Terms and Conditions
TERMS AND CONDITIONS OF USE OF SOFTWARE THROUGH DIGITAL PLATFORM OR WEB APPLICATION.
These present Terms and Conditions of use ("Terms") constitute a binding legal contract between GURUHOTEL, S.A.P.I. de C.V., its subsidiaries and/or affiliates, and/or related parties ("GURUHOTEL"), with registered address at Calle Bernia Lote 01 MZA 70, Colonia Andara, Chetumal, Quintana Roo, ZIP Code 77014 (the "Address"), website www.guruhotel.com (the "Site"), and contact email firstname.lastname@example.org (the "Email"), who is the rightful owner or authorized to market the website, software, applications, and other offerings provided by "GURUHOTEL" (collectively, the "Platform"), and the individuals or legal entities using it.
The use of the "Platform" by any individual or legal entity grants them the status of a customer of "GURUHOTEL" (the "Client"), and this implies full and unconditional adherence to these "Terms." By accepting these "Terms," access to and use of the "Platform" and the "Services" are governed, establishing a contractual relationship between "GURUHOTEL" and the "Client." If the "Client" does not accept these Terms and Conditions, they will not be able to access or use the "Platform."
The "Platform" is an online site that allows users ("Member Hotels") to, among other things, advertise, offer, and efficiently sell their properties' room inventory ("Hotels") as well as create an optimized website for hotel reservation management ("Accommodations") and other products, services, and value-added travel experiences ("Travel Experiences"). Additionally, the "Platform" allows users ("Guests") to search for and reserve ("Accommodations") and ("Travel Experiences"). All information about "Hotels," "Accommodations," and "Travel Experiences" is provided by "Member Hotels" or individuals directly or indirectly related to them (the "Contents"). Therefore, "GURUHOTEL" merely facilitates the business relationship between "Member Hotels" and "Guests."
As a facilitator of the business relationship between "Member Hotels" and "Guests," "GURUHOTEL" bears no responsibility regarding "Hotels," "Accommodations," and "Travel Experiences," or the fulfillment of the commercial relationship between them. "GURUHOTEL" is not an owner, agent, distributor, or any type of marketer for the "Hotels," "Accommodations," and "Travel Experiences" advertised and sold.
2.- Terms for "Member Hotels"
These terms are established to regulate the services and use of the "Platform" that "GURUHOTEL" provides to "Member Hotels" through the contractual relationship. Accordingly, "GURUHOTEL" may provide "Member Hotels" through the "Platform" with the provision of services, including, but not limited to: 1) Hotel Website; 2) Hotel Manager; 3) Guest Dashboard; and 4) Checkout, (the "Services"), all hosted in the cloud (cloud meaning data and application processing and storage space on physical servers located in a Data Center), through the use of digital electronic devices, such as computers, smartphones, tablets, etc.
Recognizing that the results obtained from the use of the "Platform" depend directly on the accuracy of information provided by "Member Hotels" and that the "Platform" itself is a tool for analyzing such information, "GURUHOTEL" does not guarantee the effective resolution of all needs of all "Member Hotels." Therefore, "Member Hotels" agree to comply with all procedures indicated by "GURUHOTEL," as well as all provisions prescribed by law. In turn, "GURUHOTEL" commits to respecting and enforcing the rights of "Member Hotels" and their "Guests," as well as using the collected information for this purpose correctly.
3.- Website Launch Process.
To start using the "Services" offered by "GURUHOTEL," "Member Hotels" must register an account, providing certain information related to their "Hotel," such as name, address, phone number, URL of their current site, number of rooms, description of the hotel, and the submission of photographs. "Member Hotels" must ensure that all information entered into the account is truthful and accurate. As a facilitator of the "Platform," "GURUHOTEL" does not own, control, offer, or manage any of the ads and offerings of "Member Hotels." "GURUHOTEL" is not a party to contracts directly entered into between "Member Hotels" and "Guests"; it only facilitates the business operation and manages and processes payments received for "Accommodations."
If you register your "Hotel" with "GURUHOTEL" as a company, organization, or other legal entity, you must declare and guarantee that you have the authority to legally bind such entity and grant us all the permissions and licenses specified in these Terms. You may not register the same "Hotel" more than once unless authorized by "GURUHOTEL." "Member Hotels" cannot assign or transfer their "Hotel" to another "Member Hotel" without the consent of both parties, and unless authorized by "GURUHOTEL." A "Hotel" can only be associated with one "Member Hotel." A "Member Hotel" may have multiple subscribed "Hotels."
"Member Hotels" will grant temporary access to the registrar account containing the official domain of the "Hotel" to allow "GURUHOTEL" to perform necessary linking and activation configurations for its "Platform," including website and/or checkout (booking engine) setup at the registration stage. "Member Hotels" can revoke the access granted to "GURUHOTEL" subsequently.
Additionally, the domain provided by "Member Hotels" must match the one used in the official Google My Business profile and must be linked to the official social media of the "Member Hotels."
"Member Hotels" accept that the provided domain will be the sole official domain for direct or official bookings.
4.- Additional Documentation.
"GURUHOTEL" may, at its sole discretion, request additional documentation from "Member Hotels," such as photos, images, videos, graphics, audio files, passwords, written content, official identifications, legal documents, tax information, and other physical or digital material ("Additional Documentation") to validate their relationship with the subscribed "Hotel" and provide them with the Services.
"Member Hotels" guarantee that they have the authority and rights over the content and information shared with "GURUHOTEL" at the time of registering their "Hotel." "Member Hotels" are solely responsible for all "Additional Documentation" made available to "GURUHOTEL." Accordingly, they declare and warrant that: (i) they are the sole and exclusive owners of all "Additional Documentation" provided to "GURUHOTEL" or have all the necessary rights, licenses, consents, and waivers to grant "GURUHOTEL" rights in and to such "Additional Documentation" as contemplated in these Terms; and (ii) neither the "Additional Documentation" nor its publication, uploading, dissemination, sending, or transmission of the "Additional Documentation," nor "GURUHOTEL's" use of the "Additional Documentation" (or any part thereof) as contemplated in these terms will violate, misappropriate, or infringe on any third party's patent rights, copyrights, trademark rights, trade secret rights, moral rights, or other private or intellectual property rights, nor violate the privacy or personality protection rights of third parties, nor result in any breach of applicable laws or regulations.
5.- Description of "Hotels," "Accommodations," and "Travel Experiences."
"Member Hotels" are responsible for ensuring that their "Hotels," "Accommodations," and "Travel Experiences" are accurately represented in the shared ads and agree to cease using the same in or through "GURUHOTEL's" online Services if they are no longer accurately represented. "Member Hotels" acknowledge and agree that "GURUHOTEL" will have the right to use any of the Images shared for advertising, marketing, and/or any other commercial purpose on all types of media or platforms, without further notice or compensation. In the event that "GURUHOTEL" is not the exclusive owner of the shared Images, by using such shared Images with "GURUHOTEL," you grant "GURUHOTEL" an exclusive, international, royalty-free, irrevocable, perpetual (or valid during the protection), sublicensable, and transferable license to use such shared Images for advertising, marketing, and/or any other commercial purpose on all types of media or platforms, either in connection with your accommodation or otherwise, without further notice or compensation to you.
"GURUHOTEL" may request "Member Hotels" to share Images of their "Hotel" for promotional purposes on "GURUHOTEL's" online Services.
"Member Hotels" are solely responsible for the ads they offer and promote on "GURUHOTEL's" online Platform. "GURUHOTEL" is not and will not become a party or participant in any contractual relationship between "Member Hotels" and "Guests," does not own, create, supply, control, manage, offer, deliver, or provide any services advertised by "Member Hotels," nor does it act as a real estate or insurance agent. "GURUHOTEL" does not act as a dispute resolution or claims mediator between "Member Hotels" and "Guests," except as provided in the Payment Terms.
6.- Use of the Website
Once your account is created, your website will be generated, and you can proceed with the entire site optimization process and have access to all Services.
"GURUHOTEL" will establish the appearance of your website with a "GURUHOTEL" design template ("Theme"). The Intellectual Property rights of the "Theme" will belong to "GURUHOTEL." Technical support for a "Theme" is the responsibility of "GURUHOTEL," and we do not accept any intervention from third parties or "Member Hotels."
"GURUHOTEL" may modify the "Theme" to adapt it to your website, as well as make modifications reflecting technical changes and updates as needed, at "GURUHOTEL's" sole discretion.
A "Member Hotel" may not transfer or sell a "Theme" from "GURUHOTEL." As a "Member Hotel," you agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the "Theme," the use of the Services, or access to the Services without the express written permission of "GURUHOTEL." Likewise, you understand and agree that we may take legal action against you if you fail to comply with these conditions.
Derived from these "Terms," with which "Member Hotels" agree and accept, "GURUHOTEL" authorizes and grants "Member Hotels" the use and enjoyment of 1 (one) license to use the "Platform" for corporate use, which includes the possibility of registering and accessing users, as chosen by "Member Hotels" in the Contract (the "Users"). This grant is made on an "as is" basis, temporary, in a non-exclusive, revocable manner, for internal use, non-commercializable, and non-sublicensable, with the following main functionalities: [Please provide the functionalities mentioned in the original text.]
A web module that allows "Member Hotels" to connect with all hotel logistics, created to be ultra-fast, position, and convert.
A web module that allows you to customize the design of your website, manage your reservations, download financial reports, and create financial strategies.
A module that allows your guests to manage their reservation online, perform web check-ins, and add extra services during their stay.
Enables you to create a unique room and extra services purchasing experience.
7.- Offering Accommodations and Travel Experiences.
As "Member Hotels" and as part of the contracted "Services," "GURUHOTEL" grants you the right to use the "Platform" to quickly and efficiently offer and sell the room inventory of your "Hotels," advertise and manage your "Accommodations," and "Travel Experiences" to the entire community of "Guests."
"Member Hotels" will have control over the price, availability, policies, and rules for each of their "Accommodations" and "Travel Experiences."
"GURUHOTEL" does not intervene or charge commissions for reservations generated through Online Travel Agencies (OTA) such as Booking, Expedia, etc. Therefore, there is no relationship or interference with these agencies.
"Member Hotels" commit to providing, at a minimum, equal rate and availability conditions compared to online agencies like Booking, Expedia, Despegar, or PriceTravel.
8.- Contracting with Guests.
When "Member Hotels" accept a request for "Accommodation" or receive a confirmation of "Accommodation" through the "Platform," they are entering into a contract directly with the "Guest," and "Member Hotels" are responsible for delivering their "Services" under the terms and at the price specified in their offering.
"Member Hotels" are responsible for their own acts and omissions and are also responsible for the acts and omissions of anyone they allow to participate in the provision of their "Services." "Member Hotels" are responsible for setting the price, availability, terms and conditions, policies, rules, and requirements of their offerings. They must describe all charges and fees for their "Accommodations" in the description, and they cannot charge any additional fee outside the "Platform," except as expressly authorized.
10.- Cancellations, Refunds, and Reservation Modifications.
Cancellation of "Accommodations". "Member Hotels" should not cancel on a "Guest" without a valid reason according to the Cancellation Policy or applicable provisions. If a "Member Hotel" cancels on a "Guest," they must issue the corresponding refund.
If: (i) a "Guest" experiences a Travel Issue, (ii) there is a Force Majeure Event, or (iii) they cancel a reservation according to the established Terms, the amount payable to "Member Hotels" will be reduced by the amount refunded or provided to the "Guest" and any other reasonable costs incurred by "GURUHOTEL" as a result of the cancellation. If a "Guest" receives a refund after "Member Hotels" have received payment, or if the amount of the refund and other expenses incurred by "GURUHOTEL" exceed the amount paid to "Member Hotels," "GURUHOTEL" may recover it from "Member Hotels," including offsetting the refund against their future payments as "Member Hotels." You agree that the herein provided and "GURUHOTEL's" Refund Policy and these Terms establish the Cancellation Policy you implemented in situations where you are allowed to cancel a reservation or issue refunds to "Guests." If a refund to a "Guest" is reasonably expected under one of the aforementioned policies, the sending of any corresponding payment for that reservation may be delayed until a decision on the refund is made.
Reservation Modifications. "Member Hotels" are responsible for any modifications to reservations of "Accommodations" and "Travel Experiences" made through the "Platform" and accept any responsibility towards the "Guest."
11.- Tech Plan or Plus Plan Categories (formerly Expert Plan)
To be part of the Tech Plan or Plus Plan (formerly Expert Plan), "Member Hotels" will pay the applicable fees for their subscription to the Services, which will be visible at all times on the "Platform," including any other applicable fees, such as sales fees and transaction fees explained in the Payment Processing Terms.
12.- Service Cost and Payment Methods
Starting from July 1st, 2023, we will implement a significant change in our billing policy. There will be an adjustment in the currency type for payment of your invoices, which will now be in the Mexican peso currency + VAT, with the corresponding invoice issued for all properties in Mexican territory.
Additionally, due to an increase in our technology provider's costs, it will be necessary to implement an 8% increase in the cost of GuruHotel's subscription for Connectivity or Plus (formerly GuruHotel Expert), starting from the next billing cycle.
We want to assure you that this adjustment will allow us to continue offering you the best experience and access to the best technologies in the market. Starting from that date, invoices for Tech Plan or Plus Plan (formerly Expert Plan) will be automatically charged by subscribing a credit card or deducting them from the reservations generated on the hotel's website when applicable. This procedure will be reflected through discounts applied in the reconciliation of payment for dormant reservations.
"Member Hotels" agree to keep an active credit card for automatic charges related to the subscription or, otherwise, stay current with their payments through electronic transfer. "GURUHOTEL" reserves the right to modify the prices and payment methods or alternatives to cover the subscription cost.
In case "Member Hotels" incur in payment default for a period equal to or greater than 60 days or the equivalent of two billing cycles, and if the amount owed cannot be covered with the income generated by dormant reservations, "GURUHOTEL" reserves the right to suspend access and/or terminate the technological tools as well as terminate the collaboration agreement with the "Member Hotels."
"GURUHOTEL" may charge a "Commission" to "Member Hotels" for using the "Platform." If applicable, the "Commission" will be equivalent to 5% plus VAT of the total value of the reservation for "Accommodations" and/or "Travel Experiences" sold through the "Platform" and/or check-out. This "Commission" will apply to effective reservations, as well as to cancellations and no-shows where a penalty is applicable to the "Guest." The "Commission" is fixed and non-refundable unless stated otherwise.
"GURUHOTEL" reserves the right to modify the "Commission" amount at any time and will notify the "Member Hotels" of any changes before they take effect. Changes in the "Commission" will not affect "Accommodations" and/or "Travel Experiences" made before the change takes effect.
"Member Hotels" agree to activate on-site and prepayment payment methods and participate in the current payment methods when appropriate to encourage conversion through the website.
"Member Hotels" authorize "GURUHOTEL" to withhold and/or debit from the funds received from existing and/or future payment processing services and/or from the bank accounts registered on the "Platform" to settle the corresponding "Commission" or any other debt that may arise.
"GURUHOTEL" will collect the "Commission" using any valid payment method authorized by the "Member Hotels" ("Authorized Payment Method"), and "GURUHOTEL" will continue to charge the Authorized Payment Method for the applicable fees until the Services are canceled, and all outstanding fees have been paid.
13.- Payment Service
"GURUHOTEL" offers payment services to "Member Hotels" that publish, offer, and reserve "Accommodations" and "Travel Experiences" through the Platform. Such payment services may include (where available) the following (collectively, "Payment Services"):
Collect payments from "Guests" ("Payment") using the payment method associated with their account on the Platform, such as credit card, debit card, bank account, or PayPal account ("Payment Method").
Make payments to "Member Hotels" ("Payout") to a financial instrument associated with their account on the Platform, such as a PayPal account, bank account, prepaid card, or debit card ("Payout Method") through bank transfer.
"Member Hotels" will receive the "Payment" for "Accommodations" and "Travel Experiences" sold during the previous week on Mondays through interbank transfer. This payment will be equal to the total of the reservations for "Accommodations" and/or "Travel Experiences" sold through the "Platform" and/or check-out, minus the "Commission" and the transaction costs associated with the provision of the Services.
The payment processing will have a fixed transaction cost of 4% for all our payment methods (PayPal, Apple Pay, Stripe, Mercado Pago).
Payment Disbursement Update:
Starting from August 1st, 2023, there will be a modification in the schedule for the payment disbursement of prepaid reservations.
We will continue to process payments on a weekly basis. However, from the mentioned date, payments will be processed 30 days after the week of the reservations (NET 30), instead of the following Monday after the previous week (NET 0 and NET 7).
For the week from Monday, July 3rd, to July 9th, 2023, the payment will be made on Monday, August 7th, 2023, and so on.
Week of July 10th to July 16th, 2023, will be paid on August 14th.
Week of July 17th to July 23rd, 2023, will be paid on August 21st.
Week of July 24th to July 31st, 2023, will be paid on August 28th.
This modification is necessary due to a recent change in the policies of Stripe, our payment provider, which involves a 30-day retention period.
This measure impacts the payment flow and is being implemented across the travel industry due to cancellations, refunds, and chargebacks that are inherent in the nature of the travel industry.
If you would like to learn more about the "reserves" that Stripe applies, you can refer to the following link: **https://support.stripe.com/questions/reserves-frequently-asked-questions?locale=es-419**
14.- Minimum Production Fees
"Member Hotels" must generate a minimum production of $1,000.00 USD (or its equivalent in local currency) in GBV to be eligible for the no monthly fixed cost model.
"GURUHOTEL" will charge the Fees through credit card, debit card, PayPal, electronic transfer, or any valid payment method authorized by the "Member Hotels," and "GURUHOTEL" will continue charging the Authorized Payment Method for the applicable fees until the Services are canceled, and all outstanding fees have been paid.
The production fees are paid in advance and will be charged in intervals of 30 days (each of these dates, a "Billing Date").
If we are unable to process the payment of the Fees using an Authorized Payment Method, "GURUHOTEL" will make a second attempt to process the payment using any Authorized Payment Method five days later. If the second attempt is unsuccessful, we will make a final attempt five days after the second attempt. If our final attempt is unsuccessful, we may suspend and revoke the Services. Your account will be reactivated upon payment of any outstanding fees, plus the applicable fees for your next billing cycle.
"GURUHOTEL" reserves the right to link the domain of hotels that generate less than $1,000 USD (or its equivalent in local currency) in GBV to their Expedia-connected website product. This measure has the main benefit of being free of a fixed cost. If the "Member Hotels" wish to continue under the direct sales model and generate less than $1,000 USD GBV (or its equivalent in local currency), a fixed monthly payment of $50.00 USD or 940.00 MXN + VAT will apply for the use of the platform and support agent.
15.- Support Agents
"GURUHOTEL" may make a Support Agent service available to "Member Hotels," who, based on data analysis and using technological tools, will provide recommendations to optimize the website and pricing strategy, which can be replicated, if desired, across the rest of their online distribution on the Platform.
"Member Hotels" with the monthly fixed payment service will be assisted by a customer support agent through the ticket module available on the "GURUHOTEL" Platform.
"GURUHOTEL" reserves the right to exempt "Member Hotels" from the platform usage cost during stabilization (ramping) and those with a monthly production exceeding $1,000 USD in GBV.
In all cases, "GURUHOTEL" will issue the corresponding invoice for its services in accordance with the tax information provided by the "Member Hotels" or registered in their account.
Use and Access to the Platform. To access the "Services," it is necessary to be of legal age and provide the required information to create an account, so it is the responsibility of the "Member Hotels" and "Guests" to maintain truthful, accurate, updated, and available information. Failure to update your account will result in the inability to access and use the Services, as well as the suspension or cancellation of the account.
Inaccuracies in the Platform. The content of the "Platform" and/or the provided "Services" may contain inaccuracies and/or typographical errors. "GURUHOTEL" does not guarantee the accuracy of the content and reserves the right, at its sole discretion, to correct any errors or omissions in any part of the "Platform" and/or the "Services" and to make any changes in features, functionality, or content at any time. "GURUHOTEL," as well as any person related and/or affiliated with "GURUHOTEL," including, without limitation, directors, officers, representatives, administrators, employees, shareholders, and/or agents, present or former, or allies, shall not be liable for errors or omissions in the contents of the Platform.
Platform permanency. "Member Hotels" are solely responsible to "GURUHOTEL" and any third party for their conduct when accessing, consulting, and providing information on the "Platform" and the consequences that may arise from the use, for unlawful purposes or contrary to the purpose of the "Platform," its content, whether or not produced by "GURUHOTEL," published or not under its name officially; as well as those consequences that may arise from the use contrary to the content of these Terms that may be harmful to the interests or rights of third parties or that in any way may damage, disable or impair the Platform and prevent the normal enjoyment of other users.
Responsibility regarding Contents. "GURUHOTEL" assumes no responsibility derived, including but not limited to: (i) the use that "Member Hotels" may make of the materials on this "Platform," or of the Contents, or of the linked websites, whether prohibited or allowed, in violation of intellectual property rights and/or industrial contents of the web or third parties; (ii) any damages that "Member Hotels" may suffer due to normal or abnormal operation of search tools, organization, or location of Contents and/or access to the Platform, and, in general, errors or problems generated in the development or implementation of technical elements that the Platform provides to the Members; (iii) the contents of those pages that "Member Hotels" may access from links included on the Platform, whether authorized or not; (iv) the acts or omissions of third parties, regardless of the relationship that such third parties may have with "GURUHOTEL"; (v) the access of minors to the Contents, as well as the sending of personal information that they may perform; (vi) communications or dialogues during debates, forums, chats, and virtual communities organized through or around the link Platform, and will not be responsible, therefore, for any damages and losses that "Member Hotels" may suffer as a result of such communications and/or dialogues; etc.
Responsibility regarding Technological Failures. "GURUHOTEL" will not be responsible in any way when there are: (i) errors or delays in access to the Platform when entering data in the application form, the slowness or impossibility of receipt by recipients of the confirmation of the request or any anomaly that may arise when such incidents are due to problems on the Internet, fortuitous event, force majeure or any other unforeseeable contingency beyond "GURUHOTEL"; (ii) failures or incidents that may occur in communications, whether deleted or incomplete transmissions, so that the continuous operation of the "Platform" services is not guaranteed; (iii) errors or damages to the Platform caused by the misuse of the service by the "Member Hotels"; (iv) non-operation or problems in the email address provided by the "Member Hotels" for sending the confirmation of the request made. In any case, "GURUHOTEL" undertakes to solve any problems that may arise and to offer all necessary support to "Member Hotels" to reach a quick and satisfactory solution to the incident. Likewise, "GURUHOTEL" has the right to carry out promotional campaigns at defined intervals to promote the registration of new members in its service. "GURUHOTEL" reserves the right to modify the conditions of electronic commerce, as well as to proceed with the exclusion of any of the terms contained therein.
Requested information. "Member Hotels" acknowledge and accept that, for the fulfillment of the "Platform's" objective, it will be necessary for "GURUHOTEL" to collect personal data and sensitive personal data in order to include them in formats, listings, databases, or other physical, digital, and/or electronic media to adequately record them and offer the Services. "GURUHOTEL" is not responsible for the consequences that may arise from the omission, conscious or unconscious, made by "Member Hotels" regarding this matter. Therefore, by accepting these Terms, "Member Hotels" expressly waives any type of claim, demand, lawsuit, or legal proceeding against any Mexican or foreign authority, as well as any person related to "GURUHOTEL," including but not limited to directors, representatives, administrators, employees, shareholders, and/or agents, present or former, for any act derived or that may derive from the use of the Platform and the Services or any service derived from said use.
Personal Data Information. In compliance with the terms provided in the LFPDPPP, "GURUHOTEL," as the data processor of personal data, informs "Member Hotels" that the information provided on this "Platform" will be treated in accordance with the Privacy Notice contained on the "Platform." To use or enjoy certain Content, it is necessary for "Member Hotels" to provide "GURUHOTEL" with certain personal data ("Personal Data") in advance.
By accessing the "Platform," or any of the Content where Personal Data is required, "Member Hotels" are authorizing "GURUHOTEL" to carry out analysis and studies based on them. "Member Hotels" undertake to provide true and reliable Personal Data. If "Member Hotels" provide false or confusing information, "GURUHOTEL" will not assume any responsibility for the results that such acts may cause to "Member Hotels," and it may deny access to the Platform and its Content, without prejudice to any applicable compensation that may be required.
Data and Information Management. All information provided by "Member Hotels" during their access to the Platform is strictly confidential and will be handled solely by internal personnel of "GURUHOTEL." As mentioned in the Privacy Notice, the Personal Data of Users may be used primarily or secondarily to promote services. Therefore, "Member Hotels" hereby authorizes and expresses their acceptance for the use of their data for statistical, promotional, and marketing purposes, as well as any other purposes established in this document or the aforementioned Privacy Notice.
Data Indicators. The information provided by "Member Hotels" on the Platform, whether real or historical, is processed and organized to generate data indicators, which "GURUHOTEL" may use to make relevant business decisions in a statistical and non-individualized manner. By doing so, "Member Hotels" authorize "GURUHOTEL" to access the information provided and generated on the Platform, according to the terms of this document and the Privacy Notice.
Information Provided by "Member Hotels". "Member Hotels" acknowledge and agree that "GURUHOTEL" may, during the term of the Services, depend on or use data, material, or other information provided by "Member Hotels" without requiring any independent investigation or verification. As such, "GURUHOTEL" is authorized to rely on the accuracy and completeness of such information to provide the Services. "Member Hotels" are responsible for the information they share with third parties and to whom it is shared, and thus, they hereby release "GURUHOTEL" from any present or future liability.
In addition, all information that "Member Hotels" publish through any other means immediately and permanently loses the character of secrecy and confidentiality, releasing "GURUHOTEL" from any liability regarding its use and disclosure, subject to the terms and conditions established in the Privacy Notice when applicable.
Responsibility and Quality in the Provision of Services. "Member Hotels" acknowledge that the "Platform" is a technological tool that serves as a means for "Member Hotels"
Support. "GURUHOTEL" offers the "Member Hotels" the service of technical support and basic guidance for the use of the tools and functionalities of the Platform, which may be provided through Online Chat, email, or any other means that "GURUHOTEL" deems convenient and feasible, during the indefinite hours that are designated for this purpose, with prior notice. This service will not have any additional cost. Likewise, the "Member Hotels" that have requested Support accept and authorize "GURUHOTEL" to have full access to all the information provided on the Platform, without any limitation. In this regard, and for the benefit of the "Member Hotels," "GURUHOTEL" undertakes to maintain full confidentiality and secrecy regarding the information to which it has access.
Intellectual Property and Copyright. "GURUHOTEL" authorizes the "Member Hotels" to use the Platform, exclusively under the terms expressed herein, without implying that it grants the "Member Hotels" any license or authorization, or any other type of right other than the one mentioned above, regarding the Industrial Property and Copyright of "GURUHOTEL," understood as all trademarks registered and/or used in Mexico or abroad by "GURUHOTEL"; all rights to inventions (patented or not), industrial designs, utility models, confidential information, trade names, trade secrets, reservations of rights, domain names; as well as all types of property rights on works and creations protected by copyright and other forms of industrial or intellectual property recognized or to be recognized by the corresponding laws.
The "Member Hotels" acknowledge and accept that "GURUHOTEL" is the rightful owner, or has the necessary rights, over the Platform, including the trade names of "GURUHOTEL," trademarks, service marks, logos, domain names, and other distinctive brand features contained therein (the "Trademarks of GURUHOTEL"), regardless of whether those rights are registered or not, and from any place in the world where such rights may exist, and that they are protected by the laws and international treaties on industrial property and copyright. Therefore, the "Member Hotels" agree that the Trademarks of "GURUHOTEL" may not be copied, reproduced, modified, published, uploaded, sent, transmitted, or distributed in any way. Except as expressly stated otherwise in this document, "GURUHOTEL" does not grant the "Member Hotels" any express or implied rights under patents, copyrights, trademarks, or trade secret information. The "Member Hotels" acknowledge and agree that the Platform, as well as all its designs, are and will remain at all times, the property of "GURUHOTEL".
Feedback. In the event that the "Member Hotels" provide any feedback to "GURUHOTEL" regarding the functionality and performance of the Platform (including identifying possible errors and improvements), the "Member Hotels" hereby authorize "GURUHOTEL" to use, without restriction, all rights, titles, and interests over the expressed feedback. The foregoing does not entitle the "Member Hotels" to claim any moral rights, monetary compensation, or restrictions on the use of such feedback for its exploitation by "GURUHOTEL".
Other Provisions. The "Member Hotels" agree that a printed version of these Terms, and any communication sent and/or received electronically, will be admissible as evidence in any judicial and/or administrative procedure.
Modification of the Terms and Conditions of Use of the Platform. "GURUHOTEL" reserves the right to unilaterally and without prior notice modify and/or renew the terms and conditions of use of the Platform at any time, with the obligation to publish a message on the Platform containing notice to the "Member Hotels" of certain modifications to the Terms. The "Member Hotels" have the exclusive right to accept or reject such modifications. In the event that the "Member Hotels" do not agree with the made modifications, they may request the cancellation and termination of their account on the Platform, via email. "GURUHOTEL" undertakes to effectuate the account cancellation within a period not exceeding 30 (thirty) natural days from the date of receipt of the "Member Hotels" request.
Likewise, "GURUHOTEL" reserves the right, at any time and without prior notice, to delete or disable the access of the "Member Hotels" to the Platform. The "Member Hotels" will always have the Terms visible and freely accessible on the Platform for any consultations they wish to make. In any case, the acceptance of these Terms will be a prior and indispensable step to the acquisition of any Service.
Severability. If any term, condition, or provision contained in these Terms is determined to be ineffective, illegal, or unenforceable, it may be excluded from this document, and the remaining terms will continue in force and effect as broadly as permitted by law.
Updates. "GURUHOTEL" may revise and update these Terms at any time, while always providing free access to any user who wishes to review them. "GURUHOTEL" reserves the right to modify, at any time, the presentation and configuration of the Platform, as well as these Terms. Therefore, "GURUHOTEL" recommends that the "Member Hotels" read them carefully each time they access the Platform. Notwithstanding the above, the "Member Hotels" will always have these Terms available on the Platform, visibly and accessible at any time. Some clauses of these Terms may be subject to expressly designated terms and conditions found on the Platform or on specific websites.
Rights. Any rights not expressly conferred in this document are understood to be reserved to "GURUHOTEL".
Applicable Law and Jurisdiction. In all matters related to the interpretation and compliance with the provisions herein, the Parties agree to submit to the federal legislation of Mexico and the jurisdiction of competent courts in the city of Chetumal, Mexico, waiving any other jurisdiction that, by reason of their present or future domiciles, might correspond to them.
Digital, Electronic, or Online Form. The Parties agree that the form to perfect the agreement of wills between them is the Digital, Electronic, or Online format, where it will be sufficient to express their will through the acceptance of these Terms and providing personal data and banking information on the Platform or through the different applications of the licensors, without requiring the signing of any document.
Acceptance of the Terms. "Member Hotels" acknowledge that, by accessing, subscribing, and using the Platform, Services, and/or Content or derivatives, they fully and unreservedly manifest their acceptance and, therefore, their adherence to the version of the Terms published at the time of accessing the Platform, in terms of the provisions of Articles 1803 and 1834 Bis of the Federal Civil Code, 80, 81, 89, and other relevant and applicable provisions of the Commercial Code and the applicable legislation for Mexico. It is the sole and exclusive responsibility of "Member Hotels" to read these Terms and their corresponding modifications in advance each time they access the Platform. If, at any time, "Member Hotels" do not agree, totally or partially, with these Terms, they must immediately refrain from accessing and using the provided Platform and Services. Therefore, by accepting these Terms, "Member Hotels" expressly consent to be bound by them, thus entering into an agreement for the use of the Platform with "GURUHOTEL," confirming that they have read the content of each and every one of the provisions and ratify their content.
Validity. The contract between "Member Hotels" and "GURUHOTEL" entered into under these Terms comes into effect when you access the Platform (e.g., to create an account) and remains in force until "Member Hotels" and "GURUHOTEL" terminate the contract pursuant to these Terms.
Termination. "Member Hotels" may terminate this contract at any time by sending an email or deleting their account. "GURUHOTEL" may terminate this contract and your account for any reason by notifying you with 30 (thirty) days' notice via email or using any other contact information you provided in your account. "GURUHOTEL" may also terminate this contract immediately and without prior notice and cease providing access to the Platform if you breach these Terms, infringe our policies, violate applicable laws, or if we reasonably consider that termination is necessary to protect "GURUHOTEL," its Members, or third parties. If your account is inactive for more than two years, we may cancel it without prior notice.
Entire Agreement. "Member Hotels" acknowledge and accept that "GURUHOTEL" made all the necessary information available to understand the scope and characteristics of the Platform and Services. Likewise, they declare that, prior to accessing the Platform, they analyzed its characteristics and, consequently, agree with it.
18.- Personal Data Use Clause for Email Marketing Campaigns
By using our website and making an online reservation, you ("the User") expressly accept and consent that GuruHotel ("Us" or "the Company") collects, stores, and uses the contact data provided by the User for marketing purposes, including sending email marketing campaigns from both our company and affiliated companies.
The contact data that will be collected and used for this purpose includes, but is not limited to, the User's name, email address, phone number, and any other contact information voluntarily provided by the User.
The purpose of collecting and using the contact data is to send information about our products, services, special offers, promotions, surveys, and other content related to the hotel industry. Additionally, the contact data may also be shared with affiliated companies for marketing and promotion purposes of their products and services related to the hotel industry.
We commit to treat the User's contact data with the highest level of confidentiality and to implement the necessary security measures to protect their privacy and prevent unauthorized access to such information.
The User has the right to revoke their consent at any time and object to the processing of their contact data for marketing purposes. To exercise these rights, the User can contact us via email at email@example.com
The collection and use of the User's contact data for marketing purposes are subject to the applicable laws and regulations regarding privacy and data protection. We commit to comply with such laws and regulations and to take all reasonably necessary actions to protect the rights and privacy of Users.
The User's contact data will not be sold, rented, or transferred to non-affiliated third parties for commercial purposes without the User's prior and express consent.
We reserve the right to modify or update this clause on the use of personal data at any time. Any changes to this clause will be effective from the date of its publication on our website. It is recommended that the User periodically review this clause to stay informed about how their contact data is used and protected.
Date of first issuance: February 3, 2020 Date of last update: August 2, 2023