GENERAL INFORMATION
VACACIONES RIU, S.A. DE C.V. is a travel agency that operates under the trade name of RIU.COM (hereinafter "VACACIONES RIU") with registered address in the State of Quintana Roo, Mexico. The company was incorporated in accordance with Mexican laws, through public deed number 34,717, authorised in the presence of the Notary Public number 30, Luis Miguel Cámara Patrón, resident in the city of Cancún, Quintana Roo. The company is registered with the Public Land and Commerce Register of Quintana Roo, under e-Folio and/or Mercantile Number 21,468 and is also registered with the National Tourism Register, as a provider of Travel Agency Tourist Services, authorised by the Secretariat of Tourism (SECTUR). You may contact VACACIONES RIU at the following e-mail address: webmaster@riu.com.
Use of the VACACIONES RIU website and the services and products contained therein implies acceptance by users of the General Conditions and the rules of use laid down in the latest updated version. It is therefore essential that the user read these general conditions every time they visit the website. The specific conditions governing each product or service must also be accepted.
CONDITIONS OF USE
1. Introduction: On its website, VACACIONES RIU provides information on the type of activities, products and services available. This website and the contents thereof provide you with information on the hotels marketed by VACACIONES RIU. By accessing and using this website you are obliged to accept the conditions listed hereunder, and we therefore recommend that you read this section carefully before starting. VACACIONES RIU hereby reserves the right to change, amend, add or remove any of these conditions at any time and to make changes to the products and schedules given on this website without prior notification. Please check periodically for possible changes.
2. Limitations of use. Use of this website is restricted to the purchase of products by the end consumer. Acceptance of these general conditions is an essential condition required in order to use this website.
3 Exclusion of liability. VACACIONES RIU refutes liability for damages as a result of access, use or improper utilisation of the website contents.
All information given on this website is provided on an "as is" basis, with no guarantees of any kind, whether express or implicit. As a consequence, VACACIONES RIU is not liable for any guarantee with regard to this information. Certain jurisdictions do not permit the exclusion of implicit guarantees, and there is therefore the possibility that the aforementioned exclusion is not applicable.
Use of this website is at your own risk. Consequently, neither VACACIONES RIU nor its representatives or agents will be liable for any loss or damage, whether direct or indirect, special or causal, in any way connected to or which results from use of this website or any information from VACACIONES RIU. You therefore waive any claim against VACACIONES RIU stemming from use of this website or any other information available on the VACACIONES RIU website.
4 Liability for contents: VACACIONES RIU is not liable for whatsoever discrepancies between the printed versions of its documents and the electronic version of said documents published on its website.
The documents and photographs published on this website may contain technical errors or misprints. The information is subject to periodic changes and VACACIONES RIU has the right to make improvements or changes to the products or schedules described herein at any time.
VACACIONES RIU does not answer for the veracity of information that it has not compiled itself or for information specified by another source. The company also refutes liability with regard to hypothetical damages that may be caused through the use of this information.
5 Copyright and information concerning Industrial and Intellectual Property Rights. This page contains and refers to registered trademarks, patents, trademark secrets, technologies, products, processes and other proprietary or licensing rights of VACACIONES RIU. No licence or right whatsoever is granted with regard to these registered trademarks, patents, trademark secrets, technologies, products, processes and other proprietary rights of VACACIONES RIU. The entire contents of this website, such as text, graphics, logos, icons, images, data collection and software belong exclusively to VACACIONES RIU and all of these are protected by international copyright laws.
VACACIONES RIU reserves the right to take civil and/or criminal legal action against those natural or artificial persons and their representatives that infringe the provisions laid down in these legal conditions of use, particularly with regard to copyright.
This web page is not targeted at distribution, use or access by persons from jurisdictions in which accessing this page means that VACACIONES RIU infringes a law or regulation in that jurisdiction.
6 Links. VACACIONES RIU does not accept any liability whatsoever for the information contained on websites of third parties to which access is available through links or search engines on the VACACIONES RIU website. Links on the VACACIONES RIU website are for merely illustrative purposes and under no circumstances involve any suggestion, invitation or recommendation with regard to these links.
7 Data processing. VACACIONES RIU hereby guarantees the confidentiality of personal data provided by clients and the automated processing of these data in accordance with the provisions laid down in articles 16 and 73 of the Political Constitution of the United States of Mexico. Everybody has the right to protection of personal data. As a result, the client may exercise their rights to access, rectification, cancellation and opposition (ARCO rights). These rights may be validated by the client and/or clients by writing to the headquarters of VACACIONES RIU at Hotel Riu Cancún, Boulevar Kukulkan, km 8.5, Zona hotelera de Cancún, Quintana Roo, Mexico, or by sending an e-mail to webmaster@riu.com. Further information governing data protection is available at: Privacy Policy.
8 Prohibited or unlawful use. As a condition for the use of this website, you hereby guarantee VACACIONES RIU that you will not use this website for purposes that are unlawful or prohibited by these conditions.
9 Other conditions. Merely by using this website, there is no agreement, contract, undertaking, working relationship, company or agency between VACACIONES RIU and the user. Any right that is not expressly assigned to you unreservedly belongs to VACACIONES RIU.
10 VACACIONES RIU refutes all liability stemming from the exchange of information between users through its website. Those that make statements on the website are hereby liable for these statements.
With regard to all communications you make to VACACIONES RIU concerning information from VACACIONES RIU, including, but not limited to questions, remarks, suggestions or the like: a) you will have no non-disclosure right with regard to these communications, and VACACIONES RIU will be under no obligation to protect your communications from being disclosed; b) VACACIONES RIU will not be affected by the restriction governing the reproduction, use, disclosure and distribution of your communications to other parties with any limitation whatsoever; c) VACACIONES RIU will have the right to use whatsoever ideas, concepts, know-how or techniques contained in your communications for any purpose, including, but not restricted to, the development, production and marketing of products and services that incorporate such information.
11. Jurisdiction. Applicable law. Any dispute arising from this website will be governed by the Laws of Mexico, and will be submitted to the Higher Court of Justice of the State of Quintana Roo, Mexico.
GENERAL CONTRACTING CONDITIONS
The administration and handling of a booking through VACACIONES RIU implies the express acceptance and knowledge by the Client and/or the End User of these general conditions.
By accepting this contract, you hereby declare and/or accept:
1. That you are of legal age (18+) and have the legal capacity required to contract the services offered on the VACACIONES RIU website, duly declaring that you understand and comprehend all of the conditions laid down on the website.
2. That the contents, business activities, products and services included on the website are not designed or targeted at those persons that reside in jurisdictions where these contents are not authorised.
3. That only those web pages included on the website map are understood as forming part of this website.
4. That access to this website is the exclusive responsibility of users.
5. That you hereby confirm the dates given in the booking, as well as the number of rooms, persons, and the hotel chosen.
6. That the conditions and price of the booking are those expressly laid down in the document. To this end, VACACIONES RIU hereby reserves the right to modify the prices in the event of errors or omissions, following notification to the client.
7. That the detailed tariff will display the definitive price, including indirect taxes, for the product selected.
8. PAYMENT METHOD. VACACIONES RIU will specify the payment method possible in the booking form, depending on the hotel and the advance notice of this booking. The Client must make payment using one of the methods offered.
Depending on the advance notice and on the hotel, payment methods offered may be any of the following:
a. Payment with credit card. This payment method may be executed as follows:
i. Full payment of the booking price of the time of confirming the booking.
ii. Split payment: At the time of making the booking, the percentage mentioned on the booking form will be paid and the balance of the price will be paid prior to the date given in the same. All the foregoing is on the understanding that if the second payment is not made within the deadline specified, this will be processed as a CANCELLATION.
iii. Interest-free instalments. The client will have the right to pay the booking price in several interest-free instalments if he has contracted this service with the card issuer. Payment of the booking will be made with the limits, deadlines and conditions agreed by and between the client and the credit card issuer. The client will make full payment of the booking to the bank within the deadlines agreed, and VACACIONES RIU will be liable for payment of interest. This payment method will not permit the client to make any kind of amendment to the booking. In the event of modification, no-show or cancellation, the client must pay the full amount of the booking.
b. Payment at destination: Payment may be made by the client on arrival at the destination hotel in cash or using a card. In this event, the client will guarantee the booking by providing the card details and, in the event of a no-show or modification, the penalties specified on the website will be charged by VACACIONES RIU.
c. Telephone Payment: If the data-processing system provides for this service, the client will be able to make payment through a telephone call to the VACACIONES RIU call centre through the number specified on the website. The deadline for confirmation and payment of the booking will be no greater than three hours from the time of making the booking. In the event of failure to make the telephone confirmation within the aforementioned deadline, VACACIONES RIU reserves the right to cancel the booking with no further claims against the client. The client must confirm the credit and/or debit card details by telephone, expressly accepting that this card will be charged with the price of the booking as well as, if appropriate, possible cancellation and/or modification costs.
9. At any time, the client has the right to modify or cancel the booking through the website or through the call centre. The conditions for modification, cancellation or no-show of the booking will be those given on the website and with which the client is familiar and accepts at the time of making the booking. For the purposes of these conditions, MODIFICATION will be understood as:
a. Modification of the arrival date.
b. Shortening the period of the initial booking.
c. Modifying the number of rooms booked if the booking is within the cancellation period mentioned on the website.
10. Any charge or refund to be made by VACACIONES RIU for any of the foregoing concepts will be carried out in the same way in which payment was made. For the purposes of these general conditions, amendment of the name of the person making the booking will be considered as CANCELLATION.
11. All offers will only be valid during the time they remain accessible using the system established at VACACIONES RIU.
12. The booking price includes accommodation and half-board or full board or, if appropriate, all-inclusive, as described on the website. The price does not include any optional extra or any other service not expressly contracted through the VACACIONES RIU system.
13. The booking prices include all applicable taxes, whether direct or indirect, unless expressly omitted. In addition, whatsoever other tax or duty payable for the accommodation will be paid at the establishment.
14. The price displayed by VACACIONES RIU is based on the current tariff of the client's country of residence, using their IP address as a reference. In the event that a discrepancy between the user's access IP and the country of origin leads to an incorrect calculation, VACACIONES RIU hereby reserves the right to amend the price given by the system, having previously notified the client.
15. The booking will be cancelled in the event that VACACIONES RIU notifies cancellation of the booking on grounds of force majeure, understood as those circumstances that are beyond the will of the party invoking the same, abnormal or unforeseeable, the consequences of which could not have been avoided even acting with due diligence. In this event, neither the user nor the client will have the right to make any claim or receive any compensation. This event must be notified, if possible, using the same channel used for confirmation of the booking.
16. VACACIONES RIU hereby reserves the right to make any opportune changes to the terms and conditions laid down.
17. LIMIT OF LIABILITY: Any liability of VACACIONES RIU for any damages stemming from the booking made, whether contractual or extra contractual, will be limited to the amount of the booking.
18. If one or more of the clauses included in the general conditions or the conditions of use is declared fully or partially null or invalid, this will only affect that disposition or the part of that disposition declared null or invalid. The remaining general conditions or the conditions of use will remain in force, and the provision, or part of the same, that is affected will be considered as omitted.
19. All notifications, requests, petitions and other communication to be made by the parties with regard to these general conditions must be given in writing and will be understood as properly made when they have been handed over in person or sent by ordinary post to the address of the other party or to the e-mail address of this party.
20. The Client hereby accepts that the legislation applicable to the performance of the service is the legislation of the United States of Mexico and that this legislation is subject to the jurisdiction of the Higher Court of Justice of the State of Quintana Roo, Mexico, more specifically the Courts in the City of Cancún, for ruling on any discrepancies resulting from the interpretation or application of this body of clauses. The applicable law is the law of the United States of Mexico.
PRIVACY POLICY
A) DATA PROTECTION
VACACIONES RIU hereby notifies the Client, to enable this party to in turn notify the registered user of the right they have at all times to access the file that contains the data, and to exercise the rights to rectification, cancellation, opposition and any other right contained in articles 16 and 73 of the Political Constitution of the United State of Mexico and concordant legislation.
VACACIONES RIU hereby undertakes to comply with the rules governing the processing of personal data. VACACIONES RIU will process the data of its clients in an automated fashion and hereby guarantees that the former is fully liable for the files that contain this information.
VACACIONES RIU hereby notifies the Client that this party exercise its right to access, rectification, cancellation and opposition, by writing to the data-controller at the following address:
VACACIONES RIU
Hotel Riu Cancún
Boulevar Kukulkan, km 8.5
Zona hotelera de Cancún
Quintana Roo, Mexico
B) SERVICES AND BOOKINGS
By filling in the services and bookings form, the User/Client hereby authorises VACACIONES RIU to use and process personal data provided for the purpose of making the booking requested and/or managing commercial services and/or products of VACACIONES RIU.
VACACIONES RIU hereby notifies the client/user that once the booking is made, his/her personal information will be assigned to the destination hotel as part of the booking process and as a guarantee thereof.
C) COOKIES
Access to the website may involve the use of cookies, although the website is able to operate without using cookies. The purpose of cookies is to assist browsing during the booking process. If you are not in agreement with regard to the use of cookies, you may configure your browser not to accept them.
D) NON-DISCLOSURE
VACACIONES RIU hereby guarantees the confidentiality of your personal data, as well as the use of security measures laid down in Spanish regulations governing the protection of data with regard to third parties, although your personal data may be disclosed to the competent Public Authorities whenever officially required in accordance with the law.
E) JURISDICTION
Relations between VACACIONES RIU and its clients as a result of contracting the products and services contained on this website is subject to the legislation and jurisdiction of the Higher Court of Justice of the State of Quintana Roo, Mexico, more specifically the courts in the City of Cancún, with express waiver to any other jurisdictional privilege to which they may be entitled.