WEBSITE USAGE TERMS AND CONDITIONS WWW.MOONPALACE.COM
INTRODUCTION AND ACCEPTANCE
These Usage Terms and Conditions (hereinafter the “Terms and Conditions”) govern the use of the website www.moonpalace.com (hereinafter, the “WEBSITE”) and the electronic services offered through it.
Natural persons (hereinafter “You”, “USER” or “USERS”) who access and/or make use of the WEBSITE by viewing, browsing, consulting, transmitting information, requesting information, requesting services, receiving information, quoting services, contracting services or otherwise using or exploiting the WEBSITE or its contents, accept these Terms and Conditions and any other policy or contract identified herein or that are necessary to provide the services requested by the USER. If you do not agree with this Terms and Conditions agreement, you must leave the WEBSITE and refrain from using any of its features or services.
All expressions used in these Terms and Conditions that are not expressly defined shall be understood in accordance with their use on the Internet and in the telecommunications industry.
HOTELERA PALACE RESORTS, S. A. P. I. DE C. V. (hereinafter "MOON PALACE®") owns the WEBSITE and owns all intellectual property rights associated with it.
SUBJECT MATTER AND SCOPE OF APPLICATION
These Terms and Conditions shall apply to any action performed by a USER within the WEBSITE that allows him/her to view, navigate, consult, transmit information, request information, request services, receive information, quote services, contract services or otherwise use and exploit the WEBSITE and its contents.
The section titles used in these Terms and Conditions are for guidance only and have no legal or contractual effect. Access to the WEBSITE or the content published here may be illegal for certain individuals or in certain countries. USERS who access the WEBSITE do so at their own risk and are responsible for complying with the laws of the jurisdiction in which they are located. Failure by MOON PALACE® to exercise its rights, or delay in doing so, should not be considered as a waiver by MOON PALACE® of its right to exercise or enforce any legal measures or remedies that may correspond to a current or future right. The partial exercise of any right, action or remedy on behalf of MOON PALACE® under these Terms and Conditions shall not prevent the subsequent full exercise of the same. MOON PALACE®'s tolerance of any breach on a specific occasion will not constitute or imply acceptance or tolerance of a subsequent breach.
The WEBSITE is not intended for minors (those under the age of 18) and MOON PALACE® does not permit the use of the WEBSITE by such minors. By using the WEBSITE you acknowledge and agree that you are an adult according to the jurisdiction of your location. Parents, guardians or any adult responsible for supervising the acts of a minor shall be liable for the acts of such minor which result in damage or loss caused to MOON PALACE® by the use of this WEBSITE.
The personal data of USERS who use the WEBSITE to purchase any of the services offered by MOON PALACE® will be processed in accordance with our applicable privacy notices.
The personal data provided by the USERS will not be disseminated or transferred to other third parties outside the organization at any time and in any way, except with the express consent of the USERS or in application of the exceptions provided by the applicable regulations, which allows and orders the transfer of such personal data without the consent of the USER.
When USERS provide their cell phone number, they agree to receive text, multimedia messaging messages on their mobile phone, including messages about services and promotions. Third party entities which provide services such as text or SMS messages, or multimedia messaging messages on our behalf, may also access your personal information to provide these services. These third party entities are contractually bound to process your information in accordance with our current privacy notices. USERS may choose at any time not to receive multimedia messaging or SMS messages from us by replying to the multimedia messaging or SMS message with the word "STOP" or via an email sent to firstname.lastname@example.org
MOON PALACE® has administrative and technical security measures to prevent possible security breaches of the WEBSITE. However, MOON PALACE® cannot guarantee the absolute security of the WEBSITE against third party attacks or as a result of the lack of continuity of services provided by third parties.
DESCRIPTION OF SERVICES
Through the MOON PALACE® WEBSITE, USERS will be able to access information on:
- (I) All-inclusive travel packages (hotel only or hotel + flight).
- (II) Destinations and resorts (hotels, spas, golf, transportation, vehicle rental and excursions).
- (III) Service planning and production of weddings and MICE events (resorts, destinations, benefits, offers, religious and cultural ceremonies).
- (IV) Restaurants.
- (V) Family offers for our USERS.
- (VI) Loans to facilitate family vacation planning.
- (VII) Multimedia galleries (networks, photos, videos and virtual tour).
- (VIII) Travel Tips.
RATES AND DISCOUNTS
Rates for services available to USERS are not fixed and are subject, among other factors, to the capacity of our hotels and the travel season chosen by the USER
Our current rates, cancellation policies, booking guarantees and discounts will be published on the WEBSITE and, specifically, in the “BOOK NOW” section enabled for booking and contracting the services offered by MOON PALACE®.
Please, before making any payment, consult the links "Booking Conditions", available at all times and prior to the formalization of any reservation.
Conversion rates are based on publicly available sources and should be used only as guidelines. Room rates are guaranteed in US dollars only. Currency quotes are not updated daily. Currency information provided by this WEBSITE is considered accurate, but MOON PALACE® does not warrant such accuracy.
USERS have the right to choose the quantity and quality of the products and services provided by MOON PALACE®. However, MOON PALACE® products and services are provided "as they are currently"; therefore, such products and services are subject to availability of quantity or quality and commercial capacity, including hotel capacity and travel season rates.
INTELLECTUAL PROPERTY AND RESTRICTIONS ON USE
“GRUPO PALACE RESORTS®”, "PALACE RESORTS®", “CEDIS PALACE RESORTS®”, "MOON PALACE®", “MOON PALACE CANCUN®”, “MOON PALACE GOLF & SPA RESORT®”, “MOON PALACE GOLF ACADEMY®”, “THE GRAND AT MOON PALACE®”, "MOON PALACE NIZUC®", “MOON PALACE SUNRISE®", "COZUMEL PALACE®", "BEACH PALACE®", "SUN PALACE®", “ISLA MUJERES PALACE®”, “PLAYACAR PALACE®”, “MOON PALACE JAMAICA®”, “MOON PALACE JAMAICA'S AWE-INCLUSIVE®”, “LE BLANC SPA RESORT®”, “LE BLANC®”, “LE BLANC SPA RESORT CANCUN®”, “LE BLANC SPA RESORT LOS CABOS®”, "PALACE ELITE®", “RIVIERA CANCUN GOLF AND RESORTS®”, “PALACE PRODUCTIONS®”, “AWE SPA®”, “AWE PRINCESS BY AWE SPA®”, “PLAY ROOM®” and "WVT WORLD VACATION TRAVEL®", are trademarks reserved for products or services that are registered or are being registered before the proper authorities (henceforth the "trademarks") owned by HOTELERA PALACE RESORTS, S. A. P. I. de C. V., OPERADORA PALACE RESORTS (JA.) LTD, PALACE ELITE RESORTS, S. A. de C. V. and / or any of its subsidiaries.
MOON PALACE®, the domain www.moonpalace.com as well as the contents of the WEBSITE (texts, images, logos, videos, graphics and any other), in any format, are the property of MOON PALACE®. MOON PALACE® is a registered trademark, and its logo and registered trade name describes all affiliated companies and companies or entities related to or involved in the hospitality business worldwide
MOON PALACE® considers the compilation of links to Internet resources, the description of such resources and the information posted on the WEBSITE to be copyrighted material. USERS are not authorized to copy, physically or logically reproduce, or modify any part of the WEBSITE. The name of MOON PALACE® and its trademarks, patents and copyrighted material may not be used in advertising or advertisements without the specific prior written permission of MOON PALACE®. MOON PALACE® reserves the right to file civil, criminal or administrative actions arising out of improper or unauthorized use of this WEBSITE, including infringement of its trademarks.
The foregoing is understood except for those cases in which, in these same Terms and Conditions, in the conditions of specific services, or elsewhere on the WEBSITE, another condition is stated for a particular content or category of content.
All intellectual and Industrial property rights on the contents and/or services are reserved in favor of their respective owners, either MOON PALACE® or third parties that have granted it the appropriate authorizations.
The data and information that is originated through the WEBSITE as part of the services provided to USERS, as can be dates, reservation number, destinations, resorts, deals, credits, restaurants, wedding planning, travel tips, and/or any other information or data related to a service contracted through the WEBSITE, may be used by the USERS to the specific purposes related to that information
MOON PALACE® reserves all copyright in the content, organization, collection, information, logos, photographs, images, videos, programs, applications and, in general, any work contained or published on the WEBSITE and the other services are protected in accordance with applicable local or international intellectual property law.
To the extent that this WEBSITE provides interactive features that allow USERS to send information or data, You expressly acknowledge you may not upload, distribute or otherwise publish through the WEBSITE any content that is unlawful, libelous, defamatory, obscene, threatening, offensive, harmful, invasive of privacy or publicity rights, abusive, or otherwise objectionable and that may constitute or encourage a criminal offense or administrative action, violate the rights of any third party, or that of any other form of liability or violations of laws. When you upload, or send legal materials to MOON PALACE®, you automatically grant (or indicates that the owner of such rights has expressly granted us the rights and license perpetual, royalty-free, irrevocable and non-exclusive right to use, reproduce, modify, adapt, publish, translate, create derivative works and distribute such materials or incorporate them in any way.
MOON PALACE® does not accept unsolicited ideas about marketing, advertising or products. USERS should refrain from submitting material or ideas to the WEBSITE, including creative material of any kind. In the event that you submit material or content to this WEBSITE, any liability or damage arising from such action shall be your responsibility solely.
MOON PALACE® constantly reviews the information made available to USERS through the WEBSITE, in order to make it true, verifiable, clear and sufficient with respect to the characteristics of the services offered by MOON PALACE®.
THIRD PARTY ADVERTISING
MOON PALACE® is independent of third party sponsors or advertisers whose information, images, advertisements and other advertising or promotional material may be posted on the WEBSITE.
Links to other WEBSITES that we believe may be of interest are provided for your convenience only. Providing these links does not imply that we endorse, sponsor or recommend such sites or the materials distributed by them or the services they provide, and we are not responsible for the materials and content on any other site, related to or originating from such site.
DISCLAIMER AND LIMITATION OF LIABILITY
The USER expressly agrees to assume any risk arising from the WEBSITE. The services, content, works and other information provided through the MOON PALACE® WEBSITE are provided solely on the information contained in such WEBSITE.
In accordance with the above, the USER agrees that the use of this WEBSITE is at his/her own risk. The materials on this WEBSITE are provided "they are currently" and without warranties of any kind, whether express or implied. To the extent permitted by law applicable to your place of residence, MOON PALACE® disclaims all warranties, express or implied, including without limitation, implied warranties of merchantability and fitness for a particular purpose. MOON PALACE® does not warrant that the functions contained in the materials will be performed without interruption or error, that defects will be corrected, or that this WEBSITE or the server that makes it available is free of viruses or other harmful components. MOON PALACE® does not warrant or make any representations or warranties regarding the use or results of the use of the materials on this WEBSITE in terms of their accuracy, precision, reliability or other aspects. You (and not MOON PALACE®) assume the full cost of all services, repairs or corrections required to provide them. The law of your country of residence may not accept the exclusion of implied warranties, so the above exclusion may not apply to you.
MOON PALACE® cannot guarantee to USERS that the WEBSITE, content, works and information meets the requirements or expectations of the USER, nor can it guarantee the results obtained from the use of the WEBSITE, nor the accuracy or reliability of the information obtained through it, on the understanding that the content of the WEBSITE and the rates published therein are constantly updated.
Under no circumstances, including negligence, will MOON PALACE® be liable for direct, indirect, punitive, special or consequential damages, or strict liability for moral damages resulting from the use, or inability to use, the materials and content on this WEBSITE, even if MOON PALACE® or an authorized representative of MOON PALACE® has been advised of the possibility of such damages. The applicable law of your place of residence may not permit the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall MOON PALACE®'s total liability to you for damages, losses or other causes of action, whether under contract, tort agreement (including but not limited to negligence) or other source of liability, exceed the amount paid by you, if any, for the purchase of services offered on this WEBSITE.
MODIFICATIONS TO THE WEBSITE
MOON PALACE® may at any time and when it deems fit, under its sole discretion, make corrections, additions, enhancements or modifications to the content, presentation, information, services and other elements of the WEBSITE without this place, nor entitled to any claim or compensation, or implying recognition of any responsibility to the USER.
CHANGES TO THE TERMS AND CONDITIONS
MOON PALACE® may modify, update, extend or otherwise change the content and scope of these Terms and Conditions at any time and in its sole discretion. In these cases we will post the changes on the WEBSITE.
The version published on the WEBSITE shall be deemed to be the latest version in effect of these Terms and Conditions; USERS shall be diligent to ensure that they are aware of the latest version thereof.
Therefore, USERS should periodically review these Terms and Conditions in order to keep abreast of any changes whose notice they have not previously responded to. Notwithstanding the foregoing, each time the USER accesses the WEBSITE he/she will be deemed to accept the latest version of these Terms and Conditions.
APPLICABLE LAW AND JURISDICTION
MOON PALACE® controls and operates this WEBSITE from its offices in the state of Quintana Roo, United Mexican States. PALACE RESORTS® does not warrant that the materials on this WEBSITE are appropriate or available for use in other locations. These Terms and Conditions shall be governed by and construed in accordance with the laws in force and applicable in the state of Quintana Roo, United Mexican States, without application of conflict of laws principles or legislation, and you agree to this by using this WEBSITE.
Any dispute arising out of or relating to this WEBSITE shall be governed by, construed and executed in the courts of the city of Cancun, State of Quintana Roo, United Mexican States. The USER expressly waives any other jurisdiction or forum that may apply to him/her by reason of his/her domicile, present or future, or for any other reason. If any provision of these Terms and Conditions is declared void, it shall be deemed severable from these Terms and Conditions and shall not affect the validity or enforceability of the remaining provisions.
COMPLAINTS AND CLAIMS
If you have any questions, complaints, comments or complaints regarding the Terms and Conditions or about the services provided by MOON PALACE®, including costs, payment methods, refund and refund mechanisms, payment terms and/or billing, you can inform us through the following means of contact:
HOTELERA PALACE RESORTS, S. A. P. I. DE C. V.
Km 21 Carretera Cancun-Pto. Morelos
Opposite Moon Palace Golf & Spa Resort
Postal Code 77500 Cancun, Q. Gnaw
Telephone No.: +52 (998) 193 20 10