Terms & Conditions

TERMS AND CONDITIONS OF USE OF THE SOFTWARE

THROUGH DIGITAL PLATFORM OR WEB APPLICATION.

These Terms and Conditions of use (“Terms”) constitute a binding legal contract between GURUHOTEL, S.A.P.I. de C.V., its affiliates and/or subsidiaries, and/or its related parties (“GURUHOTEL”), with an address at Calle Bernia Lote 01 MZA 70, Colonia Andara, Chetumal, Quintana Roo, CP. 77014 (the “Address”), electronic address www.guruhotel.com (the “Site”) and with contact email hello@guruhotel.com (the “Email”); who is the legitimate owner or authorized to market the website, software, applications, and other offerings made by “GURUHOTEL” (collectively, the “Platform”) and the individual or legal entity that uses it.

The use of the “Platform” by any individual or legal entity assigns the status of customer of “GURUHOTEL” (the “Customer”) and this implies their full and unconditional adherence to these Terms. by individuals directly or indirectly linked to them (the "Contents"). Therefore, "GURUHOTEL" only facilitates the commercial relationship between "Member Hotels" and "Guests."

"GURUHOTEL," in its capacity as a facilitator of the commercial relationship between "Member Hotels" and "Guests," has no responsibility regarding the "Hotels," "Accommodations," and "Travel Experiences" or the fulfillment of the commercial relationship between these. "GURUHOTEL" is not the owner, agent, distributor, or, in general, any type of marketer of the "Hotels," "Accommodations," and "Travel Experiences" that are advertised and sold.

2. • Terms for "Member Hotels"

These terms are established to regulate the services and the use of the "Platform" that "GURUHOTEL" provides to the "Member Hotels" through the contractual relationship established. Therefore, "GURUHOTEL" may grant the "Member Hotels" through the "Platform" the provision of the Hey, I pointed out. For its part, "GURUHOTEL" commits to respecting and enforcing the rights of the "Member Hotels" and their "Guests," as well as using the information collected for that purpose correctly.

3. • Website Launch Process.

To start using the "Services" offered by "GURUHOTEL," the "Member Hotels" must register an account. For this, certain information related to their "Hotel" will be requested, such as name, address, phone number, URL of their current site, number of rooms, description of the hotel, as well as uploading photographs. The "Member Hotels" must ensure that all information they enter into the account is truthful and accurate. As a facilitator of "The Platform," "GURUHOTEL" does not own, control, offer, or manage any of the advertisements and offerings of the "Member Hotels."

"GURUHOTEL" is not part of the contracts concluded directly between the "Member Hotels" and the "Guests"; it only facilitates the the web and/or checkout (booking engine) upon starting the registration stage. The "Member Hotels" may subsequently remove the access granted to "GURUHOTEL."

Likewise, the domain provided by the "Member Hotels" must be the same one used on the official Google My Business profile and must be linked to the official social media of the "Member Hotels."

The "Member Hotels" agree that the provided domain will be the only official domain receiving direct or official bookings.

4. • Additional Documentation

"GURUHOTEL" may, at its sole discretion, request additional documentation from the "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") in order to validate its relationship with the subscribed "Hotel" and to be able to provide the Services.

The "Member Hotels" guarantee that copyright, the trademark, trade secret, moral rights or other private or intellectual property rights of a third party, nor the rights of privacy or protection of the personality of third parties, nor will it result in any breach of any applicable laws or regulations.

By sharing with us any "Additional Documentation," you grant "GURUHOTEL" a non-exclusive, international, royalty-free, irrevocable, perpetual (or valid during the Contract), sublicensable, and transferable license over such provided Content to access, use, store, copy, modify, prepare derivative works, distribute, publish, transmit, stream, broadcast, and otherwise exploit such Additional Documentation solely for the purpose of promoting your accommodation. To the extent that the "Additional Documentation" includes personal information, such "Additional Documentation" will only be used for these purposes if national, royalty-free, irrevocable, perpetual (or valid during the protection), sublicensable and transferable for the use of such shared Images in advertising, marketing and/or any other commercial purpose on all types of media or platforms, whether in relation to their hosting or otherwise, without further notice or compensation concerning you.

“GURUHOTEL” may request shared Images from “Member Hotels” of their “Hotel” in order to promote it on “GURUHOTEL” online Services.

“Member Hotels” are the sole responsible parties for the advertisements they offer and promote on the online “GURUHOTEL” Platform. “GURUHOTEL” is neither nor will become a party nor a participant in any contractual relationship between “Member Hotels” and “Guests”, does not own, create, supply, control, manage, offer, deliver, or provide any service advertised by “Member Hotels”, nor does it constitute a real estate or insurance agent. Producing, duplicating, copying, selling, reselling, or exploiting any part of the “Theme,” using the “Services” or accessing the “Services” without the express and written permission of “GURUHOTEL.” You also understand and accept that we may take legal action against you for failing to comply with these conditions.

Derived from these “Terms,” with which the “Member Hotels” agree and accept, “GURUHOTEL” authorizes and grants the “Member Hotels” the use and enjoyment of 1 (one) license to use the “Platform” for corporate use, which includes the possibility of user registration and access, as chosen by the “Member Hotels” in the Contract (the “Users”). This grant is made under the “as is” modality, temporary, non-exclusive, revocable, for internal use, non-marketable, and non-sublicensable, with the main functionalities being the following:

Name

Description

Hotel Website

Web module that allows connecting to Control over the price, availability, policies, and rules for each of its "Accommodations" and "Travel Experiences."

"GURUHOTEL" does not intervene or charge commissions for bookings made through Online Travel Agencies (OTAs) such as Booking, Expedia, etc., therefore there is no relationship or interference with them.

The "Member Hotels" commit to providing, at a minimum, equal pricing conditions for inventory and availability compared to online agencies such as Booking, Expedia, Despegar, or PriceTravel.

8. • Contracting with Guests

When the "Member Hotels" accept a request for "Accommodation" or receive a confirmation of "Accommodation" through the "Platform," the "Member Hotels" are entering into a contract directly with the "Guest," and the "Member Hotels" are responsible for delivering their "Services" on the terms and at the price specified in their offering.

9. • (i) a "Guest" experiences some Travel Setback (ii) A Force Majeure Cause occurs or (iii) cancels a reservation in accordance with the established Terms, the amount payable to the "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 the "Member Hotels" have received payment, or if the amount of the refund and other expenses incurred by "GURUHOTEL" exceed the amount paid to the "Member Hotels," "GURUHOTEL" may recover it from the "Member Hotels," including offsetting the refund against future charges as a "Member Hotel." You agree that what is stated here and the "GURUHOTEL" Refund Policy and these Terms provide the Cancellation Policy and that you established in situations where canceling a reservation is allowed or Payment processing methods.
10. • Service Cost and Payment Methods.

Starting July 1, 2023, we will implement an important change in our billing policy.

There will be an adjustment in the currency type for the payment of your invoices, now requiring payment in national currency + VAT, with the corresponding invoice issued, for all properties in Mexican territory.

Additionally, due to the increase in costs from our technology providers, it will be necessary to implement an increase of 8% in the cost of the GuruHotel 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 providing you with the best experience and access to the best technologies in the market.

From that date, invoices for the technology plan or plus plan (formerly expert plan) will be charged automatically, debiting a credit card. with the "Member Hotels."

"GURUHOTEL" may charge a "Commission" to the "Member Hotels" for the use of the "Platform." In this case, the "Commission" will be equivalent to 5 (five) % plus VAT of the total value of the reservation for the "Accommodation" and/or "Travel Experience" sold through the "Platform" and/or Check out. This "Commission" will be applicable to effective reservations, as well as cancellations and no-shows where a penalty applies to the "Guest." The "Commission" is fixed. Unless otherwise provided, the "Commission" is non-refundable.

"GURUHOTEL" reserves the right to modify the amount of the "Commission" at any time and will notify the "Member Hotels" of any changes in advance of them taking effect. The change in the "Commission" will not affect the "Accommodations" and/or "Travel Experience" made before the change takes effect.

The "Member Hotels" agree to activate the payment methods on-site and prepayment, as well as Payment services may include (as long as they are available) the following (collectively, "Payment Services"):

Collecting 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");

Making payments to "Member Hotels" ("Collection") to a financial instrument associated with their account on the "Platform," such as a PayPal account, bank account, prepaid card, or debit card ("Collection Method") via bank funds transfer.

"Member Hotels" will receive the "Payment" for "Accommodations" and "Travel Experiences" sold during the previous week on Mondays via bank transfer; this payment will equal the total of the bookings for "Accommodations" and/or "Travel Experiences" sold through the "Platform" and/or checkout minus the "Commission" and transaction fees. As of July 31, 2023, it will be settled on August 28.

This modification is necessary due to a recent change in Stripe's policies, our payment provider, which involves a 30-day hold.

This measure affects the flow of payments and is being implemented in the tourism industry due to cancellations, refunds, and chargebacks that are part of the nature of the travel industry.

If you would like more information about the "reserves" that Stripe applies, you can consult the following link: https://support.stripe.com/questions/reserves-frequently-asked-questions?locale=en

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 remain in the model without a fixed monthly cost.

"GURUHOTEL" will charge the fees through credit card, debit card, PayPal, electronic transfer, or any method of payment. hotels that generate a production of less than 1,000 USD (or its equivalent in local currency) in GBV to their website product connected to Expedia. The main benefit of this measure is to be free of a fixed cost. In the event that 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 provide the “Member Hotels” with the Support Agent service, who, based on data analysis and using technological tools, will make recommendations to optimize the website and pricing strategy, which they can replicate, if they wish, across the rest of their online distribution on the “Platform”.

The “Member Hotels” that have contracted the fixed monthly payment service will be assisted by a Customer Support Agent. services, as well as the suspension or cancellation of it.

Platform Inaccuracies. The Content of the "Platform" and/or the "Services" provided 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 error or omission in any part of the "Platform" and/or the "Services" and to make any changes to the features, functionality, or Content at any time. "GURUHOTEL", as well as any person related and/or affiliated with "GURUHOTEL", including but not limited to directors, representatives, managers, employees, shareholders, and/or agents, present or former, or allies, shall not be liable for errors or omissions in the Contents of the Platform.

Stay on the Platform. The "Member Hotels" are solely responsible to "GURUHOTEL", and any third party, for their conduct when accessing, consulting and the eventual damages and losses to the “Member Hotels” caused by normal or abnormal operation of the search tools, by the organization or location of the Contents and/or access to the Platform and, in general, by errors or issues that arise in the development or implementation of the technical elements that the Platform provides to the Members; (iii) the contents of those pages that the “Member Hotels” may access from links included in the Platform, whether authorized or not; (iv) the acts or omissions of third parties, regardless of the relationship that those 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 provide; (vi) the communications or dialogues during the course of debates, forums, chats, and virtual communities organized through or around the linking “Platform,” nor shall it be liable for "Member Hotels"; (iv) of the non-operability or problems with the email address provided by "Member Hotels" for sending the confirmation of the request made. In any case, "GURUHOTEL" undertakes to resolve any issues that may arise and to provide 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 time intervals to promote the registration of new members in its service. "GURUHOTEL" reserves the right to modify the terms of e-commerce, as well as to exclude any of the terms contained therein.

Regarding the Requested Information. "Member Hotels" acknowledge and accept that, in order to fulfill the objective of the "Platform," it will be necessary for "GURUHOTEL" to collect personal data and sensitive personal data, in order to include it in formats, According to the provisions set forth in the LFPDPPP, "GURUHOTEL," as the data processor of your personal data, informs "Member Hotels" that the information provided by the "Member Hotels" on this "Platform" will be processed in accordance with the Privacy Notice contained in the "Platform." To use or enjoy some of the Contents, it is necessary for the "Member Hotels" to previously provide "GURUHOTEL" with certain personal data ("Personal Data").

By accessing the "Platform," or any of the Contents where Personal Data is required, the "Member Hotels" are authorizing "GURUHOTEL" to conduct analyses and studies based on them. The "Member Hotels" are obliged to provide true and reliable Personal Data. If the "Member Hotels" provide false or confusing information, "GURUHOTEL" assumes no responsibility for the results that such acts may cause to the data indicators, which "GURUHOTEL" may use to make relevant business decisions, always in a statistical manner and not individualized. The "Member Hotels," in this act, authorize "GURUHOTEL" access to the information provided and generated on the Platform, in terms of this document and the Privacy Notice.

Regarding the Information Provided by the "Member Hotels." The "Member Hotels" acknowledge and agree that "GURUHOTEL" may, during the term of the Services, rely on or use data, material, or other information provided by the "Member Hotels," and that no independent research or verification is required for this purpose, so "GURUHOTEL" will be empowered to rely on the accuracy and completeness of such information to provide the Services. The "Member Hotels" are responsible for the information they share with third parties and to whom it is shared, which is why they hereby relieve themselves of any present or and if it could be presented. In this sense, "GURUHOTEL" will not be responsible to the "Member Hotels", or any person related to them, for any damage or claim arising from deficiencies in the Services, or for any error, omission, and/or falsity in the information provided by the "Member Hotels", whether through the "Platform" or any other means.

Exclusion of Warranties and Liability. The "Member Hotels" are solely responsible for their use of the "Platform" and its Content. The "Member Hotels" acknowledge that the information on the "Platform" and the Services are provided "as is", without any express or implied warranty of merchantability or fitness for a particular purpose. "GURUHOTEL" does not guarantee the accuracy or completeness of the information, texts, graphics, links or other elements contained in the Platform or Content. "GURUHOTEL" does not guarantee uninterrupted operation or freedom from all errors of the DIRECT, MORAL, INCIDENTAL, EXCESSIVE, REMOTE AND/OR OCCASIONAL, DAMAGES, LOSS OF PROFITS, INTERRUPTION OF COMMERCIAL ACTIVITY OR LOSS OF INFORMATION OR DATA AND/OR SECURITY VIOLATIONS, even if “GURUHOTEL” had been warned of such possibility.

Use of Cookies. “GURUHOTEL” informs the “Member Hotels” that, through the use of cookies and similar technologies, it aims to: i) ensure the best possible experience on the Platform; and ii) provide the “Member Hotels” with information about their service and marketing preferences, thereby helping them obtain the appropriate information. Should the “Member Hotels” require further information regarding the use of cookies and similar technologies, “GURUHOTEL” makes available the Cookie Use Policy.

Compatibility of Electronic Devices. The “Member Hotels” will be responsible for obtaining the devices or hardware that are compatible with the Platform and the Services, as long as for the correct functioning of the Platform, it may perform patches, updates, bug fixes, and minor improvements to the Platform.

Support. “GURUHOTEL” offers “Member Hotels” technical support and basic guidance for using the tools and functionalities of the Platform, which may be provided via Online Chat, email, or any other means that “GURUHOTEL” deems appropriate and feasible, during the indefinite hours that it designates for this purpose, with prior notice. This service will have no additional cost. Likewise, “Member Hotels” that have requested Support accept and authorize “GURUHOTEL” to have full access to all information provided on the Platform, without any limitations. In this regard, and for the benefit of the “Member Hotels,” “GURUHOTEL” is obliged to maintain complete secrecy and confidentiality regarding the information to which it has access.

Ownership 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 “Registered 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 which are protected by the laws and international treaties on industrial property and copyright. For the above reasons, the “Member Hotels” agrees that the Registered Trademarks of “GURUHOTEL” may not be subject to copying, reproduction, modification, publication, uploading, transmission, or distribution in any way. Unless expressly stated otherwise in this document, “GURUHOTEL” does not grant the “Member Hotels” any express or implied rights under patents, copyright, trademarks, or trade secret information. or means of 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 modify and/or renew the terms and conditions of use of the Platform at any time and without prior notice, with the obligation to publish a message on the Platform containing a notice to the “Member Hotels” that certain modifications have been made to the Terms. It will be the exclusive right of the “Member Hotels” to accept or reject such modifications. If the “Member Hotels” do not agree with the modifications made, they may send a request for cancellation and termination of their account on the Platform, to the Email. “GURUHOTEL” commits to effect the cancellation of the account within a period no longer than 30 (thirty) calendar days from the date of receipt of the request from the “Member Hotels”.

Furthermore, “GURUHOTEL” the Platform, as well as these Terms. Therefore, "GURUHOTEL" recommends that "Member Hotels" read carefully each time they access the Platform. Nevertheless, the "Member Hotels" will always have these Terms available on the Platform, in a visible and accessible manner at any time. Some clauses of these Terms may be subject to expressly designated terms and conditions that are found on the Platform or on certain websites.

Rights. Any rights not expressly granted in this document are understood to be reserved to "GURUHOTEL."

Applicable Law and Jurisdiction. In all matters related to the interpretation and fulfillment of what is set forth here, the Parties agree to submit to the federal legislation of Mexico and the jurisdiction of the competent courts in the city of Chetumal, Mexico; waiving any other jurisdiction that, due to their present or future domiciles, may arise. It is the sole and exclusive responsibility of the "Member Hotels" to read these Terms and their corresponding modifications before accessing the Platform. If at any time the "Member Hotels" do not agree, in whole or in part, with these Terms, they must immediately refrain from accessing and using the Platform and the provided Services. Therefore, by accepting these Terms, the "Member Hotels" expressly consent to be bound by them, thus entering into a usage agreement of the Platform with "GURUHOTEL," acknowledging that they have read the content of each and every provision and affirm its content.

Validity. The contract between the "Member Hotels" and "GURUHOTEL" under these Terms enters into force when you access the Platform (for example, to create an account) and remains in effect until the "Member Hotels" and "GURUHOTEL" terminate the contract under these terms. features of the Platform and the Services. Likewise, it states that, prior to accessing the Platform, it analyzed its features and, consequently, agrees with it.

18. • Use of personal data for email marketing campaigns

By using our website and making an online reservation, you ("the User") expressly accept and consent that GuruHotel ("We" or "the Company") collect, store, and use 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, your 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 data processing. We are committed to complying with such laws and regulations and to taking all reasonably necessary actions to protect the rights and privacy of Users.

User contact data will not be sold, rented, or transferred to non-affiliated third parties for commercial purposes without the prior and express consent of the User.

We reserve the right to modify or update this clause regarding the use of personal data at any time. Any changes to this clause will take effect from the date of its publication on our website. Users are advised to review this clause periodically 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