1. Grupo Posadas, S.A.B. de C.V. (hereinafter "Posadas") is a sociedad bursátil (a publicly held company) engaged, among other things, in the provision and trade of tourism services, which is carried out either directly or through its affiliate companies.
2. Posadas operates a scheme named Access Fiesta Rewards, as defined in section 9 of these terms and conditions and it has sufficient financial capacity, experience and resources to operate it.
3. Posadas has its main place of business at Avenida Prolongación Paseo de la Reforma, Número Exterior 1015, Torre "A”, Número Interior piso 9, Colonia Santa Fe Cuajimalpa, Alcaldía Cuajimalpa de Morelos, C.P. 05348, in Mexico City Mexico, telephone number to receive calls from anywhere in the Mexican Republic (443) 113-5841; from the USA and Canada 1-877-7672-327 and direct from other parts of the world 52 (443) 113-5841. Please call us for any doubts, comments or claims.
4. These Terms and Conditions govern the use and operation of this Internet Domain, which is property of “Posadas” or of any of its affiliate companies.
5. Posadas reserves the right to modify the contents and design of this Website at its sole discretion and without incurring in any liability whatsoever, as well as the Terms and Conditions to the extent deemed necessary or convenient at any time and without need of notice or prior communication to Website users, provided that any ongoing transaction shall be duly observed. Please verify and read these Terms and Conditions regularly in order to be aware of such changes or modifications.
6. The Website user hereby states to be an individual of legal age in full use and exercise of their powers and rights, without any restriction or impediment whatsoever to be bound by the provisions of these Terms and Conditions.
7. User hereby states that the personal identification information provided to Posadas or to any of its affiliates or subsidiaries through the Website and/or in any oral or written communication through filling out of any form is true and correct and that based thereof User agrees to abide by these Terms and Conditions.
8. Agreement between the Client and Posadas. When accessing and using the Website or when using the services offered therein, User agrees any and all provisions of these Terms and Conditions. User understands and agrees that accepting these Terms and Conditions is a preliminary and essential requirement to access and use the Website; therefore, any use of this Website constitutes User’s agreement to observe any and all terms, conditions and notices contained herein.
9. Definitions. When used in these Terms and Conditions and on the Website, any capitalized or lower-case terms shall have the meaning set forth below, and the singular form shall include the plural form:
Access Fiesta Rewards: means the benefit plan described in these Terms and Conditions, which shall consist of four different categories: i) Black, ii) Platinum, iii) Gold and iv) Classic. The type of category to be chosen by the Client shall be as indicated in the Cover Sheet of the agreement to be entered into between Posadas and the Client and in the relevant Verification Sheet.
Benefits: means any and all Benefits set forth under the Access Fiesta Rewards Plan, which consist of Tourist Benefits and Member Program Benefits, as described on the Website and in the Verification Sheet, executed by the Client, whereby the specific benefits to which the Client shall be entitled are described based on the category.
Member Program Benefits: means any and all benefits other than Tourist Benefits, to be negotiated by Posadas with third parties on behalf of the Client, which may vary as described on the Website.
Tourist Benefits: means the discounts to be granted on hotel accommodation Public Rates to the Client, under the terms of this Agreement, upon making a reservation at any Resort that is part of the Access Fiesta Rewards Plan described on the Website, which may differ depending on the Resort. These Tourist Benefits are divided into three categories: Villa Benefits, Posadas Beach Hotel (Resort) Benefits or Posadas City Hotel Benefits. The Client may only use these Tourist Benefits for a maximum of 9 rooms per event.
Villa Benefits: means a discount of up to 50% on hotel accommodation Public Rates to be granted to the Client at the Resorts, upon making a reservation at the Resorts defined as such on the Website.
Posadas Beach Hotel (Resort) Benefits: means a discount of up to 25% on hotel accommodation Public Rates to be granted to the Client at the Resorts, upon making a reservation at the Resorts defined as such on the Website.
Posadas City Hotel Benefits: means a discount of up to 25% discount on hotel accommodation Public Rates to be granted to the Client at the Resorts, upon making a reservation at the Resorts defined as such on the Website.
Call Center: means the information, reservation, modification, cancellation and sales call center authorized by Posadas for such purposes.
CAT: means the total annual financing cost expressed in annual percentage terms that includes for information and comparison purposes all Credit inherent costs and expenses. This cost is shown on the Cover Sheet of the agreement to be entered into by and between the Client and Posadas and it is comprised of the Total Price, ordinary financing interest of the price, monthly administration fee and the relevant taxes, provided that this calculation excludes the relevant VAT.
Client: means the individual who agrees to the Access Fiesta Rewards plan.
Resorts: means hotels and resorts that are part of the Access Fiesta Rewards Plan as described on the Website, and where the Client shall be entitled to use the Tourist Benefits set forth in this Agreement upon making reservations. These resorts may vary.
Fiesta Rewards: means the loyalty program implemented by Posadas and operated on a point basis, the characteristics, scope, policies and restrictions of which are available at the website www.fiestarewards.com.
Verification Sheet: Means the instrument describing the main characteristics of this Agreement and the benefits available for each category of the Access Fiesta Rewards plan chosen by the Client.
Membership: means the Client membership in the Access Fiesta Rewards Plan that entitles the Client to enjoy the Benefits set forth herein.
Confirmed Reservation: means the written confirmation issued by Posadas, either physically or electronically, containing the final accommodation reservation at a Resort or of the Benefits with respect to a Reservation Request made by a Client, including the amount payable thereof.
Website or Site: means to the set of web pages identified by a domain name or Internet address (including, but not limited to www.accessfr.com) managed by Posadas to communicate and disclose information about Access Fiesta Rewards Plan; to carry out electronic marketing concerning the Access Fiesta Rewards Plan, if any; to update lists of Resorts and Benefits and to make and pay for reservations.
Reservation Request: means the request made by a Client either via telephone or through electronic means to Posadas to process reservations with the relevant Benefits and to use accommodation discounts at the relevant Resort, for any type of room at any specific date or the request to use any other Benefit.
Public Rates: means the price of hotel rooms for a specific day, at a specific time, which is determined according to occupation of the relevant hotel and market price and can be consulted on the website or online travel agencies.
User: means the individual or legal entity using the Website and retains the services offered and made available by Posadas through different means.
10. Industrial and Intellectual Property. Posadas, its affiliates or related companies and its licensors and licensees are the holders, whether by themselves or through the execution of an agreement with third parties of all rights on the content and design of the Website, and more specifically, including, but not limited to photographs, images, texts, logos, designs, trademarks, trade names and data included therein. Such rights are protected by the current laws and regulations on industrial and intellectual property.
Copying, reproduction, adaptation, modification, distribution, marketing, public disclosure and/or any other action that constitutes an infringement of current laws and regulations on intellectual property, as well as the use of the contents of the Web Site without prior express written consent of Posadas is strictly prohibited.
Posadas hereby informs you that the mere fact of accessing and consulting the Website grants no license, authorization or implied right whatsoever on no intellectual and/or industrial property right or on any other right or property, directly or indirectly related to the contents included on the Website.
The trademarks, logos and names listed below and the brands related thereto are proprietary trademarks of Posadas, its subsidiaries and/or affiliates:
- Live Aqua Resorts & Residence Club
- Grand Fiesta Americana
- Fiesta Americana
- Fiesta Americana Vacation Club
- Fiesta Inn Business Class
- Gamma Hotels
- ONE Hoteles
- The Explorean by Fiesta Americana
- Curamoria
- IOH
- Kivac
- Fiesta Rewards
- Access Fiesta Rewards pending registration
This list of trademarks can be increased, reduced or modified as shall be updated on the Website.
As mentioned before, trademarks owned by Posadas may not be used or displayed without prior written authorization of Posadas.
11. Use of the Website. Users shall use the Website on a responsible manner and for legal purposes under these Terms and Conditions. Users shall not carry out the following activities, including but not limited to: i) Distribute, disseminate, post or publish any information or material that is false, demeans, disparages, discredits, embarrasses, humiliates or threatens persons; ii) Abuse, slander, harass, accuse, threaten or otherwise infringe upon the rights of others; iii) Download or upload files or programs of any kind; iv) Distribute, disclose, post or publish any indecent material or information that infringes the rights of third parties; v) Post or send, or otherwise disclose confidential information, trade secrets or other proprietary, confidential and/or protected data; vi) Copy or create derivative works of display, distribute, license, perform, publish, recreate, reproduce, reproduce, sell, transfer or transmit any information, products, services or software obtained by, from or through the Site; vii) Monitor or copy any content by any process; viii) Engage in any other conduct that is or that Posadas believes to be in conflict with the Terms and Conditions, and; ix) In general, perform any act against current legislation, morals and good practices.
This Website may contain discussion groups, newsgroups, bulletin boards, chat rooms and other services in which third parties other than Posadas and You as User participate. Posadas shall not be responsible for the communications or dialogues in the course of the debates, forums, or chats that are organized through the Website and/or linked pages, therefore, Posadas shall not be liable for the eventual damages and losses suffered by Users as a consequence of such communications or dialogues. Posadas shall have the authority to review and monitor the communications or dialogues made through the Web Site, reserving the right to cancel any communication or dialogue that it deems appropriate or that it considers at its sole discretion to be contrary to the provisions of these Terms and Conditions. The information provided by User in such cases is public, Posadas assumes no obligation of privacy regarding the same; therefore, Users are advised not to provide personal data or private information except in cases specifically required for the purposes expressly mentioned in the respective privacy notice.
User is exclusively responsible for the use of the password that has been assigned to access the Site, therefore User releases Posadas from any liability arising from the misuse that User makes of such password or the use that any third party makes thereof when User has voluntarily or involuntarily shared such password with any third party, even in the event that User consciously or unconsciously had allowed disclosure of the password to any third party through any means.
In case User logs into the Website to access the same through any social media of which User is part (including, without limitation, the social media "Facebook," "Twitter", "Google" or "LinkedIn"), User understands and agrees to accept that when logging in through the account that User has with any social media, User will share with Posadas its public profile, its list of contacts, its e-mail address, as well as the "like" clicks made by User or User's contacts (or equivalent elements in the different social media).
12. Indemnity. User acknowledges and agrees to indemnify and hold harmless Posadas, its affiliates, subsidiaries and/or related companies against any damages and losses derived from any default of the provisions of these Terms and Conditions and for any damages and losses arising from or related to improper use by User or a third party of the password to use the Website.
13. No Warranty and Limited Liability. Posadas shall use its best efforts in order to make the content of the Site available at all times; however, Posadas assumes no liability for any interruption in availability of the Website or for any delay in access thereto, regardless of the cause. Likewise, Posadas at any time and without prior notice may interrupt or cancel access to the Site and/or the content thereof without incurring in any liability whatsoever.
Posadas makes no representation, grants no guarantee nor agrees or consents that anything User finds on the Site is free of errors, complete or accurate. Posadas shall not be held liable for direct, indirect, incidental, consequential or punitive damages resulting from accessing or using this site.
Posadas, its affiliates and any and all officers, directors, agents are employees shall in no event be responsible for damages and losses derived from or related to the use given by User to the Site and/or the contents thereof, including, but not limited to loss of data, information or programs, damage to computers or networks, malfunctions, delays or disruptions in telephones, electrical and electronic devices, the network, the Internet, computers or computer components or computer programs.
Third parties, other than Posadas and User, may have access to the content of the Site and they may change or delete such content without Posadas' authorization. Posadas informs you that under no circumstance shall Posadas be liable in the event that such changes made without authorization by third parties affect the content of the Site.
Posadas provides no warranties other than those that pertain to the services rendered by Posadas pursuant to these Terms and Conditions. Posadas does not recognize warranties of any type or nature that are not specified herein. Any information that has not been provided by agents or employees of Posadas, or any third party authorized by it or by the Site, may not create guarantees of any type regarding the Terms and Conditions or the Site.
In any case Posadas' liability shall not exceed the amount of fees or charges paid by the Client to Posadas for the services and/or information related to such liability.
The services offered on the Site are the only services authorized by Posadas; therefore, Posadas shall not be liable for any other product or service offered by any third party other than Posadas not contained therein.
YOU AGREE TO USE THE SITE AT YOUR OWN RISK. THE CONTENT AND SERVICES PROVIDED THROUGH THIS SITE ARE PROVIDED ON AN “AS IS” BASIS. POSADAS MAKES NO REPRESENTATION, GUARANTEE OR APPROVES ANYTHING RELATED TO THE ACCURACY, RELIABILITY, USE OR COMPLETENESS OF THE CONTENT OF THE SITE OR OF ANY OTHER SITE LINKED TO IT, AND MAKES NO REPRESENTATION IN THE SENSE THAT THE SITE WILL BE ERROR OR VIRUS FREE OR AVAILABLE ON AN UNINTERRUPTED MANNER.
However, Posadas uses its best efforts to maintain the latest information in order to offer its clients/users the greatest possible peace of mind in the use of such information and to constantly monitor the servers for security verification.
14. Electronic disclaimer. Posadas, and its affiliates, subsidiaries, and other related entities, and each of their officers, directors, agents and employees shall not be responsible for the following: breakdowns, failures, delays or difficulties in telephones, electrical and electronic devices, the network, the Internet, computers or computer components or computer programs. Nor shall they be held responsible for mail, e-mail, form submissions, connections, messages or data captures that have been delayed, lost, stolen, or any of the foregoing if found illegible, incomplete, garbled, misdirected, mutilated or with insufficient postage, or for the security of any of the aforementioned.
Likewise, Posadas, its affiliates, subsidiaries, and other related entities, and each of their officers, directors, agents and employees shall not be responsible for erroneous or inaccurate capture of information, whether caused by Internet users or by any element of the equipment or programming associated with or used on the site or by any technical or human error that may occur during the processing of information related to this site.
If for any reason any specific section of the site fails to operate as it should, including the case of infection by computer virus, errors, unauthorized intervention, fraud, technical failures or any other cause beyond the reasonable control of Posadas, that corrupts or affects the administration, security, equity, integrity or proper operation of this Site, Posadas reserves the right (but shall not be obliged) at its discretion to prohibit any individual (including the information of the individual) to use the Site and may also cancel, terminate, modify or suspend the Site or any portion of the Site and invalidate such information.
Users further agree that Posadas, its affiliates, subsidiaries and other related entities including each of their officers, directors, agents and employees shall not be responsible or liable in any way for any damage, loss or harm to the individual's computer that captures information, nor for the interception or use of credit card information that is related to or results from the use of the Site, nor from any sites, services or materials linked to or related to the use of " trials" or authentic booking mechanisms at any time. Nor shall Posadas be responsible or liable in any manner whatsoever for any damages, losses, claims or damages related to or resulting from this site, or the booking mechanism, whether or not operating on computers or networks used by the individual capturing information or communicating with such computers or networks.
15. Links to third party sites. This Website may contain links (hyperlinks) to websites operated by third parties other than Posadas or any of its affiliates, such links are provided for reference only. Posadas has no control over these websites, and assumes no responsibility for the content thereof. The inclusion of hyperlinks to such websites does not imply approval of the material contained therein.
16. Reservations. The Posadas reservations element of this Website is provided solely to assist Customers in determining the availability of travel-related goods and services, and to make legitimate reservations, excluding any other purpose. User states to be at least 18 years old having sufficient authority to be bound by the terms of this agreement and to use this Website under the terms and conditions set forth herein. User shall be financially responsible for the use of this Website (and for the use by third parties acting on User’s behalf, including, but not limited underage persons living with User). User agrees to supervise the use of this Website by underage individuals when using User’s name and account number. User further assures that any information disclosed by them or by their family members or by any other person acting on user’s behalf when using this website is true and correct, that the information is provided with no limitation and that no false or fraudulent reservations will be made. User agrees that the authority to make reservations through this Website shall only be exercised to make lawful reservations or purchases for User or for third parties legally authorized to act on behalf of User. User understand that any excessive or abusive use of the authority to make reservations through this Website may result in denial of access to such authority.
In case of reservations or other services that may be subject to a rate, User agrees to be bound by the terms and conditions set forth in the purchase, including, but not limited to, payment of all amounts due in compliance with any rules and restrictions applicable to the availability of rates, products or services. User shall be fully responsible for all charges, fees, duties, taxes and assessments resulting from the use of this Website.
17. Information disclosure. By disclosing information to Posadas through the use of this Website, including, but not limited to registration forms, feedback, questions, comments, suggestions and similar cases, User: (a) states and assures that such information is such information is complete, true and accurate, and that User holds all rights thereto, that such information is User's own original and unpublished work, and is not based in full or in part on any pre-existing work or work of another person, that it does not violate or infringe in any manner whatsoever any proprietary right, trademark, trade name, service mark, or any other written law or common law, or any personal or proprietary right or interest, and that such information is not abusive, obscene, profane, sexually explicit, threatening or illegal, User further agrees to indemnify, defend and hold Posadas harmless against any type of complaint arising from the foregoing and agrees to waive and assign any and all rights and title on any information; (b) acknowledges that User (rather than Posadas) is exclusively responsible for any damages resulting from any infringement of proprietary rights, copyrights or any other damages resulting from the disclosure of such information and the subsequent use by Posadas thereof; and (c) automatically grants Posadas the right and a worldwide, royalty free, exclusive license to use, reproduce, publish, distribute or display such information (in full or in part, by any means whether already known and used, or to be known and used in the future, in perpetuity); however, User acknowledges that Posadas has no obligation to use, reproduce, publish, distribute or display the information. Likewise, Posadas reserves the right to monitor and check broadcasts, the use and any information related thereto to assure compliance with Posadas’ policies and as a necessary clause to provide access to this Website and/or to protect its rights and property, Posadas may also monitor and check saved broadcasts with no restriction whatsoever and User hereby acknowledges and consents to such monitoring. Posadas is in possession of secret access passwords.
Posadas is fully free to use any ideas, concepts, knowledge or techniques contained in any communication for any purpose whatsoever, including, but not limited to development, production and/or trading of products and services embodying such information.
18. Modification of these Terms and Conditions. These Terms and Conditions may be unilaterally modified by Posadas, provided that Users are informed of such modifications on the Website or through the procedures implemented for such purposes without adversely affecting the rights granted to Users who executed transactions before the modification.
Users shall receive notice of any modification to these Terms and Conditions via e-mal or postings on the Website, which shall indicate the effective date of such modifications.
19. Headings and sections. All headings, titles and sections of these Terms and Conditions are used for reference purposes and shall not affect the content or interpretation hereof.
20. Survival of the Terms and Conditions. If any competent court of administrative authority determines that any section, paragraph or clause of these Terms and Conditions is null, the remaining sections, paragraphs and clauses shall continue in full force and effect for the parties.
21. Access Fiesta Rewards Member Benefits. The Client shall be entitled to the relevant Fiesta Rewards member benefits depending on the option chosen on the Coversheet regarding the Access Fiesta Rewards category, under the guidelines of the program defined by Posadas and the Client shall also be entitled to the benefits described in the verification sheet attached to the agreement entered into by and between the Client and Posadas, which shall be posted on this Website. Such benefits can vary and may be modified from time to time, without Posadas incurring in any liability whatsoever.
22. Language, Jurisdiction and Governing Law. Any document in any language other than the Spanish language is a translation and in case of inconsistencies between the version in the foreign language and the Spanish version, the Spanish version shall prevail. As to anything regarding the resolution of any dispute or conflict derived from these Terms and Conditions, the visit or use of the Website or related to the purchase or services offered through the Website, the parties submit to the applicable laws of the Mexican Republic and to the jurisdiction of the competent courts of Mexico City by expressly waiving any other jurisdiction they may be entitled to by reason of their present or future domiciles.