Terms and Conditions of Services
These Terms and Conditions of the Services (as they are modified and / or updated from moment to moment, the? Contract?) Entered into between JME Travel, SAPI de CV (? JME TRAVEL?) Whose Federal Taxpayer Registry is JTR190729A43 and the entity or person who accepts these terms (the? Client?).
This Agreement will enter into force and will be in full force as of the date that occurs first between (i) the date the Client clicks on the Website (as such term is defined below) to accept the Agreement; (ii) the date you autograph it, (iii) the date you accept any Quote (as said term is defined below); or (iv) the date on which the Services begin to be provided (the? Beginning of Term?). By accepting the terms and conditions of this Contract, the Client declares and guarantees that: (a) he has full legal capacity to bind or bind the Client under the terms of this Contract; (b) has read and understands the scope and obligations contained in this Agreement; and (c) accept the content of this Agreement. If you do not have the legal capacity to enter into this Agreement or to bind the Client on your behalf, do not click accept. This Contract, together with the quotation for the Services (as said term is defined below) that JME TRAVEL sends by email to the Client to the last address provided by the latter to JME TRAVEL (as it is modified or updated in any moment the? Quotation?) governs the Services and establishes the terms and conditions for the provision of these.
For the purposes of this Contract, the term? Website? means the following URL established at: https://www.vilutravel.com
1. Provision of Services.
1.1 Purpose and Considerations. Subject to the terms and conditions of this Contract and the Quote, JME TRAVEL, directly or through its employees and / or commission agents and / or subcontractors (in the latter case as identified in the Quote), will provide the Client with the service of advice, consultancy and organization of tailor-made trips, design of unique and personalized itineraries for trips and experiences, as well as monitoring and verification of the trip or experience and intermediation with providers for the consummation of the Client's trip (the? Services?). As part of the Services, JME TRAVEL will act as the Client's intermediary and commission agent, therefore in this act and in accordance with article 273 of the current Commercial Code of the United Mexican States, the Client in this act confers a commission on JME TRAVEL commercial so that JME TRAVEL, through its attorneys, employees or commission agents, is in charge of making the necessary and / or convenient reservations and carrying out payments, with the resources anticipated by the Client, to the corresponding providers, in each case, for the consummation of the Services (the? Mercantile Commission?). For the purposes of the foregoing, if applicable, the Client will provide JME TRAVEL with the data of his bank card and other necessary data (including the name of the cardholder and his official identification) to make payments and reservations, which will be protected and treated as compliance with the JME TRAVEL privacy notice published on the website https://vilutravel.com/avisoprivacidad/.
As consideration for the Services, the Client must pay to JME TRAVEL the commissions and considerations that are described in the Quote, in the times and forms detailed therein, as well as reimburse any expenses that the Client has paid for the benefit of the consummation of the respective trip or experience.
As long as the provision of the Services has not been started by JME TRAVEL, the Client will have the right to revoke their consent for the provision of the Services within the following 5 business days from the acceptance of this Contract, without liability or justification in accordance with the applicable legal provisions on consumer rights. The Client will have the right to have the consideration for the Services returned provided that the provision of the Services is deficient as determined by the competent authorities in terms of the applicable legal provisions on consumer rights. It will not be understood that the Services have been deficient if any of the Components (as said term is defined below) of the trip or experience was deficient due to a cause beyond JME TRAVEL.
1.2 Delivery of documentation for the trip. Once JME TRAVEL has completed the travel and experience organization services, JME TRAVEL will deliver to the Client a folder, either physical or electronic, with the itinerary of the organized trip, as well as the data and documentation of all the reservations, flights, accommodations, activities and other Components of the trip or experience, so that the Client can consume the corresponding trip or experience. Having delivered said folder to the Client, it will be understood that the Services object of this Contract, with respect to said Client, have been consummated and any commission or consideration payable to JME TRAVEL must be paid to JME TRAVEL or whoever the latter indicates.
For the purposes of this Contract? Components? Means with respect to any trip or experience, any reservation, flight, lodging, tour, transportation, service, activity, tour and / or food.
2. Customer statements.
The Client in this act declares in relation to the bank cards linked to the data on them (and on the data itself), which it will provide to JME TRAVEL for the consummation of the Services and to comply with the purpose of the Mercantile Commission, what:
- The cards linked to the data provided are the exclusive property of the Client and that he has all the necessary authorizations and permissions to use them and to share the data linked to them and that said data transmission does not violate or contravene any contract of which the Client is part or any legal provision applicable to the Client or to said cards;
- the resources with which the Services are paid, said cards, as well as the corresponding travel or experience expenses that JME TRAVEL organizes as part of its Services come from legal sources;
- knows and understands the risks and implications that the transmission of data of this nature represents; Y
- The bank cards linked to the data that you provide to JME TRAVEL for the provision of its services and the fulfillment of the Commission, have sufficient funds to cover the costs of the Trip Components.
3. Funds on the bank cards for the payment of the Components; Impossibility of Payment and Identification as a cardholder. JME TRAVEL will not have any responsibility for any delay, cancellation, changes, price modifications or lack of availability regarding the Components of the respective trip or experience, derived in the delay in the payment of any Component due to the absence of resources on the card. of the Client or impossibility of payment with it.
At the time that the Client delivers their card data so that JME TRAVEL makes the payment of the Components in its capacity as commission agent under this Contract, the name on the card must coincide with the Client's name and with the registered name in the copy of the official identification that the Client provides to JME TRAVEL. In the event that the Client delivers a card without the name being visible on it or does not provide an official identification so that JME TRAVEL can corroborate the Client's identity, the Client acknowledges and accepts that JME TRAVEL will not make any payment with it. and you will not be able to carry out your commission as a commission agent or adequately provide the Services, without any responsibility for JME TRAVEL.
4. Absence of Responsibility in case of modifications outside JME TRAVEL. The Client acknowledges that JME TRAVEL acts solely as commission agent and intermediary of the Client and has no control over the price, availability and / or the terms and conditions of the Components of the trip or experience and that they do not depend on it at all since The Components are subject to their own terms and conditions, so any change, cancellation or variation in them are not the responsibility of JME TRAVEL, and consequently, the Client in this act releases JME TRAVEL from all responsibility in relation to what previous. JME TRAVEL will only have the obligation to inform the Client of any changes to the terms and conditions or prices of the Components of the trip or experience, of which it is aware.
The Client may consult his rights as a traveler when traveling by plane on the website https://www.profeco.gob.mx/politicasaviacion/pdf/derechosviajar.pdf.
5. Modifications.
to. To the Services. JME TRAVEL may make commercially reasonable updates to the Services from time to time. In case of making a substantial change to the Services, JME TRAVEL, will inform the Client at the last email address that the Client has provided to JME TRAVEL.
b. To the Contract. JME TRAVEL may make changes to this Agreement from time to time. Unless JME TRAVEL specifies otherwise, substantial changes to the Contract will be effective as of their publication on its Website.
6. Payment Conditions.
6.1 Payment method. Unless JME TRAVEL informs the Client something different from moment to moment, all payments to be made to JME TRAVEL for the provision of the Services must be made by bank transfer to the following account in the name of JME TRAVEL: Account Number 4061449385 , CLABE 021180040614493852, maintained with HSBC MÉXICO SA, and whose beneficiary is JME TRAVEL, SAPI de CV
6.2 Billing. Once the Client pays the consideration to JME TRAVEL for the provision of the Services, JME TRAVEL will issue an invoice to the Client, which will comply with all the requirements established in the applicable tax legislation.
6.3 Taxes. (a) The Client will be responsible for any Tax that may be applicable, and the Client must pay JME TRAVEL for the Services without any reduction for Taxes.
7. Additional obligations of the Client.
7.1 Compliance. The Client will be solely responsible for the correct use and handling of the information obtained from the Website and derived from the Services.
The Client shall at no time make illicit use of the Services provided by JME TRAVEL, and in this act exempts JME TRAVEL to the fullest extent permitted by law from any liability incurred in the case of an illicit act of the Client.
7.2 Privacy. The Client declares that he has read, knows and accepts the privacy notice that JME TRAVEL has made available on its website https://vilutravel.com/avisoprivacidad/.
8. Term and Termination.
8.1 Term of the Contract. The validity of this Agreement will begin at the Beginning of Term and will continue until (i) the provision of the Services has been consummated and the Client has paid all the benefits of the Agreement or (ii) it is terminated in accordance with Section 9 of this Contract (the? Validity?), except for Clause 12 of this Contract which will subsist beyond the Validity.
9. Termination.
9.1 Termination for Default. Either party may terminate this Contract for breach if the other party breaches the Contract and does not cure said breach within thirty days after receiving the electronic notification.
9.2 Termination by Mutual Agreement.
This Contract may be terminated by written agreement of the parties.
9.3 Representations and Warranties. Each of the parties declares and guarantees that: (a) they have full power and are empowered to enter into this Contract; and (b) comply with all laws and regulations applicable to the use of the Services.
10. Disclaimer.
EXCEPTION AS EXPRESSLY SET FORTH IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JME TRAVEL WILL NOT OFFER ANY OTHER WARRANTY OF ANY KIND. JME TRAVEL DOES NOT GUARANTEE THAT THE PROVISION OF THE SERVICES COULD BE INTERRUPTED BY CAUSES OF FORCE MAJEURE OR FORTUED CASE, IN SUCH CASE JME TRAVEL WILL HAVE NO LIABILITY FOR SUCH BREACH.
11. Limitation of Liability.
11.1 Limitation of Indirect Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, JME TRAVEL WILL NOT BE LIABLE UNDER THIS AGREEMENT FOR LOST INCOME OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHICH CAUSE IS ATTRIBUTABLE. ALSO, JME TRAVEL IS NOT LIABLE FOR DEFICIENCIES IN THE SERVICES PROVIDED BY THE SERVICE PROVIDERS OR SUPPLIERS OF THE RELATED TRAVEL OR EXPERIENCE COMPONENTS.
12. Indemnification.
12.1 By the Client. Unless prohibited by applicable law, the Client will defend, indemnify and safely remove JME TRAVEL and / or its Affiliates, shareholders, employees, officers, directors and / or commission agents on and against all claims, demands, resolutions adverse legal, losses, injuries, costs, expenses, legal and / or extrajudicial processes and damages, including reasonable expenses of lawyers (together the? Claims?), to the extent that said Claims are related to JME TRAVEL and / or the Services to be provided by virtue of this Contract and that these are attributable to the Client.
For the purposes of this Agreement, the term? Affiliate? means any entity that directly or indirectly controls, is controlled by, or is under common control with one of the parties.
13. Various.
13.1 Notifications. Notifications to the Client will be made at the last address or electronic address provided by the Client to JME TRAVEL. In this act, the Client undertakes to notify JME TRAVEL of any change of address within 3 business days after it occurs. In case of not complying with this obligation, the notifications will be understood as valid if they are made at the last address or email address provided by the Client to JME TRAVEL. The address and / or email address for the notifications sent to JME TRAVEL is the one published on the Website. The notification will be deemed received upon receipt, verified by written or automatic receipt or by electronic record (as applicable).
13.2 Assignment. The Client may not assign their rights under this Contract, or under the Quote, except with the written consent of JME TRAVEL.
13.3 Force Majeure. JME TRAVEL will not be liable for failures or delays in the performance of the Service to the extent that they are caused by circumstances beyond its reasonable control, or that such failures are caused by force majeure or acts of God.
13.6 Severability. If any of the provisions contained in this Contract or in the Quote is declared void by a competent court, said provision will be considered separately from the other provisions contained in this Contract, so as not to affect the validity of the other provisions. of the same.
13.7 Applicable Legislation and Jurisdiction. For everything related to the interpretation and fulfillment of this Contract, in this act the parties submit, expressly and irrevocably, to the applicable laws of Mexico, and to the jurisdiction of the competent courts of Mexico City, and waive, expressly and irrevocably, to any other jurisdiction that may correspond to them by virtue of their current or future domiciles, the location of their assets or for any other reason.
13.8 Comprehensive Agreement. This Contract together with the Quote establishes all the terms agreed between the parties and supersedes all other agreements between the parties related to said matter. When entering into this Agreement, neither party has relied on it and neither party will have any right or remedy based on any statement, representation or warranty, except those expressly set forth in this Agreement and / or in the Quote.
13.9 Contradictory Terms. If there is any conflict between the documents that make up this Agreement and the terms and conditions found on the JME TRAVEL Website, those on the Website shall prevail.
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