Pursuant to the relevant legal provisions provided for by the Mexican Tourism Law, the rules thereof, directives, and other applicable legal provisions, both in Mexico and abroad, the following general and liability covenants are provided, which covenants shall regulate the services among the passenger or user (the “Client”) on the one hand, and the Travel Agency Condor Verde Travel S. de R.L. de C.V. (the “Agency”) and the service entities on the other hand, such as airlines, hotels, ground transportation companies, restaurants, guides, and other services hereunder related to tourism (the “Providers”).

First: In case of any claim as a direct or indirect result of the provision of services to the Client by the Providers, the Agency shall, upon request, help the Client to receive, as a reimbursement from the Providers, the sums paid on account of services which were not rendered or poorly rendered. Under no circumstances whatsoever, may the Client seek, and herein expressly waives the right to do so, any indemnification, except with respect to the aforementioned reimbursement.

The Client understands and agrees that the services provided by the Agency and the Providers are strictly civil or commercial. Therefore, the Clients hereby expressly waive any criminal actions or claims against the Agency and the Providers for any default, and differences shall be settled under civil or commercial jurisdiction. Both parties agree that for all contracts, these conditions and responsibilities of the Agency will apply exclusively. The legal domicile for all kinds of disputes is the court of competent jurisdiction at the site of Condor Verde Travel S. de R.L. de C.V. (Mexico City, Mexico).

Second: Should the Agency act as organizer of individual tourism packages, individual tours, group packages, special group packages including Incentives, Events, Conferences and Congresses, consolidating herewith the services provided by the Providers, and the Agency provides the Client with such services, and the Providers shall be hired under the conditions of such services, then the following terms shall govern:

Reservation Conditions: Reservations for any tourism package shall be made at least thirty (30) days before the trip. The Agency reserves the right to require that the Client deposit a minimum installment of twenty-five percent (25%) out of the value of the tourism package agreed upon.

Cancellations and penalties: Cancellations shall be accepted upon a written notice forwarded at least twenty-four (24) hours in advance by the Client to the Agency. In case the Client fails to travel as agreed, the Agency shall reimburse the remainder of the installment, following deduction of the expenses on account of cancellation (set by the Providers), plus the maximum amounts as follows:

a) If the Client waives the trip from fifteen (15) to twentyone (21) working days before arrival date, thirty percent (30%).

b) From seven (07) to fourteen (14) working days before arrival date, sixty percent (60%).

c) From six (06) working days to arrival date, the Client shall lose the total amount for the trip (100%).

Airline tickets are non-refundable.

The above conditions apply for individual travelers up to 9 pax. Group series, special groups, incentives, events, conferences are subject to special conditions that shall be revised on a case-by-case scenario.

Should the aforementioned installment not cover the expenses on account of cancellation, the 10% working fee of the Agency or the mentioned cancellation fee, then the Client must cover these expenses, to allow reimbursement and avoid further penalty fees.

Should the Client not have paid an installment, then he is obliged to cover all charges according to the aforementioned conditions (cancellation expenses by Providers, working fee, maximum cancellation fees).

Remark: For last minute cancellations, it must be taken in consideration that our office is closed on Saturdays, Sundays and National Holidays.

Reimbursement: The reimbursement shall be arranged through the Agency as soon as the Client notifies in writing his intention of not traveling. Once the Client starts traveling, no amount shall be reimbursed for any service not used by the Client. Claims shall be accepted upon the service vouchers and/or a certification provided by the Providers and same shall be presented within thirty (30) days following the services final date. In the event the Agency or the Providers shall cancel or suspend a portion of the services during the trip, the Client shall only be entitled to the reimbursement of the uncovered portion.

The parties hereto expressly agree, and the Client accepts, that in case the services agreed upon with or through the Agency are paid in foreign currency, the amount shall be reimbursed in Mexican Pesos (MXP) at the exchange rate effective as of the date the payment was made.

Documents: The Client shall bear a passport and the visas needed under the selected itinerary. When applicable, the Client shall have the necessary sanitary certificates. Any breach by the Client of the foregoing shall make the Client lose his right to reimbursement and take the consequences of such default, including the possible denial by the authorities of the entry of the Client to any country.

Luggage: The Client shall be responsible for his luggage and other personal effects. Therefore, under no circumstances whatsoever the Agency shall be accountable for any luggage lost or stolen. The Client shall be advised to acquire an insurance policy to cover the aforementioned liability.

Change of itinerary and hotels: The Agency or the Providers can, for security reasons or in the event of force majeure or act of God, modify the itinerary and replace the hotel with another hotel of similar status and comfort, as well as the departure times.

Representations and Warranties:  The Agency represents and warrants that it acts only as an intermediary between the Client and the Providers, i.e., the entities or persons responsible for providing the services set forth in the itinerary. Therefore, the Agency shall not be accountable or legally liable for any damage, injury, unexpected occurrence, delay/schedule change or irregular events that may affect during the provision of the services the persons who travel under the assistance of the Agency, the luggage and other articles owned by such persons, arising out of bad weather or any other force majeure, act of God, circumstance beyond the Agency's direct control and which, therefore, cannot be imputed to any parties hereto. Client shall be responsible for own insurance cover including bodily injury or property damage or civil liability, beyond the legally requested by Mexican law to the Provider. Agency shall only act as intermediary between Client and insurance company in any case. Regardless of the transportation used by the Client, such transportation shall be governed by the laws of the country where same was registered in case of an accident. The travel ticket shall be the only commitment binding upon the carrier and/or the Client. Therefore, said commitment shall be subject to the covenants contained in the agreement and the Agency shall not be a part to said agreement.

Currency fluctuations and taxes: All prices are based upon the current exchange rate and shall depend on currency fluctuations and the exchange market, as well as the current taxes imposed by Mexican fiscal legislation. Therefore, the Client hereby pledges to pay any difference resulting from any variation or adjustment in the tariffs of the services or government taxes, until the provision of such services.

Payments: Service providers in Mexico usually insist on deposits to be paid at fixed dates in advance. Should these pre-payments not be received in time according to the contract, reservations will be cancelled despite previous written confirmation. If there are any special deposit requirements different to those mentioned below, the Agency will inform this at the time of confirmation.

To guarantee reservations, the following payment schedule applies (please consider that money transfers may take up to 5 banking days):

a) Groups from 10 persons on (up to 25 rooms):

1. Deposit of 50% due 35 days days prior to arrival.

2. The residual amount is due 14 days prior to arrival.  

Large groups and special groups (i.e. Incentives, Events, Conferences, Congresses) are subject to special conditions.

b) Individuals up to 9 persons: If no special requirements apply, full pre-payment is due 45 days prior to arrival.

Special payment conditions: during National Holidays (for example Christmas Holidays, Easter Holidays, State Anniversaries) or special public events at a specific destination within Mexico, different (usually stricter) payment conditions may apply, that will be informed to the Client latest upon the confirmation of services.

Bank transfer fees: Payments will be made via wire transfer or SWIFT. The Client hereby agrees to cover their own bank transfer expenses and additionally pay the bank transfer fee charged on the Agencies invoice, to cover the incoming wire transfer fee generated by the Agencies bank. Any delayed payment receipts and its consequences are at the risk of the sender. Delayed payments are subject to a monthly interest rate plus tax, according to the Mexican money market.

Agreement: The Client hereby agrees to these Hiring General Covenants and this acceptance shall be ratified by any of the following acts:

a) Any payment of the services before the trip.

b) The acceptance of the new invoice for the services directly hired by the Client or by any dependent or any person directly or indirectly related to the Client.

c) The use of any portion of the services hired.