Terms and Conditions of Services
These Terms and Conditions of Services (as the same may be amended and/or updated from time to time, the ?Agreement?) entered into between JME Travel, S.A.P.I. de C.V. (?JME TRAVEL?) whose Federal Taxpayer Registration Number is JTR190729A43 and the entity or person accepting these terms (the ?Client?).
This Agreement shall be effective and in full force and effect as of the earlier of (i) the date Customer clicks on the Web Site (as such term is defined below) to accept the Agreement; (ii) the date Customer signs this Agreement; (iii) the date Customer accepts any Quotation (as such term is defined below); or (iv) the date Services begin to be provided (the "Effective Date"). By accepting the terms and conditions of this Agreement, Customer represents and warrants that: (a) it has full legal capacity to bind or obligate Customer under the terms of this Agreement; (b) it has read and understands the scope and obligations contained in this Agreement; and (c) it accepts the contents of this Agreement. If you do not have the legal capacity to enter into this Agreement or to bind Customer on your behalf, do not click accept. This Agreement, together with the quotation for the Services (as such term is defined below) e-mailed by JME TRAVEL to the Customer at the last address provided by the Customer to JME TRAVEL (as the same may be amended or updated from time to time the "Quotation") governs the Services and sets forth the terms and conditions for the provision of the Services.
For the purposes of this Agreement the term "Website" means the following URL address set forth at: http://3.213.208.177.
1. Provision of Services.
1.1 Subject Matter and Consideration. Subject to the terms and conditions of this Agreement and the Quotation, JME TRAVEL, directly or through its employees and/or agents and/or subcontractors (in the latter case as identified in the Quotation), will provide the Client with the service of advice, consulting and organization of tailor-made trips, design of unique and customized itineraries for trips and experiences, as well as follow-up and verification of the trip or experience and intermediation with suppliers for the consummation of the Client's trip (the "Services"). As part of the Services, JME TRAVEL will act as intermediary and commission agent of the Client for what in this act and in accordance with the article 273 of the Code of effective Commerce of the United Mexican States, the Client in this act confers to JME TRAVEL a mercantile commission in order that JME TRAVEL, through its agents, employees or commission agents, is responsible for making the necessary reservations and / or convenient and carry out the payments, with the resources advanced by the Customer, to suppliers, in each case, for the consummation of the Services (the ?Merchant Commission?) For effect of the previous thing, in its case, the Client will provide to JME TRAVEL the data of its bank card and others necessary (including the name of the cardholder and its official identification) to carry out the payments and reservations, same that will be guarded and treated in accordance with the warning of privacy of JME TRAVEL published in the page of Internet http://3.213.208.177/avisoprivacidad/.
As consideration for the Services, the Client will have to pay to JME TRAVEL the commissions and considerations that are described in the Quotation, in the times and forms that are detailed in the same one, as well as to reimburse any expenses that the Client has disbursed for benefit of the consummation of the respective trip or experience.
Provided that the provision of the Services by JME TRAVEL has not begun, the Customer shall have the right to revoke its consent to the provision of the Services within 5 working days from the acceptance of this Agreement, without liability or justification in accordance with the applicable legal provisions on consumer rights. The Customer shall have the right to a refund of the consideration for the Services whenever the provision of the Services is deficient as determined by the competent authorities in terms of the applicable legal provisions on consumer rights. The Services shall not be deemed to have been deficient if any Component (as such term is defined below) of the trip or experience was deficient due to a cause beyond JME TRAVEL's control.
1.2 Delivery of travel documentation. Once JME TRAVEL has concluded with the Services of organization of the trip and experience, JME TRAVEL will deliver to the Client a folder, either physical or electronic, with the itinerary of the organized trip, as well as with the data and documentation of all the reservations, flights, lodgings, activities and other Components of the trip or experience, in order that the Client can consummate the corresponding trip or experience. Having delivered this folder to the Client it will be understood that the Services object of the present Contract, with respect to this Client, have been consummated and any commission or consideration payable to JME TRAVEL will have to be paid to JME TRAVEL or to whom this last one indicates.
For purposes of this Agreement, "Components" means, with respect to any trip or experience, any reservation, flight, accommodation, tour, transportation, service, activity, tour and/or food.
2. Client Statements.
The Customer hereby declares in relation to the bank cards linked to the data on the same (and on the data itself), which it will provide to JME TRAVEL for the consummation of the Services and to fulfill the purpose of the Trade Commission, that:
The cards linked to the data it provides are the sole property of the Customer and that it has all necessary authorizations and permissions to use them and to share the data linked to them and that such transmission of data does not violate or contravene any contract to which the Customer is a party or any legal provision applicable to the Customer or to such cards;
the resources with which the Services are paid for, such cards, as well as the corresponding travel or experience expenses that JME TRAVEL organizes as part of its Services come from lawful sources;
knows and understands the risks and implications of transmitting data of this nature; and
the bank cards linked to the data 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 Travel Components.
3. Funds in the bank cards for the payment of the Components; Impossibility of Payment and Identification as a cardholder. JME TRAVEL will have no liability for any delay, cancellation, changes, price changes or unavailability with respect to the Components of the respective trip or experience, resulting in the delay in payment of any Component by the absence of resources in the customer's card or inability to pay with it.
At the time the Customer submits his/her card information for JME TRAVEL to make payment for the Components in its capacity as a commission agent under this Agreement, the name on the card must match the Customer's name and the name on the copy of the official identification that the Customer provides to JME TRAVEL. In the event that the Customer provides a card without the name on the card or does not provide an official identification so that JME TRAVEL can corroborate the identity of the Customer, the Customer acknowledges and agrees that JME TRAVEL will not make any payment with the same and can not perform its commission as a commission agent or properly provide the Services, without any liability to JME TRAVEL.
4. No Liability in case of changes beyond the control of JME TRAVEL. The Customer acknowledges that JME TRAVEL acts solely as a commission agent and intermediary for the Customer 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 at all on him as the components are subject to their own terms and conditions, so any changes, cancellations or variations in them are not the responsibility of JME TRAVEL, and consequently, the Customer hereby releases JME TRAVEL from any liability in connection with the foregoing. JME TRAVEL will only have the obligation to inform the Customer of any changes to the terms and conditions or prices of the components of the trip or experience, of which it has knowledge.
The Customer may consult his rights as a traveller when travelling by air on the website https://www.profeco.gob.mx/politicasaviacion/pdf/derechosviajar.pdf.
5. Modifications.
a. To the Services. JME TRAVEL may make commercially reasonable updates to the Services from time to time. In the event of a material change to the Services, JME TRAVEL will inform the Customer at the last e-mail address the Customer provided to JME TRAVEL.
b. To the Agreement. JME TRAVEL may make changes to this Agreement from time to time. Unless otherwise specified by JME TRAVEL, material changes to the Agreement will be effective upon posting on the JME TRAVEL Web Site.
6. Terms of Payment.
6.1 Method of Payment. Unless JME TRAVEL informs something different from moment to moment to the Client, all the payments to be made to JME TRAVEL by the benefit of the Services will have to be made by means of banking transference to the following account in the name of JME TRAVEL: Account Number 4061449385, CLABE 021180040614493852, maintained with HSBC MEXICO S.A., and whose beneficiary is JME TRAVEL, S.A.P.I. de C.V.
6.2 Invoicing. Once the Customer pays the consideration to JME TRAVEL for the provision of the Services, JME TRAVEL will issue an invoice to the Customer, which will comply with all the requirements established in the applicable tax legislation.
6.3 Taxes. (a) The Customer shall be responsible for any Taxes applicable to it, and the Customer shall pay JME TRAVEL for the Services without any reduction for Taxes.
7. Additional obligations of the Client.
7.1 Compliance. The Client shall be solely responsible for the correct use and handling of the information obtained from the Website and derived from the Services.
The Customer shall at no time make any unlawful use of the Services provided by JME TRAVEL, and hereby releases JME TRAVEL to the fullest extent permitted by law from any liability incurred in the event of an unlawful act by the Customer.
7.2 Privacy. The Customer declares that he has read, knows and accepts the privacy notice that JME TRAVEL has made available on its website http://3.213.208.177/avisoprivacidad/.
8. Term and Termination.
8.1 Term. The term of this Agreement shall commence at the Effective Time and shall continue until (i) the Services have been consummated and Customer has paid in full for the performance of the Agreement or (ii) it is terminated in accordance with Section 9 of this Agreement (the "Term"), except that Section 12 of this Agreement shall survive the Term.
9. Termination.
9.1 Termination for Default. Either party may terminate this Agreement for breach if the other party breaches the Agreement and fails to cure such breach within thirty days after receipt of electronic notice.
9.2 Termination by Mutual Agreement.
This Agreement may be terminated by written agreement of the parties.
9.3 Representations and Warranties. Each party represents and warrants that: (a) they have full power and authority to enter into this Agreement; and (b) they are in compliance with all laws and regulations applicable to the use of the Services.
10. Disclaimer of Liability.
EXCEPT AS EXPRESSLY SET OUT IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JME TRAVEL WILL NOT GIVE ANY OTHER WARRANTIES OF ANY KIND. JME TRAVEL DOES NOT WARRANT THAT THE PERFORMANCE OF THE SERVICES MAY BE INTERRUPTED DUE TO FORCE MAJEURE OR ACTS OF GOD, IN WHICH CASE JME TRAVEL SHALL HAVE NO LIABILITY FOR SUCH NON-PERFORMANCE.
11. Limitation of Liability.
11.1 Limitation of Vicarious Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JME TRAVEL SHALL NOT BE LIABLE UNDER THIS AGREEMENT FOR LOST REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES FOR WHICH THE CAUSE IS ATTRIBUTABLE TO THE CUSTOMER. FURTHER, JME TRAVEL SHALL NOT BE LIABLE FOR DEFICIENCIES IN THE SERVICES PROVIDED BY THE SERVICE PROVIDERS OR SUPPLIERS OF THE APPLICABLE TRIP COMPONENTS OR EXPERIENCE.
12. Indemnification.
12.1 On the part of the Customer. Unless prohibited by applicable law, the Customer shall defend, indemnify and hold harmless JME TRAVEL and/or its Affiliates, shareholders, employees, officers, directors and/or agents from and against all claims, demands, adverse judgments, losses, injuries, costs, expenses, legal and/or extrajudicial proceedings and damages, including reasonable attorneys' fees (collectively the ?Claims?), to the extent such Claims are related to JME TRAVEL and/or the Services to be provided under this Agreement and are attributable to the Customer.
For purposes of this Agreement the term "Affiliate" means any entity that directly or indirectly controls, is controlled by, or is under common control with a party.
13. Miscellaneous.
13.1 Notifications. The notifications to the Client will be carried out in the last address or electronic address provided by the Client to JME TRAVEL. In this act the Client is obliged to notify to JME TRAVEL any change of address to the 3 working days of the occurrence of the same one. In case of not fulfilling this obligation the notifications will be understood as valid if they are realized in the last domicile or direction of e-mail provided by the Client to JME TRAVEL. The domicile and/or direction of electronic mail for the notifications that are sent to JME TRAVEL is the one that is published in the Web site. Notification will be deemed received upon receipt, verified by written or automatic receipt or electronic record (as applicable).
13.2 Assignment. The Customer may not assign its rights under this Agreement, or under the Quotation, 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 provision of this Agreement or the Quotation is held by a court of competent jurisdiction to be invalid, such provision shall be considered separately from the other provisions of this Agreement so as not to affect the validity of the remaining provisions of this Agreement.
13.7 Applicable Law and Jurisdiction. For all matters relating to the interpretation and performance of this Agreement, the parties hereby expressly and irrevocably submit to the applicable laws of Mexico, and to the jurisdiction of the competent courts of Mexico City, and expressly and irrevocably waive any other jurisdiction that may be applicable to them by virtue of their respective present or future domiciles, the location of their assets or for any other reason.
13.8 Entire Agreement. This Agreement together with the Quotation sets forth all of the terms agreed to between the parties and supersedes all other agreements between the parties relating to such subject matter. By entering into this Agreement, neither party has relied on it and neither party shall have any right or remedy based on any statement, representation or warranty except those expressly set forth in this Agreement and/or the Quotation.
13.9 Conflicting Terms. If there is any conflict between the documents comprising this Agreement and terms and conditions found on the JME TRAVEL Web Site, the terms and conditions on the JME TRAVEL Web Site shall prevail.
