Conditions of Service

In order to use this website, you must agree to the terms and conditions of the Website Use Agreement. Please read carefully the agreement which follows. By simply viewing this website, you indicate that you have read and agree to its terms and conditions. By continuing to use this site you independently agree that you have read and agree to the Website User Agreement's terms and conditions, as well as all subsequent modifications of such terms and conditions, as provided in the agreement. If you do not agree with any part of the following terms and conditions, you must not use this site.

Website Use Agreement

1. ACCEPTANCE OF THIS AGREEMENT.

This Website Use Agreement (the ”User Agreement”) governs the use of this site. As used in this agreement ”User” and ”you” refers to any person accessing or using this website. ”Companies,” ”THE COMPANY,” ”us,” and ”we” refers to Desarrollo Marina Vallarta, S.A. de C.V, Desarrollo Inmobiliario Marina Vallarta, S.A. de C.V., Desarrolladora Turística Hotelera S.A. de C.V., Comercializadora y Servicios de Turismo S.A. de C.V., MW Hoteles S.A. de C.V., Operadora Aeroportuaria Golfo de Cortez S.A. de C.V., and any other corporation whose products or services are represented on this website. When you use any portion of this site or any link from this site, you agree to all terms and conditions of this User Agreement, and you acknowledge that, in providing you with access to this site we have relied upon your agreement to be bound by the terms of this User Agreement. You further acknowledge that you have read, understood and agreed to be bound by the terms of hereof, and that when in the future you click on an ”I agree”, ”I consent” or other similarly worded ”button” or entry field with your mouse, keystroke or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature. You represent and warrant that you are not a resident of, and you are not using this website from, a jurisdiction in which this website, this User Agreement, or the use of this website by you would be in whole or in part unenforceable or limited in any way, or subject to any regulatory compliance, registration, tax, approval or other requirement. You further agree that you will not use this website from any such jurisdiction or if you become a resident of any such jurisdiction.

2. OWNERSHIP.

This site, and each of its modules, together with the arrangement and compilation of the content found on this site, is the copyrighted property of the Companies and/or its affiliates, its various third party providers and distributors. In addition, the trademarks, logos and service marks displayed on this site (collectively, the ”Trademarks”) are registered and common law Trademarks of THE COMPANY, its affiliates, and various third parties. Nothing contained on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the written permission of THE COMPANY, or such other party that may own the Trademarks.

3. USE OF SITE.

THE COMPANY grants you a limited, non-transferable license to use this site in accordance with the terms and conditions of this User Agreement. You may only use this site for informational purposes. This site and the content provided in this site, including the text, graphics, button icons, audio and video clips, digital downloads, data compilations and software, may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of the Companies, and/or is affiliates, its third party providers and distributors, except that you may download, display and print the materials presented on this site for your personal, non-commercial use only. You may not use any ”robot,” ”spider” or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on this site, in any case without the prior written permission of the Companies. You agree that you will not transmit or otherwise transfer any Web pages, data or content found on this site to any other computer, server, Web site, or other medium for mass distribution or for use in any commercial enterprise. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of this site. You agree that you will not take any action that imposes a burden or load on the infrastructure that the Companies deems in its sole discretion to be unreasonable or disproportionate to the benefits THE COMPANY obtains from your use of the site. You will not use this site for any purpose that is unlawful, abusive, harassing, libelous, defamatory, obscene or threatening. You will not use this site to solicit or in any way communicate with THE COMPANY customers or others for any purpose.

Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials, and you must not alter, obscure or obliterate any of such notices. The use of such materials on any other Web site or in any environment of networked computers is prohibited. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. In addition, you are prohibited from posting or transmitting any information which (a) infringes the rights of others or violates their privacy or publicity rights, (b) is protected by copyright, trademark or other proprietary right, unless with the express written permission of the owner of such right, (c) contains a virus, bug or other harmful item, or (d) is used to unlawfully collude against another person in restraint of trade or competition. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of this site.

THE COMPANY reserves the right to modify this Site at any time and, in its sole discretion, may make modifications to the Site, including without limitation, with respect to the Information, advertising, links, product, services and features found at the Site or acquired through it (of THE COMPANY and/or third-party providers).

4. TRADEMARKS

The trademarks, logos and service marks and trade dress displayed on this Site (collectively, the ”Trademarks”) are registered and common law Trademarks of the companies, its affiliates and various third parties. Grupo Mayan, Grand Luxxe, The Bliss, The Grand Bliss, Grupo Vidanta, La Jolla de Cortes, Mar de Cortes International Airport, Mansions of the World, and other Vidanta logos and product and service names are trademarks of the companies. Any reproduction or use of any of the contents of this Site without the express written consent of the companies is prohibited. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the written permission of the companies or such other party that may own the Trademarks.

5. COPYRIGHT

This Site, including each of its modules, is the copyrighted property of the companies and/or their various third party providers and distributors. This Site and the content provided on this Site may not be copied, reproduced, republished, uploaded, posted, modified, transmitted or distributed without the written permission of the company, except that You may download, display and print one copy of the materials presented on this Site on a single computer for Your personal, non-commercial use only. Unauthorized use of this Site and/or the materials contained on this Site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials. The use of such materials on any other web site or in any environment of networked computers is strictly prohibited.

6. AGE AND RESPONSIBILITY.

You represent that you are of sufficient legal age to use this site and to create binding legal obligations for any liability you may incur as a result of the use of this site.

7. MINORS AND THE CHILD ON–LINE PRIVACY AND PROTECTION ACT.

The Site is not designed for anyone under age 18. If you have agreed to allow your minor child, or a child for whom you are legal guardian (a ”Minor”), to register for any service at the Site, then you are acknowledging and agreeing that you shall be solely responsible for: (a) the on-line conduct of such Minor; (b) monitoring such Minor's access to and use of the Site and the Information at the Site; and (c) the consequences of any use of the Site by such Minor. If you do permit use of the Site by your minor child, please be advised that THE COMPANY does not wish to receive, nor may you provide or allow your child to provide, any personally identifying information or data from or concerning a child under age 13. THE COMPANY may use all personally identifying data submitted or collected at the Site, such as name, physical and e-mail address, telephone or fax number, in any fashion that is consistent with its Privacy Policy. Therefore, before submitting or allowing your child under age 13 to submit any personally identifying information, you must first contact THE COMPANY and provide express permission for the receipt and use of such information.

THE COMPANY hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.

You hereby acknowledge having read and accept and agree to all terms and conditions of THE COMPANY’s Privacy Policy, also found at the Site, which are hereby incorporated in this Agreement. Personally identifying data that you provide to THE COMPANY and submit at the Site will be collected, used and shared by THE COMPANY in accordance with its Privacy Policy.

8. REVIEW OF TRANSMISSIONS.

THE COMPANY may, but shall have no obligation to, from time to time monitor and review any information transmitted or received through this site and reserves the right to censor, edit, remove or prohibit the transmission or receipt of any information that THE COMPANY deems inappropriate or in violation of these terms and conditions. During monitoring, the information may be examined, recorded or copied, and your use of this site constitutes your consent to such monitoring and review. You agree that if you submit suggestions, ideas, comments or questions or post any other information on this site, you grant THE COMPANY and its affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicenseable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content in any form, media or technology. THE COMPANY takes no responsibility and assumes no liability for any content posted or submitted by you. Furthermore, when you use, you acknowledge that your transaction may not be reviewed by any person before being executed, and you also will not have the opportunity to ask questions or otherwise interact with a representative. By using this site you voluntarily agree to assume any added risk that may result from the lack of human review of your transaction.

9. EXCLUSION OF WARRANTY.

THE COMPANY, ITS AFFILIATES AND ANY THIRD PARTY PROVIDERS AND DISTRIBUTORS MAKE NO WARRANTY OF ANY KIND REGARDING THIS SITE AND/OR ANY MATERIALS PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN ”AS IS” BASIS. THE COMPANY, ITS AFFILIATES AND ANY THIRD PARTY PROVIDERS AND DISTRIBUTORS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. NEITHER THE COMPANY, ITS AFFILIATES, NOR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS WARRANT THAT THIS SITE, ITS SERVERS OR ANY E-MAIL SENT FROM THE COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

10. LIMITATION OF LIABILITY.

THE COMPANY ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE. IN NO EVENT SHALL THE COMPANY, ITS PROVIDERS OR DISTRIBUTORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THIS SITE OR CONTENT FOUND HEREIN, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR RESERVATIONS), OR (III) THE PERFORMANCE OR NON PERFORMANCE BY THE COMPANY, ITS AFFILIATES OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY. Without in any way limiting the generality of the foregoing, THE COMPANY, its affiliates or third party providers and distributors will not be liable for any loss that results from a cause over which that entity does not have direct control. Such causes include, but are not limited to, (1) the failure of electronic or mechanical equipment or communication lines; (2) telephone or other interconnect problems; (3) bugs, errors, configuration problems or the incompatibility of computer hardware or software; (4) the failure or unavailability of Internet access; (5) problems with Internet service providers or other equipment or services relating to your computer or network; (6) problems with intermediate computer or communications networks or facilities; (7) problems with data transmission facilities or your telephone, cable or wireless service; or (8) unauthorized access, theft, operator errors, severe weather, earthquakes, other natural disasters or labor disputes. THE COMPANY, its affiliates or third party providers and distributors also are not responsible for any damage to your computer, software, modem, telephone, wireless device or other property resulting in any way from your use of this site. If, notwithstanding the foregoing, THE COMPANY, its affiliates, or any third party provider or distributor should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of this site or its content, the liability of THE COMPANY, its affiliates, and the third party providers and distributors shall in no event exceed US$10.00. In its sole discretion, in addition to any other rights or remedies available to THE COMPANY and without any liability whatsoever, THE COMPANY at any time and without notice may terminate or restrict your access to any component of this site.

11. INDEMNIFICATION.

You shall defend and indemnify THE COMPANY, it affiliates and any third party providers and distributors and their officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by or on your behalf in excess of the liability described herein or by third parties as a result of your use of this site, or arising from your violation of this User Agreement, state, federal or local laws or regulations, or any third party's rights, including but not limited to infringement of any copyright, violation of any proprietary right and invasion of any privacy rights. This obligation will survive the termination of this User Agreement.

12. CONSENT TO E-MAIL COMMUNICATIONS AND OPTING OUT.

By entering into this User Agreement, you are consenting to the receipt of electronic mail (”e–mail”) from THE COMPANY, or its affiliates. THE COMPANY or its affiliates may send you e–mails about services and products we believe may be of interest to you. You may opt–out of future emails about products or services by following instructions in any email that you receive from us. We reserve the right, however, to email you important information in THE COMPANY’s sole discretion. We also reserve the right to compile mailing lists of e–mail addresses gathered in connection with the use of this site and to use such lists in such manner as we may determine. Such use may include, without limitation, making such lists available to third party contractors in connection with their work for THE COMPANY or its affiliates, or the sale or lease of such lists to independent third parties for their own use.

13. LINKS.

This site may contain links to other Web sites which are provided solely as a convenience to you and not as an endorsement by THE COMPANY, its affiliates, its third party providers or distributors of the contents of such other Web sites. None of THE COMPANY or any third party provider or distributor shall be responsible for the content of any other Web sites and make no representation or warranty regarding any other Web sites or the contents or materials on such Web sites. If you decide to access other Web sites, you do so at your own risk.

14. RELATIONSHIP OF THE PARTIES.

The relationship between THE COMPANY and you will be that of independent contractors, and neither party nor any of its respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other.

15. GOVERNING LAW.

This website is domiciled in the Republic of Mexico. This User Agreement and its performance shall be governed by the laws of the Republic of Mexico without regard to its conflict of laws provisions. The parties agree that any controversy arising out of or relating in any way to the User Agreement or User's stay at any resort that is the subject of this site or reservation of any such stay shall be resolved exclusively in accordance with the dispute resolution procedure set forth in this Paragraph. The parties may resort to the conciliatory proceeding before the ”Procuraduría Federal del Consumidor” (Federal Consumer’s Protection Agency of Mexico). If the parties cannot reach a resolution through a proceeding before the ”Procuraduría Federal del Consumidor” or elect not to pursue such a proceeding, all disputes of a type described in the first sentence of this Paragraph shall be settled exclusively and finally under the Rules of Arbitration of the Arbitration Center of Mexico (CAM) by one arbitrator of Mexican Nationality. The parties shall attempt to agree on the arbitrator who will be designated to resolve their dispute. However, if no such agreement is reached within 30 days of the day of reception by the respondent of the Arbitration Demand from the Secretary General, the sole arbitrator shall be designated by the General Council of the CAM., which designation shall be conclusive and binding on the parties. The place of arbitration shall be Mexico. The language in the arbitration proceedings shall be Spanish. The applicable law shall be the federal laws of Mexico. Member’s claims submitted to arbitration under this Clause shall be adjudicated strictly on an individual basis, and no arbitration under this Paragraph shall proceed as a class action. User expressly waives his or her right to pursue any claim described in the first sentence of this Paragraph in any other jurisdiction or venue that might otherwise be claimed by reason of any present or future domicile, residence, place of business, or any other reason. The parties agree that the courts of Guadalajara, Jalisco, Mexico shall have exclusive jurisdiction over any action to enforce, vacate, or modify any award of an arbitrator entered in an arbitration under this Clause.

16. ATTORNEY’S FEES.

If THE COMPANY or its affiliates take any action to enforce this User Agreement and these terms and conditions, such parties will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney’s fees and any cost of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled.

17. INJUNCTIVE RELIEF.

You acknowledge that a violation or attempted violation of any of this User Agreement and these terms and conditions will cause such damage to THE COMPANY as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that THE COMPANY shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, as well as recover from you any and all costs and expenses sustained or incurred by THE COMPANY in obtaining such an injunction, including, without limitation, reasonable attorney's fees. You agree that no bond or other security shall be required in connection with such injunction.

18. TERMINATION.

THE COMPANY may terminate this User Agreement and these terms and conditions and/or the provision of any of the services at any time, with or without notice or limitation, for any reason, including, without limitation any improper use of this site or your failure to comply with these terms and conditions. Such termination shall not affect any right to relief to which THE COMPANY, its affiliates and its third party providers and distributors may be entitled, at law or in equity. Upon termination of this User Agreement and these terms and conditions, all rights granted to you will terminate and revert to THE COMPANY, its affiliates, and its third party providers or distributors, as applicable. You acknowledge that you have not paid any consideration for the use of this site, other that your agreement to abide by the terms of this User Agreement, and that you are not entitled to any refund or other remedy in the event your use of this site is terminated.

19. ASSIGNMENT.

You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.

20. AMENDMENT OR MODIFICATION.

THE COMPANY may at any time amend or modify these terms and conditions and your continued use of this site will be conditioned upon the terms and conditions in force at the time of your use. You acknowledge and agree that your continued use of this site shall constituted irrefutable evidence of your agreement to the terms and conditions in force at the time of your use.

21. ADDITIONAL TERMS.

Additional terms and conditions may apply to reservations, purchases of goods and services and other uses of portions of this site, and you agree to abide by such other terms and conditions.

22. SEVERABILITY.

These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

23. HEADINGS.

The headings used in this User Agreement are included for convenience only and will not limit or otherwise affect the terms and conditions herein.

24. ENTIRE AGREEMENT.

This User Agreement, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between us relating to the use of this site, and supersedes any prior understandings or agreements (whether oral or written) regarding the use of this site, and may not be amended or modified except in writing or by making such amendments or modifications available on this site.

25. RELATIONSHIP WITH OTHER AGREEMENTS.

Neither this User Agreement nor anything contained in this site shall alter any other contractual relationship between you and THE COMPANY, its affiliates or any third–party providers or distributors. Specifically, and without limitation, this User Agreement shall not in any way modify or amend the terms, conditions, rights or privileges provided for in your Contract for Lodging Rights and Services or any other agreement relating to your use of the resorts which are the subject of this site.