Terms and conditions

BANZAI.TRAVEL

Terms of use

AGREEMENT BETWEEN THE USER AND BANZAI.TRAVEL

 

1.GENERAL

Welcome to the BANZAI.TRAVEL website (the "Site"). The terms "we", "us", "our", "BANZAI.TRAVEL" and "PEVAL ALL ADVENTURES SA DE CV" refer to PEVAL ALL ADVENTURES SA DE CV., 35 Ocotillo, Brisas del Pacifico, CP 23473, Cabo San Lucas, Baja California Sur, Mexico, a public limited company with variable capital under Mexican law. Access to our website / application BANZAI.TRAVEL, or any other feature or other BANZAI.TRAVEL platform (collectively the "Platform") from any computer, mobile or tablet, is offered to you conditioned on acceptance without exception of all terms, conditions and notices set forth below (collectively, the "Conditions"). Please read these Conditions carefully, as they contain important information about liability limitations and conflict resolution through arbitration rather than in court. You must also read our Privacy Policy, which also governs your use of our platform, and is incorporated by reference in these terms. By accessing or using our platform, or contacting our support center, you accept that these current Terms will apply. If you do not agree with the terms, please do not use or access our platform or contact our support center. info@banzai.travel

 

2.OUR SERVICES

BANZAI.TRAVEL is a reservation platform that provides users with options of activities in different locations and with a wide variety of prices which allows the user to choose the activities and suppliers to their liking. If you choose to use BANZAI.TRAVEL, the reservation is made directly with the provider of the activity through our platform, the activities have a broad description as well as the provider including photos and video.

 

When you make a reservation through BANZAI.TRAVEL, our platform acts as a single user interface, our platform sends an automatic confirmation with a unique number to both the user and the provider of the activity and the reservation will be valid when the provider confirms the reservation.

The contract for the corresponding reservation will be made between the user and the provider of the activity. BANZAI.TRAVEL has no responsibility for the reservation, options or activities, BANZAI.TRAVEL does not have any participation in the creation of the description of the indicated activities, in the definition of prices and rates, nor in the provision of the activity options you reserve. If you have any problem or controversy surrounding your reservation and / or activity options, you agree to address and resolve these with the activity provider and not with us.

BANZAI.TRAVEL does not provide, own or control any of the services of the activities and products that can be accessed through our platform (the "Activities"). The options of the activities are owned, controlled or made available by third parties (the "Activity Providers"), either directly (for example, a provider) or through a concierge hotel reservation facilitator (for example, a concierge at a hotel reception). The activity providers are responsible for the activity options.

The terms and privacy policies of the Activity Providers apply to your reservation, so you must agree to it, and understand those terms. In addition, the reserved activity terms and security adviser rules, if different from the Activity provider, will also apply to your booking, so you must also accept and understand those terms. Your interaction with any type of activity or Provider that accesses through our platform is at your own risk, and BANZAI.TRAVEL has no responsibility if something goes wrong with your reservation. BANZAI.TRAVEL has no control over the activity options or Activity Providers.

BANZAI.TRAVEL is in no way responsible for the accuracy, quality, integrity, reliability, security, punctuality or reliability of the content, and BANZAI.TRAVEL has no influence on the content. In particular, the content of the provider is not guaranteed, the prices reflected in it, are updated in real time. As a result, the price shown by Activity Suppliers corresponds to that shown on our platform.

3. The use of the Platform

·      As a condition for the use of our platform, you guarantee that:

·      Be 18 years of age;

 

·      It has the legal authority to create a binding legal obligation;

·      You will use the platform in accordance with these Terms;

·      It will only use this platform for its private use in the search of legitimate activities;

 

You will inform those other people about the terms that apply to the records, and / or reservations you have made on your behalf, including all the rules and restrictions applicable to them;

All the information provided by you to our platform is true, accurate, updated and complete; and if you have a BANZAI.TRAVEL account, you will safeguard your account information, supervise and be fully responsible for any use of your account by you and no one other than you.

We reserve the right in our discretion to deny access to anyone on our platform and the services we offer, at any time and for any reason, including, but not limited to, the violation of these Terms.

The activities and options presented in the platform appear in Pesos Mexicanos in the Spanish version and in the English version in USD.

Our currency conversion is for informational purposes only and is updated according to the current exchange rate and defined in the platform.

The prices shown include the value added tax applicable in the locality.

4. Prohibited activities

The content and information about our Platform (including, but not limited to, the price and availability of Activities, as well as the infrastructure used to provide such content and information, is owned by us or our suppliers. limited copies of your itinerary (and related documents) for activities reserved through our platform, which you agree not to modify, copy, distribute, transmit, display, execute, reproduce, publish, license, create derivative works of, transfer or sell or resell any information, software, products or services obtained through this platform.

In addition, you agree to NO:

·      use our platform or its content for commercial purposes;

·      make any speculative, false or fraudulent reservation or any reservation in anticipation of the claim;

·      to have access to control or copy any content or information of our platform through any robot, spider, scraper or other automated means or manual processes for any purpose, without our express written permission;

·      violate the restrictions of any robot exclusion header on our Platform or avoid or circumvent other measures used to prevent or limit access to our platform;

·      take any action that imposes or may impose, in our opinion, an unreasonable or disproportionately large load on our infrastructure;

·      create a deep link to any part of our Platform (including, without limitation, the purchase route for any Options activity) for any purpose, without our express written permission; or "frame", "mirror" or incorporate any part of our platform in any other website without our prior written authorization.

 

If your activity on our platform shows signs of fraud, abuse or suspicious activity, BANZAI.TRAVEL may deny your services to you, and close all BANZAI.TRAVEL associated accounts. If you have carried out any fraudulent activity, BANZAI.TRAVEL reserves the right to take any necessary legal action and may be liable for the monetary losses to BANZAI.TRAVEL, including the costs of litigation and damages.

To dispute the cancellation of a reservation or the freezing or closing of an account, please contact BANZAI.TRAVEL customer service at info@banzai.travel

 

5. Links to third-party sites

Our platform may contain links to websites operated by third parties other than BANZAI.TRAVEL. Such links are provided only for your reference. We have no control over such websites and are not responsible for their content or the privacy or other practices of such websites. In addition, it is up to you to take precautions to ensure that the links you select or the downloaded software (whether from our Platform or from other websites) are free of items such as viruses, worms, Trojans, defects and other items of a destructive nature. The inclusion of hyperlinks to other websites does not imply any endorsement of the material on such websites, nor any association with its operators.

 

6. Intimacy

BANZAI.TRAVEL believes in the protection of your privacy. Please click here to review our privacy policy, which also governs the use of the platform and as indicated above, is incorporated as a reference, to understand our practices: Privacy Policy.

 

7. Our responsibility is limited

BANZAI.TRAVEL is not responsible for the suitability of the content that appears on our platform for any purpose. The visualization in our Platform of options of activities or any content does not imply, suggest or constitute in any way a recommendation by BANZAI.TRAVEL of the options of activities or of that content, or any sponsorship or approval of said options of activities or said content by such activity providers or any affiliation between said activity providers and BANZAI.TRAVEL.

All content and any other information provided on our platform are provided "as is" without warranty of any kind. BANZAI.TRAVEL guarantees that this Platform, its servers or any email sent from BANZAI.TRAVEL are free of viruses or other harmful components.

The activity providers are independent of BANZAI.TRAVEL and are not agents or employees of BANZAI.TRAVEL.

BANZAI.TRAVEL is not responsible for the acts, errors, omissions, representations, guarantees, breaches or negligence of any of the Suppliers of activities, including injuries, death, property damage or other damages or expenses resulting from them.

BANZAI.TRAVEL will not be responsible for any cancellation, overbooking, strike, force majeure or other causes beyond its direct control.

BANZAI.TRAVEL does not accept responsibility for uninterrupted access to our platform and can carry out technical work or maintenance on the platform at any time.

In no case BANZAI.TRAVEL is responsible for direct, indirect, punitive, incidental, special or consequential damages that arise from, or related in any way with, its access, visualization of use of this platform or with the delay or impossibility of access, display or use this Platform (including, but not limited to, its dependence on the opinions that appear on this platform, any computer viruses, information, software, linked sites, products and services obtained through this platform, or otherwise it arises from access to, or visualization of use of this platform) either based on a theory of negligence, contract, tort, strict liability, consumer protection laws, or not, and even if BANZAI .TRAVEL has been warned of the possibility of such damages.

If, despite the foregoing limitation, BANZAI.TRAVEL is liable for any loss or damage arising from, or in any manner connected with, any of the events described above, the liability of BANZAI.TRAVEL will be solely for the amount reserved. or through the platform and previously agreed with the provider of the Activity. The limitation of liability reflects the distribution of risk between the parties.

8. Conflict resolution

BANZAI.TRAVEL is committed to customer satisfaction, so, if you have a problem or dispute, we will try to resolve your doubts. But if we do not succeed, it is possible to file demands as explained in this section.

You agree to give an opportunity to resolve any dispute or claim related in any way to the platform, any dealings with our customer service agents, any of the services or products offered, the allegations presented by us, or our privacy policy ("Claims") by contacting the BANZAI.TRAVEL Customer Service Center here. If we are unable to resolve claims within 60 days, you can seek relief through arbitration or in local courts.

10. BANZAI.TRAVEL hosts content, including prices, images and other information, made available by or obtained from the activity providers ("Supplier Content"), as well as the content provided by users, such as comments, Images and other information ("User Content" and together with the content of the provider, the "content").

 

We need certain permits from you to provide our services:

 

The permission to use the content that you create and share: It is the content of the owner that creates and shares in BANZAI.TRAVEL and the other BANZAI.TRAVEL product that it uses, and nothing in these Terms removes the rights it has to its own content. You are free to share content with any other person, wherever you want, to provide our services, however, we need you to provide us with some legal permission to use that content.

In particular, when you share, post, or upload content protected by intellectual property rights (such as photos or videos) on or in connection with our products, you grant us a non-exclusive, transferable, sublicensed, royalty-free license, and throughout the world, license to host, use, distribute, modify, execute, copy, execute or publicly display, translate and create derivative works of its content (in accordance with your privacy and request for Configuration). This means, for example, that if a photo is shared in BANZAI.TRAVEL, it gives us permission to store, copy and share with others (again, in line with the configuration), such as the service providers that support our service or another BANZAI.TRAVEL product you use.

You may terminate this license at any time by deleting your content or account. You should know that, for technical reasons, the content that is deleted may persist for a limited period of time in backup copies (although it will not be visible to other users). In addition, although the content is deleted, it may still appear if it has been shared with others and has not been removed from it.

1. Permission to use your name, profile picture, and information about your actions with ads and sponsored content: You give us permission to use your name and profile picture and information about the actions you have taken at BANZAI.TRAVEL to side of or in connection with the advertisements, offers and other sponsored content that we display through our products, without any compensation for you. For example, we can show your friends that you are interested in an advertised event or if you liked a page created by a brand that has paid us to show your ads in BANZAI.TRAVEL. Ads of this type can only be seen by people who have their permission to see the actions they have taken at BANZAI.TRAVEL.

2. Permission to update the software you use or download: If you download or use our software, you give us permission to download and install updates, enhancements and additional features to improve, reinforce and further develop it.

 

11. Limits on the use of our intellectual property

If you use the content protected by intellectual property rights that we have and make available to our products (for example, images, designs, videos or sounds that we provide, which is added to the content that you create or share in BANZAI.TRAVEL), we reserve all rights to that content (but not yours). You may only use our copyrights or trademarks (or any similar trademarks) as expressly permitted by our Brand Use Instructions or with our prior written permission. You must obtain our written permission (or permission under an open source license) to modify, create derivative works, decompile or attempt to extract the source code from us.

 

12. Additional terms

These General Conditions are governed by the Federal Consumer Law and the local courts corresponding to the City of Cabo San Lucas, BCS, Mexico.

for searches or reservations made by residents of the United States, it will be governed by the United States Federal Arbitration Law and International Arbitration, corresponding to the laws of the state in which it resides, without taking into account the principles of conflict of laws The use of our platform is not authorized in any jurisdiction that does not enforce all the provisions of these terms, including, without limitation, this paragraph.

Nuestros Términos está sujetos a las leyes vigentes y al proceso legal, y nada contenido en estas Condiciones limita nuestro derecho de cumplir con la ley u otras peticiones o solicitudes relativas al uso de nuestra Plataforma.