Terms and Conditions
The use of the website www.lomastravel.com (Lomas Travel), and any service linked directly to any of its web pages, contents, or services within is expressly conditioned to the acceptance of the following Terms and Conditions, by the use of the before mentioned content and services means your agreement with them. Lomas Travel reserves the right to add, delete, or modify the following Terms and Conditions at any moment; and all addition, suppression, or modification to the Terms and Conditions will be effective upon their publication in The Website: www.lomastravel.com
Use of the Website
In order to use the Website, according to the present Terms and Conditions, Lomas Travel will provide you a limited, non-transferable and revocable license to perform legitimate bookings and purchases of our services; this license cannot be used for any other purpose, you must forbear from any speculative, false or fraudulent booking a/o purchase. This Website and its content: texts, paragraphs, sentences, specific combinations of words, letters, or phonetic elements, graphics, buttons, icons, brand icons, logos, graphic design, photographs, commercial adds, patents, commercial methods, specific combinations of colours and shapes, editorial content, printed formats, search engines, digital downloadable data, data compilation, source codes, and software are exclusive property of Lomas Travel a/o Lomas Travel has the proper Licenses and Authorization to use them; therefore, you cannot copy, reproduce, re-post, upload, modify, transmit, distribute or, by any means, alter or modify such contents, excepting in any of the following circumstances:
- Where you to download it in order to see and print the content within this website or
- You download or print the contents being sent to your email by Lomas Travel; in any of these circumstances, you, solely and exclusively, must use it for your personal use.
As a condition to use the website, you establish and ensure that you:
- Are of legal age,
- Have the capability to undertake legal obligations,
- Will use the Website according to its current Terms and Conditions,
- Will use the website to perform bookings a/o purchases under your name or the name of a person by whose name you can legally act exclusively,
- Will be responsible for the Terms and Conditions applicable to bookings or reservations you do under the name of any third person, this includes each and every rule and restriction,
- Provide true, accurate, complete and current information only.
The rates published in the Website are valid only on the quoting day and are subject to change without notice. The rates displayed are guaranteed at the moment of total payment reception. All bookings/reservations are subject to availability. The booking/reservation is considered as completed when you are given a confirmation code/number and the corresponding charge has been applied.
When booking online or through our telephonic customer service, you authorize the use of the credit card number that you provide in order to pay; this action explicitly confirms your knowledge and acceptance of our booking/reservation, payment, waiver and cancellation policies. All the changes in a reservation are subject to availability and rates re-quote.
It is mandatory that you print your booking/reservation coupon and present it upon the given moment in order to obtain the services booked/reserved.
The current policies also apply in the cancellation of bookings/reservations made in fixed payments plans.
We Accept Visa, MasterCard and American Express as payment methods. If you prefer to make a bank transfer, contact our phone Customer Service, available the 24 hours, the 365 days of the year.
The amount corresponding to the total price of your booking/reservation will be charged immediately to the credit card that you provide. All the rates published in Mexican pesos (MXN) will be charged in Mexican pesos, and all our rates published in US Dollars (USD) will be charged in US Dollars; these for Visa and MasterCard credit cards.
For any transaction with American Express cards, the rates published in US Dollars will be converted to Mexican pesos at the exchange rate applicable on the date of the transaction. This conversion may cause that the amount appearing in your credit card’s statement appears up to 5% above or below the published price as a result of the currency exchange conversion. Lomas Travel is not responsible of such fluctuation in exchange rates and, by the acceptance of the present policies you acknowledge about the exchange rate variation and agree in that the charge made to American Express credit cards is made in Mexican Pesos currency.
Viajes Turquesa del Caribe Mexicano, S.A. de C.V. is a tour services provider and travel agency (tour operator), that when providing its services, observes and obliges itself strictly to all the legal regulations established by the Ley General de Turismo, Ley Federal de Proteccion al Consumidor, and any and all applicable laws and regulations. Viajes Turquesa del Caribe Mexicano, S.A. de C.V. Provides its services as an intermediary agent between the customer and the provider of the goods and services published in the Website. Viajes Turquesa del Caribe Mexicano, S.A. de C.V. sets commercial negotiation within its own quality and service standards, such as, but not limited to, hosting, ground transportation, air transportation; choosing from among all the providers only those considered as qualified and deemed as the most prestigious in the market.
By this means you, as a customer, authorize Viajes Turquesa del Caribe Mexicano, S.A. de C.V. to act as an intermediary in the booking/reservation of the different selected services, to conform your touristic package.
The mercantile mediation is performed by Viajes Turquesa del Caribe Mexicano, S.A. de C.V., from its operation centre located in Cancun, Quintana Roo, Mexico, using its technological platform, whether the purchase was made through the website, the hospitality desks, telephonic customer service or any other media and or technology.
Viajes Turquesa del Caribe Mexicano, S.A. de C.V. declares that:
- All the photographic material displayed within its websites have representative means and do not guarantee that, upon your arrival to the destination, thing will be exactly as portrayed.
- The descriptions of the travel services are constantly updated by Viajes Turquesa del Caribe Mexicano, S.A. de C.V. , although this does not guarantee that the services will be exactly as described upon your arrival to the destination.
- Viajes Turquesa del Caribe Mexicano, S.A. de C.V. reserves the right to refuse a/o limit any person, whether he/she is a customer or not, when deemed necessary.
Viajes Turquesa del Caribe Mexicano, S.A. de C.V. will not be liable for any claim, cost or expense that results from personal injuries or injuries to third parties, accidents or death, loss or damage of personal property, lack of fun, anger, disappointment, anguish or annoyance (physical or mental) that result from any of the following:
- Acts or omissions performed by any person/party other than Viajes Turquesa del Caribe Mexicano, S.A. de C.V. or its employees.
- Disease, theft, labour disputes, strikes, mechanical failures, quarantines, governmental actions, weather conditions, or whatsoever other cause outside the company’s concerns or not under the direct control of Viajes Turquesa del Caribe Mexicano, S.A. de C.V.;
- The customer being not able to travel, or not counting with the required documents, such, but not limited to, as updated passport, Visa, personal ID or medical documentation or travel certificates Viajes Turquesa del Caribe Mexicano, S.A. de C.V. will not be liable before the customer or any third-party because of any of the before mentioned impossibilities or the lack of personal documentation of the customer.
- The customer’s failure to comply with the instructions given, including, but not limited to, flight departure itineraries, check in/out of the hotels, and coupon redeeming policies;
- Cancellations or changes of any kind, of and in the services offered to and purchased by the customer. Viajes Turquesa del Caribe Mexicano, S.A. de C.V. reserves the right to refuse, a/o change the published services; provided that it will be attempted to substitute those services with the most similar option. In the case that a booking/reservation must be cancelled, the only liability held by Viajes Turquesa del Caribe Mexicano, S.A. de C.V. will be limited to the full reimbursement of the amount paid by the customer;
- Full reimbursement will not apply in any circumstance in which the travel has to be cancelled, interrupted or postponed by Viajes Turquesa del Caribe Mexicano, S.A. de C.V. by any reason beyond its control (force majeure, such as, but not limited to, weather or climate conditions and phenomena, hurricanes, earthquakes, strikes, wars, acts of terrorism, etc.), and all those in which the contractual obligations of Viajes Turquesa del Caribe Mexicano, S.A. de C.V. with its providers do not allow it to retrieve the reimbursement of the amount paid to the provider on behalf of the customer. In any of these circumstances, Viajes Turquesa del Caribe Mexicano, S.A. de C.V. reserves the right to withhold a 10% (ten percent) of the amount paid as for the booking/reservation as part of an administrative expenditure.
- Notwithstanding the fact that the rates are constantly updated, the remote possibility that changes without notice, applied to the prices, happen. These occurrences have place because of contingencies or force majeure; in these cases the service provider might not be able to communicate and update the rates in time. Viajes Turquesa del Caribe Mexicano, S.A. de C.V. makes regular revisions whereas a price variation may occur and as a result of this, a difference between the price paid for the booking/reservation and the amount required for the usufruct of the service. In such case in which a change of rates exists, if the updated rate is less, the charge will be done and the difference will be reimbursed to the customer; inasmuch as if the price is higher, one of our Customer Service Representatives will contact you and inform you about this change. If the customer is in disagreement of the price changes listed in this paragraph, Viajes Turquesa del Caribe Mexicano, S.A. de C.V. will totally reimburse the amount paid for such service, but will not be liable for any claim or inconveniences that result from the rates change or the booking/reservation cancellation.
Lomas Travel will not be liable, and the Customer releases Lomas Travel from any liability, arising from any claim , cost, expenditure or loss that may happen, including any personal injury, or injury to any third-parties, accidents, demise, damage to any personal property, loss of fun, anger, disappointment, anguish or annoyance (physical or mental) that result from any of the following:
- Any failure or lack directly imputable to the service provider that occurs when providing the service.
- Any failure or lack directly imputable to the customer that occurs when enjoying the service.
- Any failure or lack of the customer in the observance or compliance of the terms and conditions, policies, instructions recommendations, safety measures, etc. given by the service providers.
- Force majeure or fortuitous events such, but not limited to, as: riots, strikes, delays, earthquakes, acts of war, hurricanes, weather and climate phenomena, etc. (not imputable to Lomas Travel).
- Acts or omissions of any person of any person or third-party, other than Lomas Travel.
- Disease, theft, labour disputes, mechanical failures, quarantine, governmental measures, weather or any other cause beyond the control of Lomas Travel.
- Upon the customer’s insistence to perform any kind of travel, touristic activity, have a tour or excursion, take any kind of ground, sea or air transportation, under precarious health conditions, or any inadequate health conditions for the development of such activities, the customer’s insistence in engaging in any extreme activities that may imply any risk and that were performed by the customer under his full knowledge of such risk, or when the customer has any kind of medical condition, disease, incapability, allergy, under any kind of medical treatment or prescription, medical indication to rest a/o each and every medical condition that by his/her own risk were omitted and which may be of detriment of his/her health when engaging in such activities in the knowledge of such condition(s), cause awareness; under these circumstances, it will be considered that the customer engaged in such activities under his/her own risk, and he/she will not make Lomas Travel liable of any claim, lawsuit, demand, complaint, reward, indemnity, compensation, gratuity, etc. that arise from any accident caused during the development of any service or activity and any future event that arises from the initial accident caused by any of the above reasons and causes.
- Any other event that occurs, not in the control of Lomas Travel.
The Website may have links to websites operated by third-parties, other than Lomas Travel. Such links are within the Website as a reference only. Lomas Travel has no control upon any of those websites and is not liable of any contents, privacy, and practices therein. It is the Customer’s responsibility to take all the measures, when following those links and downloading any software (from the Website or any other website), to ensure that such websites a/o downloads are free of any malware, or any software virus, worm, Trojan, script flaws and any other destructive or harmful elements.
The fact that links to other websites are included in the Website does not mean that Lomas Travel sponsors any content or material in such websites or has any kind of association with the operators a/o companies of such websites.
Facebook, Twitter, Twitter, Youtube
The Website includes links to several social media web pages, among which, in Facebook as Lomas Travel Mexico and as Lomas Travel, Twitter as @LomasTravelmx and as @LomasTravel, and YouTube as LomasTravel and as LomasTravelUS. All those accounts are managed by Lomas Travel. The customer acknowledges that those pages have an informative and social marketing nature.
Lomas Travel will not be liable for the content, information, publication, posting, commenting, for the visual contents such as photographs, videos, hash tags by or of third-parties, or any other content out of the direct management scope of Lomas Travel; nor for the content shared by the customer or any third-party in such social media web pages out of the control of Lomas Travel. The customer is liable and responsible of the use that he/she makes of such web pages and releases Lomas Travel from all liability, including that arising from any misuse or ill-fated use that he/she could perform within them or by the publications, postings, information, commentaries, material of any kind that could be considered as offensive, insidious, erroneous, pornographic, or that could incite violence, rebellion, strikes or any activity forbidden by any law and the good manners
The customer accepts and acknowledges his/her total obligation and responsibility to provide true and accurate information regarding ages, gender, names (first and last name), about him/herself, as about all the other customers a/o users accompanying him/her or that commission him to use the Website on their behalf, as well as the data and full information for the development of schedules and the booking of ground and marine services (hotels, visits, car rental, restaurants, cruises, etc.) releasing Lomas Travel from any liability and responsibility regarding any inaccuracy in the data, or any mistake in the infor5mation the customer provides for the emission or purchase of tickets, such as age, gender, names, last names, dates, payment methods, routes, schedules, classes, categories, special conditions, etc. In conformity with the cancellation clauses expressed in the present Terms and Conditions.
Transfers Cancellation Policies
- All the cancellations made one (1) day before the transfer scheduled date will be penalized with the total amount of the reservation charge.
- All the cancellations made two (2) or more days before the transfer scheduled date will not be penalized.
- The total reimbursement of the amount paid will happen in any of the following:
- When the service provider cancels the scheduled transfer
- In the case of any disease (the customer must present a medical certification)
- In the case that the customer does not present to receive the service, he/she will be penalized with the total amount of the reservation charge.
Tour Cancellations Policies
Reimbursement will apply in the following cases:
- In any case that the service provider cancels any booked/reserved service.
- In the case of any disease (the customer must present a medical certification)
- All the cancellations or any changes made before 11.00 a.m. on the day before the service are scheduled.
Reimbursement will NOT apply in the following cases:
- In the case of no-show; the customer not presenting him/herself on the date and schedule arranged for the service.