Terms and Conditions of Services
These Terms and Conditions of the Services (as they may be amended and/or updated from time to time, the ?Agreement?) entered into between Unik Travels LLC doing business as Vilu Travel Designers (?Vilu Travel?) whose EIN/Tax ID Number is 35-2641348 and the entity or person that accepts these terms (the ?Client?).
This Agreement shall enter into force and shall be in full force from the date that occurs first between (i) the date on which the Client clicks on the Website (as such term is defined below) to accept the Agreement; (ii) the date on which you sign it by hand, (iii) the date on which you accept any Quote (as such term is defined below); or (iv) the date on which the Services begin to be rendered (the ?Effective Date?). By accepting the terms and conditions of this Agreement, the Client declares and guarantees that: (a) has full legal capacity to bind himself or herself under the terms of this Agreement; (b) has read and understand 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 its behalf, do not click accept. This Agreement, together with the quote of the Services (as such term is defined below) that Vilu Travel sends by email to the Client at the last address provided by the latter to Vilu Travel (as it may be amended or updated from time to time the ?Quote?) governs the Services and establishes the terms and conditions for the provision of such Services.
For the purposes of this Agreement, the term ?Website? means the following URL established at: www.vilutravel.com.
Rendering of Services.
1.1 Object and Considerations. Subject to the terms and conditions of this Agreement and the Quote, Vilu Travel, directly or through its employees and/or agents and/or subcontractors (in the latter case as identified in the Quote), will provide the Client with advice, consultancy and organization of tailor-made trips, design of unique and personalized itineraries for trips and experiences services, as well as monitoring and verification of the trip or experience and intermediation with suppliers for the completion of the Client?s trip (the ?Services?). As part of the Services, Vilu Travel will act as an intermediary and agent for the Client, so the Client hereby authorizes Vilu Travel so that Vilu Travel, through its agents, employees or commission agents, can make all necessary and/or convenient reservations and process the payments, with the resources that the Client has advanced to Vilu Travel, to the relevant suppliers, in each case, for the consummation of the Services. For such purpose, where appropriate, the Client will provide Vilu Travel with the details of their bank account or card and other necessary information (including the name of the cardholder and their identification) to make payments and reservations, which will be protected and treated in accordance with the Vilu Travel privacy policy (the ?Privacy Policy?) published on the website www.vilutravel.com.
As consideration for the Services, the Client must pay Vilu Travel the fees and considerations described in the Quote, in the times and forms detailed therein, as well as reimburse any expenses that the Client has incurred for the benefit of the consummation of the respective trip or experience.
As long as the provision of the Services by Vilu Travel has not started, the Client will have the right to revoke their consent to the provision of the Services within the following 5 business days from the acceptance of this Agreement, without liability, or any justification in accordance with the applicable legal provisions on consumer rights. The Client will have the right to be reimbursed for any deficient Services rendered as determined by the competent authorities in terms of the applicable legal provisions on consumer rights. The Services will not be understood to have been deficient if any of the Components (as such term is defined below) of the trip or experience was deficient for a reason not imputable to Vilu Travel.
1.2 Delivery of documentation for the trip. Once Vilu Travel has concluded with the Travel Organization and Experience Services, Vilu 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, so that the Client can complete the corresponding trip or experience. Having delivered such folder to the Client, it will be understood that the Services object of this Agreement, related to such Client, have been consummated and any fee or consideration payable to Vilu Travel must be paid to Vilu Travel or to whom the latter indicates. Having received the folder without expressing any objection to it, no later than the next business day after it has been delivered, it is understood that the Client has approved and consented to its contents and agrees with the components of his trip by so at that time any responsibility for them is the entire responsibility of the Client.
For the purposes of this Agreement ?Components?, means with respect to any trip or experience subject of the Services, any reservation, flight, accommodation, tour, transportation, service, activity, tour and/or food that Vilu Travel has contracted on behalf and in benefit of the Client as part of the Services. Any reservation, flight, accommodation, accommodation, tour, transportation, service, activity, tour and/or food that has not been contracted by Vilu Travel on behalf and for the benefit of the Client as part of the Services, including those that the Client has contracted directly, will not be considered a ?Component? for the purposes of these terms and conditions and therefore will not be subject to these terms and conditions or the Services and will be entirely the responsibility of the Client. Neither will be considered ?Components? for the purposes of this Agreement, any reservation, flight, accommodation, tour, tour, transportation, service, activity, tour and/or food that the Client has contracted or acquired directly, even if it has been based on a suggestion from Vilu Travel.
2. Client Representations.
The Client hereby represents related to the bank accounts and cards linked to the data on them (and on the data itself), which will be provided to Vilu Travel for the completion of the Services and to fulfill the purpose of this Agreement, that:
a. The cards linked to the data you provide are the exclusive property of the Client and that it has all the necessary authorizations and permissions to use them and to share the data linked to them and that such data transmission does not violate or contravene any contract of which the Client is part or legal provision applicable to the Client or to such cards;
b. the resources with which the Services are paid, such cards, as well as the corresponding travel or experience expenses that Vilu Travel organizes as part of its Services come from lawful sources;
c. the Client knows and understands the risks and implications of data transmission of this nature; and
d. the bank cards linked to the data provided to Vilu Travel for the provision of its Services, 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 Cardholder. Vilu Travel will not have any responsibility for any delay, cancellation, changes, price changes or unavailability regarding the Components of the respective trip or experience, resulting in the delay in the payment of any Component due to the lack of resources on the card of the Client or its inability to pay with it.
At the moment in which the Client delivers the data of his card so that Vilu Travel makes the payment of the Components in his capacity as agent under this Agreement, the name on the card must match the name of the Client and with the established name in the copy of the identification that the Client provides to Vilu Travel. In the event that the Client delivers a card without a legible name on it or does not provide an identification so that Vilu Travel can corroborate the identity of the Client, the Client acknowledges and accepts that Vilu Travel will not make any payment with it and will not be able to adequately provide the Services, without any responsibility for Vilu Travel.
4. No liability in case of modifications unrelated to Vilu Travel. The Client acknowledges that Vilu Travel acts solely as agent and intermediary of the Client and has no control regarding 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 it since the Components are subject to their own terms and conditions, so any changes, cancellations or variations in them are not the responsibility of Vilu Travel, and consequently, the Client hereby releases Vilu Travel from all liability in relation to the foregoing. Vilu Travel will only be obliged 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.
5. Modifications.
a. To the Services. Vilu Travel may make commercially reasonable updates to the Services from time to time. In case of making a substantial change to the Services, Vilu Travel will inform the Client at the last email address that the Client has provided to Vilu Travel.
b. To the Agreement. Vilu Travel may make changes to this Agreement from time to time. Unless Vilu Travel specifies otherwise, substantial changes to the Agreement will be effective upon publication on its Website.
6. Payment terms.
6.1 Means of Payment. Unless Vilu Travel informs the Client from time to time, all payments to be made to Vilu Travel for the provision of the Services must be made by bank transfer to the following account: [*]
6.2 Billing. Once the Client pays the consideration to Vilu Travel for the provision of the Services, Vilu 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 applicable Taxes, and the Client shall pay Vilu Travel for the Services without any reduction for Taxes.
7. Additional Client Obligations.
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 must at no time make an unlawful use of the Services provided by Vilu Travel, and hereby it releases Vilu Travel to the fullest extent permitted by law from any liability incurred in the event of an unlawful act of the Client.
7.2 Privacy. The Client declares that he has read, knows and accepts the Privacy Policy that Vilu Travel has made available to him on his website www.vilutravel.com.
8. Term and Termination.
8.1 Term of the Agreement. The term of this Agreement will begin at the Effective Date and will continue until (i) the provision of the Services has been consummated and the Client has paid all the considerations pursuant to the terms of the Agreement or (ii) it is terminated in accordance with Section 9 of this Agreement (the ?Term?), except for Clause 12 of this Agreement which will subsist beyond the Term.
9. Termination.
9.1 Termination in an Event of Default. Either party may terminate this Agreement if the other party fails to comply with the provisions of this Agreement and does not remedy such breach within thirty days after receipt of the electronic notice.
9.2 Termination by Mutual Agreement.
This Agreement may be terminated by written agreement of the parties.
9.3 Representations and Guarantees. Each of the parties represent and warrant that: (a) they have the necessary legal capacity to enter into this Agreement; and (b) comply with all laws and regulations applicable to the use of the Services.
10. Disclaimer.
EXCEPT AS EXPRESSLY ESTABLISHED IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JME TRAVEL SHALL OFFER NO OTHER WARRANTIES OF ANY KIND. JME TRAVEL DOES NOT WARRANT THAT THE PROVISION OF THE SERVICES MAY BE INTERRUPTED BY CAUSES OF FORCE MAJEURE OR INCIDENTAL 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 MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JME TRAVEL SHALL NOT BE LIABLE UNDER THIS AGREEMENT FOR LOST INCOME OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPTIONAL, AND PUNITIVE DUE CHARGES, WHICH IS A CLOSING JOB, WHICH IS A CLIMATE, WHETHER IT IS ATTRIBUTABLE. FURTHER, JME TRAVEL IS NOT LIABLE FOR DEFICIENCIES IN THE SERVICES PROVIDED BY THE SERVICE PROVIDERS OR PROVIDERS OF THE CORRESPONDING TRAVEL OR EXPERIENCE COMPONENTS.
YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL VILU TRAVEL PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT VILU TRAVEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE VILU TRAVEL SERVICES OR THE COMPONENTS; (2) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (3) STATEMENTS OR CONDUCT OF ANY THIRD PARTY RELATED TO THE SERVICES RENDERED BY VILU TRAVEL OR THE COMPONENTS; OR (4) ANY OTHER MATTER RELATED TO VILU TRAVEL PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING LIMITATION ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A VILU TRAVEL PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A VILU TRAVEL PARTY?S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A VILU TRAVEL PARTY?S FRAUD OR FRAUDULENT MISREPRESENTATION.
UNDER NO CIRCUMSTANCES WILL VILU TRAVEL PARTIES BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) THE TOTAL AMOUNT PAID TO VILU TRAVEL AL CONSIDERATION AND (B) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A VILU TRAVEL PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A VILU TRAVEL PARTY?S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A VILU TRAVEL PARTY?S FRAUD OR FRAUDULENT MISREPRESENTATION.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN VILU TRAVEL AND YOU.
12. Compensation.
12.1 By the Client. Unless prohibited by applicable law, the Client will defend, indemnify and hold harmless Vilu Travel and/or its Affiliates, shareholders, employees, officers, directors and/or commissioners in and out of and against all claims, lawsuits, adverse court rulings, losses, injuries, costs, expenses, legal proceedings, and/or extrajudicial proceedings and damages, including reasonable expenses of attorneys (jointly the ?Claims?), to the extent that such Claims are related to Vilu Travel and/or the Services to be provided under this Agreement and that these are attributable to the Client.
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 one of the parties.
13. Miscellaneous.
13.1 Notifications. Notifications to the Client will be made at the last address or electronic address provided by the Client to Vilu Travel. The Client hereby agrees to notify Vilu Travel of any change of address within 3 business days of its occurrence. In case of not complying with this obligation, the notifications will be understood as valid if they are notified at the last address or email address provided by the Client to Vilu Travel. The address and/or email address for the notifications sent to Vilu Travel is the one published on the Website. The notification will be considered as received upon receipt, verified by written or automatic receipt or by electronic registration (as applicable).
13.2 Assignment. The Client may not assign her rights under this Agreement, nor under the Quote, except with the written consent of Vilu Travel.
13.3 Force Majeure. Vilu Travel will not be responsible 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 Agreement or in the Quote is declared void by a competent court, such provision will be considered separately from the other provisions contained in this Agreement, so as not to affect the validity of the other provisions herein.
13.7 Applicable Law and Jurisdiction. For all matters relating to the interpretation and fulfillment of this Agreement, hereby the parties submit, expressly and irrevocably, to the applicable laws of Mexico, and to the jurisdiction of the competent courts of Mexico City, and resign, expressly and irrevocably, to any other jurisdiction that may correspond by virtue of their respective present or future addresses, the location of their assets or for any other reason.
13.8 Comprehensive Agreement. This Agreement together with the Quote establishes all the terms agreed between the parties and replaces all other agreements between the parties related to such topic. By entering into this Agreement, neither party has relied on it and none of the parties will have any right or recourse based on any declaration, representation or guarantee, except those expressly established in this Agreement and/or 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 Vilu Travel Website, those on the Website will prevail.
