Terms and Conditions


These terms and conditions, may be updated at any time, apply to all our services directly or indirectly available online, through any mobile device or by email. By accessing, browsing and using our website through whatever platform (hereafter collectively referred to as the “website”) and/or by completing a reservation, you acknowledge and accept you have read, understood and agreed to the terms and conditions set out below (including our Privacy Policy and Use of Cookies).

These pages, the content, its coding, and the online tours, expeditions and shuttle reservation service provided on these pages and through the website (the “service”) are owned, operated and provided by Dongury S. de R.L. de C.V. (“ChipMonde.com”, “us”, “we” or “our”) and are provided for your personal, non-commercial use only, and is subject to the terms and conditions set out below.

1. Reach of our Service

Through the website, we (ChipMonde.com and our partners) provide an online platform through which all types of tours, expeditions and/or transportation services can be advertised, and through which visitors to the website can book such services. By making a reservation through ChipMonde.com, you accept a direct (legally binding) contractual relationship with the provider at which you book. ChipMonde.com act solely as an intermediary at the time at which you book your service, transmitting the details of your reservation to the provider and sending you the confirmation email for and on behalf of the service provider.

The information that we disclose is based on the information provided to us by the tour operators. The tour operators and DMC’s are fully responsible for all the information displayed on our website. Although we will apply extensive efforts and take care in our services performance, we cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors, interruptions (whether due to any temporary and/or partial breakdown, repair, update or maintenance of our website or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each tour operator or DMC is responsible at all times for the accuracy, completeness, and correctness of the descriptive information, including rates and availability, displayed on our website. Our website does not constitute and should not be regarded as a recommendation or endorsement of the provider’s quality, service level, qualification or star rating displayed on our website made by other clients; however we try at every moment to offer quality services through recognized providers in the industry.

Our services are available and exclusive for personal and non-commercial use. Thus, you agree to not re-sell, deep-link, use, copy, monitor through spider or scraper tools, display, download or reproduce any content or information, software, products or services available on our website for any commercial or competitive purpose.

2. Prices

The prices on our site are highly competitive. All prices on the ChipMonde.com website are per service and are displayed including VAT tax and all other taxes (subject to change of such taxes), unless stated differently on our website or in the confirmation email.

Sometimes cheaper rates are available on our website for a specific service, however, these rates are arranged by our providers and may carry special restrictions and conditions, for example in respect to dates change or cancellation. Please check the activity or service thoroughly for any such conditions prior to submitting your reservation.

We want you to pay the lowest price possible for your stay. Should you find your activity or service, with the same reservation conditions, at a lower rate on the Internet after you have made a reservation through us, we will match the difference between our rate and the lower rate under the terms and conditions of the Best Price Guarantee.

 

The currency converter is for information purposes only and should not be relied upon as accurate and real time; actual rates may vary.

Obvious errors and mistakes (including misprints) are not binding.

All special offers and promotions are marked as such.

3. Privacy Policy and Use of Cookies

ChipMonde.com respects your privacy. Please take a look at our Privacy and Cookies Policy for further information.

4. No Additional Charge

Our service is free of charge because, unlike many other parties, we will not charge you for our service or add any additional (reservation) fees to the service rate.

5. Credit Card

If applicable and available, certain providers offer the chance to pay the due amount by credit card for your reservations made through ChipMonde.com, otherwise your payment will be required to be cleared in cash.

6. PayPal

Although ChipMonde.com has integrated for your convenience as of to submit payments for your reservations made on our website, we cannot be liable or take responsibility on any error, failure, maintenance, update or malfunction of the payment gateway. Therefore, ChipMonde.com will only validate or process the reservations of which payments or deposits have been successfully received through our bank accounts. ChipMonde.com will not be responsible for your PayPal account details and will not by any means request direct or indirectly your ID and/or Password information to process your reservation. ChipMonde.com also is not liable for the exchange rate managed by PayPal during your transaction and will not make any refund or cancellation due to this matter.

7. Cancellation

By making a reservation with any of our providers, you accept and agree to the relevant cancellation and no-show policy of that specific provider, and to any additional (delivery) terms and conditions of the provider that may apply to your reservation or during your service, including for additional services rendered and/or products offered by the provider (the delivery terms and conditions of a provider can be obtained directly with the relevant provider once your reservation has been confirmed). The general cancellation and no-show policy of each provider is made available on our website on the information pages, during the reservation procedure and in the confirmation email. Please note that certain rates or special offers are not eligible for cancellation or change. Please check the service details thoroughly for any such conditions prior to submitting your reservation. Please note that a reservation which requires down payment or prepayment may be cancelled (without a prior notice of default or warning) insofar the relevant (remaining) amount(s) cannot be collected in full on the relevant payment date in accordance with the relevant payment policy of the service and the reservation. Late payment, wrong bank, debit or credit card details, invalid credit/debit cards or insufficient funds are for your own risk and account and you shall not be entitled to any refund of any (non-refundable) prepaid amount unless the provider agrees or allows otherwise under its (pre)payment and cancellation policy.

If you wish to review, adjust or cancel your reservation, please revert to the confirmation email and follow the instructions therein. Please note that you may be charged for your cancellation in accordance with the provider’s cancellation, (pre)payment and no-show policy or not be entitled to any repayment of any (pre)paid amount. We recommend that you read the cancellation, (pre)payment and no-show policy of the provider carefully prior to submitting your reservation and remember to make further payments on time as may be required for the relevant reservation.

8. Further Correspondence or Notifications

By completing a booking, you agree to receive (a) an email which we may send you shortly prior to your arrival date, giving you information on your destination and providing you with certain information and offers (including third party offers to the extent that you have actively opted in for this information) relevant to your reservation and destination, and (b) an email which we may send to you promptly after you have enjoyed your service inviting you to complete our guest review form. Please see our Privacy and Use of Cookies Policies for more information about how we may contact you.

9. Guest Reviews and Ranking

The default setting of the ranking of the tours, expeditions and shuttle services on our website is “Excellent” (or any similar wording) (the “Default Ranking”). For your convenience, we also offer other ways to rank the service. Please note that the Default Ranking is created through a fully automated ranking system (algorithm) and is based on multiple criteria.

The completed guest review may be (a) uploaded onto the relevant provider’s information page on our website for the sole purpose of informing (future) customers of your opinion of the service (level) and quality of the service, facilities and/or premises, and (b) (wholly or partly) used and placed by ChipMonde.com at its sole discretion (e.g. for marketing, promotion or improvement of our service) on our website or such social media platforms, newsletters, special promotions, apps or other channels owned, hosted, used or controlled by ChipMonde.com. We reserve the right to adjust, refuse or remove reviews at our sole discretion. The guest review form should be regarded as a survey and does not include any (further commercial) offers, invitations or incentives whatsoever.

10. Disclaimer

Subject to the limitations set out in these terms and conditions and to the extent permitted by law, we shall only be liable for direct damages actually suffered, paid or incurred by you due to an attributable shortcoming of our obligations in respect to our services, up to an aggregate amount of the aggregate cost of your reservation as set out in the confirmation email (whether for one event or series of connected events).

However and to the extent permitted by law, neither we nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents or others involved in creating, sponsoring, promoting, or otherwise making available the site and its contents shall be liable for (a) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss or damage to goodwill or reputation, loss of claim, (b) any inaccuracy relating to the (descriptive) information (including rates, availability and ratings) of the service as made available on our website, (c) the services rendered or the products offered by the provider or other business partners, (d) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of our website, or (e) any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the accommodation or any of our other business partners (including any of their employees, directors, officers, agents, representatives or affiliated companies) whose products or service are (directly or indirectly) made available, offered or promoted on or through the website, including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond our control.

Whether the provider who you will perform with or enjoy any activity or service charges you (or has charged you) for such service, or we are facilitating the payment of the service price, you agree and acknowledge that the provider is at all times responsible for the collection, withholding, remittance and payment of the applicable taxes due on the total amount of the service price to the relevant tax authorities. ChipMonde.com is not liable or responsible for the remittance, collection, withholding or payment of the relevant taxes due on the service price to the relevant tax authorities.

By uploading photos/images onto our system (for instance in addition to a review) you certify, warrant and agree that you own the copyright to the photos/images and that you agree that ChipMonde.com may use the uploaded photos/images on its (mobile) website, and in (online/offline) promotional materials and publications and as ChipMonde.com at its discretion sees fit. You are granting ChipMonde.com a non-exclusive, worldwide, irrevocable, unconditional, perpetual right and license to use, reproduce, display, have reproduced, distribute, sublicense, communicate and make available the photos/images as ChipMonde.com at its discretion sees fit. By uploading these photos/images the person uploading the picture(s) accepts full legal and moral responsibility of any and all legal claims that are made by any third parties (including, but not limited to, property owners) due to ChipMonde.com publishing and using these photos/images. ChipMonde.com does not own or endorse the photos/images that are uploaded. The truthfulness, validity and right to use of all photos/images is assumed by the person who uploaded the photo, and is not the responsibility of ChipMonde.com. ChipMonde.com disclaims all responsibility and liability for the pictures posted. The person who uploaded the photo warrants that the photos/images shall not contain any viruses, Trojan horses or infected files and must not contain any pornographic, illegal, obscene, insulting, objectionable or inappropriate material and does not infringe any third party (intellectual property right, copyright or privacy) rights. Any photo/image that does not meet the aforesaid criteria will not be posted and/or can be removed/deleted by ChipMonde.com at any moment and without prior notice.

11. Intellectual property rights

Unless stated otherwise, the software required for our services or available on or used by our website and the intellectual property rights (including the copyrights) of the contents and information of and material on our website are owned by ChipMonde.com (Dongury S. de R.L. de C.V.), its suppliers or providers.

ChipMonde.com exclusively retains ownership of all rights, title and interest in and to (all intellectual property rights of) (the look and feel (including infrastructure) of) the website on which the service is made available (including the guest reviews and translated content) and you are not entitled to copy, scrape, (hyper/deep) link to, publish, promote, market, integrate, utilize, combine or otherwise use the content (including any translations thereof and the guest reviews) or our brand without our express written permission. To the extent that you would (wholly or partly) use or combine our (translated) content (including guest reviews) or would otherwise own any intellectual property rights in the website or any (translated) content or guest reviews, you hereby assign, transfer and set over all such intellectual property rights to ChipMonde.com. Any unlawful use or any of the aforementioned actions or behavior will constitute a material infringement of our intellectual property rights (including copyright and database right).

12. Miscellaneous

To the extent permitted by law, these terms and conditions and the provision of our services shall be governed by and construed in accordance with Mexico’s law and any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the competent courts in Cancun, State of Quintana Roo, Mexico.

The original English version of these terms and conditions may have been translated into other languages. The translated version is a courtesy and office translation only and you cannot derive any rights from the translated version. In the event of a dispute about the contents or interpretation of these terms and conditions or inconsistency or discrepancy between the English version and any other language version of these terms and conditions, the English language version to the extent permitted by law shall apply, prevail and be conclusive. The English version is available on our website (by selecting English language) or can be sent to you upon your written request.

If any provision of these terms and conditions is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and conditions.


Post Discussion

Be the first to comment “Terms and Conditions”