TERMS OF SERVICE

1. Use of the platform:

1.1. This platform (“PLATFORM”) is available to all users (“User” or “You”), and is subject to these general terms and conditions (“TERMS”). When you visit the PLATFORM pages, make a reservation on the PLATFORM, or otherwise use the PLATFORM, you acknowledge that you have agreed to these TERMS.

1.2. This PLATFORM is owned by MAYAN OUTDOOR & ADVENTURE TOURS S.A. DE C.V., a company with RFC: EZH090404MN3 and whose registered office is: Calle 22 # 193, Mérida, Yucatán, México, CP 97070. It is operated by MAYAN OUTDOOR & ADVENTURE TOURS S.A. DE C.V. under the trade name and Internet domain “VivaMexico-Travel.com” and in accordance with applicable laws, we inform you that MAYAN OUTDOOR & ADVENTURE TOURS S.A. DE C.V. acts as an independent intermediary, without an exclusive relationship with any tourist service provider. On the other hand, if you are a consumer who pays for a reservation with a credit or debit card issued by a financial institution, MAYAN OUTDOOR & ADVENTURE TOURS S.A. DE C.V. will act as a collection entity on its own behalf, therefore, it will be your agent in relation to your reservation.

1.3. The User acknowledges having the necessary age and legal capacity to make decisions and submit to a contract, as well as to use the PLATFORM in accordance with these TERMS, which are fully understood and recognized. The User will be responsible for protecting the passwords provided by MAYAN OUTDOOR & ADVENTURE TOURS S.A. DE C.V. to access the PLATFORM, and guarantees that no unauthorized third party will gain access to them. The User declares that all information provided by him/her to access the PLATFORM, before and during its use, is true, complete and accurate, and also guarantees that this information will be kept up to date.

1.4. This PLATFORM is solely and exclusively for the personal use of the User. Its modification, reproduction, duplication, copying, distribution, sale, resale and other forms of exploitation for commercial or equivalent purposes are prohibited.

1.5. The User agrees not to use this PLATFORM with illegal or improper files. Specifically, the User agrees that the services acquired through this PLATFORM are for his/her own use or consumption, or for the use and consumption of the persons on whose behalf he/she is legally authorized to act. The User may not resell to third parties the services acquired through this PLATFORM. MAYAN OUTDOOR & ADVENTURE TOURS S.A. DE C.V. reserves the right to deny access to the PLATFORM at any time, without prior notice.

2. How the PLATFORM Works

2.1. Through this PLATFORM, MAYAN OUTDOOR & ADVENTURE TOURS S.A. DE C.V. offers search and comparison services for travel services offered by local experts, as well as intermediation services that allow Users to acquire travel services according to their preferences and choices. By making a purchase on this PLATFORM, you order MAYAN OUTDOOR & ADVENTURE TOURS S.A. DE C.V. to acquire third-party services for you, which implies an obligation to pay. By acquiring travel services through this PLATFORM, you will enter into two contracts: (a) a contract between You and the Travel Provider(s) in relation to the provision of the requested travel service(s) and (b) a contract between You and MAYAN OUTDOOR & ADVENTURE TOURS S.A. DE C.V. in relation to the provision of intermediation and collection services. Unless expressly stated, MAYAN OUTDOOR & ADVENTURE TOURS S.A. DE C.V. acts as an Agent for you and does not enter into any contractual relationship with you and/or the Travel Provider in relation to the services you purchase on this PLATFORM.

2.2. The term “Travel Provider” includes, as applicable, tour operators, travel package providers, hotels, hotel chains.

2.3. MAYAN OUTDOOR & ADVENTURE TOURS S.A. DE C.V. will assist you in acquiring travel services, providing you with intermediation and collection services, therefore, acting on your behalf with the Travel Provider(s). It is important for you to keep in mind that Your travel service(s) are subject to the terms and conditions of each Travel Provider. We urge you to carefully review and read the terms and conditions of each Travel Provider before purchasing their products or services, especially those related to cancellation fees; visit your provider's website to review their terms and conditions.

2.4. By using this PLATFORM to purchase Travel Services, you authorize MAYAN OUTDOOR & ADVENTURE TOURS S.A. DE C.V. to act as your agent during the acquisition process with the Travel Provider(s), as well as to collect payment for products or services on your behalf, to the extent necessary, to ensure that the transaction between you and your Travel Provider(s) is completed correctly. The travel expert for the state that you selected from the MAYAN OUTDOOR & ADVENTURE TOURS S.A. DE C.V. platform

2.5. In addition to the above, MAYAN OUTDOOR & ADVENTURE TOURS S.A. DE C.V. has agreements with local experts in the Mexican Republic and in various countries, who can offer you the tour at your leisure. MAYAN OUTDOOR & ADVENTURE TOURS S.A. DE C.V. is the platform that will give you peace of mind for your safe purchase, since each of the local collaborators were duly selected based on satisfaction surveys, which guarantee what is required for the tourist's peace of mind. In all cases, if you purchase any product or service directly, you will be subject to a direct contract with the Travel Provider, without the intermediation of MAYAN OUTDOOR & ADVENTURE TOURS S.A. DE C.V.

2.6. Before you finalize the reservation by clicking on “ACCEPT AND PURCHASE”, you should take into account that the prices that will be displayed will be in accordance with the rates calculated daily by the Travel Providers, therefore, they may vary daily. Also, applicable taxes, such as airport taxes, may fluctuate daily. Therefore, the travel price will be set at the time of making a request.

2.7. Upon finalizing the purchase order by clicking on “ACCEPT AND PURCHASE”, you will receive a confirmation email of the request, containing the summary of all the details of the request, proforma of payment, as well as confirmation that the request has been correctly entered into the systems of the Travel Provider(s) and that the payment will be processed. Our obligation to process your purchase order is subject to having received it in full. After that, you will receive a second email confirming that your purchase of the travel service has been processed correctly and that your payment has been received in full. In addition, this email will contain an electronic folio number for clarification purposes. In the event that, for any reason beyond the control of MAYAN OUTDOOR & ADVENTURE TOURS S.A. DE C.V., your request, partially or totally, cannot be processed, we will contact you immediately.

2.8. MAYAN OUTDOOR & ADVENTURE TOURS S.A. DE C.V. reserves the right to cancel your request if we reasonably believe it is fraudulent, for example, if the payment method is not legally valid and/or if you are not the legal owner of said payment method, among other cases. In these circumstances, we will attempt to contact you using the email address you provided during the booking process or through your bank. If we are unable to contact you or your bank, we will automatically cancel your request for security reasons.

2.9. We will inform you that the request confirmation email is proof of your contractual relationship with MAYAN OUTDOOR & ADVENTURE TOURS S.A. DE C.V.. This document will be kept in the records of MAYAN OUTDOOR & ADVENTURE TOURS S.A. DE C.V. and you will be able to access it at any time upon request.

2.10. In relation to specific options or special requests related to the provision of travel services (for example, specific meals on board, facilities for disabled people, child seats, etc.), you must be aware that MAYAN OUTDOOR & ADVENTURE TOURS S.A. DE C.V. will transfer your requests and preferences to the Travel Provider(s), but you will need to wait for confirmation from the Travel Provider(s). As a result, We will expressly inform You that the request for any specific or special option may cause a delay in the confirmation of Your purchase. During this delay, We cannot guarantee that the service You requested will be available or that the price will be the same as that which appeared at the time You made Your request.

3. Purchase conditions

3.1. Cancellations and changes
3.1.1. The possibility of cancelling or changing a travel product or service purchased through this PLATFORM, as well as the way to do so, will depend on the terms and conditions of each of the Travel Provider(s), which normally agree with the type of rate chosen, for example, low-cost rates normally do not allow changes or cancellations, in some cases the change or cancellation may have an additional cost or a penalty. However, if you wish to request a change or cancellation, you must first verify the terms and conditions established by each travel provider and then make your request by email to the email or link indicated by each of them.

3.1.2. We inform you that once the purchase is confirmed, the intermediation service provided by MAYAN OUTDOOR & ADVENTURE TOURS S.A. DE C.V. will be deemed fully executed and therefore, you will not be entitled to exercise your right of withdrawal.

3.2 Prices and payment methods
3.2.1. You will see the total price of your request with the corresponding breakdown, once you have selected the Travel Services you wish to request, which you must do before entering into any contract or assuming any payment obligation. That total price will include the price of all the selected travel services, including optional services and service fees of MAYAN OUTDOOR & ADVENTURE TOURS S.A. DE C.V. Please note that service fees of MAYAN OUTDOOR & ADVENTURE TOURS S.A. DE C.V. are non-refundable. This is because service fees are charged for the intermediation services provided by MAYAN OUTDOOR & ADVENTURE TOURS S.A. DE C.V., which take effect when the reservation has been confirmed to you.

3.2.2. Please note that the price of the services at the time you complete your purchase and click ACCEPT AND BUY may change due to the time elapsed between the purchase and the time of receipt of full payment. In that case, to process your request you must accept the price of the travel service(s) that applies at the time full payment is received. In the event that any problem arises related to payment, we will contact you within forty-eight (48) hours from when you make the request (or within twenty-four (24) hours if your travel date is in forty-eight (48) hours) and we will tell you how to make the payment.

3.2.3. You can only use the payment methods indicated on the PLATFORM, MAYAN OUTDOOR & ADVENTURE TOURS S.A. DE C.V. does not accept other forms of payment.

3.2.4. For security reasons, you will be asked to enter your credit or debit card information each time you make a request, unless you provide us with your express consent to save that information for subsequent purchases. This information will not be stored on the systems for reasons other than payment processing and, where applicable, processing claims for refunds of unrefunded fares as set forth in 3.3. Please note that MAYAN OUTDOOR & ADVENTURE TOURS S.A. DE C.V. will need to share your credit or debit card information with the Travel Provider(s) in order to process your request. All information will be encrypted on a secure server. You authorize MAYAN OUTDOOR & ADVENTURE TOURS S.A. DE C.V. to use your credit or debit card information to: (i) pay for the products or services you have ordered, as well as any fees related to the products and services, (ii) pay the insurance premium, if applicable, (iii) administer refunds, where applicable, and (iv) pay for the services you have ordered after booking.

3.2.5. MAYAN OUTDOOR & ADVENTURE TOURS S.A. DE C.V. will also charge you additional fees for using certain forms of payment, as required by applicable laws, for example, if you use a corporate card or a three-party system (American Express). Please note that our systems automatically detect the form of payment you use and the corresponding additional fees that will be charged, if any. Please note that if you pay with a credit or debit card that is owned by someone other than you, we will assume that you have previously requested the cardholder's permission. MAYAN OUTDOOR & ADVENTURE TOURS S.A. DE C.V. reserves the right, on its own behalf and on behalf of the Travel Provider(s), to send e-tickets, confirmations, e-vouchers and other travel documents exclusively to the cardholder.

3.3. Refunds
3.3.1. Refunds are subject to the Travel Provider(s) Policies, as applicable. If you qualify for a refund under those Policies, please be aware that the refund will be processed using the same form of payment used to pay for the request. Please note that airfares contain different elements and not all of them are refundable, so even if you qualify for a refund under the Travel Provider(s) policies, the refunded amount may not be exactly the total price paid for the reservation.

3.4. Travel Insurance
3.4.1. MAYAN OUTDOOR & ADVENTURE TOURS S.A. DE C.V. recommends that you have travel insurance. If you decide to take out a travel insurance policy through the PLATFORM's recommendation, you will enter into a contract between you and the Insurance Company in relation to the provision of travel insurance, subject to the terms and conditions mentioned in the insurance policy. We recommend that you carefully read the terms and conditions of the insurance policy.

3.4.2. It is your responsibility to take out travel insurance since MAYAN OUTDOOR & ADVENTURE TOURS S.A. DE C.V. is not responsible if something happens during the trip and you do not have insurance to support you.

4. Intellectual and industrial property rights
4.1. All content on this PLATFORM (including, but not limited to, trademarks, text, graphics, logos, button icons, images, audio files and software) is the property of MAYAN OUTDOOR & ADVENTURE TOURS S.A. DE C.V. and/or its content providers, and is protected by national and international industrial and intellectual property laws. The compilation (which is understood as the collection, organization and assembly) of all content on the MAYAN OUTDOOR & ADVENTURE TOURS S.A. DE C.V. PLATFORM is the exclusive property of MAYAN OUTDOOR & ADVENTURE TOURS S.A. DE C.V. and is protected by national and international industrial and intellectual property laws. All software used on the MAYAN OUTDOOR & ADVENTURE TOURS S.A. DE C.V. PLATFORM or belonging to its software providers is protected by national and international industrial and intellectual property laws.

4.2. Any other use of the content of this PLATFORM, such as reproduction, modification, distribution, transmission, subsequent publication, display and/or representation in whole or in part, is strictly prohibited. Specifically, any type of use of the images included in this PLATFORM, which is done outside of this PLATFORM, is strictly prohibited without the express consent of MAYAN OUTDOOR & ADVENTURE TOURS S.A. DE C.V. and/or its suppliers.

4.3. MAYAN OUTDOOR & ADVENTURE TOURS S.A. DE C.V. and other product names, services, graphics and logos of MAYAN OUTDOOR & ADVENTURE TOURS S.A. DE C.V. are internationally registered trademarks. The names of other products, services and companies mentioned herein may be registered trademarks of their respective owners.

5. Other applicable terms and conditions
5.1. Passenger rights.
5.2. Request-related queries and complaints.
5.2.1. Please contact our Customer Service Department with any booking-related questions or complaints prior to your departure. If you have complaints regarding a Travel Provider, please ensure that you formally initiate the complaint procedure prior to your return.

5.3. Changes to the TERMS
5.3.1. MAYAN OUTDOOR & ADVENTURE TOURS S.A. DE C.V. may modify or update these TERMS at any time, without prior notice. The current version of these TERMS will be displayed on the PLATFORM when such charges are made. Please refer to the current TERMS each time you make a reservation on this PLATFORM.

6. Applicable law
These TERMS shall be interpreted and governed by the Federal Telecommunications and Broadcasting Law of your country of origin and, failing that, by the international law on digital platforms.

Annex 1. Information about spaces for other tourist service providers

We reserve a space on the PLATFORM for other tourist service providers that offer Flights, Lodging, Car Rentals and Activities anywhere in the world. Please note that the reservation for these services will be established between You and said tourist service providers. MAYAN OUTDOOR & ADVENTURE TOURS S.A. DE C.V. does not act as an intermediary in this transaction, but rather as an information service provider that delivers content or related search tools. It is IMPORTANT that you review the terms and conditions of your tourist service provider and the description of the service you wish to hire before making a reservation.