General terms and conditions

Acceptance

The Client's request, purchase, payment or receipt of the booking confirmation implies knowledge of, agreement with and full acceptance of these General Terms and Conditions, as well as of the change and cancellation policies of the final suppliers of the services. The Agency makes this Agreement available to the Client in advance and attaches it to every travel confirmation.

Glossary

For the purposes of this Agreement:

• a) The Agency: Lago Travel Services, the provider that acts as intermediary for, contracts and/or offers the Client travel services or products in return for payment of a fixed and determined price.
• b) The Client: the consumer who travels temporarily away from their usual place of residence and who uses any of the travel products or services, in return for payment of a fixed and determined price.
• c) Booking confirmation (Annex): the document issued by the Agency listing the travel services booked and their prices. For all purposes, the booking confirmation constitutes the Annex to this Agreement.
• d) Final supplier: the airline, hotel, tour operator, car rental company, carrier or any other provider that directly supplies the travel service and whose policies govern its change and cancellation conditions.
• e) Travel service: the commercial service that meets the traveller's needs in conditions of value, safety and comfort, as described in the booking confirmation.

Agency details

The Agency is an individual of Mexican nationality with legal capacity to be bound on the terms of this Agreement, registered in the Federal Taxpayer Registry under number MECA910627CT1 and holder of the current certificate evidencing its registration in the National Tourism Registry under number 041403096F042. Its business purposes include intermediation services as a travel agency, and it has the infrastructure, technical resources and trained personnel to meet its obligations.

Address and customer service: Carretera Oriente 58C, Ajijic, Chapala, Jalisco, Mexico, C.P. 45920, telephone +52 333 184 4534, email info@lagotravelservices.com, open Monday to Friday from 09:00 to 17:00 and Saturdays from 09:00 to 14:00. For queries, clarifications and complaints, as well as for guidance services, which are provided free of charge, the Agency designates the same address and contact details.

First. Purpose

The purpose of this Agreement is for the Agency to act as intermediary for, contract or offer the provision of Travel services, as detailed in the booking confirmation, in return for payment by the Client of a fixed and determined price. The Agency acts solely as an intermediary between the Client and the final suppliers of the services.

Second. Price of the service

The total price payable by the Client in consideration for the Travel service is the amount stated for each item in the booking confirmation. That amount covers all sums and items relating to the Travel service, and the Agency undertakes to honour that cost, without charging any additional amount or making the provision of the service conditional on the purchase of anything else not requested by the Client, unless the Client authorises any further charge in writing.

Third. Method and place of payment

The Client shall pay for the Travel service on the terms agreed, which may be:

• a) In full: in cash, by debit card, credit card, bank transfer and/or cheque, at the Agency's premises, in Mexican pesos, without prejudice to paying in foreign currency at the exchange rate published in the Official Gazette of the Federation on the day payment is made.
• b) In instalments: by prior arrangement with the Agency, which shall give the Client written details of the dates and partial amounts to be paid.

Where the Client pays by cheque and the cheque is not honoured for reasons attributable to the drawer, the Agency shall be entitled to charge an additional 20 % (twenty per cent) of the value of the instrument by way of damages, in accordance with article 193 of the General Law on Negotiable Instruments and Credit Transactions. The Agency undertakes to issue and deliver to the Client the invoice, receipt or tax document covering the charges made, in accordance with applicable law.

Fourth. Bookings and payments

Every booking requires a deposit specified by the Agency, payable in Mexican pesos — without prejudice to paying in foreign currency at the exchange rate published by BBVA México on its exchange rate and financial information page, the institution with which the Agency holds its bank account, in force on the day of payment — in order to secure the air space and request the ground services. Once all services are confirmed, the Client must settle the full final payment.

Fifth. Obligations of the Agency

The Agency undertakes to:

• a) Comply with the provisions of this Agreement.
• b) Deliver to the Client the booking confirmation and, where it makes hotel, car or other service reservations, the voucher and the number or reference supplied by the final supplier.
• c) Provide the information requested by the Client in relation to the Agreement and the Travel services.
• d) Request and contract the Travel services on the Client's behalf, subject to availability, acting as intermediary between the Client and the final suppliers.
• e) Deliver to the Client the air, coach, rail, car rental, boat or cruise tickets when these are provided by the transport company, or indicate where they may be collected.
• f) Assist the Client in obtaining the services needed to resolve an emergency or, where appropriate, return transport, where the Travel service is not provided as agreed for reasons attributable to the Agency.
• g) Assist the Client in claiming from the final supplier any compensation due.
• h) Compensate the Client where the Travel service is not provided for reasons attributable to the Agency, by refunding the amounts paid and covering the corresponding transport plus the liquidated damages; or, at the Client's option, by immediately obtaining services with the same specifications as those agreed, plus the liquidated damages.

Sixth. Obligations of the Client

The Client undertakes to:

• a) Comply with the provisions of this Agreement.
• b) Provide the Agency with true and correct details of their age, sex, first name and surnames and, where applicable, those of their travelling companions, in full, for the purpose of building the itinerary and booking ground and air services (hotels, excursions, car rental, coach, aircraft, restaurants). The Agency shall not be liable for errors, charges or penalties arising from incorrect or incomplete information provided by the Client.
• c) Make payments as agreed.
• d) Observe the rules, regulations and conditions established by each of the final suppliers of the Travel services.
• e) Provide in good time the documents necessary for the provision of the service, such as passport, visa, permits and vaccination records. It is the Client's sole responsibility to hold valid and sufficient immigration and health documentation for their trip.

Seventh. Term

This Agreement shall remain in force for an indefinite period, while the Travel service is being provided and for as long as the payment obligations remain outstanding, during which time it shall have full legal effect.

Eighth. Force majeure

Acts of God or force majeure means those events or occurrences beyond the control of the Parties, provided that they are unforeseeable, irresistible, insurmountable and current, and do not arise from negligence or provocation by either Party. Neither Party shall be liable for non-performance arising from such causes.

Ninth. Changes

The Client may not change dates, routes or services without the prior authorisation of the Agency and of the final supplier of the service. Whether any change is possible, and its cost, are subject to the final supplier's policies in force; where there is a cost, it shall be notified and borne by the Client. The Agency may alter the order of the Travel services for their better execution, provided that it preserves the quantity and quality of what was contracted, with the Client's written authorisation.

Tenth. Cancellation

The Client shall at all times be subject to the cancellation and change policies and guidelines in force of the airlines, hotels and other final suppliers of the travel services contracted through the Agency's intermediation. Cancellation shall only be possible where the fares booked are, by their nature, cancellable under the final supplier's policies.

Administrative costs. In cases where the final supplier does permit cancellation and the cancellation is granted, the Agency shall charge 15 % (fifteen per cent) of the total booking value by way of administrative handling costs. This amount is separate from and independent of any penalty or retention applied by the final supplier under its own policies, and separate from the liquidated damages provided for in Clause Twelve, which apply only in cases of breach of contract.

Cancellations must be requested in writing at the address stated in this Agreement or by email, the date of revocation being the date of receipt. Cancellation applies provided that the Travel services have not been provided to the Client and that they have not been documented or issued with the final supplier. The Agency shall reply within 48 (forty-eight) working hours of receiving the request.

Eleventh. Grounds for termination

The grounds for termination are: (a) that either Party fails to comply with the provisions of this Agreement; and (b) that the Service provided does not correspond to what was agreed and/or requested by the Client, for reasons attributable to the Agency. In the event of termination, the Party in breach shall pay the liquidated damages provided for in Clause Twelve.

Twelfth. Liquidated damages

In the event of a breach by either Party of the obligations under this Agreement, the Party in breach shall be liable for liquidated damages equal to 20 % (twenty per cent) of the total price of the Travel service, excluding Value Added Tax (IVA), without prejudice to the right of the Parties to choose between requiring performance of the Agreement or terminating it. These liquidated damages are independent of, and are not cumulative with, the administrative cancellation costs provided for in Clause Ten. Payment must be requested in writing and made within 5 (five) working days of receipt of that request.

Thirteenth. Privacy notice

In compliance with the Federal Law on the Protection of Personal Data Held by Private Parties, the Agency makes available to the Client its privacy notice, available at www.lagotravelservices.com, together with the procedure for exercising the rights of access, rectification, cancellation and objection ("ARCO" rights) in relation to the processing of their personal data.

Fourteenth. Electronic contracting

The Parties agree that, in place of an original handwritten signature, this Agreement and any related document may be perfected by the request for, purchase of or payment for the services, as well as by electronic, digital, numerical, alphanumerical, biometric or any other form of signature. Such means, and the records in which they are applied, shall be treated for all purposes — including, without limitation, civil and commercial legislation, consumer protection law and Mexican standard NOM-151-SCFI-2016 — as having the same force as an original handwritten signature. All information sent by the Agency to the email address, WhatsApp number or any other written communication channel provided by the Client shall be deemed delivered at the time it is sent, provided there is confirmation of receipt.

Fifteenth. Jurisdiction

For all matters relating to the interpretation, application and performance of this Agreement, the Parties agree to submit, in administrative proceedings, to the Federal Consumer Protection Agency (PROFECO) and, should differences persist, to the jurisdiction of the competent courts of the City of Chapala, Jalisco, waiving any other jurisdiction to which they might be entitled by reason of their present or future domiciles.