These Terms and Conditions (hereinafter the "Terms"), are a binding legal agreement between you and sailor.mx that govern the right to use the websites, applications and other offers (collectively the "Platform"). When these Terms use “marinero.mx”, “we” or “our” they refer to the person named CLC SOFT, S.A. de C.V., commercially identified as "marinero.mx", which is duly registered in the federal registry of taxpayers of the tax administration service of the Ministry of Finance and Public Credit of Mexico, under code CSO160819UAA, with offices located at * ***, operating under the electronic page https://marinero.mx.
Marinero.mx offers an online site that allows users registered with us (hereinafter the "Members") to publish, offer, search and reserve services, activities, tours, as well as a variety of recreational and other services. (collectively “Services”, and each offering of a Service “Ad”). Members who post and offer Services are referred to on the Platform as “Captain”, while Members who seek to book or use the Services are referred to as “Sailors”. You must register an account to access and use many features of the marinero.mx Platform, as well as ensure that your account information is accurate. As a provider of the Platform, we do not own, control, offer or administer any Listings, Services or nautical tourism services; marinero.mx is not a party to the contracts entered into directly between the Captains and the Sailors, nor is it a real estate agent, travel agency or insurer, marinero.mx does not act as an agent of any kind for or a Member.
If you are a Captain, it is your responsibility to understand and comply with all laws, rules, regulations and agreements with third parties that apply to the Services of your Listing(s).
In order to provide clarity to our Members, we put at your disposal the following glossary, which contains the meaning for the terms and expressions not defined until now, either singular or plural, of the words individualized in the Terms, having the meaning described here for the purpose of interpreting the content thereof.
2. Be a Sailor
You can search for the Captain's Services using criteria and filters implemented in the Platform, as well as indicating the destination of the Tour, the dates and the number of your Guests. You can also use filters to refine your search results. Search results are based on the relevance of the information you provide to us and our database. Relevance takes into account factors such as price, availability, Ratings, Sailor service and cancellation history, popularity, previous voyages and Saved Listings, Captain requirements (for example, minimum and maximum number of nights, Guests and Tours offered) and more.
By booking a Listing, you agree to the Total Price, you also agree that we through the Platform may charge the Payment Method (as defined in Section 4.11) used to book the Listing for the purpose of collecting Claim for Damages in accordance with the Terms of marinero.mx When you receive the confirmation of the reservation of the Service, you will be exclusively entering into a contract with the Captain for the Services that he provides (a "Reservation"), without any contractual relationship with us. In addition to these Terms, you will be subject to and responsible for complying with all the terms of the Reservation, including, without limitation, the cancellation policy and any other rules, standards, policies, requirements and information in the Listing or during the process reservation and payment that apply to the Reservation. It is your responsibility to read and understand these rules, standards, policies and requirements before booking a Listing. either. Please note that some Captains work with a co-manager or as part of a team to provide the Services offered in the Listing.
2.3 Service reservations.
A Service Reservation is a limited license to enter, occupy and use the Boat for the provision of the Services contracted on the Platform, in the presence of the Commander and, where appropriate, the Crew. The Captain and/or Commander reserves the right to re-enter the Boat Sailors and/or their Guests during their Reservation to the extent that: (i) is reasonably and legally necessary and possible, (ii) is permitted by their contract with the Captain and (iii) is compatible with the applicable legislation. If you stay after the effective date of the Reservation on the Boat, the Captain and/or the Commander has the right to make you leave in a manner consistent with applicable law, including imposing reasonable penalties for prolonged use of the Boat. You cannot exceed the maximum number of Guests allowed on the Boat, which will be according to the number determined by the manufacturer of the Boat.
2.4 Reservations of Services, Tours, Nautical Charters and Captain Products.
The Reservation of Services, Tours, Nautical Charters and Reservation Products with the Captain gives you the right to participate, attend or use said Services of the Captain. You are responsible for confirming that you and any of your Guests meet the minimum age, ability, physical and psychological condition or other established requirements. You are responsible for informing the Captain, Commander and Crew, of any medical, physical or other circumstances that may affect your ability to participate, attend or use the Captain's Service.
2.5 Acquisition of Products.
Sailors may choose to add Products to their Reservation, as long as they are published in the Announcement and/or on the Platform and these will be delivered at the time of boarding. Marinero.mx only provides the Captain with the technology to receive indications of acquisition of the Products by the Members. The Products are provided by the Captain and in no way marinero.mx is responsible for the legitimacy of said Products and/or the supply of the purchased products. Therefore, it is not our obligation to respond in case of non-compliance or incomplete compliance of the Products acquired with the Captain, all situations must be resolved with the Captain. However, marinero.mx informs that all Captains have been explicitly requested to meet the requirements for the acquisition of the products. Failure to comply with this obligation by the Captains implies that marinero.mx may unsubscribe and/or penalize them on our Platform. Through the Platform, Sailors will add products to their reservation and proceed to the payment corresponding to 100% (one hundred percent) of the price published in the Advertisement and/or Platform. Any change and/or modification that the Captains wish to make to the Products must be made on the Platform and in compliance with the Terms. If you have doubts, you can send us an email to email@example.com
2.6 Cancellations, Refunds and Modifications of the Sailor Reservation.
2.6.1 Cancellations, Refunds and Modifications of the Reservation
In general, if you as a Sailor cancel a Reservation, the amount that is refunded to you will be determined in accordance with the cancellation policy applicable to that Reservation. But, in certain situations, other policies take precedence and determine the amount to be reimbursed. If something beyond your control forces you to cancel a Reservation, you may be eligible for a full or partial refund in accordance with the Force Majeure Event Policy (as defined in Section 4.22). See each Additional Legal Term or Policy for details on what is covered and what reimbursement applies in each situation.
2.6.2 Reservation Modifications
Members are solely and exclusively responsible for any modification to the reservation that they agree to make through our Platform or that they direct customer service with us to make on their behalf (“Reservation Modification”), and they agree to pay any amount additional, commission or tax associated with any Modification to the Reservation.
2.7 Acceptance of Responsibilities and Risks Sailor.
You are responsible for your own acts and omissions and also for the acts and omissions of any Guest or person whom you invite to join or give access to the Boat, Product or Captain's Service. Without limitation, this means that: (i) you are responsible for personal property brought onto the Boat, (ii) you are responsible for paying all reasonable Damage Claim amounts necessary to cover damages you or your Guest(s) cause to the Boat and/or furnishings used to provide the Tours, Products and/or any Services, and (iii) you must act with integrity, treat others with respect and comply with the applicable laws at all times. If you are booking for a minor Guest, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of said minor and possible damage, injury or death of said minor.
You acknowledge that many activities carry inherent risks and agree that, to the extent permitted by applicable law, you assume the entire risk arising from your access to and use of our Platform and Ads, including your posting on any Boat, your participation in any Reservation, Service, Product or Tour, the use of any other Captain Service or any other interaction you have with other members, whether in person or online. This means that you are responsible for checking the Captain's Service(s) to determine if it is suitable for you and your Guests. Such services may involve risk of illness, bodily injury, disability, or death, and you freely and voluntarily assume those risks by choosing to participate in such Captain's Services.
Notwithstanding the foregoing, being a Navigator with us implies the express acceptance of these Conditions and the following duties:
• Always provide authentic, truthful and updated information about the personal data requested or any other type of information required to access, register, pay or any other function provided on the Platform or with us.
• Do not provide your password to anyone to ensure that you are the only person with access to the account you create with us as a Sailor, each registered account is non-transferable.
• Provide the data requested to marinero.mx to manage the process of Reservations, acquisition of Services or any other product advertised on the Platform.
● Accept that marinero.mx may transmit your Personal Data to the Captains, so that the object of this agreement and contracting of the corresponding Services is carried out and have the data of the people who will direct the Vessel or be Guests on it.
● Accept and be bound to comply with the Personal Data protection regulations of our Policies and Terms.
• Provide information and qualifications, if any, that may be reasonably requested.
• Pay the amounts corresponding to the Total Price.
• Use the Services correctly as agreed with the Captain.
• Accept and obey the instructions of the Commander and the Crew within the Boat at all times, you must not forget that the Commander is the authority of the Boat.
• You must provide only truthful information when rating the service received. In any case, marinero.mx reserves the right to accept, reject or withdraw ratings and opinions that do not comply with our Terms.
3. Be a Captain
As a Captain, we offer you the right and the Platform to offer your Services and Products with our Members, by publishing your Ads. When the Sailor makes a Reservation of his Ad on the Platform, we will inform him about it by the same means, notifying him of the details of the Reservation. For example, dates, maximum number of passengers, among others.
3.2 From the ads.
If you choose to post Marine Services Ads through the Platform, your relationship with marinero.mx will be limited to that of an Independent Seller and not that of an employee, agent, co-manager in a joint venture, or partner of marinero.mx by any reason. In addition, you will act exclusively on your own behalf and interest, and not on behalf of or in the interest of marinero.mx. Which does not direct or control, nor will it be considered to direct or control, the actions that you carry out or your behavior under these Terms and / or Privacy Notice, including with respect to your provision of the Services.
3.3 Contract with sailors.
When you accept a Reservation request or receive a Reservation confirmation through our Platform, you are entering into a contract directly with the Sailor and you are responsible for providing your Service on the terms and at the price specified in your Listing. You also agree to pay the applicable fees, such as our service fee, including taxes generated, for each reservation. Marinero.mx will deduct the amounts you owe from your receivables unless you agree to a different method with us. Any terms, policies, or conditions that you include in any supplemental agreement with Captains must: (i) be consistent with these Terms, our Additional Legal Terms, Policies, and the information provided in your Listing, and (ii) appear prominently in the description of your Ad.
3.4 Creation and Administration of your Ad.
Our Platform offers tools to help you set up and manage a Listing. Your Ad must include truthful, verifiable, clear and free of text, dialogue, sound, image or any other figure that misleads or may mislead or confuse the Sailor for being misleading or abusive, in accordance with the applicable legal provisions, of the Service, such Listing shall address price, charges such as cleaning fees, resort fees, federal and local taxes, offline fees, and any rules or requirements applicable to Sailors and their Guests or your Listing. You are responsible for keeping your Listing information (including calendar availability) and content (such as photos) current and accurate at all times. It is your obligation to obtain adequate insurance for your Services that the policy contains details of coverage and exclusions for each of your Listings, Services and Products. You may maintain only one Listing per Tour or Yacht Charter, however, you may have multiple Listings for various Products and Services if you have multiple Boat.
3.5 Know your Legal Obligations.
You are responsible for understanding and complying with all laws, rules, regulations and agreements with third parties that apply to your Listing or Services, as well as compliance with permits for reservations or being able to navigate in national waters, as well as obtaining a permit or license before providing certain Services and complying with the regulations required by applicable law. For example, certificate of registration and flagging of the Boat, permits for the provision of nautical tourism services of the Boat, captaincy of the Port of the Boat, change of name of the Boat, permits for a foreign Boat, among others, as well as respecting the bans and restrictions that the corresponding Authority determines in its territory. The information we provide regarding legal requirements is for informational purposes only, and you must independently verify your obligations. You are responsible for managing and using the personal data of Mariners, their Guests and others available to you, in accordance with applicable privacy laws and these Terms. If you are in any doubt as to how local laws apply, you should seek legal advice at all times.
3.6 Independence of the Captains.
Your relationship with marinero.mx is that of an independent person or entity and not that of an employee, agent, joint venture or partner of us, except when marinero.mx carries out the provision of billing collection services, receipts or receipts, which are the responsibility of the Mariners of their service, in accordance with the terms and conditions of Collection Service described in Section 3.9. marinero.mx does not direct or control your Service as Captain, and you agree that you have complete discretion as to how and when to provide the Services you Consent to and at what price and under what conditions to offer them.
3.7 Captain Duties.
Without prejudice to what was agreed with the Sailor on the Platform, you expressly accept and give your consent that the following cases will give rise to an automatic termination of the Service on the established day, without compensation or refund of the amount paid by the Captain of the Reservation (it is):
• Provide a Boat with characteristics other than those published on the Platform and/or Advertisement without prior authorization from the Sailor.
• Provide information and/or images that are misleading to Members.
• Contact Members, once the latter has canceled the existing reservation and get a reservation that avoids marinero.mx fees.
• Provide the Service incompletely to the Sailor and their Guests, due to their own situations and/or external to the Reservation.
• Cancel the Reservation for reasons without justification or that can be confirmed and evidenced according to the requirements of marinero.mx.
• Not having the Boat available in optimal conditions on the date, time and duration agreed on the Reservation.
• Failure to provide the Products and/or Services in accordance with the specifications contained in the Announcements and/or Reservations.
• Provide products that are not legitimate or have been obtained illegally.
Offer additional Services to the Sailor's Reservation, without informing the Sailor of such circumstance, including the total price, for acceptance.
• It is confirmed with irrefutable evidence that the Boat does not have the security measures and protocols in accordance with the provisions of the Law, the Regulations and the corresponding official Mexican standards, notwithstanding that for those to which Conventions are applicable, Codes and other international provisions on maritime safety and pollution prevention, is carried out in the terms established by said regulations.
3.8 Acceptance of responsibilities and risks by the captain.
You are responsible for your own acts and omissions and you are also responsible for the acts and omissions of any person you allow to participate in the provision of your Services. You are responsible for setting the price and the rules and requirements of your Listing. You must describe any and all charges and fees in your Listing description and you may not charge any additional fees or charges outside of the Platform, except as expressly authorized by us. Do not encourage Members to create third party accounts, submit reviews, provide their contact information or take other actions outside of our Platform.
3.8.2 Liability for negligence.
You will be solely responsible for damage to the health and/or person of the Sailors and/or their Guests caused or derived from negligence in their Services, Products, Commander or Crew, as well as the poor condition of their Boat.
3.8.3 Share services and/or Boats as a team or organization.
If you work in conjunction with another Captain or as part of a team, company or other organization, the entity and each person involved in providing Ad Services is responsible as a Captain under these Terms. If you agree to terms or enter into contracts, you represent and warrant that you are authorized to enter into contracts and engage your team, company, or other organization, and that each entity you use is in good standing under the laws of the place where the Boats sails.
You acknowledge that being a Sailor carries inherent risks and you agree that you bear all risks arising from your access to and use of the Platform with us, the offering of Services, Products or any interactions you have with other Members, whether in person or online. You accept that you have had the opportunity to inform yourself about the Platform, marinero.mx and any law, regulation, rule or obligation that may apply to your Ads or Services that you publish, and that for this you do not rely on any statement of law or right made by us.
3.9 Collection Service.
The Captain accepts that by publishing an Ad with us, he gives his consent and acceptance to marinero.mx to provide the collection and billing service for the services provided in the Reservation, in accordance with the applicable and current laws for said purpose.
The Captain must provide to marinero.mx, within the hours of attention to the public that he has established for this service to the email account firstname.lastname@example.org, as well as through the systems and programs that we implement for this purpose, the Services provided and concluded of the Reservation, as well as the total amount of the same, including the additional ones that the Sailor agreed to acquire.
The Services and Reservations subject to collection subject to these Terms, will be limited to those that are published in the Ads and additional Services of the Captain on the Platform and comply with these Terms, notwithstanding the foregoing, collection is limited to payments made in accordance with the payment methods described in section 4.11 of the Terms.
The taxes created or to be created that derive from the service that is the subject of this agreement, will be borne by the person who must assume them in accordance with the Law.
4. General terms
4.1 General terms and conditions.
4.2 Use of the marinero.mx platform.
It implies that you have read and accepted our Terms, present and complementary, as well as our policies. All the Services that are offered by the Platform could be created, charged, sent and/or presented by a third party web page and in such case they would be subject to their own Terms and Conditions. Any person who does not agree to comply with and abide by these Terms and Conditions, as well as the use policies, all of them mandatory and binding, must refrain from using the Platform of marinero.mx and/or receiving the Services. Due to the nature of the Internet, marinero.mx cannot guarantee the continuous and uninterrupted availability and accessibility of the Platform. Marinero.mx may restrict the availability of the Platform or certain areas or functions of it if necessary due to capacity limits, security or integrity of our servers, or to carry out maintenance measures that ensure the correct or improved functioning of the Platform. marinero.mx may improve, strengthen and modify the Platform, as well as introduce new Services from time to time.
4.3 Object of the Service and Contract.
Through marinero.mx, the Sailor requests a Reservation from the Captain regarding the Services, Product or any activity related to nautical tourist services, in accordance with the terms and price established in his Advertisement. All the Boats are offered by marinero.mx, which acts as a mediator and whose responsibility is limited to contacting the Members, who are solely and directly responsible for the provision of the service contracted in the Reservation. Marinero.mx is not responsible for the provision of the service and, therefore, has no obligation to respond in the event of non-compliance or incomplete fulfillment of the Reservation by the Captain, with whom the Captain has contracted the Service and/or Product. However, marinero.mx informs that all Captains have been explicitly requested to comply with the requirements of the Service and/or Products of the Ads, in accordance with the standards of the sector and with the provisions of the Terms and Conditions. Failure to comply with this obligation by the Captain implies that marinero.mx may unsubscribe and/or penalize them on the Platform. The Captain explicitly entrusts marinero.mx with the task of collecting 100% (one hundred percent) corresponding to the payment of the Service contracted through our Platformin accordance with what is described in section 3.9; marinero.mx is solely responsible for managing the Reservations and their collection and invoicing, according to the conditions, established specifications and the characteristics of the Advertisements. Although our objective is to ensure that the performance of the service is carried out as advertised on the Platform, we cannot verify or guarantee that all information is accurate, complete or correct.
The Captain is responsible for the information of the Boats, Services and Products of the Ads on the Platform. sailor.mx does not verify this information and, therefore, the Captain is solely responsible for the truthfulness and accuracy of said information. The Sailor agrees that any claim in this regard will be made directly and exclusively against the Captain. Notwithstanding this, we inform you that marinero.mx asks the Captains to provide truthful and correct information; otherwise, they may be excluded from the Website, without any liability against us. Any incident, we recommend that you report to email@example.com
4.4 Contracting of the Services.
It will have the duration indicated in the confirmation of the Reservation, without prejudice to being subject to the regulations and the contract signed with the Captain during the validity of the Reservation. Any change in its duration must be requested through the email firstname.lastname@example.org and will be subject to confirmation by the Captain. Although we may help facilitate the resolution of disputes, marinero.mx has no control over, and does not guarantee (i) the existence, quality, safety, suitability or legality of any Listing or Service, (ii) the truth or accuracy of the Evaluations, Comments and other content posted by your Members and (iii) the performance or conduct of any Member. This type of description does not imply an endorsement, certification or guarantee by marinero.mx about any Member, including the identity or background of the Member or the fact that the Member is reliable, safe or adequate. You must always exercise due diligence and care when deciding whether to offer services to the Sailor and their Guests. Access to and use of certain areas and/or features of the Platform may be subject to separate policies, rules or guidelines, and/or may require you to agree to additional terms and conditions before you can access the relevant areas or features of the Platform. If there is any conflict between these Terms and the Terms and Conditions applicable to a specific area or feature of the Platform, the latter terms and conditions will prevail with respect to your access or use of that area or feature, unless otherwise stated in the latest terms and conditions.
The Terms of Service and Use are applicable as soon as the Members access and/or generate their account on the Platform, the confirmation of a Reservation implies an express consent by the Sailor and the Captain who is part of these Terms and Policies of marinero.mx, as well as any policy, rule or guidelines contained in the Platform and those determined in the Captain's Announcement.
You must register an account to access and use the many features of the Platform. Registration is only allowed to the following people:
• Natural person, over 18 years of age, with sufficient powers, capacity to exercise and enjoy, as well as economic power to carry out and comply with the obligations set forth in the Advertisements and in the Reservation that they intend to generate, as well as to contract the provision of the Services and fully and unconditionally accept these Terms, as well as the terms and policies that contemplate these Terms, such as the Cancellation and Refund Policies, which govern the Services provided to Members, and the Privacy Policies that describe the collection, treatment , use and transfer of personal data in our possession and the laws, rules, regulations and contracts with third parties that apply to the Services of your Listing(s). In case of acting in the name and/or representation of another natural person, they must have the personality, empowerment and sufficient powers to act.
• Companies, organizations or other entities legally organized and in force, that are legally constituted in accordance with the laws of the United Mexican States, their place of residence or any other applicable jurisdiction, with sufficient legal and economic powers to carry out and comply with the obligations set forth in the Advertisements and in the Reservation that it intends to generate, as well as, to contract the provision of the Services and fully and unconditionally accept these Terms, as well as the terms and policies that these Terms contemplate, such as the Cancellation Policies and Refund, which govern the Services provided to Members, and the Privacy Policies that describe the collection, treatment, use and transfer of personal data in our possession and the laws, rules, regulations and contracts with third parties that apply to the Services of your Ad(s). Your representative or legal attorney must comply with the requirements described for Natural Person in this section, and have the personality with the instruments provided by the laws of the United Mexican States, of your place of residence or any other applicable jurisdiction.
Marinero.mx may subject the access and use of the Platform, or certain areas or functions thereof, to certain conditions or requirements, such as carrying out a verification process, meeting specific qualities or eligibility criteria, meeting thresholds for Evaluations, Comments or a certain history of reservations and cancellations of a User. The verification of users on the Internet is complex, therefore, we do not assume any responsibility for the confirmation of the identity of any Member.
You declare and guarantee that you are not a person or entity that cannot use the Platform in accordance with the laws of the United Mexican States, your place of residence or any other applicable jurisdiction. You must provide accurate, current and complete information during registration and keep your account information current. You may not register more than one account or transfer your account to another person. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose them to any third party. You are responsible for all activities conducted through your account and you must notify marinero.mx immediately if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. Without prejudice to the foregoing, for the purposes of transparency and fraud prevention, and to the extent permitted by the corresponding legislation, we may, without being obliged, (i) request Members to provide, in the case of national natural persons , a valid official identification and in the case of Foreigners, their valid passport or other information necessary for us, or to undergo additional checks designed to help verify identity or background, (ii) filter Members by comparing with bases of data from third parties and other public and/or private sources and request reports from service providers and (iii) obtain reports from public records of criminal convictions or sex offender registries or their local equivalents.
4.9 Unauthorized conduct.
If you have the impression that any Member you are or have been interacting with, whether online or in person, is acting or has acted inappropriately, illegally or contrary to morals and our values. For example, offensive, violent, or sexually inappropriate behavior, conduct that put or felt your personal property was at risk of theft or significant impairment, or engage in any other dangerous or inappropriate conduct around you or your Guest(s), you must immediately report such of said person to the corresponding authorities and to marinero.mx, by contacting us through email@example.com for our part we will take the measures that the corresponding laws and/or authorities request directly from us and we will weigh the measures that we consider necessary for that person in marinero.mx.
4.11 Payment method.
Sailor will pay the total cost of the agreed Services in each case and at the agreed time and according to the conditions previously accepted in the Announcement and with the Captain. The accepted payment methods are those made through the Platform through its settings for that purpose, that is, STRIPE, Members accept the terms and conditions, as well as the payment policies established on the following web page https://stripe.com/es-mx when making any payment derived from the Services and Products managed through Ads in marinero.mx. The Captain is solely responsible for determining his obligations to declare, manifest, break down, remit or include in his Ads, the Value Added Tax and other indirect taxes on or derived from the Ad, the occupation tax, tourist tax or other visitor tax or income taxes that may be generated by your Ads. Tax regulations may require that marinero.mx collect the proper tax information from our Members, or that we withhold Taxes from payments generated in favor of our Members. If a third party does not provide us with the documentation required under applicable law, referring, but not limited to, financial information, tax information or federal taxpayer registration or Tax I.D., in order to declare and satisfy our obligation (if any) to withhold taxes from payments made to you, we reserve the right to withhold payments and taxes up to the amounts required by law, until the controversy that arises is resolved.
4.12 Prices and Exchange Rate.
All prices, rates, quotes and/or others established on the marinero.mx platform will be in the National Currency of the United Mexican States.
4.13 Evaluations and Comments.
Within a limited period from the end of the Reservation(s), Sailors may evaluate the Captain through comments through the Platform, these must be accurate, non-discriminatory, offensive or libelous. Any evaluation that does not comply with the above will be eliminated in its entirety by our team
4.14 Our commitments
We commit to you that we will make every effort to: (i) ensure that the Site works; (ii) Respond to Member requests related to the Service and Ads as soon as possible; (iii) Pay the amounts owed to the Captains through transfers to their own bank accounts; (iv) Reimburse the Sailors, if applicable in accordance with the Cancellation and Refund Terms and Policies and (v)Provide the Sailors with the invoice for the total amount of the completed Reservation, if requested through firstname.lastname@example.org in the month in which the Reservation was closed or finalized, providing for this purpose the necessary information and data for its issuance; In the event that the Sailor does not request within the current month of the closing of the Reservation or does not provide sufficient information and data for its issuance, sailor.mx will issue the invoice with the generic code of the Federal Taxpayer Registry, with the consent of the Captain and Sailor of the Reservation in which this assumption falls, without any responsibility or penalty for us, accepting that the invoice issued for said purpose cannot be canceled.
4.15 Prohibitive activities of Members and Third Parties accessing the Platform.
You are solely responsible for compliance with each and every one of the laws, rules, regulations and fiscal, criminal, civil, mercantile, legal, extrajudicial or any other kind of obligations that may apply to your use of the Platform. In connection with your use of the Platform, you will not carry out the following actions nor will you assist or allow others to carry them out:
• Violate or circumvent applicable laws or regulations, contracts with third parties, rights of third parties or our Terms, policies or applicable regulations.
• Use the Platform or the collective content for any commercial or other purpose that is not expressly contemplated in these Terms or in a way that falsely implies the endorsement or cooperation of marinero.mx or that deceives or misleads any manner to others regarding the affiliation you maintain with marinero.mx
• Copy, store or otherwise access or use any information, including personal information about any other User, contained in the Platform, in any way that is not in accordance with the Privacy Notice or these Terms and/or or that violate in any way the privacy rights of Users and/or third parties.
• Offer, as a third party, any service that you do not own or that you do not have permission to make available through the platform.
• Contacting another User for a purpose other than to ask a question related to their own rental, including, but not limited to, job hiring or proposals for any user to join external services, applications or websites, without our consent. prior written authorization.
• Use the Platform to request, make or accept a reservation outside the Platform, to avoid any of the rates or for any other reason.
• Discriminate or harass people on the basis of race, national origin, religion, sex, gender identity, physical or mental disability, medical status, marital status, age, or sexual orientation, or otherwise engage in violent, harmful behavior, abusive or disruptive.
• Use, display, reflect or frame the Platform and/or the content, or any individual element of the Platform, the name of marinero.mx, any trademark, logo or other information subject to proprietary rights, or the design and layout of any page or form contained in a page of the Platform, without the express written consent of marinero.mx
• Tarnish or otherwise damage the marinero.mx brand in any way, including, but not limited to, unauthorized use of Content, registration or use of marinero.mx or derivative terms in domain names, trade names, trademarks trade names or other source identifiers, or the registration or use of domain names, trade names, trademarks or other source identifiers that closely imitate or are so similar to domains, trademarks, slogans, promotional campaigns that lead to confusion.
• Use robots, web spiders, web worms, web scrapers and other automated means or processes to access, collect data and other content from, or otherwise interact with, the Platform for any purpose.
• Avoid, bypass, remove, deactivate, prevent, decrypt or otherwise attempt to circumvent a technological measure implemented by marinero.mx or any of marinero.mx providers or other third parties in order to protect the Platform.
• Attempt to decipher, decompile or disassemble software used to provide the Platform or reverse engineer it.
• Take any action that harms or adversely affects, or may harm or adversely affect, the performance or proper functioning of the Platform.
• Export, re-export, import or transfer the site, except to the extent authorized by the laws and those of the corresponding jurisdiction, and any other applicable legislation.
• Infringe or violate the rights of any other person or harm any other person in any other way.
You acknowledge that marinero.mx has no obligation to monitor any User's access to or use of the Platform or to review, disable access to, or modify any User Content, but you do have the right to do so in order to (i) operate, protect and improve the Platform (including, without limitation, for fraud prevention, risk assessment, research and customer service purposes); (ii) ensure compliance by Users with these Terms; (iii) comply with current legislation or a judicial order or requirement issued by law enforcement and other administrative agencies or government bodies; (iv) respond to user content that you determine to be harmful or offensive; or (v) as otherwise provided in these Terms. Users agree to cooperate and assist marinero.mx in good faith, as well as to provide information and take actions that marinero.mx may reasonably request with respect to any investigation that it or one of its representatives undertakes in relation to the use or the abuse of the Platform.
4.16 Hiring methods.
When you generate an Advertisement or Reservation, expressing your will and granting your express consent, without leaving any doubt, to the possibility of formalizing agreements and contracts by any means that prevents the law, including electronic contracting methods through a page web or email, telephone recording, digitized signature, electronic signature, as well as that can be stored, organized or copied, by any available means.
For the purposes of contracting by electronic means, you, in your freedom of contracting, grant your express consent and authorize it to be carried out by the means described above, the legal act being perfected by filling out the form of the Reservation of an Ad in marinero.mx at "Click" on "I accept" of the same, in the understanding that your consent is not born when you receive the email with the Reservation, but from the moment in which you as a virtual acceptor agree with the proposal of the virtual offeror and makes your acceptance response known to the virtual supplier or provider, ratifying said acceptance upon receipt of the contractual declaration to the email that you registered to generate your user on our Platform.
To promote the Platform and increase the exposure of the Ads to potential members, the Ads and other Content may be displayed on other websites, in applications, in emails and in online and offline advertising. To assist Users who speak different languages, the Ads and other Content may be translated, in whole or in part, into other languages. Marinero.mx cannot guarantee the accuracy or quality of said translations, nor of the content of said Advertisements. The Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The Platform may contain links to websites or resources of external third parties (“External Third Party Services”). Such Third Party Services may be subject to different terms and conditions and different privacy practices. Marinero.mx is not responsible for the availability or accuracy of such Third Party Services, nor for the content, products, or services available from such Third Party Services. Links to such External Third Party Services do not constitute an endorsement of such Services by Marinero.mx.
You accept that marinero.mx unilaterally, may modify these Terms at any time and indiscriminately, we will take care of publishing said modifications on the Platform and you will be notified of the most important changes by email 10 days before the date on which they enter in force. If you do not agree with the modifications of the Terms, you must cancel your user in the Platform and inform us that it is your wish to stop being our Member. If you fail to do so by the date the updated Terms become effective, your continued access, posting of a Listing or generation of a Booking will constitute your acceptance and express consent to the changes to the Terms.
The Users assume, against marinero.mx (including: its subsidiaries, partners, managers, representatives and/or legal representatives, employees, shareholders and suppliers), all obligations and responsibilities of any kind, derived from the services, products, in special of those that may be carried out on the boats, and any other activity carried out by its workers, subcontractors, suppliers and any other person dependent on the Users, including but not limited to, derived or caused by the management of the embarkation, transportation of people, loading and unloading maneuvers of materials, as well as any caused by the performance and/or provision of the Services of the Captain and fulfillment of a Reservation, the Users being obliged to the maximum extent permitted by applicable law, to exonerate, defend (at our option) and release marinero.mx in peace and safety from any liability that may be claimed to impute and compensated for the damages that may be caused for the reasons indicated above.
To the extent permitted by current legislation, Users agree to exempt, defend, indemnify and release from liability from all liability and of any kind, marinero.mx against and against any claims, compensation for damages, losses and expenses, including, without limitation, reasonable expenses for legal and accounting advice that arise from, or are in any way related to, but not limited to: i) your breach of these Terms, Policies and/or current legislation in the United Mexican States; ii) the improper use by you of the Marinero.mx Platform; iii) any injury, loss, theft and/or compensation for damages (whether non-compensatory sanctions, for direct or indirect, incidental, consequential or any other type of damage) of any kind arising in connection with, or as result of such interaction, provision of service, participation or enjoyment of the service of a Reservation; iv) the omission and/or the incorrect performance of declarations, collections or settlements of taxes on your part by marinero.mx following your instructions; v) breach of any law, regulation and/or violation of third party rights, such as intellectual property rights or privacy rights, by you; or vi) any damage, theft, loss, deterioration, direct or indirect related to the provision of the Services due to being in a state of intoxication and/or under the influence of drugs or any other transitory metal state that is against and/or to the detriment of what is established in the current and applicable legislation for the matter, good customs and against third parties. The indemnification obligation shall only apply to the extent that the claims, liabilities, damages, losses and expenses have been caused by your breach and/or negligence in the Reservation.
4.21 Third Party Sites and Links.
The Website and the Content may contain links to third party websites, products and services. The sites to which links refer may not be under the control of marinero.mx, therefore it assumes no responsibility for the content of any linked site or link contained in a linked site. These links are provided solely as a convenience to Users of the Site, and the inclusion of a link does not imply any recommendation, affiliation or endorsement of that site by marinero.mx. Data collection by third parties will be governed by their respective privacy policies. It is advisable to consult the corresponding privacy policies since the user assumes the risks derived from the use of said information, content and material, as well as the trust in them. The inclusion of this link does not imply an endorsement by marinero.mx, nor an association with these operators. Additionally, marinero.mx is not responsible for the privacy practices of such sites.
4.22 Force Majeure.
Marinero.mx will not be responsible for any delay or non-performance resulting from causes beyond its reasonable control, in particular declared emergencies and epidemics, whether national or local, such as pandemics and public health emergencies officially declared by the government (they do not include the diseases that are endemic or already associated with a given area, such as dengue, Zika, Chikungunya, and influenza 1 and 2 in Yucatan), government restrictions on navigation imposed by port authorities (non-binding advisories for travelers are not included, and other similar advice that the government can give or weather events and natural conditions that were foreseeable, such as tropical storms, cyclones, hurricanes and typhoons, in seasons in the region, for example a tropical depression from June to November in the Gulf of Mexico and Mar Caribbean). In the event of a case of force majeure that makes it impossible to provide the service, the Commander will rule and propose alternative times or dates for the Client. In the event that the Sailor and the Captain do not reach an agreement, the Sailor will have the right to request the cancellation of the Service and subsequent reimbursement of the Service without the fee, through the platform and email@example.com service of marinero.mx, if this will apply according to the Cancellation and Refund Policies.
4.23 Not waiver.
MarineroMx's non-enforcement of any right or provision of these Terms will not constitute a waiver of such right or provision unless acknowledged or agreed to in writing by us. Except as expressly provided in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise provided by law.
The terms and conditions will be binding on the parties. The parties may not totally or partially assign their rights, obligations or interests established in the terms and conditions without prior consent.
The secure platform of marinero.mx guarantees that any form of payment will reach marinero.mx: that is why Users are requested to always make their payments through our platform through STRIPE and never make them deposits or payments directly to anyone. STRIPE's platform meets the strictest certification standards for regulatory compliance and secure payments. If Users have any questions about this Stripe Platform, they can visit the following Website https://stripe.com/mx/payments
4.26 Property rights and restrictions.
All content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or any other proprietary rights and laws that restrict their use. The product and name marinero.mx are registered trademarks and/or trademarks of marinero.mx and are exclusive to marinero.mx. The User may not use the marinero.mx trademarks under any circumstances without the prior authorization of marinero.mx. Except as expressly authorized by marinero.mx, you agree not to sell, resell, exploit for commercial purposes, license, rent, modify, distribute, copy, reproduce, duplicate, transmit, publicly distribute, publish, adapt, edit or create works derived from portions of the content and materials on the site. Despite the above, the User may download or print one copy of the materials or contents of the site from his computer for his personal, non-commercial use, with the commitment to keep intact the copyright or any proprietary notices. Any copy, compiled, directly or indirectly, collection, directory or database without prior authorization from marinero.mx is prohibited. Likewise, the use of the materials or contents for any purpose that is not expressly permitted is automatically prohibited.
4.27 Electronic signature and Communications through data messages.
The Parties accept and acknowledge that it is their intention to perfect these Terms and Conditions through the use of an autograph signature or any form of valid electronic or digital signature, in accordance with the provisions of the Commercial Code, the Federal Civil Code, the Federal Code of Civil Procedures and other legal provisions applicable to that effect. In this way, the Parties to this act irrevocably acknowledge and accept that the signature of this instrument granted through the use of some form of valid electronic or digital signature or through Data Messages (as said term is defined in the Code of Commerce) or through an electronic copy of an instrument signed in autograph form and exchanged in the form of a Data Message (as said term is defined in the Commercial Code) in a way that is unequivocally associated with a specific party, will be a valid form for the improvement of the Terms and Conditions derived from it and the granting of conventional consent. Likewise, the parties expressly accept and acknowledge that in accordance with the provisions of article 210-A of the Federal Code of Civil Procedures, the exchange of Data Messages (as said term is defined in the Commercial Code), and any other type communications between the parties, including without limitation the use of email as a means of communication unequivocally associated with a particular party, will have full effect and will have full legal validity.
Any notice, request, requirement, instruction, consent or other type of communication given or sent in these Terms and Conditions must be published on the website. All notices in relation to the service provided, terms and conditions of use must be sent to firstname.lastname@example.org With regard to notifications, marinero.mx may notify them in the email account that they have designated (i) when making the Reservation, (ii) when creating a User.
4.29 Use of "COOKIES"
Marinero.mx uses "cookies" when a User browses the website. "Cookies" are only associated with an anonymous User and their computer, so they do not provide references that allow the User's name and surname to be deduced. Marinero.mx cookies cannot read data from your hard drive or read cookie files created by other providers. The use of "cookies" technology allows marinero.mx to recognize registered Users after they have registered for the first time, without having to register each time they visit to access the areas and services exclusively reserved. to them. The User has the possibility of configuring his browser to be notified on the screen of the reception of "cookies" and to prevent the installation of these on his hard drive. To use the Site, it is not necessary for the User to allow the installation of the "cookies" sent to marinero.mx, without prejudice to the fact that in such a case it will be necessary for the User to register each time he accesses the Site.
If any of the provisions of these Terms is or is declared null and unenforceable, it will continue to be in force to the extent permitted by applicable law according to the jurisdiction agreed in the Terms and you will be bound by each and every one of the remaining Terms, with all your force, connection and legal effects.
4.31 Applicable Jurisdiction
These Terms will be governed by the provisions in force in the United Mexican States. For the interpretation, fulfillment or execution of this contract, the Parties expressly submit to the jurisdiction of the Courts residing in Mérida, Yucatán, renouncing any other jurisdiction due to their present or future domicile or for any other reason that may correspond to them.