEST" must request it via email, attaching the confirmation of your reservation, along with your tax data. The maximum period to request your invoice is 24 hours from the moment the payment corresponding to the reservation has been validated and approved. It is important to ensure that all tax data provided is correct to avoid cancellations and delays in the delivery of your invoice, so a copy of the R.F.C must be attached. In case of needing a rectification and cancellation of the invoice, it must be requested within the same month; otherwise, the change will not be made.
5. Privacy, Security and Privacy Notice
For us it is important to protect your privacy and comply with the Federal Law on Protection of Personal Data Held by Individuals, the protection of the data provided through this Site, uses various security techniques and procedures designed to protect them from unauthorized access by users inside and outside the company.
To access and contract any of the services offered by the Site, the "GUEST" accepts that he is of legal age as established by law and that all personal data provided voluntarily that identifies him, such as: names, date of birth, address, telephone, email address and some information about his credit card, debit or service, as well as the names of the people who will use the services and the exact number of people who will be staying, will be real data. In the event that the data is not true and authentic, the reservation will be subject to changes and modifications in the rates and / or absolute cancellation without any refund. In the event that the "GUEST" has a user identification code and password or is provided with a confirmation code, he must provide them at the time it is required on the page, for which the "GUEST" declares to have read THE PRIVACY NOTICE and the terms incorporated therein, and you agree that the terms of such policy are reasonable. The "GUEST" consents to your personal data being used by us and / or by third parties, in accordance with the terms of the PRIVACY NOTICE and for the purposes established in said notice.
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6. Cancellation Policy
- To obtain a refund of 50% of the price of your reservation, the cancellation must be made 30 full days before the local time of arrival of the advertisement (indicated in the confirmation email).
- To obtain a refund of 25% of the price of your reservation, the cancellation must be made 15 full days before the local time of arrival of the listing (shown in the confirmation email).
- If the "GUEST" cancels less than 15 days in advance, the reservation is non-refundable.
- The refund policy is only available to people who have made their reservation on the XPERIENCE ALL Site. It only applies to the holiday rental of the houses and condominiums shown on the Site. It does not apply to the hiring of hotels, experiences, transportation and / or tours.
- Any type of cancellation will have a commission of 5% for operating expenses of the payment of 100% of the reservation.
- In the event that the "GUEST" has to leave the facilities before the end of his stay (early departure), or does not show up (known as no show), it is considered a cancellation and no refunds apply. If the number of guests is reduced once the reservation is paid, there is no refund.
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7. Applicable law and jurisdiction
These terms and conditions are governed by Mexican law. XPERIENCE ALL and the "GUEST", expressly waive another jurisdiction and submit to the Courts and Tribunals of Mexico City for any dispute that may arise from the use of the Site or the services linked to it.