Desarrollos Turísticos Costa Turquesa, S.A. de C.V. will not be liable
for any claim, cost or expense that results from personal injuries or injuries
to third parties, accidents or death, loss or damage of personal property,
lack of fun, anger, disappointment, anguish or annoyance (physical or mental)
that result from any of the following:
1. Acts or omissions performed by any person/party other than Desarrollos
Turísticos Costa Turquesa, S.A. de C.V. or its employees.
2. Disease, theft, labor disputes, strikes, mechanical failures, quarantines,
governmental actions, weather conditions, or whatsoever other cause outside
the company’s concerns or not under the direct control of Desarrollos Turísticos
Costa Turquesa, S.A. de C.V.;
3. The customer being not able to travel, or not counting with the required
documents, such, but not limited to, as updated passport, Visa, personal
ID or medical documentation or travel certificates Desarrollos Turísticos
Costa Turquesa, S.A. de C.V. will not be liable before the customer or
any third-party because of any of the before mentioned impossibilities
or the lack of personal documentation of the customer.
4. The customer’s failure to comply with the instructions given, including,
but not limited to, flight departure itineraries, check in/out of the hotels,
and coupon redeeming policies;
5. Cancellations or changes of any kind, of and in the services offered
to and purchased by the customer Desarrollos Turísticos Costa Turquesa,
S.A. de C.V. reserves the right to refuse, a/o change the published services;
provided that it will be attempted to substitute those services with the
most similar option. In the case that a booking/reservation must be cancelled,
the only liability held by Desarrollos Turísticos Costa Turquesa, S.A.
de C.V. will be limited to the full reimbursement of the amount paid by
6. Full reimbursement will not apply in any circumstance in which the
travel has to be cancelled, interrupted or postponed by Desarrollos Turísticos
Costa Turquesa, S.A. de C.V. by any reason beyond its control (force majeure,
such as, but not limited to, weather or climate conditions and phenomena,
hurricanes, earthquakes, strikes, wars, acts of terrorism, etc.), and all
those in which the contractual obligations of Desarrollos Turísticos Costa
Turquesa, S.A. de C.V. with its providers do not allow it to retrieve the
reimbursement of the amount paid to the provider on behalf of the customer.
In any of these circumstances, Desarrollos Turísticos Costa Turquesa, S.A.
de C.V. reserves the right to withhold 10% (ten percent) of the amount
paid as for the booking/reservation as part of an administrative expenditure.
7. Notwithstanding the fact that the rates are constantly updated, the
remote possibility that changes without notice, applied to the prices,
happen. These occurrences have place because of contingencies or force
majeure; in these cases the service provider might not be able to communicate
and update the rates in time. Desarrollos Turísticos Costa Turquesa, S.A.
de C.V. makes regular revisions whereas a price variation may occur and
as a result of this, a difference between the price paid for the booking/reservation
and the amount required for the usufruct of the service. In such case in
which a change of rates exists, if the updated rate is less, the charge
will be done and the difference will be reimbursed to the customer; inasmuch
as if the price is higher, one of our Customer Service Representatives
will contact you and inform you about this change. If the customer is in
disagreement of the price changes listed in this paragraph, Desarrollos
Turísticos Costa Turquesa, S.A. de C.V. will totally reimburse the amount
paid for such service, but will not be liable for any claim or inconveniences
that result from the rates change or the booking/reservation cancellation.
Generations will not be liable, and the Customer releases Generations
from any liability, arising from any claim, cost, expenditure or loss that
may happen, including any personal injury, or injury to any third-parties,
accidents, demise, damage to any personal property, lack of fun, anger,
disappointment, anguish or annoyance (physical or mental) that result from
any of the following:
I. Any failure or lack directly imputable to the service provider that
occurs when providing the service.
II. Any failure or lack directly imputable to the customer that occurs
when enjoying the service.
III. Any failure or lack of the customer in the observance or compliance
of the terms and conditions, policies, instructions recommendations, safety
measures, etc. given by the service providers.
IV. Fortuitous events such, but not limited to, as: riots, strikes, delays,
earthquakes, acts of war, hurricanes, weather and climate phenomena, etc.
(not imputable to Generations).
V. Acts or omissions of any person of any person or third-party, other
VI. Disease, theft, labor disputes, mechanical failures, quarantine, governmental
measures, weather or any other cause beyond the control of Generations.
VII. Upon the customer’s insistence to perform any kind of travel, touristic
activity, have a tour or excursion, take any kind of ground, sea or air
transportation, under precarious health conditions, or any inadequate health
conditions for the development of such activities, the customer’s insistence
in engaging in any extreme activities that may imply any risk and that
were performed by the customer under his full knowledge of such risk, or
when the customer has any kind of medical condition, disease, incapability,
allergy, under any kind of medical treatment or prescription, medical indication
to rest a/o each and every medical condition that by his/her own risk were
omitted and which may be of detriment of his/her health when engaging in
such activities in the knowledge of such condition(s), cause awareness;
under these circumstances, it will be considered that the customer engaged
in such activities under his/her own risk, and he/she will not make Generations
liable of any claim, lawsuit, demand, complaint, reward, indemnity, compensation,
gratuity, etc. that arise from any accident caused during the development
of any service or activity and any future event that arises from the initial
accident caused by any of the above reasons and causes.
VIII. Any other event that occurs, not in the control of Generations.