Terms and conditions

This agreement establishes the terms and conditions (“Terms and Conditions”) through which Smile and Go, S.A. de C.V., (“Smile”), through its website www.smileandgo.mx (“Website”); makes available to you (the “User”) the ground transportation services, tours, tourist packages and any other service offered in our Website.

The User must read the present Terms and Conditions and accept them at the moment of accessing the Website.

Smile reserves the right to make any changes, additions or modifications to these Terms and Conditions.

I. Services.

On our Web Site you will be able to create an account as specified below, in order to consult, purchase, modify or review any of the following services:

a) Passenger transfers.
b) Tours to the destinations indicated on the Web Site.
c) Tourist packages.

These services may be purchased for yourself or for third parties with your due acceptance; in case of not having the authorization of a payment or the withholding or cancellation of the payment by the bank through which you purchased your service, Smile may cancel the service or not allow access to these services without any responsibility for Smile, the User is solely responsible for obtaining and clarifying any situation regarding the means of payment chosen.

II. Web Site Login.

The User will be able to create an account on our Web Site, to do so he/she needs to comply with the requirements set forth in this point, doing so will allow him/her to create a profile and an exclusive area on the Web Site to manage, review or cancel his/her reservations.

The minimum requirements to create your account are as follows:

1- User name and password. The User must register on our Website by providing at least the following information: (i) valid email address; (ii) full name, (iii) address, (iv) password, (ivi) payment method and (v) any other information indicated by Smile on the Website. Once registered, you will be issued an ID via e-mail to access your account through our Website. You must safeguard and keep confidential such user ID and password at all times and not disclose it to anyone other than authorized employees and representatives, and you are solely responsible for the use of your ID and password.

2- Corporate Account. If you are registering an account on behalf of a corporation (or any legal entity other than an individual), you represent that you have the authority to bind that legal entity.

3- UNAUTHORIZED USE. IN CASE OF ANY UNAUTHORIZED USE OF THE ACCOUNT, THE WEBSITE OR ANY OTHER SECURITY VIOLATION, YOU MUST NOTIFY SMILE BY E-MAIL

contacto@smileandgo.mx IMMEDIATELY, ADDITIONALLY, SMILE MAY SUSPEND OR TERMINATE WITHOUT

NOTICE THE USER’S ACCESS WHEN IT DETECTS ANY UNAUTHORIZED USE OR ANY ANOMALY.

4- Correct use of the Website. The User declares, accepts and guarantees that he/she will use the Website only for the acquisition of Smile’s services or for consultation purposes, and undertakes to comply with all applicable laws and regulations.

5- The User shall not, directly or indirectly: reverse engineer, decompile, disassemble or attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Web Site or to any software, documentation or data related to the Web Site (“Software”); modify, translate or create derivative works of the Software (except to the extent expressly permitted by the Company or authorized within the Web Site); use the Web Site, or remove any notices or labels from the Web Site.

6- The user declares, accepts and guarantees that he/she will use the Web Site only in accordance with these Terms and Conditions, applicable laws in Mexico and any other applicable regulation.

7- Smile reserves the right to initiate legal action against Users, as a consequence of the commission of any offense related to the Website or the use of unauthorized trademarks.

III. Transfers, Tourist Packages and Tours.

a) Tour Packages and Tours. In relation to the information of the services of Tours or Tourist Packages offered through the Website or by third party sites listed in our directory, linked or connected, these are provided by individuals or legal entities independent from Smile, being the sole responsibility of the provider that offers them, therefore, under no circumstances shall Smile be considered as the supplier, seller or provider of such services. Therefore, the User hereby expressly releases Smile from any matter related to the foregoing, and Smile assumes no responsibility for any damage that may be caused to the User or his/her companions.

In the latter case, the User, at the time of booking, shall enter into a direct contractual relationship with the supplier with whom he/she has booked the activity. Smile shall act only as a mere intermediary between the User and the supplier, limiting itself to transmitting the relevant booking data to the supplier and sending the User a booking confirmation email on behalf of the supplier.

b) Transfers. Smile offers through the Website a pick-up and drop-off service that allows the User to have a private or shared vehicle to pick him/her up and transfer him/her from one point to another within the destination cities where Smile offers this service.

IV. Confidentiality.

All information that Smile collects from the user is treated with accordance with the applicable legal provisions and the Privacy Notice.

V. General conditions for transfer reservations.

All transfers promoted on the Web Site are subject to the following conditions:

1- The transfer service offered by Smile is private, therefore, the vehicle can only be used by the User and the companions added in the reservation; in case the service is code-shared, it will be established at the time of purchasing the service.
2- The rates shown on the Web Site are valid only at the time of quotation and are subject to change without notice.
3- At the time of booking you authorize in writing and/or verbally to use your credit card number or the chosen means to make your payment, and expressly confirm to know and accept our reservation policies, payment process, Privacy Notice, disclaimer of liability and cancellation set forth herein.

VI. Reservation policies.

At Smile we have made it easy to process and book tours, excursions and transfers and other services for the User to choose from within the options contained in our Website. Smile does not provide or own any service and/or accommodation unless previously specified.

The user confirms that he/she is old enough to legally use this Website, as well as to be bound in terms of Mexican law. The User acknowledges and accepts that he/she is financially responsible for the services he/she contracts through the intermediation of this Website.

For transfer service the client must confirm the exact address of the service. The client will have up to 24 hours before the chosen time to confirm the place, date and time. In case of not confirming the service within that period, it will be considered as a cancelled service and will be subject to the provisions of paragraph VIII, and without any responsibility for Smile.

VII. Payment process.

The booking of Smile’s services shall be deemed formalized once the Users have completed and accepted the activity or transfer booking form and it has been confirmed via e-mail.

The payment process will be done by using Open Pay SA de CV payment manager.

Prices shall be those indicated by Smile at the time of booking the activity or transfer chosen by the User. All services must be paid at the time of booking by credit or debit card.

In general, Smile makes the complete payment through the Website for the activity, excursion, guided tour and/or transfer booked by the User. However, it may also be established for certain services that the payment is made at the place where the service is presented, this option will be specified at the time of booking.

The price for your reservation may be expressed in Mexican pesos, dollars or euros or any other currency specified at the time of making the reservation, the total amount will be indicated at the time of the final confirmation of the contracting of the service.

In general, Smile will not apply discounts in the provision of its services, unless this is established in the terms and conditions of the activity, excursion, guided tour and/or transfer in question.

After contracting the reservation, Users will receive a confirmation email confirming the payment of the contracted service and will be provided with a purchase receipt for the contracted services. The User must take into account that such purchase receipt is not equivalent to the issuance of the invoice corresponding to the contracting of the services. The User will be able to request the invoice once he/she has formalized his/her reservation through the Website at www.smileandgo.mx.

VIII. Cancellations.

Regarding Tour and Excursion services, cancellations must be made at least 48 hours prior to the date of the contracted service, no-shows or late arrivals will not be reimbursed.

Regarding the transfer services the User must make the cancellation at least 24 hours prior to the service, in this case 100% of the cost of the ticket will be refunded, if you make a change with less time will be subject to the provisions in paragraphs a), b), c) and d) below and we are not responsible if you get to miss your return flight.

a) Cancellation more than 36 hours before the scheduled service as stated in the ticket will not generate any charge.
b) Cancellation 24 to 36 hours prior to the scheduled service as established in the Ticket will generate a charge of 25% of the value of the contracted service.
c) Cancellation 12 to 23 hours prior to the scheduled service as established in the Ticket will generate a charge of 40% of the value of the contracted service.
d) Cancellation 12 hours or less prior to the scheduled service as stated on the Ticket is non- refundable.

Smile is not responsible for objects left in the unit that provided the transportation service.

In case a passenger forgets an object, the passenger must request support in the telephone numbers ¨[__* ] for verification, all measures will be taken to find the object, in case it is confirmed the delivery will be arranged, any mailing is at the expense of the customer. The objects are kept in our facilities for a maximum of 2 months after which we are not responsible for the object.

IX. Reimbursement.

Smile undertakes to refund 100% of the payment for the return service in the event that this has not been fulfilled in time, place and manner due to Smile’s responsibility or Smile will only cover the

payment of the cab service to reach the indicated destination, in the event that the second option is applied, the Client must send a copy of the tax receipt for the payment of this service.
Smile has no control over the terms of reimbursement of services, these will be subject to the policies of the issuing bank of your credit or debit card through which you contracted the service.

X. “No Show Status:

Airport – Hotel services, waiting time for the passenger 2 hours from the flight arrival time or the arrival time reported by the passenger.
Hotel-Airport services, the tolerance time is 10 min. after the established pick up time, the passenger must be with luggage and Check Out ready at the lobby entrance, if there is no contact, the operator reports the “No show” with Bell boy, reception or hotel staff leaving a slip with the information of the service”.

XI. Modifications.

In case you require any modification (zone change, unit upgrade, extra passengers, date change) in your reservation, you must contact our Contact Center Department at least 48 hours in advance:
+52 998 152 4386 (WhatsApp messages available) & +52 998 478 0010 or by our email account
contacto@smileandgo.mx from 08:00 to 20:00 hours.

Flight changes or delays should be reported as soon as possible, otherwise passenger reception and after-hours service is subject to availability.

All changes are subject to the availability of the operation.

XII. Affectation by third parties.

Without prejudice to the liability for services Smile shall not be liable for the following:

1- Cancellations made after the deadline by Users. Smile shall not be liable under any circumstances for refunding the amounts paid by its Users when they have not complied with the cancellation deadline provided for in these Terms and Conditions.
2- For any delay due to traffic, including but not limited to accidents, road closures due to events, demonstrations or any other event that may cause a delay in your arrival at the hotel or airport.
3- Delays or mistakes made by the User to reach the meeting point of the activity, excursion, guided tour and/or transfer booked. In other words, Smile shall not assume any responsibility if the User misses the activity or transfer booked due to lack of punctuality and/or not being at the meeting point.
4- Any kind of theft from the User or family or friends during an excursion or during any part of the package.
5- Cases in which the Provider denies the User access to the corresponding activity, excursion and/or guided tour when he/she does not present him/herself in a suitable state or does not accredit the confirmation of his/her service.
6- For injuries, damages and accidents that the User, family or friends may suffer during the enjoyment of the activity, excursion, guided tour and/or reserved transfer, as well as those injuries, damages and accidents suffered by the User prior to the service and that have prevented him/her from enjoying it.
7- Cases in which the vehicle reserved for the transfer does not go to the pick-up point when the information provided by the User regarding the pick-up times and pick-up point is erroneous or misleading.
8- For the loss of flights, trains, buses or any other means of transportation, as a consequence of not having requested the transfer service with the advance notice recommended by Smile. The User is solely responsible for knowing the departure time of his/her flight/train/bus and requesting the pick-up service with sufficient time.
9- The weather conditions in which the Supplier carries out the activities, excursions and guided tours booked by the Users. Under no circumstances shall Smile be responsible for these circumstances, so the service shall be understood to have been correctly provided.
10- Complaints and claims regarding the service contracted by the User with a third party through our Website, since these must be handled with the service provider, without prejudice to Smile’s ability to collaborate with the User to address their claims.
11- If the User or any member of his/her family or friends who have jointly purchased the service and any of them does not accept to receive the medical assistance, emergency or transfer services to any hospital provided by Smile, he/she must sign at that moment the liability waiver provided by the driver of the unit that is performing the transfer or any other Smile employee.

Likewise, Smile does not grant any guarantee and shall not be liable, under any circumstances, for damages of any nature that may arise from access to or use of the content or the Website. Among others, and by way of example and without limitation, Smile shall not be liable for the following circumstances:

12- Lack of availability, maintenance and effective operation of the Web Site and/or its services or contents, as well as for damages of any nature that may be due to the lack of availability or continuity of the operation of the Web Site.
13- Technical failures attributable to third parties or force majeure that prevent the proper functioning of the Website.
14- Cases of force majeure, understood as the failure, suspension or interruption of the services or use of the Website, as a result of the blocking of the Internet network, actions or omissions of third parties, or any other causes or circumstances beyond Smile’s control that prevent the normal use of the Website.
15- The illicit, negligent, fraudulent use, contrary to the terms of the present General Conditions of Use, or to the good faith, of the Web Site, on the part of the Users.

XIII. Force majeure

Smile shall not incur any liability whatsoever, nor shall they be subject to the imposition of penalties arising from the breach of any of the provisions contained herein, provided that it is caused by an act of God or force majeure, understood as such, the event that is beyond their control, that cannot be foreseen, or that even if foreseen cannot be avoided and that prevents in an insurmountable manner the performance of the obligations due under the provisions of this document or the law, In such case, the affected party shall communicate to the other party in writing and within five (5) working days following the event, all the information related to the same, in order to make the corresponding decision.

XIV. Intellectual Property

All rights to the content, design and source code of this Website and, in particular, including but not limited to, all rights to the photographs, images, text, logos, designs, trademarks, trade names, data included on the Website and any other intellectual and industrial property rights are owned by Smile, or by third parties who have expressly authorized Smile to use them on the Website.

 

 

Smile does not grant any license or authorization of use of any kind on its intellectual and industrial property rights or on any other property or right related to the Website, and in no case shall it be understood that access and browsing by Users implies a waiver, transmission, license or total or partial transfer of such rights by Smile.

XV. Applicable Legislation.

Unless otherwise specified herein, these Terms and Conditions shall be governed by and construed exclusively under the laws of the United Mexican States, submitting to the jurisdiction of the Courts of the City of Cancun, Quintana Roo, waiving any other jurisdiction that may correspond by virtue of current or future domicile and waiving any right to the extension of jurisdiction, even if any of the parties were to initiate a multi-party litigation, in which Taxi Naranja is involved, the express submission to the Courts of Cancun, Quintana Roo, as expressed herein shall prevail in all its terms.

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