Terms and conditions
These terms and conditions of use, together with all other rules, policies, procedures, privacy policies, cookie policies, anti-fraud policies, etc., that are issued, modified and/or published from time to time at the sole discretion of the “Terms and Conditions”) constitute a legal and personal agreement between the User (as such term is defined below) who accesses, visits, browses and/or uses the Services (as such term is defined below) of the Platform (as such term is defined below) of Arrendadora Host SL, S.A. de C.V., duly incorporated in accordance with the laws of Mexico, with registered office located at Calle Pedregal, number 25, Floor 3, Interior 300, Colonia Molino del Rey, Alcaldía Miguel Hidalgo, Postal Code 11040, in Mexico City (“AHost” and, together with the User, the “Parties”).
By clicking on the “Accept” button on this Platform, the User declares, accepts and acknowledges: (i) having read, understood and accepted for all applicable legal purposes, these Terms and Conditions, agreeing to be bound by them for the use and navigation of the Platform and the Services; (ii) having the legal capacity, powers, faculties and legal capacity to contract, in accordance with the Applicable Law (as said term is defined below) to be bound by these Terms and Conditions; and (iii) that he/she is bound in all applicable matters to the Privacy Notice (as said term is defined below), agreeing to provide data with exact, precise and truthful information, with the User being the only person responsible for keeping his/her data updated as applicable.
1. Definitions
“Privacy Notice” means the privacy notice on the type, purposes and treatment of your personal data, made available to you at the following link: https://www.selina.mx/aviso-de-privacidad
“Governmental Authority” means any governmental or regulatory entity, as well as any political subdivision thereof, of any country, whether federal, state or municipal, or any body, entity, authority or agency (including without limitation any central bank, tax authority, court or tribunal) that exercises executive, legislative, judicial, regulatory or administrative functions or that belongs to the government and any company, association or other entity that is directly or indirectly owned by or subject to the control of any of the above, as well as any arbitration court (public or private).
“Applicable Law” means the Federal Civil Code, the Commercial Code, the General Law on Securities and Credit Operations, the Federal Consumer Protection Law, the Law for the Protection and Defense of Users of Financial Services, the Federal Law for the Protection of Industrial Property, the Federal Copyright Law, the Federal Law for the Protection of Personal Data Held by Private Parties, and any other legal provision applicable to the Services and/or AHost and/or the User, within the legal framework in Mexico and in relation to these Terms and Conditions.
“Mexico” means the United Mexican States.
“Platform” means and includes any website or other linked page product, software(s), API keys, features, content or application services, mobile application services, offered from time to time by AHost to allow Users to use the Services through the Platform, including those of related or third parties offered as part of AHost, including, but not limited to, those offered through the site: https://www.selina.mx
“Intellectual Property” means all intangible assets protected under Applicable Law now or in the future, owned by or licensed to AHost that are used or displayed on the Platform, which include, but are not limited to, any or all rights arising from or associated with: (i) patents and inventions; (ii) trade secrets; (iii) literary and artistic works in any of their forms and branches, including without limitation, software, HTML codes, texts, animations, images, as well as all copyrights and/or related or related rights; (iv) confidential information, including without limitation, ideas, codes, concepts, formulas, discoveries, compositions, know-how, processes and techniques, research and development information, drawings, specifications, designs, plans, proposals, technical information, financial, business and marketing plans, information and data, customer and supplier lists and related information; (v) all URLs, internet domains, trade names, commercial notices, trademarks, designs, or any other distinctive signs, including the registrations and pending applications of the above worldwide; and (vi) all license or other agreements in favor of or originating from third parties in relation to the assets described above.
"PSP" means the payment service provider or financial institution duly registered and/or authorized under the Applicable Law, who provides the online payment processing solution, subject to the internal approvals of the PSP, as well as its applicable policies and terms.
"Services" means the services offered to Users, through or outside the Platform, including without limitation: (i) accommodation reservations; (ii) payments; (iii) cancellations; (iii) reservation modifications; (iv) reservations for tours and other services.
"Terms and Conditions" or "Terms" means these terms and conditions.
"Users" or "User" means and includes any natural person (through their representatives and agents) who makes use of the Services, accesses the Platform, as well as those who access the Platform and/or use the Services on behalf of their principal, client, power of attorney, employer or as a consultant or agent of a third party.
2. Purpose of the Terms and Conditions.
These Terms and Conditions regulate the authorization of use that AHost grants to the Users of the Platform to access the Services provided through it, so that the Users who enter the Platform are informed about the Terms and Conditions applicable to the Services.
3. Acceptance of the Terms and Conditions.
Upon the execution and acceptance of the User (either electronically or through any other means that allows determining or making known their consent), the User and AHost will be bound by the provisions of these Terms. These Terms are a binding agreement between the User and AHost and will be considered accepted by the User, as modified from time to time, each time the User uses the Services and/or accesses the Platform even if no express acceptance has been signed.
4. Updates to the Platform and Changes to the Service.
AHost reserves the right to modify and update the Platform from time to time, as well as make changes to the Services to improve performance, functionality, reflect changes in the operating system or address security issues that may arise on the Platform as a result of its operation.
AHost may modify these Terms and Conditions at any time by publishing the modified terms on the Platform, which will enter into force 5 (five) calendar days after their publication on the Platform.
This document will be valid as long as AHost maintains the Platform in operation.
5. Policies of Use
Access to or use of the Platform expresses the User's full and unreserved adherence to these terms and conditions. Through the Platform, the User will use, contract and/or use the Services made available to them by AHost.
The use of the content on the Platform is the sole responsibility of the User, who in any case must use it in accordance with the functionalities permitted on the Platform and the uses authorized in these terms and conditions, therefore, the User is obliged to use them in such a way that they do not contravene good customs, the rights of third parties, the rules of use and coexistence on the Internet, the laws of Mexico and the Applicable Law in which the User is located when accessing the Platform. The Platform is for the individual use of the User, therefore, the User may not market in any way the services and/or products contained therein.
The User undertakes to hold harmless AHost, its shareholders, subsidiaries, affiliates, officers, directors, employees, advisors, agents, representatives and/or any person related to it, regarding the use of the information or documentation acquired by the User through the Platform, in the understanding that AHost is not, and will not be responsible for any use that the User gives to said information or documentation, nor for the consequences generated or that could be generated derived from its use.
Continuous or uninterrupted access and use of the Platform is not guaranteed. The system may eventually be unavailable due to technical difficulties or Internet failures, or due to any other external circumstance; in such cases, an attempt will be made to restore it as quickly as possible without any liability being attributed to AHost.
6. Reservations
The purpose of the online reservation services is to reserve a room at any of the Selina hotels, through https://hotels.cloudbeds.com. The use of these services will imply full and unreserved acceptance and validity of each and every one of the general terms and conditions indicated during the reservation process through the Platform.
a. Reservation procedure: When using the service, the User will receive a confirmation email that will include confirmation that their purchase order is in the confirmation process. Once the corresponding charge has been made to their reservation, the User will receive an email confirming the reservation, which will serve as proof of the reservation. The holder of the credit card used to make the reservation must correspond to the guest staying at the establishment. The credit card used in the reservation will be requested upon arrival to verify that the information provided is correct. The holder of the credit card must be present at that time.
b. Prices: Prices are only valid in writing and for the period indicated therein. Where there are justifiable reasons, AHost reserves the right to modify these rates without prior notice. Prices relating to the reservation will be indicated during the reservation process. Prices are subject to VAT, without prejudice to the application of additional taxes in accordance with Applicable Law. Local taxes must be paid directly to the hotel.
Prices displayed at the time of booking include VAT (or equivalent tax) according to the applicable tax rate at the time. Changes in taxes or fees implemented from the time of booking may affect the total price of the room.
c. Payment Processing: By selecting the “Book Now” option, the Platform will redirect the User to https://hotels.cloudbeds.com, so that the User can enter their credit/debit card details and the amount will be immediately charged to the credit card in Mexican pesos or US dollars depending on the country of origin of the credit card. If it is different, the charge will be applied in US dollars. Tax rates and currency exchange rates may change over time between the reservation and the stay.
7. Cancellations and Modifications
The credit card is only a means of guarantee. The cancellation and/or modification of reservations by the User will not cause early cancellation and/or modification fees, as long as this is done at least 72 (seventy-two) hours before the day of entry to the corresponding hotel (local time of the hotel). After this threshold, AHost will charge compensation for cancellation fees, which will amount to the amount of the first night (VAT and taxes included).
In the event that the User does not show up at the hotel without prior notice, he/she will be charged 100% of the total cost of the stay.
This clause is not valid for reservations made with special rates, such as non-refundable rates. In this case, the respective established conditions will apply.
Non-refundable rates: Non-refundable reservations are those made through early booking promotions, minimum stay or any other type of promotion. The User should note that non-refundable reservations require full payment of the account to reserve. Payment will be processed to the authorized credit card. If the card is declined at the time of payment, the reservation may be cancelled. No refunds will be given for cancellations, no-shows or early departures.
8. Additional Services
The User may use the Platform to contract additional services, such as excursions and food (breakfast, lunch and/or dinner). These additional services will be selected and paid for through https://hotels.cloudbeds.com, so AHost does not act as a direct provider of said services offered on the Platform. AHost works in collaboration with various specialized companies that are responsible for providing these services.
When booking an excursion through the Platform, the User acknowledges and accepts that AHost is not responsible for any inconvenience, problem or dissatisfaction that may arise during the tour. Any claim, dispute or request for refund must be addressed directly to the tour provider, who is responsible for the contracted service.
Each tour provider has its own terms and conditions, cancellation policies and safety regulations, therefore, it is the User's responsibility to review and accept these terms before making the reservation. AHost is not responsible for the specific conditions established by the providers.
AHost will not be responsible for changes in the itinerary, cancellations, delays or any alteration made by the provider of the contracted excursions. Likewise, AHost will not be responsible for accidents, injuries, losses or damages that occur during the performance of the contracted excursion, nor for the quality and compliance of the service offered by the provider of the excursions.
Therefore, for any query or claim related to the contracted excursions, it is recommended to contact the corresponding provider directly. The provider's contact details will be provided at the time of confirmation of your reservation.
9. Copyright and Industrial Property.
Except in those cases in which AHost and/or the respective owners expressly authorize it in relation to the Services, the User is not authorized to use the Intellectual Property, including but not limited to texts, graphics, trademarks, logos, button icons, images, audio clips, digital downloads, and data compilations, which are protected by intellectual property laws and/or copyright, for purposes other than those indicated in these Terms.
Thus, the User recognizes and accepts that all rights to the Intellectual Property are the property of AHost and/or its respective owners and, where applicable, are licensed in favor of AHost, and are therefore protected by the Applicable Law, as well as by the international treaties on intellectual and industrial property to which Mexico is a party.
In this regard, at no time and under no circumstances may the User nor have the power to reproduce, modify, prepare derivative works, distribute, license, lease, resell, transfer, publicly display, publicly present, transmit, retransmit, translate or use in any form or medium known or to be known the Platform or any Intellectual Property asset for any reason, nor may the User develop any software or other materials and/or any known or to be known intellectual property asset based on the same or to otherwise exploit the Services, the Platform or any of the items mentioned above.
AHost and/or the respective owners will retain all rights, titles and interest in all of its Intellectual Property, and any assets related to or forming part of the Intellectual Property, so the User's use of the Platform for any purpose related to the Services does not confer on the User any type of license, authorization, permission or right over the Intellectual Property and consequently the User will not use the Intellectual Property of AHost and/or third parties that is on the Platform for any reason and/or for any purpose without the prior written consent of AHost and/or the respective owners.
The fact that AHost does not require or enforce strict compliance by the User with any provision of these Terms or the fact that AHost does not exercise any right pursuant to these Terms will not be construed as a waiver of AHost's right to exercise such provision or right. The express waiver by AHost of any provision, condition or requirement of these Terms will not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Unless expressly and specifically set forth in these Terms, no representation, statement, consent, waiver or other act or omission by AHost shall be deemed to modify the Terms and Conditions or be legally binding.
Third party intellectual property that may appear on the Platform is the property of its respective owners, so in strict compliance with the Applicable Law and international treaties on intellectual property to which Mexico is a party, AHost and/or its subsidiaries do not claim any right over such intellectual property and it is only mentioned for informational purposes.
10. Third Party Services.
AHost declares that it is not a payment gateway service, and may therefore collaborate, coordinate or contract with a third party PSP to provide the payment gateway services that Users access through the Platform. The PSP will be limited to providing services related to online payments, payment authorization, processing, payment settlement and related services. Users are subject to the terms and conditions of offer and use of the external PSP, without any obligation on the part of AHost. All sensitive payment information that requires compliance with Applicable Law or international regulations will be handled entirely by the PSP. AHost will not maintain or store such payment information and assumes no obligation with respect to such sensitive information handled by the PSP.
Users accept and acknowledge that payment transactions may be directed to the PSP's system and such PSP systems will have full control to facilitate such payment transactions in a secure manner. AHost and the Platform shall have no control over such payment transactions. For any queries, technical support and operational actions directly related to Users' payment transactions managed by the PSP, Users shall engage directly with the PSP.
AHost shall not be liable to Users and/or any third party for any direct or indirect damages, losses of any kind, including, but not limited to, loss of profits, loss of revenue, business interruption, loss of business information, increased operating costs or other commercial or economic losses, in connection with payment transactions between Users and the PSP or between Users via the PSP. Users agree that the payment facility offered through the PSP systems provided on the Platform is not a banking or financial service, but is merely a facilitator and processor that provides an electronic, automated online payment, receiving payment on delivery, pickup and shipping facility for transactions on the Platform using the authorized and duly licensed banking infrastructure and credit card payment gateway networks. Users of the Platform agree that by transacting through the PSP, they are bound by the terms and conditions of the PSP without any recourse or liability to AHost.
In the event of any payment transaction rejection or suspension, chargeback, refund and/or any other dispute by the User, the User shall contact the PSP directly.
11. Limitation of Liability.
The User expressly agrees that access to the Platform and use of the Services will be at his/her own risk, and that the Services are provided as available. By using the Platform and/or the Services, he/she agrees to use his/her own judgment, caution and common sense to manage all content, information, advice, comments and materials offered and agrees that any use he/she makes of such content, information, training, advice, comments or materials is at his/her own risk. AHost and/or its affiliates and/or subsidiaries do not guarantee that: (i) the use of the Service will be safe, timely, uninterrupted and/or error-free; (ii) the Service or the Platform's software will meet his/her needs or expectations; (iii) the quality of any product, Service, information or other material obtained by the User through the Platform will meet one hundred percent of the User's requirements, needs or expectations; and (iv) the Platform is free of viruses or other harmful components.
However, AHost will use its best efforts to correct, in such time as is deemed necessary, any failure in the Platform or Services.
Any material downloaded or obtained through the use of the Services will be at the User's own discretion, who will be solely responsible for any damage to his/her computer system or other device or loss of data that results from the download of any material.
In no event and under no circumstances will AHost, its subsidiaries, directors, agents, employees, contractors and suppliers, be liable for any damage or loss, penalty for delay or deficiency in the performance of the Platform, especially when it results directly or indirectly from causes of force majeure and fortuitous event, including connection failures, telecommunications failures, power failures, internet outages, exceptionally severe weather conditions, fires, explosions, wars, civil unrest, labor disputes, pandemics, acts or omissions of persons for which we are not responsible, acts of government or other competent authorities.
12. License.
Subject to compliance with these Terms and Conditions and Applicable Law, AHost grants the User a personal, royalty-free, limited, non-exclusive, revocable and non-transferable license to use the Platform solely for the purpose of using the Services.
As a result of the foregoing, the User agrees that, under no circumstances, will he/she carry out any of the acts indicated below:
a) Rent, lease, sublicense, lend, provide, sell, resell or make available the Platform or the Services in any way, in whole or in part, to any person without our prior written consent;
b) Copy the Platform, except as part of the ordinary use of the Platform or when necessary for operational or backup security purposes;
c) Translate, merge, adapt, vary, alter or modify, all or part of the Platform, any of the Terms or Services or allow the Platform or the Services or any part of them to be combined or incorporated into any other program, except as necessary to use the Platform and the Services on devices, including mobile devices, as permitted in these Terms;
d) Design or create a product or service competitive or substantially similar to the Platform and/or the Services;
e) Copy or extract features, functionality or content from the Platform;
f) Post, upload or transmit any content or engage in any conduct that is offensive, harmful, threatening, abusive, harassing, defamatory, libelous or obscene or that is unlawful in any way or that degrades, intimidates, promotes or incites racism, intolerance, hatred or physical harm of any kind against any group or individual, including, but not limited to, on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability.
g) Post, upload or transmit any content that is pornographic or exploits people (adults or children) in a sexual or violent manner; or contains nudity, excessive violence or offensive subject matter or contains a link to any of the above types of content or to an adult website or in any way that uses the Platform or the Services in connection with any entertainment or pornography business.
h) Impersonate any person or entity, or submit any material to the Platform that is false, inaccurate, misleading, unlawful or otherwise in violation of the Terms, including, but not limited to, using misleading email addresses, forged headers or manipulated identifiers to disguise the origin of any content transmitted to the Platform.
i) Launch or facilitate the launching of an automated program or script, including web spiders, crawlers, robots, indexers, bots, viruses or worms, or any other program that could make multiple server requests per second or improperly disrupt or prevent the operation and/or execution of the Services;
j) Attempt to obtain unauthorized access to the Services or their related systems or networks;
k) Disassemble, decompile, reverse engineer or create derivative works based on all or part of the Platform or attempt to do such things; and
l) Infringe and/or dispute the validity or validity of AHost's Intellectual Property and/or the intellectual property of third parties, as well as not directly or indirectly request its registration or legal protection under any form known or to be known in Mexico or abroad.
Likewise, the User agrees to comply with all Applicable Legislation and regulations on exploitation or applicable technology control that apply to the technology used or supported by the Platform or any Service.
13. User Obligations.
As a result of the use of the Services made available to you through the Platform and after accepting these Terms and Conditions, the User must comply with the obligations listed below, including, but not limited to: (i) pay in a timely manner the amounts corresponding to the contracted Services; (ii) provide true personal data, including, but not limited to: name, date of birth, sex, nationality, contact information, such as telephone number and email address, for the purposes of carrying out a successful registration; (iii) refrain from using the Platform for illegal purposes or acts against AHost, its suppliers or any other User or third party that makes use of it; (iv) hold AHost harmless in the event of breach of the Terms of Service and indemnify AHost for any legal action that may result against it; (v) not to use the Platform to display, transmit, distribute or link any material that is false or misleading, discriminatory, defamatory, offensive or obscene or that may incite discrimination, hatred or violence against a person or group of people because of their origin or membership in an ethnic group, race or religion, because of their gender or sexual orientation; (vi) assume all risk and responsibility for failure to comply with these obligations; among others.
14. Electronic Commerce.
The User acknowledges and accepts that, although all statements, acceptances and signatures in relation to the use of the Platform and the provision of the Services, as the case may be, are by electronic means and through clicking by selecting the corresponding boxes, in accordance with the Applicable Law, through these, the User is obliged as if signing a physical document with a handwritten signature.
In compliance with the Mexican provisions on data messages according to the Federal Civil Code, it is hereby notified that Mexican legislation recognizes the validity of messages by electronic means and therefore they produce the same legal effects and acquire probative character and entity. Consequently, the User understands and agrees that, through the exchange of messages by electronic means, Users may give rise to the birth, modification and extinction of obligations, the content, consequences, responsibilities and effects of the information generated being their exclusive responsibility.
The User acknowledges and accepts that, having entered the Platform and having started the process for the contracting of a Service, and accepting these Terms and Conditions, he/she declares that he/she has read the details and specifications of the operation of the provision of the Services and the rights and obligations to which he/she is subject by means of the Terms and Conditions, granting his/her express consent with these, in accordance with the provisions of articles 90 section II, 93, 97 and other applicable articles of the Commercial Code and in terms of the provisions of article 1,803 and other applicable articles of the Federal Civil Code.
15. Cookies
On the Platform, we use functional cookies. The cookies used by AHost allow us to collect, analyse and retain electronic information related to visits to the Platform. The cookies we use allow us to collect this information automatically at the very moment the User accesses the Platform and our electronic Services; however, they do not allow us to individually identify the people who visit the Platform. If the User browses our Platform and/or sends information through it, we consider that they give their express consent for the installation of our cookies. The User must take into account that, if they deactivate the cookies or prevent their installation, they may not be able to fully use some functions of the Platform.
We also inform you that the data obtained through these technologies will be used exclusively for statistical purposes and for reviewing results, without the possibility of transferring them to third parties.
16. Other Provisions
a. Advertising. Some of our Services may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, contracting or processing of the Services, inquiries made through the Services, or other information. The form, mode, and extent of AHost's advertising on the Services are subject to change without notice.
You may receive promotional messages and materials from us, via email or any other contact form you provide to us (including phone number for calls or text messages). If you do not wish to receive such promotional materials or notices, you must notify our contact means.
b. Geographic Restrictions. AHost has its registered office in Mexico. The Services provided through the Platform are intended for use by persons located in Mexico, so AHost cannot claim that the Services or any of their content are accessible or authorized outside of Mexico. Access to the Services may not be legal for certain persons or in certain countries. If the User accesses our Services from outside of Mexico, he/she does so on his/her own initiative and is responsible for compliance with local laws.
c. Indemnification. The User agrees to defend, indemnify and hold harmless AHost, its affiliates, subsidiaries, licensees and service providers, and each of their respective officers, directors, managers, members, employees, contractors, agents, licensees, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, losses, costs, expenses or fees (including reasonable attorneys' fees) arising from or related to: the User's violation or breach in part or in whole of these Terms and Conditions or the Applicable Law. This defense and indemnification obligation will survive the termination of your use of the Platform and contracting of the Services.
d. Severability. If any provision of these Terms is found to be unlawful, void or voidable, whether in whole or in part, under any law, then such provision or part thereof shall be deemed not to form part of these Terms and Conditions to the extent that the legality, validity and enforceability of the remaining provisions of these Terms shall not be affected. In such event, such unlawful, void or voidable provision shall be replaced by another legal, valid and enforceable provision that has, to the extent possible, a similar effect to that of the unlawful, void or voidable provision, given the contents and purpose of these Terms and Conditions.
e. Notifications. AHost may notify the User by means of an email notification sent to the User's email address registered on the Platform or to the email address that the User has indicated at the time of signing the corresponding documents. The User may notify AHost by sending an email to reservations@vonda.mx.
f. Applicable Law and Dispute Resolution. These Terms and Conditions shall be governed by and construed in accordance with the laws of Mexico, without regard to its conflict of laws provisions. The Parties hereto expressly waive any other jurisdiction that may apply to them by reason of their present or future domicile or for any other reason.
Notwithstanding the foregoing, in the event that the Client has any conflict or disagreement related to the Services and/or considers that any part of these Terms is not being observed or complied with by AHost, or if any difference arises between AHost and the User derived from or related to this, the User is recommended that, before resorting to the means indicated in the previous paragraph, he/she choose to contact AHost at the email address: reservations@vonda.mx in order to analyze and resolve the specific case as immediately as possible.
BY ACCESSING OUR PLATFORM OR USING THE SERVICES, THE USER ACKNOWLEDGES THAT HE/SHE HAS READ THESE TERMS AND CONDITIONS AND EXPRESSLY AGREES TO BE OBLIGED TO COMPLY WITH THEM. THE ELECTRONIC DOCUMENT IN WHICH THE PRESENT GENERAL TERMS AND CONDITIONS ARE FORMALIZED WILL BE ARCHIVED IN THE AHOST DATABASE. IN THE EVENT THAT THE USER NEEDS TO IDENTIFY AND CORRECT ERRORS IN THE DELIVERY OR IN THEIR DATA, THEY MAY CONTACT AHOST BY EMAIL reservations@vonda.mx. IT IS NOTED THAT, ONCE THE ACCEPTANCE OF THIS CONTRACT IN THE TERMS REFERRED TO ABOVE HAS BEEN VERIFIED, AHOST WILL SEND A CONFIRMATION OF THE EXECUTION OF THESE TERMS AND CONDITIONS TO THE USER BY EMAIL, CONTAINING A COMPLETE, CLEAR AND LEGIBLE COPY OF SAID TERMS AND CONDITIONS.
Last updated: October 17, 2024