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Terms and Conditions

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AGREEMENT BETWEEN THE CUSTOMER AND GRUPO POSADAS S.A.B. DE C.V.

This website is offered to you, the Customer, subject to your acceptance, without any modification, of the terms, conditions, and notices contained in this document. Your use of this website constitutes your agreement to be bound by all the terms, conditions, and notices contained herein.

LIMITATIONS ON PERSONAL AND NON-COMMERCIAL USE

Grupo Posadas S.A.B de C.V. ("Posadas") grants you permission to download, reproduce, and retransmit the information published on Posadas' websites (including: posadas.com, fiestamericana.com, fiestainn.com, theexplorean.com, favc.com, fiestarewards.com, and those with .com.mx extensions), subject to your acceptance to be bound by the following conditions:

1.- Copyright and Trademark Notices
All content on this website is protected by Copyright © 2002 GRUPO POSADAS S.A.B de C.V., as well as its subsidiaries, affiliates, and/or suppliers, Av. Prolongación Paseo de la Reforma 1015, 9th floor, Col. Santa Fe, Álvaro Obregón Delegation, C.P. 01210, Mexico City, phone +5215553266700. All rights reserved. 

The following trademarks and logos, and the names listed below, as well as the associated trademarks, are registered trademarks belonging to GRUPO POSADAS S.A.B de C.V., its subsidiaries, and/or affiliates: 

  • Live Aqua Resorts & Residence Club ® 
  • Grand Fiesta Americana Hotels & Resorts ® 
  • Fiesta Americana Hotels, Resorts & Suites ® 
  • Fiesta Inn Business Class Hotels® 
  • Fiesta Inn Express® 
  • Gamma Hoteles ® 
  • The Explorean Kohunlich® 
  • Fiesta Americana Vacation Club® 
  • Fiesta Kids® 
  • Fiesta Rewards® 
  • Programa de Incentivos Fiesta® 
  • ONE Hoteles® 

The registered trademarks of GRUPO POSADAS may not be used or displayed without prior written authorization from GRUPO POSADAS.

You may download, reproduce, and retransmit POSADAS information solely for non-commercial use within your organization. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, program, product, or service found on or obtained from this website. 

You must retain and reproduce each copyright notice or any ownership notice in POSADAS information that you download, reproduce, or retransmit. 

Except for the limited authorization mentioned above, no license or copyright in POSADAS' materials, or any other party's materials, is granted or conferred to you. 

POSADAS' websites may contain or refer to trademarks, patents, trade secrets, technologies, products, processes, or other rights owned by Posadas and/or other parties. No license or right to use such trademarks, patents, trade secrets, technologies, products, processes, or other rights owned by POSADAS and/or other parties is granted or conferred. As for trademarks, patents, trade secrets, technologies, products, processes, or other rights owned by third parties, POSADAS has entered into agreements with them for the use of these, but they remain registered trademarks and property rights of the respective companies or individuals. 

2.- Disclaimer of Warranties
We do not declare, guarantee, agree, or make any pact that everything you find here is free from errors, complete, or accurate. Neither we nor the consultants of this site shall be considered responsible for direct, indirect, incidental, consequential, or punitive damages that result from accessing or using this site. 

YOU AGREE THAT THE USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT AND SERVICES PROVIDED BY THIS SITE ARE PROVIDED "AS IS." GRUPO POSADAS DOES NOT DECLARE, GUARANTEE, OR APPROVE ANYTHING REGARDING THE ACCURACY, RELIABILITY, USEFULNESS, OR INTEGRITY OF THE CONTENT ON THIS SITE OR ANY SITE LINKED TO IT, NOR DOES IT DECLARE THAT THE SITE WILL BE ERROR-FREE OR VIRUS-FREE, OR AVAILABLE UNINTERRUPTEDLY. To the maximum extent permitted by law, GRUPO POSADAS disclaims all warranties, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. GRUPO POSADAS does not guarantee that this site or any site linked to it or the server that provides it are free of computer viruses. 

However, GRUPO POSADAS strives to keep the information up to date in order to provide its customers/users with the greatest possible peace of mind when using such information and constantly monitors the servers for security verification. 

3.- Limitation of Liability
GRUPO POSADAS will not be liable for any damages of any kind, including, without limitation, special, incidental, indirect, or consequential damages arising from accessing or being unable to access this site, or from using or relying on this site or its content, or from any damage resulting from the loss of use, data, or utilities, whether or not advised of the possibility of such damages and under any theory of liability. In addition, GRUPO POSADAS is not obligated to update the site or its content. It shall not be considered responsible for failing to update such content. Some states do not allow the exclusion of implied warranties, or the limitation or exclusion of liability for incidental or consequential damages. However, despite the exclusions contained in this Agreement, if GRUPO POSADAS, and/or its subsidiaries and/or affiliates, is found liable for damages or losses resulting from or in any way related to this site, the company's liability shall not exceed the amount of fees or charges paid by you to the company for the services and/or information for which such liability exists. 

The information provided by POSADAS may contain technical inaccuracies or typographical errors. POSADAS reserves the right to make changes, corrections, and/or improvements to Posadas' information, as well as the products and programs described in the information, without prior notice and at any time. 

POSADAS' websites contain information about POSADAS products and services worldwide, which may not be available in all locations. If a POSADAS website refers to a product or service, it does not mean that such product or service will be available in your area. 

4.- Electronic Disclaimer
Likewise, GRUPO POSADAS S.A.B de C.V. and its affiliates, subsidiaries, and related entities, and each of its officers, directors, agents, and employees shall not be held responsible for the incorrect 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 a certain part of the site does not function as it should, including cases of computer virus infection, errors, unauthorized intervention, fraud, technical failures, or any other cause beyond the reasonable control of GRUPO POSADAS, which corrupts or affects the administration, security, fairness, integrity, or proper operation of this site, GRUPO POSADAS reserves the right (but not the obligation) at its discretion to prohibit any individual (including the individual's information) from using the site and may also cancel, terminate, modify, or suspend the site or any portion of the site and void such information. 

Users also accept that GRUPO POSADAS S.A.B de C.V. and its affiliates, subsidiaries, and related entities, including each of its officers, directors, agents, and employees, shall not be responsible or liable in any way for damage, loss, or harm to the individual's computer that captures information, nor for the interception or use of credit card information related to or resulting from the use of the site, nor for any sites, services, or materials linked to or related to the use of "tests" or authentic reservation mechanisms at any time. It will not be responsible or liable in any way for damages, losses, claims, or harm related to or resulting from this site, or the reservation mechanism, whether operating on computers or networks used by the individual capturing information or communicating with such computers or networks. 

5.- Use of the website
The reservation feature of GRUPO POSADAS S.A.B de C.V. on 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. You warrant that you are at least 18 years old and have the legal authority to enter into this agreement and use this website in accordance with all the terms and conditions contained herein. You assume financial responsibility for your use of this website (as well as the use of your account by third parties, including but not limited to minors living with you). You agree to supervise the use of this website by minors using your name or account number. You also warrant that all information provided by you or by members of your family when using this website is true and accurate, without limitation, and without false or fraudulent reservations. You agree that the ability to make reservations on this website will be used only for legitimate reservations or purchases for yourself or for another person who has legally authorized you to act on their behalf. You understand that excessive or abusive use of the reservation feature on this website may result in your access to such feature being denied. 

In the case of reservations or other services that may be subject to a fee, you agree to be bound by the terms and conditions imposed by the purchase, including but not limited to the payment of all amounts due in compliance with the rules and restrictions applicable to rate availability, products, or services. You will be fully responsible for charges, fees, tariffs, taxes, and assessments resulting from the use of this website. 

6.- Submission of information
When you submit information to GRUPO POSADAS through the use of this site, including but not limited to registration forms, feedback, questions, comments, suggestions, and similar cases, you hereby: (a) declare and warrant that such information is complete, true, and accurate, and that you own all the rights to such information, that it is your own original and unpublished work, and that it is not based wholly or in part on any pre-existing work or the work of another person, that it does not violate or infringe in any way any property right, trademark, brand name, service mark, or any other written law or common law, or any personal or property right or interest, that such information is not abusive, obscene, profane, sexually explicit, threatening, or illegal, and you agree to indemnify, defend, and hold GRUPO POSADAS harmless from any claim of this nature, and you agree to waive and assign all rights to and ownership of any information, (b) acknowledge that you (not GRUPO POSADAS) are solely responsible for any damage resulting from the infringement of property rights, copyright, or any other damage resulting from having submitted such information and the subsequent use of the information by GRUPO POSADAS; and (c) automatically grant GRUPO POSADAS the worldwide, royalty-free, exclusive right and license to use, reproduce, publish, distribute, or display such information (in whole or in part, by any means now known and used, or known and used in a future medium, in perpetuity), even though you acknowledge that GRUPO POSADAS is not obligated to use, reproduce, publish, distribute, or display the information. Likewise, GRUPO POSADAS reserves the right to monitor and review transmissions, use, and information related to such use to ensure compliance with GRUPO POSADAS policies, and as a necessary clause to provide this site and/or protect the rights and properties of GRUPO POSADAS. GRUPO POSADAS may also monitor and review stored transmissions without restriction, and you hereby acknowledge and consent to such monitoring. GRUPO POSADAS knows the access passwords. 

POSADAS is free to use the ideas, concepts, knowledge, or techniques contained in its communications for any purpose, including but not limited to the development, production, and/or marketing of products and services incorporating such information. 

7.- Links to third-party sites
This website may contain links (hyperlinks) to websites operated by third parties that are not affiliated with GRUPO POSADAS S.A.B de C.V. Such links are provided for reference only. GRUPO POSADAS S.A.B de C.V. does not control these websites and assumes no responsibility for their content. The inclusion of hyperlinks to such websites does not imply the approval of the material contained on such websites or any association with their operators. 

8.- Conversión de moneda 
Conversion rates are based on information provided by a company hired for this purpose and should be used as guidelines only. Room rates are guaranteed only in the currency provided by the reservation engine on the websites. Currency quotes are updated online with the provider's information. The currency information provided on this website is believed to be accurate, but GRUPO POSADAS S.A.B de C.V. and/or its subsidiaries and affiliates do not endorse such accuracy. 

9.- Weather
Weather information is based on information provided by third parties. The weather information provided on this website is believed to be reliable, but GRUPO POSADAS S.A.B de C.V. and/or its subsidiaries and affiliates do not endorse such accuracy. 

10.- No illegal or prohibited use
As a condition of using this website, you represent that you will not use it for any illegal or prohibited purpose in accordance with the terms and conditions contained herein. 

11.- Changes to the agreement
GRUPO POSADAS S.A.B de C.V. reserves the right to change this Agreement at any time without prior notice; such changes will take effect immediately. By using, viewing, transmitting, concealing, storing, and/or in any way using this site and/or its content, you have agreed to accept each and every one of the terms and conditions described in this agreement, waiving any right to claim the existence of ambiguities or errors in this agreement. If you do not accept this agreement, do not use the site. Please print and retain a copy of this agreement. 

12.- General
Any claim related to this agreement or the materials contained in it will be governed by the laws in force in the United Mexican States and by the Federal Consumer Protection Agency. This statement constitutes the entire agreement between the parties regarding the subject matter and supersedes all prior oral and written agreements. Therefore, no delay or failure on the part of GRUPO POSADAS S.A.B de C.V. in the exercise of any right or remedy under this agreement, or the enforcement of the terms and conditions of this agreement, may be used as a waiver. If any part or provision of this agreement is found to be invalid, unenforceable, or void, the remaining portion will remain in full force and effect. The headings contained in this agreement are used for convenience of reading and will not be used in the interpretation of the Agreement. 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and GRUPO POSADAS S.A.B de C.V. as a result of this agreement or the use of this website. 

The fictitious names of companies, products, individuals, characters, and/or data mentioned in this document are not intended to represent a real individual, company, product, or event.