TERMS AND CONDITIONS
DISCLAIMER OF LIABILITY
- i. The Information, Software, Products and Services published on this Website may include inaccuracies
or errors, and even errors in pricing. In particular, the Companies and Affiliates of
ODIGOO TRAVEL do
not guarantee the accuracy and disclaim all responsibility for any errors or other inaccuracies related
to the information and description of the hotel, airline, cruise, car and other products and travel
services displayed on this website (including, but not limited to, pricing, photographs, hotel amenities
list, general product descriptions, etc.). In addition,
expressly reserves the right to correct any error in the price on our website and / or pending
reservations made under an incorrect price. In this case, if applicable, we will offer you the
possibility of keeping your reservation pending at the correct price or we will cancel your reservation
without applying any penalty.
will not be responsible for the veracity of the photographs shown on its Site since they are only
representative and do not guarantee that upon arrival, everything will be exactly the same as it is
appreciated in them and in the site’s descriptions; since they are provided by the providers of each
service, activity or product, for which their veracity is the sole and exclusive responsibility of the
providers and any claim about alleged misleading advertising You acknowledge that you must make it
directly to the providers for not being responsible for said images with full knowledge of you from the
moment you hire your tourist service.
ODIGOO TRAVEL, its affiliates and their respective suppliers do not make any representation about the suitability of the information, software, products and services included in this website for any purpose and the inclusion or offering of any product or service on this website does not constitute any promotion or recommendation of said products or services by the Companies or Affiliates of Odigoo Travel. Such information, software products and services are provided "as they are" without warranty of any kind. The Companies and Affiliates of Odigoo Travel and their respective suppliers waive all guarantees and conditions that this website, its servers or any email sent from the Companies and Affiliates of Odigoo Travel and / or their respective suppliers are free of viruses or other harmful components. The Companies and Affiliates of Odigoo Travel and their respective suppliers hereby waive all guarantees and conditions related to this information, software, products and services, including all implicit guarantees and conditions of merchantability, suitability for a particular answer, title, and non-violation.
- ii. The hotel, tour, activity, transportation service or other customer’s ratings that are shown on this website are intended only as a general guide and the Companies and Affiliates of ODIGOO TRAVEL do not guarantee the accuracy of those evaluations. The Companies and Affiliates of Odigoo Travel and their respective Providers do not make any guarantees regarding the availability of specific products and services. Odigoo Travel and its Affiliates as well as their respective suppliers may make improvements and / or modifications to the website at any time. The star category assigned to hotels and services, as they are based on the interpretation of Odigoo Travel and the Direct Service Providers and may differ from the categories reported elsewhere
- iii.ODIGOO TRAVEL
and its Affiliates will not be responsible, nor assume any responsibility for any damage or virus that
may infect your computer or any other property of you due to the access, use or navigation you make of
this site, or by downloading any material, data, text, image, video or audio from the site. In no case
Odigoo Travel and its Affiliates will be responsible for any injury, damage, loss, loss, claim or any
special, punitive, indirect, incidental damage due to negligence, or illegal, resulting from:
- A) Any use of this site or the content found here
- B) Any failure or delay (including, without limitation, the use of, or the inability to use, any component of this site for reservation services or ticketing), or
- C) The operation or non-operation of the provider, including, but not limited to, non-operation resulting from bankruptcy, reorganization, bankruptcy, commercial bankruptcy, declaration of insolvency, dissolution or liquidation, strike, work stoppage, suspension of activities by decision of the suppliers' workers, or by any other similar, since you understand that Odigoo Travel is only an intermediary in the provision of services tourism offered on the site and understand that in most cases you cannot control the destination of the payments you have made and even more so if they have already been used, where appropriate, by the providers.
If, despite the above limitation, it is found that Odigoo Travel and its Affiliates or their respective providers are responsible for the loss or damage that arises or is related in any way to any of the events mentioned above, then the responsibility of Odigoo Travel and co. will not exceed, whichever is greater: (a) the charges for services that you pay to Odigoo Travel. in connection with such transaction from this website or (b) one hundred US dollars (($ 100.00 USD) or the equivalent in local currency.
- iv. The carriers, hotels and other suppliers that provide the travel and other services of this website are independent contractors and are not agents or employees of ODIGOO TRAVEL or its the Affiliates. The Companies and its Affiliates are not responsible for the acts, errors, omissions, representations, guarantees, violations or negligence of any provider as well as for any personal injury, death, damage to the property or other damages or expenses that result as a consequence of it. The Companies and Affiliates of Odigoo Travel are not responsible and will not make any type of refund in case of any delay, cancellation, excess reservations, strike, force majeure or other cases that are outside their direct control as well as they are not responsible for any expense, omission, delay, change of route or acts of any government or authority.
- v. ODIGOO TRAVEL
as an online Travel Agency, provides services as an intermediary reservation agent between you and the
Provider or direct Providers of the tourist services promoted on this website. Odigoo Trave lestablishes
commercial negotiations within its own quality and service standards, such as, but not limited to: hotel
accommodation, ground transportation and other related tourist activities such as tours and excursions,
choosing only the most qualified and prestigious suppliers on the market. Now, since the legal nature of
Odigoo Travel is to act solely and exclusively as INTERMEDIARY and not as a direct provider of tourist
services, Odigoo Travel does not assumes or will assume any responsibility generated from any
relationship before You and the Final Service Providers and, in turn, You release Odigoo Travel from any
responsibility for any failure or lack of compliance by the Provider or direct Providers of tourist
services, including without limitation any failure or compliance by airlines, hotels, temporary
accommodation providers, shipping companies and all kinds of boats, water sports providers, car rental
agencies, transportation agencies, operators of tours, dive instructors, snorkel instructors, golf
instructors, swim with dolphins instructors, fishing instructors, sports providers from adventure and
extreme sports, water parks, ecological parks, and in general about any failure or lack of compliance by
all those tourist services that are provided directly by one or more Suppliers and not directly by
Odigoo Travel; However, Odigoo Travel may at its free discretion provide you with contact information
and / or address of the provider in order for you to exercise the respective claim or claim method that
you consider necessary.
Odigoo Travel as a Travel Agency and INTERMEDIARY reservation agent, does not offer, nor will it offer any guarantee on the services provided directly by the Suppliers, nor does it guarantee their financial position or any reimbursement to You caused by any loss experienced as a result of the financial condition of said Provider, including without limitation, the financial insolvency, or Commercial Bankruptcy in which said Provider is declared. In the event that the Provider fails to comply with any of its services, for which the payment has already been made, the sole recourse for reimbursement must be processed directly with the Provider that failed to provide its services, or may request the insurance coverage if applicable or before any other third party, unless the previous failure is caused directly by Odigoo Travel.
Odigoo Travel does not assume responsibility before you and you release Odigoo Travel from any responsibility for acts, omissions or any type of complaint or dissatisfaction derived from the services provided by the direct service providers on the Site announced, by virtue of the fact that Odigoo Travel has no control or legal relationship over their personnel, equipment, operation, advertising or property. In those situations, in which the Provider fails to provide its services, you may attempt any recourse allowed by applicable laws against the Provider. Odigoo Travel guarantees that it has high standards of service and will take special care in the selection of Suppliers to avoid their failure at all times.
- vi. You must be liable for the damages that you generate to
resulting from any misuse or incorrect use that may be made of the website, or on any fraudulent
operation or for purposes contrary to the services provided in the website or those that go against the
laws and regulations in force and applicable.
The limitation of liability reflects the allocation of risks between the parties. The limitations specified in this section will survive and apply even if the limited remedy specified above is found not to serve its essential purpose. The limitations of liability that are specified are for the benefit of the Companies and the Affiliates of Odigoo Travel or their respective suppliers.
- vii. At the insistence of you to carry out any type of trip, tourist activity, tour, excursion, travel through any type of air, land, sea and or other type of transportation, under precarious health conditions or that are not optimal to perform such activities, as well as your participation in any type of extreme sports or activities that may involve some danger and that were carried out under your full knowledge, or when you suffer from any type of disease, medical condition, disability, any type of allergy, find under medication or medical prescription, indications of rest and / or all those medical conditions that at your own risk were omitted and that could result in a deterioration to your health at the time of participating in said activities with awareness of cause. Under such occasions it will always be considered that you were participating on them at your own risk, releasing Odigoo Travel with respect to any complaint, demand, complaint, disagreement, reward, compensation, compensation, claim for direct, indirect, punitive damages, courtesy, etc., derived from any incident caused during the development of any service or activity and any future event derived from the initial incident for any of these causes.
- viii. Any other event that is not under the direct control of ODIGOO TRAVEL. Any written claim or notification against Odigoo Travel must be received no later than fourteen (14) days after the return from your trip; Odigoo Travel reserves the right to reject or carry out a commercial operation with any User-Tourist at any time; Odigoo Travel reserves the right to cancel or change travel services at our discretion, but we will try to replace them with comparable services; You will be responsible for verifying that the final Provider has special services such as access, amenities and services for people with disabilities, physical or of any other type, which it is suggested to do before making your reservation. You will be responsible for reading and abiding by the terms and conditions and / or policies of the final Service Providers.
You agree to defend and indemnify ODIGOO TRAVEL, its Affiliates and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
- 1. Your breach of these Website Terms, Conditions and Notices or the documents referenced herein;
- 2. Your violation of any law or the rights of a third party; or
- 3. Your use of this Website.
COPYRIGHT AND TRADEMARK NOTICES
- i. All the contents of this website including the logo are all rights reserved by ODIGOO TRAVEL. Other logos, products and company names mentioned herein may be trademarks of their respective owner.
- ii. If you are aware of an infringement of our brand, please let us know by e-mailing us at email@example.com. . We only address messages concerning brand infringement at this email address.
iii. Any software that is made available to download from this Website ("Software") or through your
mobile application store, including the Odigoo Travel mobile application (the "Mobile Application")
is the copyrighted work of the Odigoo Travel Companies and/or our respective suppliers. Your use of
such Software is governed by the terms of the end user license agreement, if any, which accompanies,
or is included with, the Software ("License Agreement"). You may not install or use any Software
that is accompanied by or includes a License Agreement unless you first agree to the License
Agreement terms. For any Software made available for download on this Website not accompanied by a
License Agreement, we hereby grant to you, the user, a limited, personal, non-exclusive,
nontransferable license to download, install and use the Software and/or the Mobile Application for
viewing and otherwise using this Website and/or accessing the content and information available
within the Mobile Application (including, without limitation, price and availability of travel
Please note that all Software, including, without limitation, all HTML code and Active X controls contained on this Website, is owned by the Odigoo Travel Companies, Odigoo Travel Affiliates, and/or our respective suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited. The software is warranted, if at all, only according to the terms of the license agreement.
The content and information on this Website (including, but not limited to, price and availability of travel services), as well as the infrastructure used to provide such content and information, is proprietary to us or our Suppliers and providers. While you may make limited copies of your travel itinerary (and related documents) for travel or services booked through this Website, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:
- 1. use this Website or its contents for any commercial purpose;
- 2. make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
- 3. access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
- 4. violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
- 5. take any action that imposes or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- 6. deep-link to any portion of this Website (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission; or
- 7. "frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization.
- 8. If your booking or account shows signs of fraud, abuse or suspicious activity, Odigoo Travel may cancel any bookings associated with your name, email address or account, and close any associated Odigoo Travel accounts. If you have conducted any fraudulent activity, Odigoo Travel reserves the right to take any necessary legal action and you may be liable for monetary losses to Odigoo Travel, including litigation costs and damages. To contest the cancellation of a booking or freezing or closure of an account, please contact Odigoo Travel Customer Service.
LINKS TO THIRD PARTIES SITES
This Web site may contain hyperlinks to Websites operated by parties other than Odigoo Travel, Inc. Such hyperlinks are provided for your reference only. ODIGOO TRAVEL, Inc. does not control such Web sites and is not responsible for their contents or your use of them. Odigoo Travel, Inc.'s inclusion of hyperlinks to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators.
FACEBOOK, TWITTER, YOU TUBE SITES.- This Site contains a link to different social media pages, including Facebook pages with username: Facebook with username: Odigoo Travel, twitter with username: Odigoo Travel and You Tube with user (to be defined), accounts managed by Odigoo Travel; You acknowledge that these pages are exclusively for informational use, advertisement and social interactions by Odigoo Travel, and Odigoo Travel will not be responsible in an enunciatively but non-limiting way for the content, information , publication of third parties, comments, photographs, videos, hashtag content, or any other material outside the scope of the direct administration of Odigoo Travel nor by the material shared on said social sites by you or any third party outside the administration of Odigoo Travell may violate industrial property rights or copyright. You are responsible for the use that you can give to said sites, and you release Odigoo Travel from any responsibility for any incorrect or malicious use that you may make of them, or for publications, information, comments, and miscellaneous material that could be offensive, insidious, erroneous, pornographic or that could incite violence, rebellion, strike, or any activity not permitted by law and good customs.
You acknowledge and accept your full obligation and responsibility to provide truthful and correct data about the ages, sex, names or surnames of both you and the other user-tourists who accompany you or who commission you to use this Site, as well as of the data and complete information for the formation of the itinerary and the reservation of land and maritime services (hotels, visits, rental cars, restaurants, cruises, etc.) freeing Odigoo Travel from any responsibility for Itinerary changes generated by poorly provided data, or by any error in the data provided by you, adhering, where appropriate, to the cancellation clauses of the Terms and Conditions.
RESPECT OF THE RULES AND CONDITIONS OF THE SERVICES
You agree to adhere to and respect the regulations and conditions of service established by each of the Providers and direct service providers contracted by you through the intermediation of Odigoo Travel, therefore Odigoo Travel must inform you of the most important ones, however the Provider may inform you of new or additional service conditions for which Odigoo Travel has no responsibility and consequently declines any liability that may arise from its breach.
Odigoo Travel may terminate these Terms and Conditions and / or any of its services at any time without the need to notify such termination, for any cause or reason, including for inappropriate use of this site or your breach of these Terms and Conditions. However, such termination will not affect any right or obligation by Odigoo Tavel once your reservation has been confirmed.
You may not assign, subcontract, or delegate your rights, obligations or duties contracted here.
The titles used in the Terms and Conditions are only used for your convenience and will not limit or otherwise affect the content of the Terms and Conditions established herein.
These Terms and Conditions (which are included here) or to which reference is made, constitute the total and complete agreement between the parties in relation to the object established here, and substitute any previous agreement or contract made between the parties (whether oral or written) that is related to the same object, and will not be amended or modified except if it is done by a written document or by making such amendments or modifications available on this site.
These Terms and Conditions will be subjected to the laws of the state of Quintana Roo. You declare that you know the scope of these terms and conditions and that these terms and conditions are the faithful expression of your will and are submitted in the event of non-compliance or interpretation to the jurisdiction of the Federal Consumer Prosecutor's Office, in the administrative way, as conciliatory instance, to resolve the differences that may arise and if they subsist, you agree to submit to the jurisdiction of the Laws and Courts of Cancun, Quintana Roo, Mexico, under their exclusive jurisdiction, renouncing in turn any another jurisdiction that, due to their present or future addresses or because of the location of their assets or their nationality, may correspond to them. To the extent permitted by applicable law, no complaint, claim or cause of action that is related to your access or use of this Site must be submitted after the expiration of one (1) year following the date on which such complaint, claim or action has been filed or the purchase has been completed.