1. Terms and Conditions
This document contains the terms and conditions that rule the use of the web site http://marivalvacationclub.com/ (hereinafter “the Web Site”) owned by Operadora y Comercializadora Turística, S.A. de C.V. (“OyCT”) as authorized user of the brand name Marival. Any reservation made using the web site constitutes a binding agreement and signifies acceptance of the same, as well as acknowledgement to fulfill and to remain bond in accordance with these terms and conditions. Please make sure to carefully read and understand these terms and conditions before you book.
OyCT reserves the right to at any given time modify the content of these conditions of use and the information presented by means of the web site. Clients, users and visitors to the web site will be responsible to periodically access the same, as well as these terms and conditions to verify whether any modification has taken place.
Every individual or legal person (hereinafter “the Client”), for the simple fact of accessing, visiting or registering on the web site is automatically subject to these terms and conditions, as well as to future modifications. The Client states and guarantees to be of age and with capacity to buy or contract in his own name or on behalf of the legal person the Client claims to represent. Parents and guardians are responsible for the purchases or reservations made by children under their custody, either with our without their previous consent.
2. Hotel Packages
The reservation or purchase a Client makes of one or more of the packages offered by OyCT constitutes a contractual agreement between OyCT and the Client and implies the acceptance
by the Client of the terms and conditions hereby described, as well as the terms and conditions made known to the Client through the corresponding confirmation of reservation.
3. Inclusions and Exclusions
Unless otherwise expressed, the price of a package sold to the client will include lodging services in all inclusive plan and any other inclusion specified in the product description of the Web Site at the moment of the reservation. Likewise, the package will not cover services expressly excluded from the all inclusive plan or other of complementary character which the Client decides to contract once at the destination. The Client has the possibility to consult the web site for services not included in the hotel package or he can also consult directly the OyCT representative in charge of processing his reservation.
4. Product Descriptions
OyCT has carried out the necessary efforts to ensure that, at the moment of release, product descriptions are accurate. For several reasons beyond OyCT’s control, it is possible that modifications affecting product descriptions may occur. These modifications will be noted on the Web Site and OyCT will update the Web Site’s content accordingly. Clients are responsible for consulting the Web Site to be up-to-date as to such modifications. Likewise, Clients may lay out any doubts directly before the OyCT representative in charge of processing their reservations.
5. Prices Stated
Prices are expressed in pesos, the legal currency of the Mexican United States, and include all applicable taxes.
Alternatively, to the purpose of providing a better service to clients residing abroad, the Web Site may present an English version with prices expressed in US dollars, including all applicable taxes. In this case, the Client residing abroad and OyCT may agree that the payment be carried out in said foreign currency.
Unless the Client has received the respective confirmation of reservation, prices are subject to change at any time without prior notice.
Clients must pay in full the sum total of the amounts owed at the moment of reserving via telephone. The use of a credit card number indicates their consent and acceptance of the terms and conditions.
Accommodation services are subject to availability within the OyCT inventory. By accepting these terms and conditions, Clients understand that OyCT has an inventory contracted specifically with operators or hotels involved, which means that hotel availability on the dates desired by the Client does not mean OyCT has the same availability. Likewise, the Client understands that packages presented by OyCT can be different than those directly advertised by the hotels themselves or by other marketing channels.
7. Confirmation of Reservation
OyCT uses coupons sent by fax or electronic mail to confirm a reservation. Upon arrival (at check-in) the Client must present a coupon printout or at least provide his reservation number.
The Client is responsible to make sure the information displayed in the reservation coupon is consistent with the rest of his travel preparations.
Check in is at 3:00 p.m. and check out is at 12:00 noon, Central Time (Mexico).
8. Modification/ Cancellation of a Reservation
Changes of date or type of accommodation are only accepted 24 hours in advance, the latest, to the scheduled date of arrival and the change is invariably subject to availability, as well as the payment of resulting rate differences applicable according to current prices at the moment of change. To modify your reservation please contact OyCT’s Telephone Service Center 1 (877) 682-5527. Contact information is also shown on your confirmation coupon and/or the Web Site.
Price of accommodation packages presented on the web site is not refundable. However, the Client can travel and use his reservation within the term of one year from the date of purchase.
Changes in a confirmed, paid-for reservation made 30 or more days in advance will be free of charge. Changes required by the Client 30 days to 24 hours before the date of arrival will generate an administration charge of $1,300.00 M.N. (One thousand three hundred pesos, National Currency) Tax included.
A request of change received less than 24 hours prior to the date of arrival will not be processed and the Client will have no right to refund.
9. Refunds and Lodging Guarantee
With the exception of what is expressed in section 8, no refund will be made to Clients for unused services.
OyCT commits to honoring reservations confirmed in writing to the Client. On the contrary and for causes attributable to OyCT, it will cover the Client’s stay in Nuevo Vallarta, Nayarit or Puerto Vallarta, Jalisco immediately, during the time indicated in the reservation in an establishment of equal quality and category than that of the hotel where the reservation had been confirmed. If it fails to do so, OyCT will refund the Client within 15 natural days, counted from the date of formal notification of failure to comply; transportation expenses from the Client’s place of origin to the corresponding hotel, by means of accreditation of the existence of tickets used to this end and his return by the same means by which he traveled, as well as a new reservation on a date on which both parties agree.
Those events when accommodation services cannot be provided due to causes beyond its control or acts of God will constitute an exemption to what is established in the prior paragraph. In said cases OyCT will try to reschedule the Clients reservation for a date after the situation has returned to normalcy; therefore, the Client accepts that OyCT will not be liable, and neither will be the owner or operator of the corresponding hotel.
10. Liability Waver
OyCT acts as a marketing agent of services represented through the Web Site. Likewise, OyCT enters into agreements with third party service providers and other independent parties to provide accommodation packages bought by Clients.
Even though OyCT takes great care in selecting those service providers, it does not have control over their business activities, and cannot therefore be held responsible for their actions, omissions, failures, negligence or those of their employees, as well as for any resulting damages or losses.
OyCT will not be responsible for the quality or safety or the activities or services (such as excursions, optional tours, activities, etc.) offered by its service providers, neither for statements made by any of their agents in any of those activities and/or services. Additionally, OyCT will not be held liable for any unfulfillment or breach of agreement owed to an event of greater force or any cause that falls beyond reasonable control of OyCT or its service providers.
OyCT will be by no means held liable for any claim, loss, damage, cost or expense arising from personal injury, accident or death, neither for any loss or damage of property of Clients or any inconvenience, loss of enjoyment or disappointment that could result from the participation of the Client in such activities and/or services offered by OyCT’s service providers.
On the Web Site there could be links to third party web sites. Also the Web Site might provide information presented by third parties that make no part of OyCT. It is clearly stated that OyCT does not grant any kind of guarantee with respect to such information and will not be liable for any unfulfillment by said third parties.
OyCT, just like its associates, affiliates or subsidiaries, is not and will not be held liable in the following cases, established here in an illustrative, yet non limitable manner.
a) Transference of electronic viruses or their likelihood when accessing the Web Site
b) Typing, technical, spelling or design errors, or those caused by delays in the server and/or web site updating or part of it, as well as by lack of availability or delay in the issuing or delivery of data messages (including electronic mail, reservation requests or issue of confirmation of reservation)
c) Break-ins to the internet page or interception of data messages
d) Client error upon providing information required by the Web Site not immediately notified by the Client to OyCT for review, or
e) Duplication or error in processing credit card charges responsibility of the credit institution or bank
Disregarding what has been stated above, in the event that liability arises in the name of OyCT, such liability will be limited to the amount of the consideration paid by the Client.
11. General Comments and Complaints
To the end of allowing OyCT to rectify a situation or provide assistance, any incident, cancelled service, problem or dissatisfaction must be reported by the Client on the spot or as soon as it is possible.
In the destination, the Client is to contact the Concierge at the corresponding hotel to receive assistance and to remedy any problem, whenever it is reasonably possible. Concierges are generally found in normal days and hours in the hotel’s lobby area. If a problem cannot be immediate fixed or tended to it is asked from Clients to forward the problem’s details to OyCT within the following 30 days from their return from the trip, in writing, to the following address:
OPERADORA Y COMERCIALIZADORA TURISTICA, S.A. DE C.V.
Paseo de las Palmas 3, edificio 3.14 Living, local A-22,
Nuevo Vallarta, Bahía de Banderas, Nayarit, 63732.
Tel. 1 (877) 682-5527 (Toll free).
12. Intellectual Property
Access to Web Site does not grant the Client any kind of license as to the use of brand names, domain names, etc. whether found registered or not, as well as regarding the images or any other type of industrial or intellectual property presented through the Web Site. Likewise, the Client acknowledges that the Web Site is protected by applicable copyright and industrial property laws, and OyCT reserves all corresponding rights, whether as holder or authorized user.
This agreement is to be ruled, interpreted and considered in accordance to the laws of Mexico and the courts of Bahía de Banderas, Nayarit will have exclusive jurisdiction to see all matters or procedures between OyCT and the Client.
14. Policy of Privacy
In compliance with the applicable regulations regarding personal data protection, OyCT makes available its Privacy Notice to the Client on the Web Site. A copy can be also requested from OyCT’s Toll free Telephone Service Center at 1 (877) 682-5527
15. Total Agreement
These terms and conditions hereby constitute the total agreement between OyCT and the Client; therefore, any prior agreement, either verbal or written, is hereafter replaced.