Terms and Conditions

INTRODUCTION AND ACCEPTANCE

These Terms and Conditions of Use (hereinafter the “Terms and Conditions”) regulate the use and exploitation of the WEBSITE www.anayjoseholbox.com (hereinafter the “WEBSITE”) and the electronic services offered through it. Individuals (hereinafter, “You”, the “USER” or the “USERS”) who access and/or make use of the WEBSITE by viewing, browsing, consulting, consulting, transmitting information, requesting information, requesting services, receiving information, quoting services, contracting services or otherwise using or taking advantage of 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 to these Terms and Conditions, 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. SERVICIOS ANGELOPOLITANOS Y DEL SURESTE SOCIEDAD ANONIMA DE CAPITAL VARIABLE operator of ‘Ana y José’, located at Prolongación 11 Sur, 12928 Local B Col. Guadalupe Hidalgo, Puebla Mexico C.P. 72490 (hereinafter the ‘Hotel’) is the owner of the WEBSITE and holder of all intellectual property rights associated with it.

PURPOSE AND SCOPE OF APPLICATION

These Terms and Conditions shall be applicable to any action performed by a USER within the WEBSITE that allows him/her to view, browse, consult, transmit information, request information, request services, receive information, quote services, contract services or use and take advantage of the WEBSITE and its contents in any other way. The section headings used in these Terms and Conditions are for guidance only and have no legal or contractual effect. Access to the WEBSITE or the contents published herein may be illegal for certain persons 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 where they are located. ANA Y JOSE HOTEL & SPA HOLBOX®’s failure to exercise its rights, or delay in doing so should not be considered a waiver by ANA Y JOSE HOTEL & SPA HOLBOX® of its right to exercise or enforce any legal remedy or remedy that may be available to it under a present or future right. The partial exercise of any right, action or remedy on behalf of ANA Y JOSE HOTEL & SPA HOLBOX® under these Terms and Conditions shall not prevent the subsequent full exercise thereof. ANA Y JOSE HOTEL & SPA HOLBOX®’s forbearance of any breach on a specific occasion shall not constitute or imply acceptance or forbearance of a subsequent breach.

MINORS

The WEBSITE is not directed to minors (those persons under 18 years of age) and ANA Y JOSE HOTEL & SPA HOLBOX® does not permit the use of the WEBSITE by such minors. By using the WEBSITE the USER acknowledges and agrees that he/she is a person of legal age according to the jurisdiction of his/her location. Parents, guardians or any adult responsible for supervising the acts of a minor shall be responsible for the acts of such minor resulting in damage or loss caused to ANA Y JOSE HOTEL & SPA HOLBOX® by the use of this WEBSITE.

PERSONAL DATA

The personal data of USERS using the WEBSITE to purchase any of the services offered by ANA Y JOSE HOTEL & SPA HOLBOX® will be treated in accordance with our applicable Privacy Notices. Personal data provided by USERS will not be disseminated or transferred to other third parties outside the organization at any time and under any modality, if not with the express consent of the USERS or in application of the exceptions provided by the applicable regulations, which allow and order the transfer of such personal data without the consent of the USER. When USERS provide their cell phone number, they agree to receive text messages, multimedia messaging on their cell phone, including messages regarding services and promotions. Third party entities that provide services such as text or SMS messages, or multimedia messaging on our behalf, may also access your personal information to provide these services. These third party entities will be contractually obligated to treat your information in accordance with our current Privacy Notices. USERS may opt out of receiving multimedia messaging or SMS messages from us at any time by replying to the multimedia messaging or SMS message with the word “STOP” or by sending an email to reservaciones@anayjose.com. ANA Y JOSE HOTEL & SPA HOLBOX® has administrative and technical security measures in place to prevent possible security breaches of the WEBSITE. However, ANA Y JOSE HOTEL & SPA HOLBOX® cannot guarantee the absolute security of the WEBSITE against attacks from third parties or as a result of the lack of continuity of the services provided by third parties.

DESCRIPTION OF SERVICES

Through the ANA Y JOSE HOTEL & SPA HOLBOX® WEBSITE, USERS may access to information on: – (I) All-inclusive travel packages (hotel only or hotel + flight). – (II) Destinations and hotels (hotels, spa’s, golf, transportation, car rental and excursions). – (III) Wedding and event planning and production services (hotels, destinations, benefits, offers, religious and cultural ceremonies). – (IV) Restaurants. – (V) Family offers for our USERS. – (VI) Credits aimed at facilitating family vacation planning. – (VII) Multimedia galleries (networks, photos, videos and virtual tour). – (VIII) Travel tips.

RATES AND DISCOUNTS

The WEBSITE is not directed to minors (those persons under 18 years of age) and ANA Y JOSE HOTEL & SPA HOLBOX® does not allow the use of the WEBSITE by such minors. By using the WEBSITE the USER acknowledges and agrees that he/she is a person of legal age according to the jurisdiction of his/her location. Parents, guardians or any adult responsible for supervising the acts of a minor shall be responsible for the acts of such minor resulting in damages or losses caused to ANA Y JOSE HOTEL & SPA HOLBOX® by the use of this WEBSITE.

CURRENCY CONVERSION

Conversion rates are based on publicly available sources and should be used as guidelines only. Room rates are guaranteed in U.S. dollars only. Currency quotes are not updated daily. Currency information provided by this WEBSITE is believed to be accurate, but ANA Y JOSE HOTEL & SPA HOLBOX® does not warrant or guarantee such accuracy.

USERS’ RIGHTS

USERS have the right to choose the quantity and quality of products and services provided by ANA Y JOSE HOTEL & SPA HOLBOX®. However, ANA Y JOSE HOTEL & SPA HOLBOX® products and services are provided “as is”; therefore, such products and services are subject to quantity or quality availability and commercial capacity, including, but not limited to, hotel capacity and seasonal travel rates.

INTELLECTUAL PROPERTY AND USE RESTRICTIONS

ANA Y JOSE HOTEL & SPA HOLBOX®”, “ANA Y JOSE HOTEL & SPA HOLBOX®”, “ANA Y JOSE SPA HOLBOX®”, “ANA Y JOSE COLLECTION®”, “TULUM DESTINATION CLUB®”, “ANA Y JOSE COLLECTION CLUB®”, “ANA Y JOSE YATCHS®”, “ANA Y JOSE RESIDENCES®”, “ANA Y JOSE HOMES®”, “HIP HOTEL TULUM®”, “CASA DE AGUA®”, “OM SPA®”, are reserved trademarks of services or products that are registered, or are being registered before the corresponding authorities (hereinafter “trademarks”) property of OPERADORA DE RESTAURANTES Y HOTELES DE TULUM and/or any of its affiliates. ANA Y JOSE HOTEL & SPA HOLBOX®, the domain www.anayjose.com, as well as the contents of the WEBSITE (texts, images, logos, videos, graphics and any other), in any format, are property of ANA Y JOSE HOTEL & SPA HOLBOX®. ANA Y JOSE HOTEL & SPA HOLBOX® is a registered trademark, and its logo and registered trade name describes all affiliated companies and companies or entities related or involved in the hotel business worldwide. ANA Y JOSE HOTEL & SPA HOLBOX® considers the compilation of links to Internet resources, the description of such resources and the information published 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 ANA Y JOSE HOTEL & SPA HOLBOX® and its trademarks, patents and copyrighted material may not be used in advertising or publicity without the specific, prior written permission of ANA Y JOSE HOTEL & SPA HOLBOX®. ANA Y JOSE HOTEL & SPA HOLBOX® reserves the right to bring civil, criminal or administrative actions arising from improper or unauthorized use of this WEBSITE, including infringement of its trademarks. The foregoing is understood with the exception of those cases in which, in these Terms and Conditions, in the particular conditions of specific services, or in any other place of the WEBSITE, another condition is stated for a specific 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, whether ANA Y JOSE HOTEL & SPA HOLBOX® or third parties that have granted the appropriate authorizations. The data and information originated through the WEBSITE as part of the services provided to the USERS, such as dates, reservation numbers, destinations, resorts, offers, 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 for the specific purposes related to such information. ANA Y JOSE HOTEL & SPA HOLBOX® reserves all copyrights on the content, organization, compilation, information, logos, photographs, images, videos, programs, applications and, in general, any work contained or published on the WEBSITE and other services are protected in accordance with applicable local or international legislation on intellectual property. To the extent that this WEBSITE provides interactive functionalities that allow USERS to submit information or data, You expressly acknowledge that You may not upload, distribute or otherwise publish through the WEBSITE any content that is illegal, defamatory, obscene, threatening, offensive, harmful, invasive of privacy or publicity rights, abusive, or otherwise objectionable and that may constitute or encourage a criminal or administrative offense, violate the rights of any third party, or otherwise give rise to liability or breach of law. When you upload or submit legal materials to ANA Y JOSE HOTEL & SPA HOLBOX®, you automatically grant us (or indicate that the owner of such rights has expressly granted us) perpetual, royalty-free, irrevocable, non-exclusive rights and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such materials or incorporate them in any way.

IDEA SUBMISSION

ANA Y JOSE HOTEL & SPA HOLBOX® does not accept unsolicited marketing, advertising or product ideas. 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 damages arising from such action shall be solely Your responsibility.

ADVERTISING

ANA Y JOSE HOTEL & SPA HOLBOX® constantly reviews the information made available to USERS through the WEBSITE, in order to ensure that it is truthful, verifiable, clear and sufficient with respect to the characteristics of the services offered by ANA Y JOSE HOTEL & SPA HOLBOX®.

THIRD PARTY ADVERTISING

ANA Y JOSE HOTEL & SPA HOLBOX® is independent of third party sponsors or advertisers whose information, images, advertisements and other advertising or promotional material may be published on the WEBSITE. Links to other sites that we believe may be of interest are provided solely for your convenience. The provision of such links does not mean 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 all risk arising from the WEBSITE. The services, content, works and other information provided through the WEBSITE of ANA Y JOSE HOTEL & SPA HOLBOX® are provided exclusively on the information contained in the WEBSITE. Accordingly, the USER agrees that the use of this WEBSITE is at the USER’S own risk. The materials on this WEB SITE are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law in your jurisdiction, ANA Y JOSE HOTEL & SPA HOLBOX® disclaims all warranties, express or implied, including, without limitation, implied warranties of merchantability and fitness for a particular purpose. ANA Y JOSE HOTEL & SPA HOLBOX® does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this WEB SITE or the server that makes it available are free of viruses or other harmful components. ANA Y JOSE HOTEL & SPA HOLBOX® does not warrant or make any representations regarding the use or the results of the use of the materials on this WEB SITE in terms of their correctness, accuracy, reliability or otherwise. You (and not ANA Y JOSE HOTEL & SPA HOLBOX®) assume the entire cost of all necessary servicing, repair or correction. The law of your country of residence may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. ANA Y JOSE HOTEL & SPA HOLBOX® cannot guarantee to the USERS that the WEBSITE, content, works and information will meet 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, in the understanding that the content of the WEBSITE and the rates published therein are constantly updated. Under no circumstances, including, but not limited to, negligence, shall ANA Y JOSE HOTEL & SPA HOLBOX® be liable for any direct, indirect, punitive, special or consequential damages, or strict liability for moral damages that result from the use of, or the inability to use, the materials and content on this WEB SITE, even if ANA Y JOSE HOTEL & SPA HOLBOX® or an authorized representative of ANA Y JOSE HOTEL & SPA HOLBOX® has been advised of the possibility of such damages. The applicable law of your place of residence may not allow 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 ANA Y JOSE HOTEL & SPA HOLBOX®’s total liability to you for any damages, losses or other causes of action, whether in contract, tort (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 WEB SITE

ANA Y JOSE HOTEL & SPA HOLBOX® may at any time and whenever it deems appropriate, under its sole discretion, make corrections, additions, improvements or modifications to the content, presentation, information, services and other elements of the WEBSITE without giving rise to any claim or compensation, nor does this imply recognition of any liability whatsoever in favor of the USER.

MODIFICATIONS TO THE TERMS AND CONDITIONS

ANA Y JOSE HOTEL & SPA HOLBOX® may modify, update, extend or otherwise change the content and scope of these Terms and Conditions, at any time and at its sole discretion. In such cases we will publish the changes on the WEBSITE. The version published on the WEBSITE shall be deemed to be the latest version of these Terms and Conditions in force; USERS should be diligent to ensure that they are aware of the latest version of these Terms and Conditions. Therefore, USERS should review these Terms and Conditions periodically in order to keep abreast of any changes to which they have not previously been notified. Notwithstanding the foregoing, each time the USER accesses the WEBSITE he/she shall be deemed to accept the latest version of these Terms and Conditions.

APPLICABLE LAW AND JURISDICTION

ANA Y JOSE HOTEL & SPA HOLBOX® controls and operates this WEBSITE from its offices in the State of Quintana Roo, United Mexican States. ANA Y JOSE HOTEL & SPA HOLBOX® makes no representation that 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 principles or legislation of conflicts of laws, and you agree to it by using this WEBSITE. Any dispute arising out of or related to this WEBSITE shall be governed by, construed and enforced 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 correspond 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 and enforceability of the remaining provisions.

COMPLAINTS AND CLAIMS

If you have any questions, complaints, comments or claims regarding the Terms and Conditions or about the services provided by ANA Y JOSE HOTEL & SPA HOLBOX®, including costs, payment methods, refund and return mechanisms, payment and/or billing conditions, you may communicate them to us through the following means of contact:

• OPERADORA DE RESTAURANTES Y HOTELES DE TULUM
• ORH970617JE1
• CALLE ROBLE MZA 2 LTE 4 SM 43 AV. DEL BOSQUE CANCUN Q. ROO
• asistente@anayjose.com
• +52 (998) 880 56 29