My Cancun Concierge

GENERAL TERMS AND CONDITIONS MY CANCUN CONCIERGE

● MY CANCUN CONCIERGE (hereinafter, MCC) is your Online Travel Agency, whose technological platform allows a large number of tourism service suppliers (the "Supplier (s)") to offer and market their services to users, who in turn can seek inquiries about accommodations, tours, activities and other tourist services (the "Tourist Service(s)"), compare and book such services in real time, and purchase them separately or in combination, thus creating and managing their own trip, according to their personal needs.

● MCC is not the supplier of the Tourist Services and acts on behalf of and for the account of the Suppliers, so it is not obligated -directly or indirectly- to the Tourist Service´s execution. When you contract Tourist Services through MCC, you are entering into a contract directly with the Supplier that offers its Tourist Services through our Platform acting as an intermediary between you and the Tourist Service Suppliers and acting in the name and on behalf of the Supplier.

● By contracting Tourist Services through MCC, you warrant and declare under formal oath that: (i) you are of legal age; (ii) you expressly accept these Terms and Conditions, which you have fully understood and expressly consent to use electronic means; (iii) you have full capacity to conclude contracts; (iv) you only use the https://mycancunconcierge.com Platform to book or contract Tourist Services for you.

● These conditions are the general conditions that apply to the intermediation services provided by MCC and in no way replace or modify the legal limitations of liability established according to your country of residence, nor the special conditions that each Tourist Supplier has defined for its Tourist Services. Before contracting, check the particular conditions of each Tourist Service and of each Tourist Supplier. MCC is not responsible for and does not interfere in the particular conditions established by each Tour Operator for the provision of its Tourist Services.

● You expressly understand and accept that the intermediary activity of MCC in the commercialization of Tourist Services does not guarantee that the chosen destination does not present risks for the health and integrity of people. MCC is not responsible either directly or indirectly for any damage or loss that you or those traveling with you may suffer in any way before, during or as a consequence of the chosen destination. MCC is not responsible for events arising from acts of God or force majeure, including weather phenomena, acts of nature, trade union conflicts, among others, that may occur before or during the provision of the Tourist Service, and that could eventually delay, interrupt or prevent the execution of the same.

● Before confirming your purchase and prior acceptance of these General Conditions, we advise you to review directly the particular terms and conditions applicable to the Tourist Service you wish to hire. This way you will avoid surprises and will be able to enjoy your trip as planned. The terms and conditions of each Tourist Service are established by each Supplier without interference from MCC. It is especially clarified that MCC has no interference in the collection of penalties by the Suppliers or rate differences in the case of being applicable, which will depend on the terms and conditions of each Supplier.

INDEX

 

A. All Travel experience

B. Accommodations

C. Tourist Attractions (tours, restaurants, nightlife, transfers)

D. Covid-19 Settlement Agreement, Waiver and Release

 

A. All Travel Experience

A.1 Our Values

A.2 Pricing

A.3 Payment

A.4 Cancellations

A.5 No Shows

 

B. Accommodations

B.1 Accommodations booking, rates

B.2 Details of accommodation

B.3 Payment Method

B.3.1 Payment to MCC

B.4 Cancellation or accommodation´s overbooking

B.5 Arrival at the Hotel

B.6 Cancellation or Change Request

B.7 Children

B.8 Luggage

 

C. Tourist Attractions (tours, restaurants, nightlife, transfers)

C.1 MCC is not a travel package organizer

C.2 Cancellation and change policies for each service

C.2.1 Payment of services in Promotion price

C.2.2 Unfavorable weather conditions

 

D. Covid-19 Settlement Agreement, Waiver and Release

 

A1. Our values

You commit to:

·         Stick by Our values.

·         comply with all applicable laws.

·         cooperate in any anti-fraud checks that We may need to carry out.

·         not use the Platform to cause damage or make false Bookings.

·         use the Travel Experience and/or our Platform for its intended purpose.

·         not cause harm or damage and not behave inappropriately towards the Service suppliers 's staff (or anyone else, for that matter).

A2. Pricing

1. When you make a Reservation, you agree to pay the cost of the Travel Experience, including all charges and taxes that may apply.

2. Some of the prices you see may have been rounded up or down to the nearest whole number. The price you pay will be based on the original price, not the rounded price (although the actual difference between the two will be minimal).

3. Obvious errors and typos are not binding. For example, if you book a night in a deluxe suite that was mistakenly offered at US1, we may simply cancel the Reservation and refund any amount you have paid.

A3. Payment

Please note, when you inform MCC of your account information or credit card details (through the form available on the Platform or by the telephone with our travel consultant (i), then accept or confirm the transaction, you are authorizing us to charge: (ii) the Tourist Service fee (iii) any taxes, fees and/or fiscal charges that may apply. If you make a reservation by installment option and/or by credit card, please note that: a. The MCC´s management fee (if applicable) may be applied in full on the first installment even though you have chosen the installment payment option for the remainder of the price or rate. b. any interest and/or taxes that may be generated by installment payments are added to the proposed price or fee for the service, and such total is divided by the number of installments selected for payment. c. If a cancellation is made after the purchase, as long as the particular conditions of the Tourist Service allow it, MCC will not refund or be responsible for the interest that the original transaction has generated, as long as MCC does not receive such interest. e. price to be paid may be charged to the customer. The price to be paid may be charged in local currency (Mexican pesos) or in US Dollars, depending on whether the services are local or foreign. Remember that in the case of international transactions, some banks and credit card companies impose certain charges, in addition to taxes, which may apply according to the relevant foreign law. In addition, your bank may convert prices to local currency and charge a conversion fee. It may happen that the exchange rate used by the bank is different from the one presented on the Platform, so you may experience a variation between the amount charged by the bank and the amount reported on the Platform. The bank determines the exchange rate and the international transaction fee. In case of doubts about the exchange rate and fee applied to your reservation, please contact your bank.

A4. Cancellations

If You request a change or cancellation outside the deadlines and procedures explained in the previous point, and as long as the specific regulation of the fare, you have selected allows it, MCC will take the necessary steps to submit and follow up your request, but both the response time and the final decision will be made by the Tourist Service supplier. Please note that if the date of execution of the service is close, MCC cannot guarantee that the Tour Service supplier will issue a resolution of the issue. The manner of proceeding and special conditions governing changes or cancellations to a reservation confirmed by you are determined directly by the Travel Suppliers, who may establish fines or penalties applicable to the requested changes.

 MCC transactions are done online and in real time. When you request a change, you are canceling a confirmed reservation and requesting a new one that will be governed by the particular conditions applicable at the time you make the change, for which, in addition to the applicable penalties, there may be a fare difference consisting of the value resulting from the difference between the rate originally paid and the new rate according to rate availability at the time of making the change. Remember that tourist rates are dynamic and depend on variables such as advance purchase, travel dates, promotions.

In the case of refunds approved by the Supplier, these may be made by means of a credit or chargeback to the same card with which the reservation was made, subject to the authorization of the credit card holder. If the payment was made in cash and/or bank transfer, MCC will request your bank details in order to make the reimbursement by bank transfer. Refund and/or chargeback times will depend on each Supplier (in some cases it is usually estimated to be between 30 and 90 days).

A5. No Shows

If you do not show up to use your previously contracted reservation on the date and time indicated (or arrive late), this is known in the tourism market as a No Show, and you will not have the right to demand a total or partial refund of the amount paid. If you are not going to use all or part of your reservation, or if you are going to arrive late to use your reservation, we recommend informing MCC in advance in order to know the applicable restrictions. 

B. ACCOMODATIONS

Each accommodation, Hotel and/or lodging (the "Accommodation") has its own service regulations and rates.

B.1 Accommodations booking, rates

 

Many Hotels offer, for the same room, a "refundable rate" or a "non-refundable rate" (cheaper). If you book a "non-refundable rate" the Lodging may charge 100% of the stay at the end of the purchase without the right to any refund even if the impediments to use the lodging are due to force majeure. If you have doubts about the possibility of using the accommodation, we strongly recommend you book a "refundable rate".

Any penalties that may be reported are charged by the
Hotel. MCC does not charge penalties or additional Management Fees for changes and/or cancellations.

B.2 Hotel Information

Specific Hotel information such as name, location, categorization, check-in and check-out times, and included services are sufficiently detailed on the Platform or can be consulted to the travel consultant by phone. The room will be provided no later than 15:00 p.m. and the latest time to vacate a room must not be before 11:00 a.m. Please note that all information displayed on the Platform is provided and updated online directly by each Lodging. They are solely responsible for updating the rates, availability and other data displayed on the Platform. Please review the supplier´s terms and conditions and the comments of other passengers to verify that the Accommodation meets your preferences and needs. MCC is not and should not be construed as a promoter of the quality, level of service and/or the rating or ranking of any Accommodation.

B.3 Payment Method

MCC offers you different ways to make and pay for your accommodation booking. MCC, in each case, will indicate the available payment options according to the selected Accommodation.

B.3.1 Payment to MCC

Under this method, you agree that MCC will charge your credit card for the total price of the reservation, including taxes, fees and fiscal charges.

B.4 Cancellation or accommodation´s overbooking

MCC offers the Accommodations on its Platform according to the availability reported by the Suppliers through a computer reservation system. In no case will MCC offer an Accommodation that does not grant availability in the system. Notwithstanding the foregoing, please note that overbooking is a common practice in the tourism market, and, in some countries, this practice is regulated. The overbooking can also happen due to failures in the reservation systems or human failures. In the event that an Accommodation is unable to honor your reservation under the contracted conditions, the Accommodation shall provide you, at its cost, with an alternative accommodation/room of equal or higher quality than the one originally booked by you. MCC, as an intermediary, assumes no responsibility for the situation described above.

B.5 Arrival at the Hotel

Remember that if you do not show up at the Lodging on the corresponding date and time, the Lodging may cancel your reservation and consider it as NO SHOW, in which case you will not have the right to demand the total or partial refund of the amount paid. If for any reason you are going to arrive outside the indicated schedules, please contact the Lodging and/or MCC in advance.

B.6 Cancellation or Change Request

The possibility of making changes and/or cancellations and, in its case, the penalties applicable to each circumstance are subject to the policies of the Lodging that are informed in the Confirmation email. MCC does not set or charge penalties for changes and/or cancellations. Any exception to these conditions must be authorized by the hotel.

B.7 Children

If you are traveling with children, you must include them in the reservation, even if they do not occupy a bed. Remember that there are accommodations that do not accept minors.

The age of the children that the client INDICATES IN THE PLATFORM OR TO the travel consultant must be the age of the minor at the time of the trip (check in at the hotel). In case of providing MCC with a lower age than the one that the minor will have during the trip, it will be subject to the charge of the difference indicated by the hotel for the access of the minor, without this being cause for cancellation of this or any other service contracted with MCC or refund, it is your responsibility to provide the real ages considering this.

B.8 Luggage

Deposit of valuable goods: If you are carrying effects of higher value than those normally carried by passengers, you must inform the Lodging and store them in the safety deposit boxes available at the Lodging. The responsibility of the Lodging is limited to the declared value of the deposited effects. Please note that if your effects are excessively valuable in relation to the importance of the Lodging, or if they would cause a nuisance to the Lodging, the Lodging may refuse to receive them.

C. TURIST ATTRACCTIONS

As tourist attractions we understand Tours, Restaurants, Nightlife, Transfers displayed on the Platform. MCC simply acts as an intermediary showing the available options and allowing you to select the Services, Suppliers and combinations of Services according to your own tastes and needs but without ceasing to act as an intermediary in accordance with the applicable Mexican regulations.

C.1 MCC is not a travel package organizer

 

MCC does not arrange packages, nor does it advise or attempt to sell one specific Service and/or supplier over another. You can visualize on the Platform all the available options. MCC may suggest packages combining Services to facilitate your search. However, you may modify any of those Services at any time prior to purchase so that the package suits your needs. Remember that MCC does not act as an organizer, as it is not the one who chooses and/or combines the Services or decides which will be the supplier and/or designs the schedules.

 

C.2 Cancellation and change policies for each service

 

Please note that each service selected by you follows its own cancellation and/or change conditions established by each supplier. MCC reserves the right, at its sole discretion, to modify, alter or otherwise update these Terms and Conditions at any time. Modifications shall be effective as of the time indicated; otherwise, they shall be deemed to be effective immediately. By using this Platform after modifications are posted, you agree to be bound by such modifications, alterations or updates to the Terms and Conditions of Purchase, without any right to make any claim in connection therewith.

 

It is in full knowledge of the client, that if the people who will take the tour are not at the right time in the hotel lobby or meeting point agreed with the tour supplier, these will be lost without the possibility of refund or change, it is the responsibility of the client to be at the right time, because the transportation has a scheduled itinerary, if so, the guide will leave a message or take evidence noting the absence of the client.

 

If this happens due to any ordinary or extraordinary issue, the client releases the tour operator and My Cancun Concierge from any responsibility, therefore, we kindly ask you to be on time for the pickup by the transportation or at the departure point.

 

C.2.1 Payment of services in Promotion price

 

The total amount granted for the concept of the partial or full payment of services in PROMOTION PRICE is not refundable, cancellable or accumulative under any ordinary or extraordinary circumstances. Any personal or work-related issues that prevent you from taking your tours are not the responsibility of MCC. Your tours will be in effect as agreed and therefore we do not default in any way. By making this payment the client is aware and accepts this.

 

It is also not a cause for reimbursement if the client oversleeps and does not go down to the lobby at the agreed time or arrives late to the meeting point. Evidence of this will be taken as the time you contact our travel consultant, as well as calls, messages, videos from the supplier, lobby videos and so on to prove non-compliance with this. To demand a refund, you will need to have real and convincing evidence that you were on time and at the right place, so we suggest you advise our travel advisors.

 

C.2.2 Unfavorable weather conditions

 

In case of unfavorable and extreme weather conditions that in any way do not allow you to perform your activities, you will be offered new dates for your use or a different Tour; however, it is not a cause for cancellation of your services or refunds because it does not depend on us the weather and it is for your safety. Clarifying that it must be the weather that causes the suppliers or parks to cancel their services, but as long as the tours take place or the parks and attractions operate, your services must be taken. Any exceptions to this rule must be communicated with the supplier and MCC, in which case we may seek an alternative, but we are not obligated to waive this term.

 

It is possible that in case of unfavorable weather some activities of the parks, tours may not be available, this is for your safety, and it is not any breach of MCC or the supplier, therefore, it is not a reason to demand any refund or compensation.

 

Only the reservation holder can make changes or discuss operational issues with MCC.

 

D. COVID-19 SETTLEMENT AGREEMENT, WAIVER AND RELEASE

By booking with MCC, you have carefully read our terms and conditions and agree that MCC acted only as a booking intermediary between you and the final service supplier. However, due to the COVID-19 pandemic that has affected the world, most of our suppliers, such as: hotels, transportation companies, tours, airlines, etc., are committed to continue guaranteeing your well-being so that you and those for whom you are responsible (among others, the other Users included in the same reservation) feel more cared for than ever. Therefore, they have implemented safety and hygiene protocols in order to provide you with a quality service and a safe vacation. Therefore, you and those for whom you vouch understand that there are many unknowns related to the COVID-19 virus, including, but not limited to, its methods of transmission, symptomatology and duration. You further understand and are aware of the inherent risks associated with COVID-19 and agree to book and use the services of End supplier recognizing and assuming those risks.

You and those for whom you are responsible release, hold harmless and agree not to sue MY CANCUN CONCIERGE, and its predecessors, successors, affiliated entities, parents, subsidiaries and other related entities, past or present directors, assigns, representatives, agents, attorneys, managers, administrators, business partners, Suppliers, or any other persons in any way related to MCC (the "Releasees") with respect to any claim, action or demand for any damages and/or injury, whatever their nature, economic, financial or otherwise, legal, contractual or tort, directly or indirectly related to the transmission, transmission or spread of COVID-19, including those claims for damages arising from actions or omissions of any of the suppliers, or from actions or omissions by you in failing to abide by measures or protocols imposed by the suppliers. During the time that you and those for whom you are responsible use the suppliers ' service, you agree to comply with any and all requirements of the suppliers related to COVID-19, including, but not limited to, compliance with governmental orders or guidelines, orders for social distancing and/or use of masks, immediate communication to the suppliers of symptoms and/or possible infection, personal hygiene standards, isolation and quarantine, and any other orders or directives issued by the suppliers, or any home country agency or entity or any local authority. We reiterate that all hygiene and safety protocols adopted by the final Suppliers are the responsibility of the latter, and MCC assumes no responsibility for the efficiency of such protocols.