WEB SITE GENERAL TERMS OF USE

 

These Terms of Use (“The Terms”) apply to the Náay Travel website located at www.naaytravel.com and all associated sites linked to www.naaytravel.com by Náay Travel and its affiliates (collectively, the “Site”). The site is property of Náay Travel Experience Designers and its licensors.

By accessing, browsing, using our site, services or experiences on the website and by confirming a reservation on our site you accept these terms and agree to these terms and by all terms, policies and guidelines incorporated by reference, at the same time as using our site, services and during your stay.

The Terms and Conditions describe in this document, including any revised terms that we post from time to time, state the terms and conditions under which we provide you with various services on www.naaytravel.com website (“Site”) owned and operated by Náay Travel. These Terms includes our Privacy Policy and Cookie Policy and are legally required agreement between you and NáayTravel and administrate your use of this Site as well all our services and experiences detailed on our Site. NáayTravel reserves the right to modify or remove content from this site, suspend or terminate the operation of the site and deny access to any user to all or part of this site. Please check them regularly to take notice of any changes. Your continued use of our Site following the posting of changes constitutes your acceptance of any such changes. You agree to comply with all applicable laws regarding your use of our Site.

 

OUR PRIVACY POLICY

All the information obtained because of your use of our Site, is subject to our Privacy Policy which allow us to collect, use and disclosure the information provided by you, including our respective rights to that information. Please review our Privacy Policy before you use our Site and services.

Your Personal Information provided on our Site, will be used to establish direct communication with you and to be able to provide you information on any request, comment or question you have regarding our services and experiences. The information provided as Personal Information will be used as a primary form of contact by Náay Travel Experience Designers.

NáayTravel (Náay Experience Designers) respects your privacy, and is committed to protecting the privacy, confidentiality and security of the personal data you provide to us through our website, social media, e-mail, over the phone or in person.

When this policy mentions Náay, Náay Travel, Experience Designers, we, us or our, it refers to the Náay Travel company that is responsible for your information under this Privacy Policy (the “Data Controller”), the Data Cotroller is the Náay Travel entity that you are contracting for booking certain services or experiences.

When using our site, you may provide us with personal information, that is the same information as when you create an account or make a reservation which will be complemented with a more detailed information that will allow us to provide you with a very personalized service, this information is:

 

Full name

Telephone number

E-mail address

Arrival and Departure date

Guests number (adults or kids)

 

Children Personal Information will be collected only as part of the Guest Profile Registration.

To help create and maintain a trusted environment, and to the extent permitted by applicable laws, we may collect identification that you provide (a scan of a government-issued ID) or another authentication information such as:

Demographics (age, gender, country, preferred language)

Personal and group preferences and special needs

Passport and Visa information

Preferences for communication

When you use the Payment Services (such as when booking Accommodation or travel-related experiences or services through us or a stablishing a Supplier relationship via us), we require certain financial information (like your bank account or credit card information) to process payments and comply with applicable law. An we may retain your financial information to assist you with booking travel-related experiences or services with third parties.

You may otherwise choose to provide us information such as food allergies, emergency contact information, travel preferences, and information about other guests accompanying you on your stay when you fill in a form, speak to, or otherwise communicate with a Náay Travel Experience Designer, respond to surveys, participate in promotions or use other features of the Náay Travel Platform.

MEXICO’S FEDERAL LAW FOR THE PROTECTION OF PERSONAL DATA

According to Mexico’s Federal Law for the Protection of Personal Data in the Possession of Private Entities, currently in effect, Náay Travel, known as “Náay Experience Designers”, is responsible of the treatment of your personal data with the purpose of make your reservations, create your experiences and serve you as a guest.

If you wish to receive our complete Privacy Policy and to obtain further information about the terms and conditions for the handling of your personal data, please e-mail us at michelle@naaytravel.com, Upon receipt we will provide you with the required information.

 

CHANGES TO THIS PRIVACY POLICY

This privacy policy may have changes from time to time and without notice. We will post the Privacy Policies changes in to our Site to notify you and provide you with the ability to opt out of the new uses.

We have taken all the reasonable security measurements to protect your Personal Information provided and stored in our system against misuse, loss or alteration.

By providing and allowing us the use and disclosure of your Personal information you ensure full access to our site, products and services and warranty a complete booking process. The authorization to use your data for our marketing purposes can be stop at any time by sending us a written request.

Your Personal Information is kept as Record Keeping for as long as necessary, and when the purpose for which it was collected expires all your Personal Information will be safely and securely deleted.

 

 

 

 

 

 

 

COOKIES POLICY

 

To improve the experience in our website we use cookies that allow us to recommend content that may be of interest to you. You can accept to use our cookies by clicking OK in the appropriate place on the banner that appears on the website, please note that if you don´t click OK and continue to browse the site, you will be consider having accept it in agreement to our Privacy Policy

 

A cookie is a small data file that is transferred to your device (e.g. your phone or your computer). For example, a cookie could allow us to recognize your browser, while another could store your preferences. There are two types of cookies used on the Náay Platform: (1) “session cookies” and (2) “persistent cookies.” Session cookies normally expire when you close your browser, while persistent cookies remain on your device after you close your browser and can be used again the next time you access the Náay Travel Platform.

 

We also use other technologies with similar functionality to cookies, such as web beacons, pixels, mobile identifiers, and tracking URLs, to obtain Log Data (as described in the Privacy Policy). For example, our email messages may contain web beacons and tracking URLs to determine whether you have opened a certain message or accessed a certain link.

Why Náay Travel Uses These Technologies

We use these technologies for several purposes, such as:

To enable you to use and access the Náay Travel Platform and the Payment Services.

To enable, facilitate and streamline the functioning of and your access to the Náay Travel Platform.

To better understand how you navigate through and interact with the Náay Travel Platform and to improve the Náay Travel Platform.

To serve you tailored advertising (on the Náay Travel Platform and on third party websites).

To show you content (e.g., advertisements) that is more relevant to you.

To monitor and analyze the performance, operation, and effectiveness of the Náay Travel Platform and Náay Travel advertisements.

To enforce legal agreements that govern use of the Náay Travel Platform.

For fraud detection and prevention, and investigations.

For purposes of our own customer support, analytics, research, product development, and regulatory compliance.

Third Parties

We may also allow certain business partners to place these technologies on the Náay Travel Platform. These partners use these technologies to (1) help us analyze how you use the Náay Travel Platform, such as by noting the third party services from which you arrived, (2) market and advertise Náay Travel services to you on the Náay Travel Platform and third party websites, (3) help us detect or prevent fraud or conduct risk assessments, or (4) collect information about your activities on the Náay Travel Platform, other sites, and/or the ads you have clicked on. For example, to help us better understand how people use the Náay Travel Platform, we work with a few analytics partners, including Google Analytics. To prevent Google Analytics from using your information for analytics.

Third parties may also use such tracking technologies to serve ads that they believe are most likely to be of interest to you and measure the effectiveness of their ads both on the Náay Travel Platform and on other websites and online services. Targeting and advertising cookies we use may include Google, and other advertising networks and services we use from time to time. For more information about targeting and advertising cookies and how you can opt out, you can visit the Network Advertising Initiative’s opt-out page, the Digital Advertising Alliance’s opt-out page, or http://youronlinechoices.eu. To opt out of Google Analytics for display advertising or customize Google display network ads, you can visit the Google Ads Settings page. To the extent advertising technology is integrated into the Náay Travel Platform and you opt-out of tailored advertising, you may still receive advertising content. In that case, the advertising content will just not be tailored to your interests. Also, we do not control any of these opt-out links and are not responsible for the availability or accuracy of these mechanisms.

Third Party Social Plugins

The Náay Travel Platform may use social plugins provided and operated by third parties, such as Facebook’s, Instagram or Twitter Like Button. Because of this, you may send to the third party the information that you are viewing on a certain part of the Náay Travel Platform. If you are not logged into your account with the third party, then the third party may not know your identity. If you are logged in to your account with the third party, then the third party may be able to link information or actions about your interactions with the Náay Travel Platform to your account with them. Please refer to the third party’s privacy policies to learn more about its data practices.

Your Choices

Most browsers automatically accept cookies, but you can modify your browser setting to decline cookies by visiting the Help portion of your browser’s toolbar.

Flash cookies operate differently than browser cookies, and cookie management tools available in a web browser will not remove flash cookies. To learn more about how to manage flash cookies, you can visit the Adobe website and make changes at the Global Privacy Settings Panel.

Your mobile device may allow you to control cookies through its settings function. Refer to your device manufacturer’s instructions for more information.

If you choose to decline cookies, some parts of the Náay Travel Platform may not work as intended or may not work at all.

Content

All text, graphics, interfaces, photographs, trademarks, logos, sounds, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned or licensed by or to Náay Travel, and is protected by copyright and trademark laws, and various other intellectual property rights and unfair competition laws.

You may download Content displayed on this Site for personal, non-commercial use only. You must retain all copyright and other proprietary notices on downloaded Content. You may not reproduce, republish, post, publicly display, transmit or distribute any Content unless expressly permitted in these Terms or elsewhere on the Site.

Submissions

Apart from your personal information (which is addressed in our Privacy Policy), any communications or materials send to the Site, including data, questions, comments, suggestions or submissions ("Submissions"), are and will be treated as non-confidential and nonproprietary. Náay Travel may use your Submissions for any purpose, including reproduction, transmission, disclosure, publication, broadcast, and posting. By making a

Submission to the Site, you irrevocably transfer and assign to Náay Travel copyrights or other rights that you may have in such material and you waive any right to compensation.

Náay Travel takes no responsibility and assumes no liability for any Submissions posted or submitted by you. We reserve the sole discretion to determine whether to publish or use your Submissions. You are fully responsible for the content of your Submissions and will be solely liable for any damages resulting from any violation of any law or the rights of Náay Travel or any other person, or any other harm resulting from your

Submissions.

Indemnification

You agree to defend, indemnify and hold harmless Náay Travel and its affiliates and their respective directors, officers, employees and agents from and against all demands, losses, liability, claims or expenses, including attorneys’ fees, made against Náay Travel by any third party due to or arising out of or in connection with your use of the Site.

Additional Rules and Conditions

Separate terms and conditions, including your cancellation rights, if any, will apply to your reservation and purchase of travel-related goods and services that you select. Please read these separate terms and conditions carefully. Any violation of these additional terms and conditions may result in cancellation of your reservation(s) or in your forfeiting any monies paid for such reservation(s).

Miscellaneous

These Terms shall be governed by the Mexican Law, without regard to its conflict of law’s provisions. You consent and submit to the exclusive jurisdiction of the courts located in México, in all questions and controversies arising out of your use of this site and this Agreement. The relationship between Náay Travel and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, including the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.

Use of the Site

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms or that infringes the rights of Náay Travel or others.

You also agree not to: (i) make any false, speculative or fraudulent inquiry, request or reservation; (ii) access, monitor or copy any content or information of this Site using any deep-link, page-scrape, robot, spider or other automatic device, program, algorithm or any similar process; (iii) take any action that imposes, or may impose an unreasonable or disproportionately large load on our infrastructure; (iv) use any device, software or routine to interfere with the proper working of the Site, any transaction being conducted on the Site or any other person’s use of the Site; or (v) attempt to gain unauthorized access to the Site or any systems or networks connected to the Site by hacking or any other illegitimate means.

No Warranties; Limitation of Liabilities

WHILE NÁAY TRAVEL USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THE SITE, NÁAY TRAVEL MAKES NO WARRANTIES OR REPRESENTATIONS AS TO ITS ACCURACY. THE PROPERTIES, INFORMATION, PRODUCTS AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING PRICING ERRORS. IN PARTICULAR, NÁAY TRAVEL DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIMS ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE VILLAS AND OTHER TRAVEL PRODUCTS DISPLAYED ON THIS SITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, PHOTOGRAPHS, LIST OF AMENITIES AND GENERAL PRODUCT DESCRIPTIONS), MUCH OF WHICH INFORMATION IS PROVIDED BY THE RESPECTIVE SUPPLIERS. IN ADDITION, NÁAY TRAVEL EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON THE SITE AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE. IN SUCH EVENT, YOU WILL HAVE THE OPTION TO KEEP YOUR PENDING RESERVATION AT THE CORRECT PRICE OR CANCEL YOUR RESERVATION WITHOUT PENALTY. THE PROPERTY OWNERS AND OTHER SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES IN CONNECTION WITH THE SITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF NÁAY TRAVEL, NÁAY TRAVEL AND ITS AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. BY OFFERING TRAVEL PRODUCTS AND SERVICES LOCATED IN PARTICULAR DESTINATIONS, NÁAY TRAVEL DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.

THE INFORMATION AND SERVICES PROVIDED OR REFERENCED ON THE SITE ARE PROVIDED "AS IS" AND WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH THE USER. IN NO EVENT SHALL NÁAY TRAVEL, ITS AFFILIATES AND/OR THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR ACCESS TO THIS SITE OR THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS AND SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF NÁAY TRAVEL, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

If, despite the limitation above, Náay Travel, its affiliates or their respective suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then Náay Travel, its affiliates or their respective suppliers liabilities will in no event exceed the greater of the total related rental revenue paid by you at the time of the occurrence or USD $100.00.

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Cabo San Lucas, B.C.S.