Terms and conditions for the use of the website www.emarkdmc.com
1. Acceptance of terms and conditions.
Thank you for choosing the services of www.emarkdmc.com Website and Trademark of Grupo Emark Mexico S.A. de C.V. hereinafter referred to as the “SITE”, by accessing this website, the “SITE”, you accept these terms and conditions, so please review them carefully before proceeding. In the event that the “USER” does not agree to be bound by these terms and conditions, he/she must immediately suspend his/her use and not access the “SITE”. The terms and conditions set forth in this document are subject to change without notice.
For all purposes of the Terms and Conditions set forth herein, the following definitions shall apply:
Travel Agency (Operator) – Company Emark Mexico S.A. de C.V., which contracts and/or acts as an intermediary through its reservation page www.emarkdmc.com , for the benefit of a “USER”, with respect to tourist services provided directly by an end supplier, hereinafter this company will be referred to as “EMARK GROUP”.
Web page www.emarkdmc.com – Web page owned by Grupo Emark Mexico S.A. de CV, which acts as an intermediary, offering through the Internet to the “USER”, the various tourist services provided directly by a PROVIDER, hereinafter referred to as the “SITE”.
User or client – Person who uses the “WEBSITE” www.emarkdmc.com , in order to make use of the intermediation and the booking engine of “EMARK GROUP”, in order to enjoy any of the tourist services provided directly by the final PROVIDER, hereinafter referred to as “USER”.
Provider – Natural or legal person who directly provides the tourist services to the “USER”, contracted, reserved or acquired by the latter through the intermediation and booking engine of the “SITE” www.emarkdmc.com
It consists of the INTERMEDIATION that will exist between the EMARK GROUP site www.emarkdmc.com , the “USER” and the SUPPLIERS, where EMARK GROUP for the effects of the present Terms and Conditions, will act only and exclusively as INTERMEDIARY, from its operations center located in the City of Cancun, Quintana Roo, as well as in the different branches within the country providing to the “USER” through its “WEBSITE” in an enunciative but not restrictive way, the service of reservation of terrestrial and air transport; reservation in hotels and lodging establishments; reservation of travel packages; reservation of automobiles; excursions, cruises, among others, so that once the reservations are confirmed to the “USER” by EMARK GROUP containing the tourist services chosen by the “USER” (according to his availability), it will be concluded with the provision of the intermediary service by EMARK GROUP through its “SITE” www.emarkdmc.com , since said tourist services will be provided to the “USER” by the SUPPLIERS directly.
As well as in its character of Operator outside the clauses of the electronic commerce it consists of the organization, administration, operation, promotion, representation, diffusion, purchase and sale, rent and exploitation, of Hotels, Motels, Condominiums, Tourist Complexes, Recreational Centers, of diverse and lodgings and especially the promotion and sale of rights of use. 2.- Preparation, preparation and implementation of all kinds of studies, projects and plans related to the acquisition, sale, lease, investment, development, operation and commercial traffic in general of condominiums, hotels, housing units, buildings and complexes or similar facilities. 3.- To become an agent, commission agent, intermediary, concessionary broker, licensee, factor and distributor, among national or foreign individuals or corporations and among tourist service providers with respect to the sale, promotion or disposition by any title of rights of use in time share systems and/or lodging services on real estate destined to tourist service, of condominiums, hotels, housing units and sets and similar facilities. 4.- The creation, acquisition, installation, possession, lease, promotion, exploitation, administration and operation of all kinds of tourist centers, restaurants, cafeterias, bars, canteens, cabarets, discotheques, dance halls, hotels, social and sports clubs, tourist marinas, golf courses and any other sports activity, as well as any kind of food and beverage outlets, with wine and liquor service, as well as the provision of advice and the services necessary for their operation. 5.- The representation, advice, management, commissions and any other act of commerce in relation to hotel establishments and timeshare services. 6.- The purchase, sale, import, export, distribution and manufacture of all kinds of handicraft articles of all kinds and materials, jewelry, photographic articles, boutique and similar items, as well as the operation of commercial businesses in the field of gifts, curiosities and fashion. 7.- The purchase, sale, manufacture, distribution, import, export, commission and representation of all kinds of equipment, articles, spare parts and goods in general, related to nautical, sports or commercial activities, sport fishing, diving, skiing and other marine sports. 8.- The rental, promotion, development, consignment, purchase, sale, manufacture and repair of all kinds of nautical sports and recreational equipment. 9. The establishment of the operation, administration, supervision and promotion in general of travel agencies and real estate agencies for the sale of all kinds of real estate. 10.- The provision of services to tourists for the reservation of spaces in any means of transportation, whether by land, air or water, whether private or concessioner, operated and/or administered by federal, state, local or municipal authorities, and to issue, in the name of the carriers and in favor of the passengers, both national and foreign, the tickets, coupons and orders for the corresponding services and, if applicable, the acquisition of tickets for hotels, to attend restaurants, public or private shows and tourist attraction sites. 11.- The provision of all types of tourist services such as the preparation, organization, advertising and implementation of tourist itinerary projects in the national territory and abroad. – 12.- The organization of social events, exhibitions or ecotourism tours. – 13.- The teaching, instruction and provision of professional diving courses to tourists and the general public. – 14.- The purchase, sale, import, lease, sublease and marketing of all types of equipment and implements for diving, sport fishing and other water activities, as well as the establishment of stores and shops of these items. – 15.- The rental of maritime vessels in general.16.- The operation and administration of all kinds of educational, entertainment, amusement and leisure centers. 17.- The rental or lease of automobiles, motorcycles without a driver, as well as the rental of boats.18.- The establishment and operation of the public passenger transportation service on the routes and sections of the corresponding federal jurisdiction or local jurisdiction, as well as the operation of tourist transportation services, authorized by means of the concessions or permits granted to the company by the Federal Government and/or the corresponding State or Local Government, or by means of the concessions and/or permits that the company receives in transfer, or by virtue of the concessions and/or permits that it enjoys from its own partners and that are authorized by the corresponding authorities 19.- Execute all kinds of commercial acts, being able to buy, sell, acquire, distribute, import, export, manufacture, commercialize and in general negotiate all kinds of products related to the above mentioned objects, on their own behalf or on behalf of others, in the Mexican Republic or abroad. 22.- Acquire or participate in the capital or assets of other civil or commercial companies, forming part of their incorporation or acquiring shares or interests in them, as well as disposing of them. – 23.- Acting as a contractor, subcontractor, commission agent, distributor, representative, mediator or agent and appointing subcontractors, commission agents, distributors, representatives, mediators or agents. – 24.- To register or acquire by any title, patents, industrial and service marks, trade names, inventions and processes, and any other type of industrial, literary or artistic property rights, as well as to dispose of them. 25.- Obtain, by any title, concessions, permits, authorizations or licenses, as well as enter into any kind of contract related to its object. 26.- Carry out, on their own account or on behalf of others, all types of collection in the Mexican Republic or abroad. 27.- To grant and obtain all types of credits, loans or financing, with or without specific guarantee, to issue bonds, shares, obligations, mortgage bonds, securities and other credit titles, with the intervention of the Institutions indicated by the Law, as well as to legally acquire and negotiate with bonds, obligations, shares, mortgage bonds, securities and other types of credit titles issued by third parties and in general, to acquire and negotiate with all types of credit instruments. 28.- To provide guarantees and to be jointly and severally liable, as well as to provide guarantees in favour of third parties. – 29.- To draft, subscribe, issue, accept, endorse, guarantee, pay, protest, discount, acquire and dispose of all types of credit or securities in the terms permitted by law. -30.- To grant real or personal guarantees of any kind, as a guarantee of its own obligations or those of third parties, with which the company has a relationship with or without performance. 31.- Hire the necessary personnel to carry out its object, request and obtain guarantees and insurance in its own name and in the name of third parties with whom the company has a relationship or participation. 32.- In general, to carry out any operations derived from or related to the objects mentioned above and to perform all kinds of commercial acts, and to enter into contracts, whether civil, commercial, administrative, labor or of any other nature, that are convenient or related to the purposes of the company, as permitted by law.
4. Reservation Policies
If the “USER” wishes to change or cancel his/her reservation, he/she should contact any of our EMARK GROUP Reservation Center Advisors, mentioning his/her reservation number. EMARK GROUP suggests you read carefully the clause corresponding to the CANCELLATION POLICY. Any change of reservation is subject to availability and re-quotation of rates. For further information, the “USER” should contact the Travel Consultant at the EMARK GROUP Reservation Center, mentioning his/her reservation number. All reservations firmly confirmed by EMARK GROUP provide a confirmation number, which must be kept by the “USER” at all times.
5. Payment policies.
The total amount corresponding to your reservation will be charged immediately by EMARK GROUP to the credit card details provided by the “USER” for this purpose, as long as the status of your reservation shows that it is confirmed, and it will appear on your statement with the legend: EMARK GROUP or with the legend equivalent to the PROVIDER, except in some reservations that include plane tickets where two charges may appear. (a) The first one for the cost of the plane tickets and (b) the second one for the other reserved services, such as: Hotel, transfers, taxes, fees and others. These charges will be reflected with the legend EMARK GROUP, with the legend AUTHORIZATION NUMBER, DIFFERENT CHARGE, or with the legend equivalent to the SUPPLIER and the name corresponding to the “AIRLINE” or SUPPLIER of the Service.
For the payment of your reservation, we accept Visa, Master Card and American Express credit cards. If the “USER” does not have any of these credit cards, he/she can send us a bank transfer, by contacting our Travel Advisors.
The rates published in our “SITE” are quoted in various types of currencies, which are duly specified at the time. Mexican Pesos will be charged in Mexican Pesos. In the case of any other type of currency, the amount of the transaction will be converted to US Dollars at the exchange rate in effect on the date of the transaction.
EMARK GROUP informs you that some banks and credit card companies impose charges for international transactions, which may vary from time to time, in addition to any taxes required under applicable law. If you are making a reservation with a PROVIDER outside of Mexico using a credit or debit card from Mexico, your Bank may convert the amount due into your local currency and charge you a conversion rate. In addition, the exchange rate used by the bank may be different from the rate shown on our currency converter. This means that the amount entered on your credit card statement may be in Mexican pesos and may be a different amount than the amount shown on the billing summary page for a reservation made on the “SITE”. The exchange rate and the charge for the international transaction are determined only by your bank on the day the transaction is processed.
When consulting your travel itinerary, you can also consult the billing section and generate the corresponding tax invoice.
Monitoring and review of the information provided by the “USER” at the time of payment of services.
EMARK GROUP, through its Risk Verification Department, may monitor and review a reservation made by the “USER” when it is considered to be of high risk. A reservation is considered to be high risk when the EMARK GROUP system detects that the data provided by the “USER” at the time of payment for the reservation is false or incorrect or the institution that issued the credit card detects a discrepancy in the data entered by the “USER”.
In the event of a situation, EMARK GROUP will immediately contact “THE USER”, in order to check and validate the information provided by him. In the event that the “USER” does not validate the information requested, EMARK GROUP will proceed to cancel the reservation and make the corresponding refund.
6. General cancellation policies.
EMARK GROUP reserves the right to contract, on behalf of the “USER”, the services referred to and specified in these Terms and Conditions precisely in the quality and/or categories contracted, as far as transporters, hotels and car rental companies are concerned, independently of the ultimate provider of the services, unless it is expressly agreed that these will invariably be provided by a specific SUPPLIER. In case of modification of the direct SUPPLIER of the service, it will be provided by another one of equivalent quality, if the “USER” makes use of the service, it will be understood that he/she consented to such modification and no claim, compensation or refund will be made. Once EMARK GROUP receives from the “USER” the amount of the contracted services, be it by air, land, lodging, in conjunction (package) or any other, EMARK GROUP has the immediate authorization of the “USER” to issue, issue or acquire the airline tickets in its name, adhering and accepting both EMARK GROUP and the “USER” the cancellation, issue and sale policies of the national and international airlines, the policies of issuing, issuing and sale of air tickets of IATA International and the Reservation and Cancellation Policies of this “SITE”.
Once the airline tickets have been issued in favor of the “USER”, EMARK GROUP will not be responsible for any change of itinerary, or for any change or error in the data provided by the “USER” for the issuance of the airline tickets, such as names, surnames, ages, sex, dates, routes, airlines, classes, categories, among others.
Therefore, EMARK GROUP, makes the “USER” aware of the General Cancellation Policies of the tourist services offered through its “SITE”:
1.a) For the cancellation of the Hotel + Flight package:
The plane tickets are not refundable or transferable to another person or airline, except in case of death of the passenger.
Hotel and transportation reservations are subject to the applicable penalties according to the day the cancellation is requested. No changes are requested before the start of the trip, the services reserved are valid only for the dates specified on the reservation coupon.
1.b) For Cancellation of Air Transportation Reservations:
When completing a flight reservation, either in package or only in flight, the charge to the “USER” credit card is instantaneous, in order to issue (or generate) the ticket of the PROVIDER, generating a confirmation number, so once the ticket is issued, it has the following restrictions:
Issued tickets are not refundable.
The tickets are not transferable to another person or another airline.
All changes in the date and time of the flight generate extra charges and are subject to availability.
For date and time changes on airline tickets.
If the “USER” needs to change the time or date of their flight, they should contact the Travel Advisor. All changes are subject to availability. The sooner you request the change, the more possibilities you will have to find available seats on another flight.
Additional charges for ticket changes depend on the dates the “CUSTOMER” wishes to travel, the policies of each airline and the demand for each flight.
1.c) For Cancellation of Hotel Reservations:
At the moment of entering his general data in the selected Hotel, to generate the reservation, the “USER” will be able to consult in the link called Reservation Policy, the terms and conditions of cancellation applicable for the selected Hotel, nevertheless the previous thing, EMARK GROUP makes its knowledge the General Policies for Cancellation of Reservations of Hotels:
Cancellations made 15 days or more before the arrival date apply a charge of 10%.
Cancellations made from 3 to 14 days before the arrival date apply a charge of 2 nights.
Cancellations made from 0 to 2 days before the arrival date apply a 100% charge.
If the room is marked as non-cancelable, non-refundable or similar, a 100% penalty applies regardless of the date you request the cancellation.
Cancellation policies may vary depending on the hotel, time of year or room type. The “USER” can review the specific policy that applies to the selected hotel during the reservation process.
Cancellations during high season and holidays:
Christmas, New Year, Easter, summer, and holidays such as February 5, May 1, September 16, November 20 and dates designated by the hotels.
Reservations cancelled 30 days or more prior to the arrival date are charged at 10%.
Reservations cancelled 15-29 days prior to arrival will be charged for 2 nights.
Reservations cancelled with less than 15 days’ notice are charged at 100%.
If you have to leave the hotel before the end of your stay (early check-out), or do not show up at the hotel (known as no show) it is considered a cancellation and no refund applies. If you reduce the number of guests after paying for the reservation, it is the hotel’s decision to apply penalties or refunds.
1.d) For Cancellation of Tour Reservations and/or Ground Transportation
At the time of booking, the applicable cancellation policies for the Tours or Ground Transportation in question, on your screen will appear a link (link) and a checkbox (acceptance box) that you must activate in order to continue with your reservation and learn about the general policies of cancellation, however, the above mentioned below we inform you of the general policies of cancellation for Tours and / or Ground Transportation:
Cancellations made 3 days or more before the scheduled tour time apply a 10% fee.
Cancellations made from 0 to 2 days before the scheduled tour time apply a 100% charge.
No refunds apply if you do not show up at the agreed upon meeting point to start the tour or to transport you to the place where you will take the tour.
All modifications are subject to availability and authorization of the SUPPLIER of the service.
Some tours and activities are not subject to cancellation.
Cancellations made 3 days or more prior to arrival date apply a 10% charge.
Cancellations made from 0 to 2 days before the arrival date apply a 100% charge.
No refunds apply if you do not show up at the airport on the day the transportation service is scheduled.
These policies also apply to cancel reservations made in fixed payments.
Cancellations made 90 days or more prior to the cruise departure date apply a 10% charge.
Cancellations made 45 to 89 days prior to cruise departure apply a 50% charge or the amount paid as a deposit.
Cancellations made 30 to 44 days prior to cruise departure apply a 75% fee.
Cancellations made from 0 to 29 days prior to the cruise departure date apply a charge of 100%.
Cancellation policies may vary depending on the cruise line, time of year or type of cabin selected. You can review the specific policy that applies to the selected cruise during the reservation process.
Cancellations made 30 days or more before departure: 10%.
Cancellations made 15 to 29 days before departure: 25%.
Cancellations made 7 to 14 days or more before departure: 35%.
Cancellations made 1 to 6 days before departure: 50%.
No show: 100% charge.
1.e) General Rules for Cancellation of Travel Insurance
For Travel Services Certificate:
Cancellations made 6 days or more after the date of purchase apply a 100% charge, as long as the trip does not start within 5 days after the date of purchase.
In case the trip starts within 5 days after the purchase date, the insurance will be non-refundable from the moment the payment of the service is completed.
It is not possible to cancel the insurance if you have made use of the coverage described in the plan (insurance claim)
For Cancellation Insurance for any reason:
The insurance is not cancelable or refundable because it comes into effect from the moment the payment of the service is completed and expires 48 hours before the trip starts.
The amount paid for the insurance is not refundable in any case.
For any clarification or comments you can send an email to email@example.com , in both cases, you should have the full name of the person traveling, Locator and Confirmation Key (if already received) to give you a better service.
For Grupo Emark Mexico S.A. de C.V. it is important to protect your privacy and to comply with the Federal Law on the Protection of Personal Data in the Possession of Individuals, applicable to the protection of data provided through this website www.emarkdmc.com (the SITE”), for which it uses various security techniques and procedures applicable in the industry, designed to protect them from unauthorized access by users inside and outside the company.
In order to have access and to contract some of the services offered by the “SITE” www.emarkdmc.com , it is necessary that the “USER” voluntarily provides some personal information to identify him/her, such as: name, date of birth, address, telephone number, fax number, e-mail address and some data of his/her credit card, debit card or service card, as well as the name of the people who will use the services, among others. In the event that users are provided with a user ID and password or a confirmation code, they must provide them when required on the page, so the “USER” states that he has read EMARK GROUP’s PRIVACY NOTICE, the terms incorporated therein, and agrees that the terms of such policy are reasonable. The “USER” consents to the use of his personal information by EMARK GROUP and/or its SUPPLIERS and distributors, third parties in accordance with the terms of the EMARK GROUP’s PRIVACY NOTICE and for the purposes set out in that notice. For further information about the treatment of their personal data, the “USER” may access the complete Privacy Notice at www.emarkdmc.com
EMARK GROUP will not be responsible, nor assumes any responsibility, for any damages or viruses that may infect your computer or any other property of the “USER” due to your access, use or browsing of this “SITE”, or your downloading of any materials, data, text, images, video or audio from the “SITE”. in no event shall EMARK GROUP be liable for any injury, damage, loss, claim or any special, punitive, indirect, incidental, negligent or consequential damages resulting from (a) any use of this “SITE” or the content contained herein; (b) any failure or delay (including, without limitation, the use of, or the inability to use any component of this “SITE” for reservation or ticketing services); or (c) the operation or non-operation of the PROVIDER, including, but not limited to, non-operation resulting from bankruptcy, reorganization, insolvency, dissolution or liquidation.
9. Links to “SITES
This “SITE” may contain links to other web “SITES” which are provided solely for your convenience and benefit and not as an endorsement of EMARK GROUP or its site www.emarkdmc.com , such web “SITES” and their content belong to the SUPPLIERS or distributors or third parties. Emark Group and its www.emarkdmc.com site reserve the right to disable any unauthorized links or frames and assumes no responsibility for the content of any other Internet sites linked to or from this Site. Access to any linked or hyperlinked Site is at the User’s sole risk. a) FACEBOOK or TWITTER.
This “SITE” contains links to various social pages, including Facebook pages with user names: Emark Group , and on twitter page with username @EMARK_MEX_DMC accounts managed by EMARK GROUP ; The “USER” acknowledges that such Pages are solely for informational and social purposes of the EMARK GROUP, and EMARK GROUP will not be liable in any way whatsoever for any content, information, third party postings, comments, photographs, videos, hashtags, nor any other material outside the scope of the direct management of EMARK GROUP, nor for the material shared on such “SITES” by the “USER” or any third party and outside the management of EMARK GROUP may violate the industrial property rights or copyrights. The “USER” is responsible for the use that he may make of said “SITES”, and the “USER” releases EMARK GROUP from all responsibility for any incorrect or malicious use that he may make of the same, or for publications, information, comments, and diverse material that may be offensive, insidious, erroneous, pornographic, or that may incite violence, rebellion, strikes, or any other activity not permitted by the law and good customs.
10. Obligations of the user
1.a) TO PROVIDE TRUE AND RELIABLE INFORMATION The “USER” is obliged to provide truthful and correct information about the ages, sex, first names or surnames of both the “USER” and the other USERS that accompany him or that commission him to use this “SITE”, as well as the data and complete information for the formation of the itinerary and the reservation of terrestrial and maritime services (hotels, visits, rental cars, cruises, etc.), releasing EMARK GROUP from any responsibility for changes of itinerary generated by badly provided data, or for any error in the data provided by the “USER” for the issuance or purchase of air tickets, adhering in its case to the cancellation clauses for air, land, sea or cruise services expressed in these Terms and Conditions.
1.b) TO RESPECT THE REGULATIONS AND CONDITIONS OF THE SERVICES ESTABLISHED BY THE DIRECT SERVICE PROVIDERS AND PROVIDERS.
The “USER” agrees to abide by and respect the regulations and conditions of service established by each of the SUPPLIERS and direct service providers contracted by the “USER” through the intermediation of the EMARK GROUP website www.emarkdmc.com , and therefore EMARK GROUP must make them aware of what is most important, however the direct service provider may make them aware of new or additional conditions of service for which EMARK GROUP has no responsibility and consequently declines any liability that could arise from their failure to comply. Likewise, the “USER” must by his own means obtain the passports or immigration documents required by the authorities of the United Mexican States, and of the countries of destination or transit, such as visas, health permits, and all those documents required by the Customs, Air, Maritime, Airport, Federal, State, Municipal and other authorities, which are necessary to carry out his trip, releasing EMARK GROUP from any problem that may arise with such authorities. In the case of international trips, the “USER” commits himself to present himself at the airports and document himself before the airlines at least THREE HOURS IN ADVANCE for international flights and TWO HOURS IN ADVANCE for national flights, except for the express written instruction that he receives from EMARK GROUP to present himself.
11. Disclaimer of responsibilities
By virtue of the fact that EMARK GROUP, through its web page www.emarkdmc.com , as a Travel Agency (Operator) by internet, provides services as a reservation agent only as an INTERMEDIARY between the “USER” and the direct SUPPLIER or SUPPLIERS of the tourist services promoted in this “SITE”. does not assume and will not assume any responsibility generated by any relationship between the “USER” and the Final Service Providers, therefore the “USER” releases EMARK GROUP from any responsibility, for any failure or lack of compliance by the PROVIDER or direct PROVIDERS of the tourist services, including without limitation any failure or compliance by the airlines, hotels, temporary accommodation PROVIDERS, shipping companies and all kinds of vessels, PROVIDERS of water sports, car rental agencies, transportation agencies, tour operators, diving instructors, snorkeling instructors, golf instructors, swimming with dolphins instructors, fishing instructors, adventure and extreme sports providers, water parks, ecological parks, and in general any failure or lack of compliance by all those tourist services that are provided directly by one or more PROVIDERS and not directly by EMARK GROUP.
In the same way, EMARK GROUP will not be responsible and the “USER” releases EMARK GROUP from all liability in respect of the veracity of the photographs shown on its “SITE”, are provided to EMARK GROUP for insertion by the direct SUPPLIERS of the services.
The star category assigned to the Hotels is based on EMARK GROUP’s interpretation and may differ from the categories reported elsewhere.
Travel service descriptions are constantly updated by the EMARK GROUP and are provided by direct service providers.
Any kind of failure by the “USER” to obtain the required documentation for their trip, stated but not limited to, passports, visas, certificates etc.
Any failure by the “USER” to follow the travel instructions including, but not limited to, airport departure times, hotel check-in and check-out dates and times, coupon redemption policies, etc.
With respect to the terms and conditions and/or policies of direct service providers. EMARK GROUP will not assume any responsibility and the “USER” hereby releases EMARK GROUP from all liability, as well as from all claims, costs, expenses or losses that the “USER” may suffer including any personal or third party injury, accident or death, damage to personal belongings, loss of fun, anger, disappointment, distress or frustration, whether mental or physical, provided that they are the result of;
Acts or omissions of any person other than EMARK GROUP or its employees.
Illness, theft, labour disputes, mechanical failure, quarantine, government action, weather, or any other cause beyond the direct control of EMARK GROUP.
Impossibility of the “CLIENT” to travel due to not having the required documents such as, but not limited to passports with at least 6 (six) months of validity after the date the trip ends, visas, personal identification, prescriptions or medical documents and certificates, health permits and all the documents required by the airport, customs, maritime and air authorities of Mexico and the countries you visit. We also inform you that some countries require that your passport must have at least two pages free of stamps or visas.
Any failure or fault on the part of the direct SUPPLIER in providing the service.
Any failure or fault on the part of the “CLIENT” at the time of enjoying the contracted services;
Any failure or fault on the part of the “CLIENT” to observe or comply with the terms and conditions, policies, instructions, recommendations, security measures, among others, of the final PROVIDERS of the service.
Cases of force majeure or fortuitous cases such as: strikes, delays, flight cancellations, earthquakes, warlike conflicts, hurricanes, snowfalls, and in general any other not attributable to EMARK GROUP.
Failure of the “CLIENT” to follow instructions, including but not limited to flight departure times, hotel check-in and check-out times and dates, and coupon redemption policies.
Any other event not under the direct control of EMARK GROUP.
Any claim or written notice against EMARK GROUP must be received no later than 30 (thirty) days after the return of your trip; The “USER” will be responsible for verifying that the final PROVIDER has special services such as access, facilities and services for people with different abilities, physical or otherwise, which is suggested to be done prior to making your reservation. The “USER” will be responsible for reading and abiding by the terms and conditions and/or policies of the final PROVIDERS of services.
The total refund will not be appropriate in situations where the trip has to be cancelled, interrupted and/or postponed by EMARK GROUP, for reasons beyond its control due to force majeure, including but not limited to weather, hurricane, earthquake, acts of terrorism, etc., and where the contractual obligations of EMARK GROUP with its SUPPLIERS do not allow it to obtain a refund of the amount paid or to be paid to the SUPPLIER on behalf of the client. In any event, at the discretion of EMARK GROUP, a 10% (ten percent) retention of the total amount paid for the reservation may be withheld by mediation and/or service charges. There is a possibility, at the time of the claim, that some prices have expired or are based on information erroneously provided by those PROVIDERS with which EMARK GROUP’s database is fed, however, EMARK GROUP takes the precaution of verifying the rates that apply with each reservation. In the event that the correct price is less than the amount quoted, EMARK GROUP will apply the lower amount. In the event that the correct price is higher than the quoted amount, your assigned Travel Consultant will promptly contact the “USER”, informing them of the correct amount or recording the cancellation of the reservation at their request for not agreeing to the price increase, in which case EMARK GROUP will refund 100% (one hundred percent) of the amount paid, expressly releasing EMARK GROUP from any liability or payment of compensation for inconvenience caused by such cancellation.
In the event that the contracted services cannot be provided partially or totally by the SUPPLIER, EMARK GROUP may only on certain occasions arrange for the reimbursement of the appropriate amount on behalf of the “USER”, with EMARK GROUP being relieved of any further liability or commitment in cases where the reimbursement for the full or remaining amount is not reimbursed by the SUPPLIER.
12. Applicable law and jurisdiction
These Terms and Conditions and any service or product sold as an INTERMEDIARY by Grupo Emark Mexico S.A. de C.V. through its site www.emarkdmc.com , shall be governed by the laws and courts of the City of Cancun, Quintana Roo. The “USER” declares that he/she is aware of the scope of this Agreement, whose Terms and Conditions are the faithful expression of his/her will and are subject to the competence of the Federal Consumer Protection Agency in the event of non-compliance or interpretation, through administrative channels, as a conciliatory body, The “USER” agrees to submit to the jurisdiction of the Laws and Courts of the City of Cancun, Quintana Roo, renouncing in turn to any other jurisdiction that by reason of their present or future domiciles or by the location of their goods or by their nationality could correspond to them.
Date of last update: this Privacy Notice was modified on January 10, 2020.