This agreement describes the general terms and conditions (the "Terms and Conditions") applicable to the use of the services offered by HABITA TRIPS, as well as its affiliates and subsidiaries (the "Services") within the site http://habitatrips.com/ (the "Site"). Any person wishing to access and/or use the Site or the Services may do so subject to the Terms and Conditions, together with all other policies and principles governing Habita Trips.

Any person who does not accept these general terms and conditions, which are mandatory and binding, should refrain from using the site and/or services.

I. OBJECT

By means of the present Site, Users are granted the facilities required for them to access and use the Applications and Contents available in the Site and to have access to information regarding the travel agency services provided by Habita Trips that are available with respect to the Tourist Services.

The use of the Site gives the User the quality of User and implies full and unreserved acceptance of each and every one of the provisions applicable to the Services, which are in force at the time of such access and/or use (such as rules of use, regulations, licenses of use and instructions), determined by Habita Trips and/or any third party that is duly entitled to exercise rights in respect of the Applications that are made available through the Site, so that such rules of use, regulations, licenses of use and instructions may replace, supplement and/or modify this instrument. These Terms and Conditions may be modified from time to time by Habita Trips.

Some of the Services may be subject to special terms and conditions (hereinafter, the "Special Conditions") which, as the case may be, replace, complete and/or modify the present document. Said Special Conditions shall be made known to the User at the time he/she wishes to use such services. Consequently, the use of such services shall be subject to the terms and conditions set forth in this instrument and the corresponding Particular Conditions.

Except where expressly stated otherwise, any new applications that augment or enhance The Services, which are owned by Habita Trips and/or any third party, shall be subject to these Terms and Conditions, as well as those determined by the third party.

II. CONDITIONS OF USE OF THE SERVICES

In order to use the Services, the User must: (i) have a computer equipment that meets the minimum requirements necessary to make use of the existing applications on the Site; and (ii) have access to the World Wide Web, in which case the User shall be solely responsible for any related fees or expenses to connect to or use the Internet for the use of the Services.

The User, when using the Services, shall: (i) comply with applicable laws; and (i) immediately notify Habita Trips if it becomes aware of a security problem related to The Services.

The User shall refrain at all times from using any of the information for purposes or effects other than those authorized in this instrument.

The User acknowledges and agrees that Habita Trips shall not be liable for any delay, deletion, error in delivery or failure to receive any Content.

III. TERMS AND CONDITIONS

The use of the Services by the User implies unconditional, full and unreserved acceptance of these Terms and Conditions, including without limitation the following conditions:

1. That the User is aware of the nature of the Internet, the Terms and Conditions governing the Services and its limitations, as well as its technical qualities and response times for consulting, interrogating or transferring data and information.
2. That the User acknowledges and accepts that there are social, political, cultural, economic and other phenomena that may cause, at a given moment, an extraordinary increase in the use of the Internet, in such a way that the operating conditions of the Services may be affected, causing a temporary saturation that could generate slowness in the execution of the Services.
3. It understands that the Internet is a network of networks, and the paralysis of another network may reduce or even prevent the execution of the Service.
4. That some data circulating on the Internet are not protected and can be exposed and diverted, so that the dissemination of access codes, personal codes, bank account numbers, credit card numbers and moreover, of any confidential information by the User, will be at his own risk and under his sole responsibility.
5. That the data circulating on the Internet may be subject to regulations regarding their use or protected by an intellectual property right, so that the User shall be solely responsible for the use of the Content and/or data that he/she consults, interrogates or transfers on the Internet.
6. Habita Trips shall not be responsible for the accuracy or quality of the Content, information or services that the User may obtain or receive through the Site or the Services.
7. Habita Trips will not be responsible for any damage and/or harm that the User may suffer, including but not limited to, loss of information, deconfiguration, delays, non-deliveries, wrong deliveries or interruption of the Service.
8. That the use of any Content, information, data, etc. obtained through the Service is at the User's sole risk and responsibility.
9. That the User acknowledges and agrees that any Content, information, product, service and/or application available through the Internet, other than those that are clearly and accurately identified as elements and/or Applications that are part of the Service, are provided by other users and/or third parties, so it will be the responsibility of that third party to maintain and support their information, products, services and/or applications, and consequently the User acknowledges that Habita Trips is not and will not be responsible at any time for the use, failures, loss or errors in them.
10. That it is the responsibility of the User to take all necessary measures to protect their property information, data and / or software, for access from the Internet to your computer equipment or contamination by viruses that are circulating on the Internet, so Habita Trips will not be liable for damages caused by viruses transmitted over the Internet.
11. That the Service may be discontinued at any time at the discretion of Habita Trips, if the User engages in conduct or practice that is unlawful or contrary to the provisions hereof.

The User acknowledges the use of the Internet as a public service of international character, therefore understands and accepts that Habita Trips is not directly or indirectly responsible for the administrative, technical or regulatory actions that third parties apply in their networks to protect the integrity of their information, content, systems, applications, users, etc.

IV. LIABILITY

Habita Trips is not the owner of the items offered nor has possession of them, however Habita Trips may hire third parties (providers that provide transportation services, hotels, restaurants, tour guides, among others), so in that case the User in this act relieves Habita Trips of any liability for damages, injuries, accidents, delays or irregularities that the User may suffer, the above derived from the fact that in certain cases Habita Trips will function only as an intermediary and will not provide the services mentioned here directly to the User.

The User acknowledges that: (i) will be responsible for achieving access to the Site; (ii) Habita Trips will not be responsible for unauthorized access to the Site through its Internet connection, computer equipment or mobile equipment with Internet access; (iii) the information transmitted through the Service, will be under its sole responsibility, so it expressly releases Habita Trips from any liability arising from unauthorized access, theft, damage, destruction or detour of information, files or programs owned by the User that relate directly or indirectly to the Service; (iv) Habita Trips shall not be liable for any damages (including, without limitation, damages for loss of data or profits arising out of or in connection with the use of the Services or the delay or inability to use the Services or any other services); and (v) Habita Trips does not warrant that the use or the results of the use of the Services will be correct, accurate, timely or otherwise reliable.

Derived from the above, the User agrees to remove and keep in peace and safe Habita Trips from any lawsuit, claim or legal action that may arise from the use of the Service and / or misuse of the Site and / or Applications referred to in these terms and conditions.

Also, the User acknowledges that Habita Trips may suspend the Services and / or User access at any time by law if the User misuses the Site or performs practices that are contrary to law, morality or these Terms and Conditions. The above, regardless of any action or claim that Habita Trips and / or any third party may come to exercise against the User responsible for carrying out such conduct.

V. LIMIT OF LIABILITY

Since Habita Trips acts solely as a travel agency and provides its services as a booking agent only and exclusively as an intermediary and not as a provider of tourist services, Habita Trips does not assume and will not assume any responsibility generated by any relationship with the User and the Suppliers. In this sense, the User releases Habita Trips from any liability for any failure or lack of compliance by the direct Provider or Providers of the tourist services, including without limitation any failure or compliance by airlines, hotels, temporary lodging providers, shipping companies and all kinds of vessels, water sports providers, car rental agencies, transportation agencies, tour operators, tour operators and tour operators of the tourist services, including without limitation any failure or compliance by airlines, hotels, temporary lodging providers, shipping companies and all kinds of vessels, water sports providers, car rental agencies, transportation agencies, tour operators and tour operators of the tourist services, transportation agencies, tour operators, diving instructors, golf instructors, swim with dolphins instructors, fishing instructors, adventure and extreme sports providers, water parks, ecological parks, and in general any failure or non-compliance on the part of all those tourist services that are provided directly by one or more Providers. However, Habita Trips may, at its sole discretion, provide contact information or address of the Provider, in order for the User to exercise the respective claim or the means of complaint that the User deems necessary.

Habita Trips, in its capacity as an intermediary agency, does not offer, nor will offer any guarantee on the services provided directly by the Providers, nor does it guarantee the financial position of the same or any reimbursement to the User caused by any loss experienced as a result of the financial condition of said Provider, including without limitation, the economic insolvency or bankruptcy in which said Provider may be declared. In the event that the Supplier fails to perform any of its services, the sole remedy for reimbursement shall be made directly to the Supplier that failed to perform its services, or may apply for insurance coverage if applicable, or to any other third party, unless such failure is directly caused by Habita Trips. Habita Trips assumes no liability to the User and therefore the User releases Habita Trips from all liability for acts, omissions or any type of complaint or dissatisfaction arising from the services provided by direct service providers on the Site advertised, since Habita Trips has no control or legal relationship over its personnel, equipment, operation or assets. In those situations in which the Provider fails to provide its services the User may attempt any remedy permitted by applicable law against the Provider.

In addition to the above, Habita Trips will not be responsible and therefore the User releases Habita Trips from all responsibility for: (i) typographical errors on the Site; (ii) the veracity of the drawings, designs, sounds, videos, descriptions, texts, graphics, photographs, links, or the content of some articles, shown on the Site, since Habita Trips has contracted third parties to provide such information (drawings, designs, sounds, descriptions, texts or photographs) and the same may not be updated, so that such information will only be illustrative in nature; (iii) the star rating assigned to the hotels and services, since such rating is based on the interpretation of Habita Trips and the Suppliers and therefore may differ from the categories reported by other persons or tourist guides; (iv) the descriptions of the travel services, since these may be modified by the Suppliers; (v) the failure of the User or third parties designated by the User as beneficiaries of the Tourist Services to obtain, carry or deliver the required documentation for their trip, including, but not limited to, tickets, reservation certificates, passports, visas, etc. (vi) failure by the User or third parties designated by the User as beneficiaries of the Tourist Services to comply with travel instructions including, but not limited to, airport departure times, hotel check-in and check-out times and dates, voucher redemption policies, Supplier regulations, etc. (vii) the lack of financial conditions on the part of the Supplier to provide the Tourist Service; (viii) with respect to the terms and conditions or policies and regulations of the Suppliers; and (ix) any other claim, cost, expense or loss that the User may suffer during the provision of the Services or the Tourist Services for causes not directly attributable to Habita Trips.

There is a possibility that the validity of some prices may have expired or come from information erroneously provided by the Suppliers with which our database is fed. In case the correct price is lower than the amount quoted, Habita Trips will apply the lower amount. In the event that the correct price is higher than the amount quoted, Habita Trips staff will promptly contact the user, informing the correct amount or recording the cancellation of the reservation at your request for not agreeing with the increase in price, expressly releasing Habita Trips and its suppliers from any liability or payment of compensation for inconvenience caused by such cancellation. In the event that the contracted services could not be provided in whole or in part by the Supplier, Habita Trips may only on certain occasions manage on behalf of the User the refund of the amount involved, being Habita Trips free of any liability or major commitment in cases where the refund for the total or remaining amount is not reimbursed by the Supplier.

VI. ACTS OF GOD AND FORCE MAJEURE.

In the event that any of the Tourist Services could not be provided partially or totally, or had to be cancelled, interrupted and/or postponed by Habita Trips derived from any event or circumstances beyond the control of or not attributable to Habita Trips, including, without limitation, war, acts of terrorism or other national emergency, civil uprising, fire, explosion, flood, hurricane, epidemic, pandemic, or other phenomenon of nature; prolonged general strikes affecting the total activity of any of the Parties, any injunction, decree, order, law or regulation of any public authority, Habita Trips will be limited to manage on behalf of the User, the refund of the amount corresponding to the service not provided to the corresponding Provider, being Habita Trips free from any liability or major commitment in cases where the refund for the total or remaining amount is not reimbursed by the Provider. In any case, at the discretion of Habita Trips, 10% of the total amount paid for the reservation may be retained as an administrative fee.

VII. INDUSTRIAL PROPERTY

The content that is available on the Site (including but not limited to trademarks, designs, logos, images, materials), are the exclusive property of Habita Trips and/or its subsidiaries and/or its affiliates, and are protected by the laws and treaties in force on industrial and intellectual property, so the User is not authorized to copy, remove, commercialize or to perform any act that aims to register or obtain ownership of the intellectual property rights contained in the Site, unless prior written authorization from Habita Trips.

In addition, the software and applications on the Site are owned or licensed by Habita Trips and/or its subsidiaries and/or affiliates and should never be used outside of the Site.

VIII. UNACCEPTABLE USE

Without prejudice to the provisions of other sections of this document, the User acknowledges and agrees that he/she may not use the Site in the following cases:

1. In the event that the use of the Site represents a violation of any national or international law.
2. To transmit or attempt to send materials from the Site without the express written permission of Habita Trips.

IX. MALICIOUS CODE, HACKING AND OTHER OFFENSES

The User shall in no case intentionally introduce to the Site, elements that may hinder its operation, obtain information from our partners and users, attempt to access the server, database, or computers where we store private information of the Services. In case of performing any of these activities, the User will be responsible for the payment of damages that Habita Trips may suffer, without prejudice that may be, in the opinion of Habita Trips, reported to the competent authority, whether national or foreign.

We will not be liable for any loss or damage caused by the activities of any third party or other users of the Site. Likewise, we are not responsible for any damage to your computer equipment, software, or data that may result from your use of the Site.

X. LINKS TO THE SITE

The User shall not link any web page to ours, unless there is a previous, written and specific authorization from Habita Trips.

The Site may have linked sites, such as hyperlinks (links), advertisements (banners), buttons, directories and / or search tools, among others ("Linked Sites") that allow access to third party pages that are not owned or operated by Habita Trips, therefore Habita Trips is not responsible for the availability of the material, accessibility or continuity of the Linked Sites, for the maintenance of the services, information, data, files, products and any kind of existing material and for the obligations and existing offers in such Linked Sites.

Also, the Site contains links to certain social networking pages, such as Facebook®, and specifically to the accounts within such social networking page managed by Habita Trips; the User acknowledges that such pages are solely for informational use and social dissemination of Habita Trips, and Habita Trips will not be responsible for the content, information, publication of third parties, comments, photographs, videos, trending topics, or any other material outside the scope of the direct administration of Habita Trips, nor for the material that, shared on such social sites by the User or any third party and outside the administration of Habita Trips, may violate any intellectual property rights. The User is responsible for the use that may be given to such sites, and therefore, the User releases and holds harmless Habita Trips from any liability incurred by any misuse or malicious use that may be made of them, or by publications, information, comments, and other material that could be offensive, insidious, misleading, pornographic or that could incite violence, rebellion, strike, or any activity not permitted by law and morality.

Habita Trips, its subsidiaries and/or affiliates do not control, approve or make their own the services, information, data, files, products and any kind of material existing in the Linked Sites. Consequently, the User must be extremely prudent in the evaluation and use of the services, information, data, files, products and any kind of material existing in the Linked Sites.

Derived from the above, the User acknowledges and agrees that Habita Trips, its subsidiaries and/or affiliates are excluded from any liability for damages that may be caused or have been caused by the accuracy of the information or quality of the services found on the Linked Sites.

XI. INDEMNITIES

Without prejudice to any criminal or civil liability that may be applicable and or other sanctions mentioned herein, the User shall indemnify Habita Trips from: (i) any loss, or damage, or cost incurred by Habita Trips in the event that the User misuses, attacks, installs a virus, damages or alters the information posted; (ii) any loss, or damage, or cost incurred by Habita Trips in the event that the User misuses, attacks, installs a virus, damages or alters the information posted, from any Linked Site; (iii) in the event that you upload illegal, amoral, false or unauthorized third party information to the Site.

Likewise, in the event that any criminal or civil liability could be generated against the user, the User at this time acknowledges and agrees that all information provided to Habita Trips will be provided to the competent authorities, national or foreign.

XII. PRIVACY POLICY

The User acknowledges and agrees that he/she has read the Habita Trips Privacy Policy, and agrees to be bound by its terms. Likewise, the User consents to the use of his/her personal information by Habita Trips or its third party suppliers and distributors in accordance with the terms of said Privacy Policy and for the purposes set forth therein.

XIII. OTHER TERMS AND CONDITIONS

The headings used in these Terms and Conditions have been inserted for ease of reference and should not be considered in the interpretation of these Terms and Conditions.

In the event that any provision of these Terms and Conditions is declared invalid by a court of law, this shall not affect the validity of the remaining provisions.

XIV. MODIFICATIONS

Habita Trips may modify the Terms and Conditions at any time by posting the modified terms. All modified terms will become effective 10 (ten) days after their publication. Upon expiration of this period, the User will be deemed to accept the new terms and the contract will continue to bind both parties.

XV. CONTACT

If you have any questions about this document, please contact Habita Trips:

Ciudad de Mexico

E-mail: help@habitatrips.com

URL: https://habitatrips.com

XVI. JURISDICTION AND APPLICABLE LAW

For the interpretation, execution and fulfillment of this document of terms and conditions the parties accept the application of the Civil Code for the Federal District and other applicable laws in such entity and submit to the jurisdiction and competence of the courts of Mexico City, Federal District, waiving any other jurisdiction that may correspond to them by reason of their present or future domiciles.

XII. LEGAL NOTICE

All rights reserved.

It is strictly forbidden to use, copy, reproduce, reproduce, distribute, publish, transmit, broadcast, or commercially exploit any of the content, photographs, logos, images, HTML, codes published on this site.

The use of the contents of this site shall be solely personal and non-commercial. No other use is permitted. You may not, including but not limited to, reuse the material for publication in any other media, particularly on any other Internet site.

Habita Trips is not responsible for the content of External Sites.

HABITA TRAVEL, S.A. DE C.V.

Av. Insurgentes Sur 730, Colonia del Valle, Benito Juárez, C.P. 03100 Ciudad de México

1-888-6520059