AGREEMENT BETWEEN THE CLIENT AND GRUPO POSADAS S.A. DE C.V.
This Website is offered to you, the Client, subject to acceptance, with no amendments whatsoever, of the terms, conditions and notifications contained herein. The use you make of this Website constitutes your agreement to be subject to all terms, conditions and notifications herein described.
LIMITATIONS TO PERSONAL AND NON-COMMERCIAL USE
Grupo Posadas S.A. de C.V. ("Posadas") authorizes you to download, copy and retransmit information published on the Posadas Internet Websites (including: posadas.com, fiestamericana.com, fiestainn.com, theexplorean.com, favc.com, fiestarewards.com and those ending in extensions. com.mx, .com.br, .com.ar) subject to your acceptance to abide by the following conditions:
1.- Notifications of copyright and registered trademarks
All contents of this Website are protected by Copyright ® 2002 Grupo Posadas S.A. de C.V., its subsidiaries, affiliates and/or its suppliers, Paseo de la Reforma 155-PH-B, Col. Lomas de Chapultepec, 11000, Mexico D.F., Mexico, (52) 55 5326 6700. All rights reserved.
The following trademarks and logos, the names listed below, and all associated trademarks are registered brands belonging to Grupo Posadas S.A. de C.V., its subsidiaries, and/or affiliates:
Fiesta Americana Hotels, Resorts & Suites®
Fiesta Inn Business Class Hotels®
The Explorean Kohunlich by Fiesta Americana®
Fiesta Americana Vacation Club®
Programa de Incentivos Fiesta®
Grupo Posadas' trademarks will not be used or exhibited without prior written authorization from Grupo Posadas. You may download, copy and retransmit any Posadas Information only for non commercial purposes within your organization. You may not change, copy, distribute, transmit, exhibit, utilize, reproduce, publish, grant licenses for use, create by-works, transfer or sell any information, program, product or service found on or obtained through this Website.
You must retain and reproduce all copyright notices and any other type of intellectual property notification in all Posadas Information that you download, copy or retransmit.
With the sole exception of the above mentioned limited authorization, no license or copyright permission is granted or conferred to you for any Posadas material or third party material.
Posadas' Internet Websites may contain or refer to trademarks, patents, trade secrets, technologies, products, processes and other Posadas property rights and/or parts. You are not granted or conferred any license or rights to these trademarks, patents, trade secrets, technologies, products, processes and other Posadas property rights and/or parts. As regards to trademarks, patents, trade secrets, technologies, products, processes and or other property rights of third parties, Posadas has agreements with said third parties for the use of the foregoing, but they continue to be registered trademarks belonging to the respective persons or companies
2.- Waiver of liabilities
We do not declare, guarantee, agree to nor undertake a commitment establishing that everything contained herein is free of error, complete or precise. Neither this Website's advisors, nor we will be liable for any direct, indirect, incidental, consequential or punitive damages that might result from your access to or use of this Website. YOU HEREBY ACCEPT THAT THE USE YOU MAKE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT AND SERVICES PROVIDED BY THIS SITE ARE PROVIDED TO YOU AS IS. GRUPO POSADAS DOES NOT DECLARE, GUARANTEE OR APPROVE ANYTHING CONCERNING THE PRECISION, RELIABILITY, USEFULNESS, OR COMPLETENESS OF THE CONTENT CONTAINED IN THIS WEBSITE, NOR ANY SITE LINKED TO IT, NOR DOES POSADAS DECLARE THAT THE SITE IS FREE OF ERRORS OR VIRUSES, NOR AVAILABLE AT ALL TIMES WITHOUT INTERRUPTION. To the extent that the law permits, Grupo Posadas waives all guarantees, either expressed or implicit, including "but not limited to" the guarantees implicit in the marketability, convenience for any given purpose, or non-violation of. Grupo Posadas does not guarantee that this site, nor any site linked to it, nor the server providing the site, is free of computer viruses.
Notwithstanding the foregoing, Grupo Posadas exerts efforts to keep information updated in order for our customers / users to feel comfortable using said information. We constantly monitor our servers to ensure security.
3.- Limitations to liability
Grupo Posadas will not be held responsible for any kind of damage, including unlimited damages, or special, incidental, indirect or consequential damages resulting from the access to or inability to access this site, nor through the use, or dependence on this site or its content, nor for any damage that might result as a loss of use, information or profits, whether or not there is due warning of the possibility of said damages, nor for any thesis of responsibility. In addition, Grupo Posadas is not under any obligation to update the Site, nor its content. Grupo Posadas will not be considered responsible for lack of compliance in updating said content. Some states do not admit the exclusion of implied guarantees, nor limitation to or waiver of liabilities for incidental or consequential damages. Nonetheless, if despite the exclusions contained in this Agreement, Grupo Posadas and/or its subsidiaries and/or affiliates are held responsible for damages or losses resulting from or in any way related to this Site, the liability of the Company will not exceed the amount of the fees or charges paid by you to the Company for services and/or information subject to damages. Information provided by Posadas may contain technical or typing errors. Posadas reserves the right to make changes, corrections and/or improvements to Posadas Information, and to the products and programs described in the Information without prior notice and at any given time.
Posadas Internet sites contain worldwide Posadas product and service information, not available in all locations. When a Posadas Internet site makes reference to a given product or service, this does not necessarily imply that said product or service is available in your location.
4.- Waiving electronic liability
Grupo Posadas S.A. de C.V. and its affiliates, subsidiaries, and other related entities, as well as each one of its officers, directors, agents and employees will not be held responsible for the following: breakdowns, failures, delays or difficulties in telephone communications, electric and electronic devices, the network, the Internet, computers or computer components or software. Nor will Posadas be held liable for the mail, email, sending of forms, connections, messages or input of information which may have been delayed, lost, stolen, nor any of the above if found to be illegible, incomplete, confusing, misaddressed, mutilated or with insufficient postage, nor for security in any of the aforementioned cases.
Likewise, Grupo Posadas S.A. de C.V. and its affiliates, subsidiaries and other related entities, and each and every one of its officers, directors, agents and employees will not be held responsible for typing errors or imprecise information, either caused by Internet users or by some element of the team or program associated to it, or used on the Site or through human or technical error that might occur during the processing of information related to this Site.
If for any reason a part of this Site does not operate as it should including possible computer virus infection, errors, unauthorized intervention, fraud, technical failures, or any other cause beyond the Posadas' reasonable control that may corrupt or hinder the administration of, security, equity and integrity or proper management of this Site Grupo Posadas reserves the right to (but is not under obligation to) forbid at discretion any individual (including said individual's information) from using or being exhibited on the Site, and may in like manner cancel, end, amend or suspend the Site or any part therein and delete said information.
Users also accept that Grupo Posadas S.A. de C.V. and its affiliates, subsidiaries and other related entities -including each one of its officers, directors, agents and employees- will not be held liable or blamed in any way whatsoever for damages, losses or harm to the computer of the individual downloading information, nor for the interception or use of credit card information related to or resulting from the use of this Site, nor any of its related sites, services or material linked to or related to the use of "test" mechanisms or authentic reservation mechanisms at any time whatsoever. Nor will Posadas be held responsible or blamed in any way whatsoever for the damages, losses, claims or injury resulting from or related to this Site, or the reservation mechanisms, either operated by computers or networks used by the individual downloading or typing information or through communication with said computers or networks.
5.- Use of the website
Grupo Posadas S.A. de C.V. reservations component of this Website has been provided solely to assist customers in determining the availability of goods and services related to travel, and to make legitimate reservations. No other objective is valid. You must guarantee that you are at least 18 years of age and possessed of the legal authority to make this type of agreement and use this Website in adherence to all terms and conditions herein established. You are financially responsible for the use made of this Website (as well as the use made of this Website by third parties, including but not limited to minors living in your household). You accept that you will supervise the use of this Website by minors using your name and account number. You also guarantee that all information provided by you or members of your family throughout the use of this website is true and correct, without limitations or false or fraudulent reservations. You accept that the ability to make reservations through this Website will be used solely for the purpose of making legitimate reservations or purchases for yourself or for other persons whom you have authorized to act legally on your behalf. You understand that excessive use or abuse of the ability to make reservations through this Website may result in future denial of said ability.
In the case of reservations or other services that may be subject to a fee, you agree to abide by the terms and conditions imposed by the purchase, including but not limited to, the payment of all amounts due in compliance with the rules and restrictions applicable to the availability of rates, products or services. You will be fully responsible for the charges, fees, tariffs, taxes and pricing that result from the use of this Website.
6.- Delivery of information
When you deliver information through this Site to Grupo Posadas, including but not limited to registration forms, feedback, questions, comments, suggestions and similar cases, you consequently a) declare and ensure that said information is complete, true and precise, that you hold all rights to said information, that said information is your own original unpublished work, and is not based either in full or in part on any pre-existing work or the work of another person; that said information does not violate or breach in any way whatsoever any property rights, brand names, service brand, or any other written or common knowledge law, nor any personal right or property right or interest, said information must not be abusive, obscene, profane, sexually explicit, threatening or illegal, and you accept to compensate, defend and exonerate Grupo Posadas from any and all liability resulting from any type of claim, and accept to renounce and assign all rights and property of any information, b) accept that you (not Grupo Posadas) are solely responsible for any damage resulting from breaching of property rights, copyrights, or any other type of damage resulting from having turned over said information and the subsequent use of it by Grupo Posadas, and (c) automatically grant to Grupo Posadas worldwide rights and license "free of royalties" to use, reproduce, publish, distribute or exhibit said information (either in full or in part, through any means now known and used or to be known and used in the future, in perpetuity), even when you accept that Grupo Posadas is not under any obligation to use, reproduce, publish, distribute or exhibit said information. In the same manner, Grupo Posadas reserves the right to monitor and revise transmissions, use, and information related to such use to ensure that the policies of Grupo Posadas be fulfilled, and as a necessary clause to provide this Site and/or protect the rights and properties of Grupo Posadas. Grupo Posadas may also monitor and revise transmissions stored with no restrictions whatsoever, and by this means you accept and grant your consent to said monitoring. Grupo Posadas has knowledge of the secret access codes.
Posadas is at full freedom to use the ideas, concepts, knowledge or techniques contained in all communications for any purpose whatsoever, including, but not limited to, the development, production and/or marketing of products and services that incorporate said information.
7.- Links to third party sites
This Website may contain links (hyperlinks) to other sites operated by third parties that do not belong to Grupo Posadas S.A. de C.V. These links are provided for reference only. Grupo Posadas S.A. de C.V. does not control these Websites, and does not assume responsibility for their content. The inclusion of hyper-links to said Websites does not imply approval of the material therein contained, nor any association whatsoever with their operators.
8.- Money exchange
Exchange rates are based on information provided by a company hired for this purpose, and are to be used as guidelines only. Room rates are guaranteed only in the currency provided to by the reservation engine of the sites. Currency quotations are updated online according to the supplier's information. Currency information provided to this Website is believed to be precise, but Grupo Posadas S.A. de C.V. and/or its subsidiaries and affiliates do not endorse said precision.
Weather information is based on information provided by third parties. Weather information provided to this Website is believed to be reliable, but Grupo Posadas S.A. de C.V. and/or its subsidiaries and affiliates do not endorse said reliability.
10.- No forbidden or illegal use
As a stipulation to use this Website you declare that you will not use this Website for any forbidden or illegal purpose, in keeping with the terms and conditions herein contained.
11.- Changes to the agreement
Grupo Posadas S.A. de C.V. reserves the right to amend any agreement at any given time without prior notice; said amendments will be enforced immediately. Through using, looking at, transmitting, hiding, storing and/or utilizing this site and/or its content in any manner whatsoever you have agreed to accept all and every one of the terms and conditions described in this agreement, and you furthermore waive any right to claim that this agreement contains ambiguous or erroneous information. If you cannot accept this agreement, refrain from using the website. Please print and keep a copy of this agreement.
Any complaint related to this Agreement or the Material herein contained will be subject to the Laws in effect in the United States of Mexico. This declaration comprises the full agreement between the parties insofar as concerns the issue at hand, and supersedes all previous oral and written agreements. Thereby no delay or fault on the part of Grupo Posadas S.A. de C.V. in the exercise of any right or remedy, in keeping with this Agreement, or imposition of terms and conditions of this Agreement can be used as a waiver. If any part of or provision contained in this Agreement becomes invalid, inapplicable or annulled the remaining portion will continue to be fully enforced and in effect. The headings contained in this Agreement are used merely to facilitate reading and are not to be used in the interpretation of this Agreement.
You accept that there is no type of joint venture, partnership, employment or agency relationship established between you and Grupo Posadas S.A. de C.V. as a result of this agreement or of the use of this Website. The fictitious names of companies, products, persons, personalities and/or data mentioned in this document do not intend to represent an individual, company, product or real event.
All rights not expressly granted in this document are hereby reserved.