SUPPORT

MX-BRD-TRVL ® PRIVACY NOTICE

NOTICE OF PRIVACY

LUIS ENRIQUE MORALES VALLIN (hereinafter, the "Responsible"), with address at PROLONGACION AVENIDA TERCER MUNDO 3 COLONIA AGUA ESCONDIDA, SAN FRANCISCO, BAHIA DE BANDERAS, NAYARIT, MEXICO, in compliance with the Federal Law on Protection of Personal Data in Possession of Individuals and its Regulations (hereinafter jointly, the "Law"), makes this Privacy Notice available to you, in order for you to know how your personal data is used, disclosed and stored and any information that is collected through different means including our website, in order to guarantee the privacy of said information and the right to informative self-determination of people.

Likewise, it informs you of the purposes for which the Responsible Party collects and processes your Personal Data (according to said term is defined below). The Responsible will collect the following personal data: names or surnames, email, telephone, address or others (hereinafter, the "Personal Data"), necessary for the following purposes: ORGANIZATION OF EXCURSIONS FOR TOURISTS; TRAVEL AND EXCURSION TICKET RESERVATION SERVICES; GUIDED TOURS AND EXCURSIONS SERVICES; ORGANIZATION OF BUS EXCURSIONS; TRAVEL GUIDE SERVICES; TRAVEL ORGANIZATION; ORGANIZATION OF TRANSPORT AND TRAVEL; EDUCATION; TRAINING; ENTERTAINMENT SERVICES; SPORTS AND CULTURAL ACTIVITIES; EMPLOYEE TRAINING SERVICES; TRAINING; DELIVERY OF ONLINE TRAINING COURSES; RETAIL SALE OF SOUVENIRS; RETAIL SERVICES RELATING TO CLOTHING; RETAIL SALE OF ARTISAN PRODUCTS;.

In accordance with the Law, we require your express consent for the treatment of your sensitive Personal Data as well as financial and patrimonial data, except for the exceptions established by Law. If you express your consent for the treatment of your sensitive Personal Data as well as of a financial and patrimonial nature, the Responsible undertakes not to process this Personal Data for purposes other than those established in this Privacy Notice. You have the right to access your Personal Data that we have and the details of its treatment, as well as to rectify them if they are inaccurate or incomplete, or cancel them when you consider that they are not required for any of the purposes indicated in this Notice. of Privacy, are being used for non-consensual purposes or have terminated the contractual or service relationship, or oppose their treatment for specific purposes (hereinafter, the "ARCO Rights"). To exercise the ARCO Rights, you must submit the respective request, through the following contact information: LUIS ENRIQUE MORALES VALLIN AV PROLONGACIÓN TERCER MUNDO # 3 COLONIA AGUA ESCONDIDA SAN FRANCISCO, BAHIA DE BANDERAS, NAYARIT C.P.63729. MEXICO.

The request that you submit for the exercise of ARCO Rights must indicate your name and the address or email where you wish to receive all the information related to the procedure, in addition to being accompanied by the document(s) with which your identity is proven. or the personality of its legal representative. Likewise, we would appreciate it if you included a clear and precise description of the data with respect to which you seek to exercise any of the ARCO Rights and any other element that allows us to identify or locate the Personal Data in question. When it comes to "rectification" of your Personal Data, you must also tell us the exact modification you are looking to make and submit the documentation that supports the request.

Additionally, for your protection and benefit, we may request additional documentation that allows us to fully identify the Personal Data you wish to access, rectify and / or cancel, or those with respect to which you wish to oppose its treatment. The Responsible will ensure that the Personal Data contained in the databases are relevant, correct and updated for the purposes for which they were collected and when they are no longer necessary for the fulfillment of the intended purposes, they must be canceled. Notwithstanding the foregoing, the Data Controller may not be able to cancel or block your Personal Data in accordance with the provisions of the Law. Once your complete and duly integrated request has been received, the Responsible will communicate the corresponding response within a maximum period of 10 business days. If appropriate, within the following 15 business days you can make the requested right effective.

In the event that the Responsible must deliver documentation as a result of the right exercised, it will do so through copies that will be sent to you by email or will make them available to you at the address indicated for this purpose, within the aforementioned period, so that you can collect them directly or through a third party empowered by power of attorney. You can at any time revoke the consent you have given us to totally or partially prevent the processing of your Personal Data, however, it is important that you bear in mind that not in all cases we can meet your request or conclude the use immediately, since it is possible that due to some legal obligation the Responsible requires to continue processing your Personal Data. Likewise, you should consider that for certain purposes, the revocation of your consent will imply that we can not continue to provide the service and / or attention requested, or the conclusion of your relationship with the Responsible.

In case you wish to revoke your consent to the processing of your Personal Data, you must submit your request to the Responsible accompanied by a copy of your official identification to prove that you are the owner of the Personal Data (where appropriate, the authorization of your legal representative), and indicate the email or address to which you wish to receive the information related to the procedure,  a clear and precise description of the Personal Data for which you need to revoke your consent and the data that allows us to notify you of the resolution of your request.

The Responsible will notify you of the resolution corresponding to your request within 10 working days following the presentation of your request, provided that it is complete and duly integrated. In order for you to limit the use and disclosure of your personal information, you can register in the Public Registry to Avoid Advertising, which is in charge of the Federal Consumer Protection Agency (PROFECO), so that your Personal Data is not used to receive advertising or promotions, for more information about this registry,  you can consult the PROFECO website.

The Responsible, through this Privacy Notice, informs you that on its website it uses cookies and / or other technologies through which it is possible to monitor your behavior as an Internet user, provide you with a better service and user experience when browsing our page, as well as offer you new products and services based on your preferences. These technologies can be disabled by following the steps set out on our website for these purposes. At any time the Responsible may make modifications or updates to this Privacy Notice derived from new legal requirements, the privacy policies or practices of the Responsible or its needs derived from the products or services it offers, or for any other reason.

The Responsible will inform you of any changes or updates to this notice through YES.

MX-BRD-TRVL ® CANCELLATON POLICY 

CANCELLATION POLICY & RELEASE AND INDEMNITY AGREEMENT


 

Please note that, due to the considerable amount of planning and work involved in our tours prior to the arrival of each party, our cancellation policy is as follows: For a cancellation made more than 10 days prior to the first day of the tour: 100% of all funds having been paid are refundable, minus handling fees and any bank charges incurred in refunding the money. Cancellation between 10 and 3 days of the starting date of the tour: 50% refund. Cancellations with less than 48 hours’ notice from the starting date of the tour have no refund.  

IMPORTANT NOTICE: YOUR RESERVATION IS EXPRESSLY MADE SUBJECT TO THE TERMS AND CONDITIONS OF THE RELEASE AND INDEMNITY AGREEMENT AT THE BOTTOM OF TERMS AND CONDITIONS.

TRIP CANCELLATION & MEDICAL EMERGENCY INSURANCE: We strongly recommend you consider purchasing trip cancellation (including medical emergency) insurance to cover your investment in case of injury or illness to you or an immediate family member prior to or during a trip. It is recommended that you purchase optional tour cancellation/emergency insurance. Companies vary in coverage but tend to cover trip cancellation, interruption, medical coverage, travel delays, baggage loss, emergency medical evacuation etc.

RELEASE AND INDEMNITY AGREEMENT

Each registrant named desires to participate in the tour(s) listed thereon. Therefore, each registrant knowingly and voluntarily WAIVES, RELEASES, SAVES, HOLDS HARMLESS and INDEMNIFIES MX-BRD-TRVL® represented by LUIS ENRIQUE MORALES VALLIN , its agents, servants, employees, shareholders, officers, directors, attorneys, contractors and sub-contractors, past, present and future, and their respective heirs, legal and personal representatives, successors and assigns (collectively, "Released Parties"), and all of their respective properties, assets and interests ("Released Property") from, any and all claims, actions, causes of action, demands, rights, damages, costs, losses, liabilities, expenses, compensation, controversies, disputes, obligations, debts, dues and liens whatsoever, on account of, or in any way arising out of, any and all known or unknown, foreseen or unforeseen loss of life or personal injury, loss or damage to property, and the consequences thereof, directly or indirectly resulting from, incident to, in connection with, or arising out of that registrant's participation in the tour(s) (collectively, "Claims").

IT IS MY/OUR INTENTION THAT THIS RELEASE AND INDEMNITY AGREEMENT SHALL APPLY TO ALL OF THE CLAIMS WITHOUT LIMIT AND, TO THE FULLEST EXTENT ALLOWED BY LAW, REGARDLESS OF WHETHER FOUNDED, IN WHOLE OR IN PART, ON ANY NEGLIGENT ACT OR OMISSION OF ANY OF THE RELEASED PARTIES, REGARDLESS OF THE DEGREE OF NEGLIGENCE.

I/we have received and read a copy of the Deposit and Cancellation Policies and the Responsibility clause, which are incorporated herein by reference for all purposes, and I/we understand, consent to and agree to be bound by the conditions and provisions stated in those policies and that clause. Except for the health problems listed on the reverse, each registrant is in good physical health and able to tolerate the physical demands of the tour(s). Any controversy, claim or cause of action arising out of or relating to this Release and Indemnity Agreement or the performance by the Released Parties of their obligation of the tour, including, without limitation, any claim or cause of action relating to bodily injury, property damage or death, shall first be submitted by Registrant and the Released Parties to non-binding mediation in Bahía de Banderas, Nayarit. If the controversy is not settled at mediation, the controversy, claim or cause of action shall be submitted, at the sole discretion of Released Parties, to arbitration in Bahía de Banderas, Nayarit, in accordance with the rules of the Conciliation and Arbitration Board then existing and applying the laws of the state of Nayarit. No waiver of this agreement to arbitrate shall be enforceable unless in writing and signed by the party charged with waiver. Any award rendered by the arbitration panel shall be final and binding on the parties, and judgment thereon may be entered by a court in Bahía de Banderas, Nayarit having subject matter jurisdiction. If Released Parties do not elect to have a controversy, claim or cause of action submitted to arbitration, exclusive jurisdiction and venue for any suit based upon a claim otherwise subject to arbitration under this agreement shall be in Bahía de Banderas, Nayarit, Mexico. Released Parties shall have the right, even after suit is filed, to require submission to arbitration by motion filed in the case within 120 days after service of process, summons, citation or statement of claim on Released parties. Registrant and Related parties agree and stipulate that this agreement to arbitrate and the related agreements and transactions are in or affect interstate commerce. This agreement to mediate, arbitrate, or submit controversies or claims to courts does not waive or modify the Release and Indemnity as contained in this Release and Indemnity Agreement.

I/we have read and understand this Release and Indemnity Agreement, which contains the entire and final agreement relating to the subject matter hereof. Its terms shall be binding on me/us and on my/our heirs, legal representatives and assigns. If any provision of this Release and Indemnity Agreement is determined to be void, unenforceable, ineffective, or against public policy, that provision shall be disregarded and deemed removed from this Release and Indemnity Agreement, and shall not affect the remaining provisions of this Release and Indemnity Agreement. The terms of this Release and Indemnity Agreement are contractual and not mere recitals.

THIS RELEASE AND INDEMNITY AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED UNDER THE LAWS OF THE STATE OF NAYARIT. VENUE FOR ANY ACTION OR LAWSUIT BETWEEN REGISTRANT, MX-BRD-TRVL®, OR ANY OTHER RELEASED PARTY ARISING OUT OF THIS AGREEMENT OR THE TOURS OFFERED BY MX-BRD-TRVL®,. SHALL BE IN BAHIA DE BANDERAS, NAYARIT, MEXICO.

I have read the foregoing Release and Indemnity Agreement, understand the Release and Indemnity Agreement, and agree to be bound by the Release and Indemnity Agreement.