PRIVACY NOTICE

In compliance with the provisions of the Federal Law on Protection of Personal Data Held by Private Parties (LFPDPPP) thesilverxp.com makes available the following Privacy Notice:

Responsible for the protection and processing of your Personal Data

The silver XP, S.A. de C.V. (hereinafter "thesilverxp.com"), with address at Calle caimito, SM 25, mz 13, Cancún, Quintana Roo, C.P. 77509.

Means of obtaining Personal Data

The personal data that thesilverxp.com collects from you, will be used only for the purposes described in this privacy notice and may be collected:

  • Directly, by entering your data or using the online services through the https://thesilverxp.mx
  • Directly, through our telephone reservation center "call center".
  • Directly, through our official social media accounts.
  • Personally, through our reservations representatives.

 

Data collected

The data that thesilverxp.com collects from you, will be the following: Full name with surname, telephone number, email, address and financial data such as: Credit card number, name of the holder of the same, expiration date, security code and those data that are necessary to complete and manage the reservations requested by you.

Likewise, thesilverxp.com in special cases will request to collect its physical image (photograph and / or video), for which thesilverxp.com will enable the appropriate means to obtain the consent of the holders in accordance with the provisions of the LFPDPPP and its regulations

Purpose of the Personal Data collected

Your personal data will be collected for the following main purposes that are necessary for the service you request:

 

  • Processing, monitoring, updating, modifying, cancelling and confirming the services you booked with thesilverxp.com through its means, for financial and credit purposes, to comply with the obligations contracted with you and our suppliers.

 

thesilverxp.com through its means, for financial and credit purposes, to comply with the obligations contracted with you and with our suppliers.

  • In the case of reservations that include air transportation, so that the airline can proactively contact the passenger in the event of interruption in operations or to provide the client with updated information about their The above implies certain advantages for you, such as:
    • Updates on flights in real time.
    • Proactive notifications in case of service interruption (cancellations, delays, etc.).
    • Baggage related updates.
    • Sending the information of the change of reservation or boarding pass automatically, for the following available flights.
    • Reduction of waiting time, anxiety and inconvenience, during service interruptions.
    • A better customer experience.
  • Likewise, the data that is collected will be used to contact you to offer you more information for the generation of possible reservations.

 

And in an accessory way, we will use your personal information for the following purposes that are not necessary for the requested service, but that allow us and facilitate better service:

 

  • Evaluate the quality of the service, carry out surveys on travel habits and preferences, to participate in contests and raffles, loyalty programs, implementation and development of advertising campaigns, as well as to send promotions, offers, services and advertising purposes (Unique and exclusively for thesilverxp.com).

 

Holders may immediately and free of charge at any time request the cancellation of the sending of emails for advertising purposes by thesilverxp.com by clicking on the "Cancel subscription" link.

In the event that you do not want your personal data to be processed for these additional purposes, you can present a letter via email to the address info@thesilverxp.com.

Data transfer, national and international

By virtue of what is stated in articles 36 and 37 of the LFPDPPP, your personal data may be transferred and/or shared to:

 

  1. Holding companies, subsidiaries or affiliates under the common control of thesilverxp.com, or to a parent company or to any company of the same group of thesilverxp.com that operates under the same processes and internal policies;
  2. When the transfer is necessary by virtue of a contract entered into or to be entered into in the interest of the owner, by the person in charge and a third party;
  3. When the transfer is necessary for the maintenance or fulfillment of a legal relationship between the person in charge and the owner such as Suppliers, Tourist Service Providers, Banking and Credit Institutions, and between

 

It is important to note that the third parties to whom your personal data is transferred will be bound by the same terms of this Privacy Notice and will comply with the corresponding security and confidentiality measures.

In any case, we promise not to transfer your personal information to third parties without your consent, except in the case of the provisions of article 37 of the Federal Law on Protection of Personal Data Held by Private Parties, as well as to carry out this transfer in the terms established by said Law.

Exercise of ARCO Rights

Article 28 of the LFPDPPP grants you four rights to exercise:

 

  • The owner has the right to access their personal data held by the person in charge and to know the Privacy Notice and its
  • The owner has the right to rectify their data if they are inaccurate, incorrect or out of date.

 

  • The owner has the right to cancel their personal data when they consider that they are not being used for the fulfillment of the purposes established in this Privacy Notice.
  • The owner has the right to oppose the processing of their personal data with respect to any of the purposes established in this Privacy Notice.

 

Right to revoke your consent for data processing

Article 8 of the LFPDPPP provides for the possibility of revoking the consent granted for the processing of your personal data. To revoke it, you may request it using the same mechanism and procedure for the exercise of ARCO Rights provided in this notice. However, thesilverxp.com informs you that keeping your personal data in its database will allow it to better understand your needs based on your history and thus offer you a better service in your future reservations.

Mechanisms for the exercise of ARCO Rights and Revocation of consent for the processing of your data

To exercise your rights of Access, Rectification, Cancellation and Opposition or your right to revoke consent for the processing of your personal data, you must fill out and send the ARCO RIGHTS EXERCISE FORM, which may be request and send through the following email: info@thesilverxp.com, or send the form physically to the following address: Calle Caimito, Mz 13, Lote 18, SM 25, Cancún, Quintana Roo, CP 77509, with attention to the Department of Protection of Personal Data, or, you can submit your request in writing and in Spanish and complying with the requirements indicated in article 29 of the LFPDPPP regulation. For more information, you can contact the Department of Data Protection thesilverxp.com directly through the email account indicated above.

For the origin of the exercise of your ARCO Rights, you must prove the ownership of your ARCO rights or the representation with respect to the owner through the presentation of a copy of your identification document and the exhibition of the original for comparison, or those established instruments in article 89 of the regulation of the LFPDPPP.

"Article 29.- The request for access, rectification, cancellation or opposition must contain and accompany the following:

 

I. The name of the owner and address or other means to communicate the response to your request;

 

  1. The documents that prove the identity or, where appropriate, the legal representation of the owner;
  • The clear and precise description of the personal data with respect to which one seeks to exercise any of the aforementioned rights, and
  1. Any other element or document that facilitates the location of personal data.”

 

thesilverxp.com will follow up on your request within a period of 20 business days from the receipt of said FORMAT or request, with the complete documentation, to notify you of its origin. If appropriate, thesilverxp.com will have a maximum period of 15 business days to make your ARCO right effective.

Steps to protect your information and to limit the use or disclosure of your personal information Your personal information

It will be kept under strict confidentiality and to reasonably prevent the improper use or disclosure of it, we have implemented physical, technical and administrative security measures in accordance with the Federal Law on Protection of Personal Data Held by Private Parties and other applicable regulations.

In particular, we have a privacy policy, training courses for staff, restricted access to personal information only to authorized users, privacy officers, an inventory of personal data (duly classified by data category), treatment systems, risk analysis and contractual clauses.

In order for you to limit the use and disclosure of your personal information, we offer you the option of registering in the Public Registry to Avoid Publicity (REPEP), which is in charge of the Federal Consumer Attorney's Office (PROFECO), with the so that your personal data is not used to receive advertising or promotions from companies of goods or services. For more information about this registry, you can consult the PROFECO Internet portal, or get in direct contact with it.

cookies

thesilverxp.com uses its own and third-party cookies to analyze your browsing and offer you a more personalized service according to your interests.

Modifications to this privacy notice

thesilverxp.com may make changes or updates to this Privacy Notice at any time. The modifications or updates that are made, will enter into force at the moment in which they are

 

published on the website https://thesilverxp.com on its affiliated sites or in any communication medium used to publish it, so its continuous review is recommended.

Express acceptance of the Privacy Notice

If you do not expressly oppose this notice and its updates, it is understood that you have given your tacit consent in terms of article

8 of the LFPDPPP. thesilverxp.com suggests reading this Privacy Notice, since by providing your data by any means, it constitutes acceptance of this Privacy Notice.

Last update: February 17, 2023

PRIVACY NOTICE

In compliance with the provisions of the Federal Law on Protection of Personal Data Held by Private Parties (LFPDPPP) thesilverxp.com makes available the following Privacy Notice:

Responsible for the protection and processing of your Personal Data

The silver XP, SA de CV (hereinafter “thesilverxp.com”), with address at Calle caimito, SM 25, mz 13, Cancún, Quintana Roo, CP 77509.

Means of obtaining Personal Data

The personal data that thesilverxp.com collects from you, will be used only for the purposes described in this privacy notice and may be collected:

  • Directly, by entering your data or using the online services through the https://thesilverxp.mx
  • Directly, through our telephone reservation center “call center”.
  • Directly, through our official social media accounts.
  • Personally, through our reservation representatives.

Data collected

The data that thesilverxp.com collects from you, will be the following: Full name with surname, telephone number, email, address and financial data such as: Credit card number, name of the holder of the same, expiration date, security code and those data that are necessary to complete and manage the reservations requested by you.

Likewise, thesilverxp.com in special cases will request to collect its physical image (photograph and / or video), for which thesilverxp.com will enable the appropriate means to obtain the consent of the holders in accordance with the provisions of the LFPDPPP and its regulations.

Purpose of the Personal Data collected

Your personal data will be collected for the following main purposes that are necessary for the service you request:

  • Processing, monitoring, updating, modifying, canceling and confirming the services you booked with thesilverxp.com through its means, for financial and credit purposes, to comply with the obligations contracted with you and our suppliers.
  • In the case of reservations that include air transportation, so that the airline can proactively contact the passenger in case of interruption in operations or to provide the customer with updated

information about their trip. This implies certain advantages for you, such as:

  1. Real-time flight updates.
  2. Proactive notifications in case of service interruption (cancellations, delays, etc.).
  3. Baggage-related updates.
  4. Sending the information of the change of reservation or boarding pass automatically, for the following available flights.
  5. Reduction of waiting time, anxiety and discomfort, during service interruptions.
  6. A better customer experience.
  • Likewise, the data collected from you will be used to contact you to offer you more information for the generation of possible reservations.

And in an accessory way, we will use your personal information for the following purposes that are not necessary for the requested service, but that allow us and facilitate better service:

  • Evaluate the quality of the service, conduct surveys on travel habits and preferences, to participate in contests and sweepstakes, loyalty programs, implementation and development of advertising campaigns, as well as to send promotions, offers, services and advertising purposes (solely and exclusively for thesilverxp.com).

The holders may immediately and free of charge at any time request the cancellation of sending emails for advertising purposes by thesilverxp.com by clicking on the “Unsubscribe” link.

In case you do not want your personal data to be processed for these additional purposes, you can submit from this moment a letter via email to the address info@thesilverxp.com.

Data transfer, national and international

By virtue of the provisions of articles 36 and 37 of the LFPDPPP your personal data may be transferred and/or shared to:

  1. Holding companies, subsidiaries or affiliates under common control of thesilverxp.com, or a parent company or any company of the same thesilverxp com operating under the same internal processes and policies;
  • When the transfer is necessary by virtue of a contract concluded or to be concluded in the interest of the holder, by the person in charge and a third party;
  1. When the transfer is necessary for the maintenance or fulfillment of a legal relationship between the person in charge and the owner such as Suppliers, Suppliers of Tourism Services, Banking and Credit Institutions, and among

It is important to note that the third parties to whom your personal data is transferred will be bound by the same terms of this Privacy Notice and will comply with the corresponding security and confidentiality measures.

In any case, we undertake not to transfer your personal information to third parties without your consent, except in the case of the provisions of article 37 of the Federal Law on Protection of Personal Data Held by Private Parties, as well as to carry out this transfer in the terms established by said Law.

Exercise of ARCO Rights

Article 28 of the LFPDPPP grants you four rights to exercise:

  • The owner has the right to access their personal data held by the person in charge and to know the Privacy Notice and its purposes.
  • The owner has the right to rectify their data if they are inaccurate, incorrect or outdated.
  • The owner has the right to cancel their personal data when they consider that they are not being used for the fulfillment of the purposes established in this Privacy Notice.
  • The owner has the right to oppose the processing of their personal data with respect to any of the purposes established in this Privacy Notice.

Right to revoke your consent to data processing

Article 8 of the LFPDPPP, provides for the possibility of revoking the consent granted for the processing of your personal data. To revoke it you may request it using the same mechanism and procedure for the exercise of ARCO Rights provided for in this notice. However, thesilverxp.com informs you that keeping your personal data in its database will allow you to better understand your needs based on your history and therefore offer you a better service in your future reservations.

Mechanisms for the exercise of ARCO Rights and Revocation of consent for the processing of your data

To exercise your rights of Access, Rectification, Cancellation and Opposition or your right to revoke consent for the processing of your personal data, you must fill out and send the

ARCO RIGHTS EXERCISE FORM, which you can request and send through the following email: info@thesilverxp.com, or direct the form physically to the following address: Calle Caimito, Mz 13, Lote 18, SM 25, Cancún, Quintana Roo, CP 77509, with attention to the Department of Protection of Personal Data, or you may submit your request in writing and in Spanish language and complying with the requirements indicated in article 29 of the regulations of the LFPDPPP. For more information you can contact the Data Protection Department thesilverxp.com directly through the email account indicated above.

For the origin of the exercise of your ARCO Rights you must prove the ownership of your ARCO rights or the representation with respect to the owner through the presentation of a copy of your identification document and the exhibition of the original for comparison, or those instruments established in article 89 of the regulations of the LFPDPPP.

“Article 29.- The request for access, rectification, cancellation or opposition must contain and accompany the following:

I. The name of the owner and address or other means to communicate the response to your request;

  1. The documents that prove the identity or, where appropriate, the legal representation of the holder;
  • The clear and precise description of the personal data with respect to which one seeks to exercise any of the aforementioned rights, and
  1. Any other element or document that facilitates the location of personal data.”

thesilverxp.com will follow up on your request within 20 business days from the receipt of said FORM or request, with the complete documentation, to inform you about the origin of the same. If appropriate, thesilverxp.com will have a maximum period of 15 working days to make your ARCO right effective.

Measures to protect your information and to limit the use or disclosure of your personal information Your personal information

It will be protected under strict confidentiality and to reasonably prevent the use or improper disclosure of it, we have implemented physical, technical and administrative security measures in accordance with the Federal Law on Protection of Personal Data Held by Private Parties and other applicable regulations.

In particular, we have a privacy policy, staff training courses, restricted access to personal information only to authorized users, privacy officers, an inventory of personal data (duly classified by data category), processing systems, risk analysis and contractual clauses.

In order for you to limit the use and disclosure of your personal information, we offer you the option of registering it in the Public Registry to Avoid Advertising (REPEP), which is in charge of the Federal Consumer Protection Agency (PROFECO), so that your personal dates

It is not used to receive advertising or promotions from companies of goods or services. For

More information about this registry, you can consult the PROFECO website, or contact it directly.

cookies

ThesilverXP.com uses its own and third-party cookies to analyze your browsing and offer you a more personalized service according to your interests.

Modifications to this privacy notice

thesilverxp.com may at any time make modifications or updates to this Privacy Notice. The modifications or updates that are made, will enter into force at the time they are published on the website https://thesilverxp. com on your affiliated sites or in any media you use to publish it, so your continuous review is recommended.

Express acceptance of the Privacy Notice

If you do not expressly object to this notice and its updates, it is understood that you have given your tacit consent in terms of article 8 of the LFPDPPP. thesilverxp.com suggests reading this Privacy Notice, since by providing your data by any means, it constitutes acceptance of this Privacy Notice.

Last updated: February 17, 2023

READ THE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.

INTRODUCTION.- Welcome to the website https://thesilverxp.mx (“The Silver XP”), referred to as the “Site”. Your use of this Site is expressly conditioned on your acceptance of these Terms and Conditions. By using this site, you signify your consent to the Terms and Conditions. The Silver XP reserves the right to add or modify the Terms and Conditions at any time. All added or modified terms will take effect at the time they are updated. Your continued use of this site even after changes to the Terms and Conditions are posted will mean you accept those changes. Please return to this page periodically to check for any changes.

DEFINITIONS.- For all purposes of the Terms and Conditions established herein, the following definitions shall be understood:

TRAVEL AGENCY.- Company that carries out the commercialization of services through technological platforms, islands in shopping centers or malls, as well as conventions and/or tourism expos in different places, which hire and/or act as an intermediary through its reservation services, for the benefit of a User-Tourist, regarding the tourist services provided directly by the Provider. (hereinafter referred to as “The Silver XP”).

https://thesilverxp.mx .- Website of "The Silver XP" that acts as an intermediary and as a reservation engine, offering the User-Tourist through the internet, the various tourist services provided directly by the Provider. (hereinafter referred to as the "Site").

USER-TOURIST.- Person who temporarily travels and/or uses the site https://thesilverxp.mx, in order to make use of The Silver XP intermediation and reservation engine and with the ultimate goal of enjoying any of the tourist services provided directly by the Provider. (Hereinafter referred to as "You").

PROVIDER.- Individual or legal entity that directly provides tourist services to the User-Tourist, contracted, reserved or acquired by the latter through the intermediation and reservation engine of The Silver XP site.

XPEER.- Personnel specialized in attention to the User-Tourist who has the functions, including but not limited to, making reservations in restaurants, tours, transportation, travel advice, recommendations for tourist activities and events within different destinations, promotion of tourist services, orientation of medical services, and any other need.

DECLARATIONS.- You declare under oath to tell the truth, appearing in your own personal right and/or through your legal representative, that you are a

 

natural or legal person, of legal age, skillful, capable and with sufficient means or economic capacity to be bound by these Terms and Conditions, as well as with an interest in acquiring the intermediation and reservation services specified herein, and that for This resorts to The Silver XP in order to act as a mere intermediary between you and the direct providers of tourist services.

You declare under protest to tell the truth, that you acknowledge that the services provided by The Silver XP and its Site consist SOLELY AND EXCLUSIVELY IN THE INTERMEDIATION BETWEEN YOU AND THE DIRECT PROVIDER OF THE

SERVICES. The Silver XP SA de CV; declares (a) to be a commercial company duly constituted in accordance with Mexican law. (b) That it has authorization from the Secretary of Tourism to provide a Travel Agency service, likewise it is registered before the Treasury authorities with the Federal Taxpayer Registry number TSX190427HI7. (c) That his address is located at Calle Caimito, Mz 13, Lote 18, SM 25, Cancún, Quintana Roo,

CP 77509. (d) That its corporate purpose consists of the power to: Act as an intermediary for the reservation of spaces in means of transportation and issue the corresponding tickets on behalf of carriers and in favor of tourists;

(e) serve as an intermediary between tourists and transport service providers of any kind, in the terms indicated by the Laws and Regulations; reserve rooms and other related services for tourists in hotels and lodging establishments; provide tourist attraction site reservation services to tourists; serve as an intermediary between the other tourist service providers and other travel agencies; provide tourist information service and disseminate propaganda material of this nature that is freely distributed. (f) Serve as an intermediary between the other tourist service providers (including, but not limited to, hotels, entertainment and entertainment centers, excursions, guided tours and/or rental of all types of vehicles) and other travel agencies. trips (g) That for the purposes of these Terms and Conditions, it only acts as an INTERMEDIARY between You and the Providers of said tourist services, and that for this purpose, it has the technical and administrative capacity, as well as the material and human elements necessary to reserve on your behalf and at your request the services referred to in these Terms and Conditions. (h) That based on the above Declarations, accepts these Terms and Conditions.

OBJECT.- The object consists of the INTERMEDIATION that will exist between The Silver XP, You and the Suppliers, where The Silver XP for the purposes of these Terms and Conditions, will act solely and exclusively as an INTERMEDIARY, providing you through your Site, including but not limited to, the land and air transportation reservation service; reservation in hotels and lodging establishments; reservation of tourist attraction sites; reservation of travel packages; among others, Thus, once the reservations are confirmed by The Silver XP containing the tourist services chosen by you (according to their availability), the provision of the intermediation service by The Silver XP will be concluded, since

 

said tourist services will be provided to you directly by the Providers.

USE OF THE SITE.- The Silver XP grants you a limited, non-transferable, revocable license to use this Site in accordance with these Terms and Conditions. You must use this site only to make or purchase legitimate reservations and may not use it for any other purpose, including but not limited to making any speculative, false or fraudulent reservations. This Site and its content referred to in it, including but not limited to: texts, paragraphs, statements, specific combination of words, letters or phonetic elements, graphics, button icons, brands, logos, graphic design works, photographs, commercial notices, patents, business method, specific combination of colors and shapes, editorial material, print formats, searchable formats, digital downloads, data compilations, source codes, software, etc. are the exclusive property of The Silver XP or have all the Licenses and Authorizations for such use, therefore you may not copy, reproduce, republish, upload, modify, transmit or distribute said content without prior written authorization of The Silver XP, except, in the cases in which (a) you download to view and print the material that is contained in this Site or (b) download or print the material that is sent to your email by part of The Silver XP, in both situations, you may only and exclusively use it for your personal use, and the printed material must always include the legend “© The Silver XP, SA DE CV 2023 All rights reserved.” any total or partial reproduction of the Site or any use of its content for commercial gain is strictly prohibited. You may not use any "robotic," "spider" or other automatic device, program, algorithm, or methodology having similar processes or functions, or any manual process, to monitor or copy any of the Web pages, data, or content, source code, found on this Site in any event and without the prior written consent of The Silver XP. In accordance with the foregoing, you agree that you will not copy, publish, transmit, modify or transfer in any other way the data or content of this Site to any computer, server, Web site, or other means of mass distribution, for use by any commercial company, any site, web page, or national or foreign company that represents an economic activity. You also agree that you will not use any device of any kind, software or routine to interfere with the proper performance of this site. The unauthorized use that you make of this site or any total or partial reproduction of the Site and/or content and its material, may violate the laws that govern the ownership of Copyright, Industrial Property Rights and other laws. You must respect all notices on Copyright and Industrial Property Rights and may not alter, hide, or destroy any of these notices. The use of such material on any other web site or in any networked computer environment is prohibited. It is prohibited by The Silver XP for you to post or transmit any material that is unlawful, threatening, libelous, defamatory, obscene, indecent, pornographic, profane, or any material that could constitute or encourage others to engage in conduct that is may be considered criminal offences, which result in crimes

 

civilians, or otherwise violate any law. In addition, you are prohibited from posting or transmitting any information that (a) infringes the rights of others, or violates their privacy or publicity rights, (b) is protected by Copyright, Trademark or other Copyright Rights. Property, unless expressly authorized in writing by The Silver XP or the owner of such rights, (c) that contains a virus, bug or any other dangerous item or (d) that is used to illegally conspire against of another person to the detriment of their right to market or compete. You will be solely responsible for any damage caused by any violation of Copyright, Industrial Property, or any other class of Property Rights, or for any other damage caused by your misuse of this place.

AGE AND RESPONSIBILITY.- You declare, regardless of your Country of origin, that you are of sufficient legal age to use this site and subscribe and be bound by these Terms and Conditions, as well as to be responsible for the legal obligations that bind you with any liability incurred by the use of this Site. You understand that you will be financially responsible for all your use of this Site and those who use it using your information to access it.

RESERVATION, PAYMENT AND CANCELLATION POLICIES

RESERVATION POLICIES.- The rates shown on the website are only valid at the time of listing. The rates will apply for their respective charge, only in case of reserving the desired service, otherwise said rates may vary. A reservation is considered complete when you have a confirmation number and the corresponding charge has been applied. At the time of booking, you authorize us in writing and/or verbally to use your credit card number to make your payment, and you expressly confirm that you know and accept these Terms and Conditions as well as the privacy policy of The Silver XP. All reservations are subject to availability at the time of processing your request. Availability cannot be guaranteed until full payment has been received. For some reservations (properly identified before filling in your contact and credit card details), we have to check availability directly with the supplier's reservations department before we can confirm them. The Silver XP asks a maximum of 24 hours for said availability check and confirmation. In order to avoid setbacks, you must print your corresponding coupon and present it when requesting your paid service. If you wish to change or cancel your reservation, please contact your assigned XPeer as soon as possible, mentioning your reservation number. The Silver XP suggests you carefully read the clause corresponding to the CANCELLATION POLICY. Any change of reservation is subject to availability and re-quotation of rates. For more information, you must contact your assigned XPeer, mentioning your reservation number. Every firm confirmed reservation by The Silver XP provides a reservation control number which you must carry at all times.

 

PAYMENT POLICIES.- The amount corresponding to your reservation will be charged immediately by The Silver XP to the credit card information that you provide for this purpose, as long as the status of your reservation shows that it is confirmed, and it will appear on your statement. account with the legend: "TSXP RESERVATION CENTER"" or with the legend equivalent to the Provider. For the payment of your reservation, we accept Visa, Master Card and American Express Credit Cards. If you do not have any of these credit cards, you can send us a bank transfer. For more information please contact one of our XPeer's. The rates published on our site are quoted in various types of currencies, which are duly specified at the time. Mexican pesos will be charged in Mexican pesos. In the case of any other type of currency, the amount of the transaction will be converted into US Dollars at the exchange rate in effect on the date of the transaction. Please take into account that the amount that will appear on your credit card payment receipt may vary up to three percent due to international fluctuations in currency exchange rates. The Silver XP is not responsible for such fluctuation. You acknowledge having been informed of the fluctuation of the exchange rate and agreeing with the corresponding charge in American Dollars. If you require a tax invoice, please request it from your assigned Xpeer. It is worth mentioning that for tax reasons the invoices will be prepared after generating the payment or after having enjoyed the reserved service(s).

You are informed that there are State and Municipal taxes and/or fees both in the Mexican Republic and abroad that could be charged directly by the final service provider, The Silver XP does not assume any responsibility for said charges, nor are they part of the price end of your reservation.

CANCELLATION POLICY.- All cancellation requests must be informed by you in writing via e-mail to your assigned XPeer, mentioning your reservation number. For Cancellation of Hotel Reservations: When selecting the hotel of your choice, you can consult the links called Cancellation Policy, the cancellation terms and conditions applicable to each Hotel. Notwithstanding the information that you may consult in said links.

The Silver XP describes its general cancellation policies applicable to most hotels below:

 

  • Reservations canceled 15 days or more before the arrival date are subject to a charge of 10% of the total amount of your reservation.
  • Reservations canceled from 14 to 3 days before the arrival date are subject to a charge of 2 nights.
  • Reservations canceled from 2 to 0 days before the arrival date, or in case of no arrival, will not be refunded, except in cases of force majeure. In the same way, refunds do not apply for early departures.
  • For the Christmas, New Year and Easter seasons, the cancellation policies are different, if you want information about it, please contact one of our XPeer's.- In the cases in which the

 

reimbursement in terms of these cancellation policies, the amount to be reimbursed will be reflected in your account statement within the next 5-10 business days depending on the Banking Process, mainly the terms of your issuing Bank. For Cancellation of Tours and/or Ground Transportation Reservations: At the time of booking, the applicable cancellation policies for the specific tour or ground transportation will be automatically displayed on the screen for your knowledge. Below The Silver XP describes its general cancellation policies, applicable to most tours and ground transportation services:

  • Reservations canceled 3 days or more before the date of service, are subject to a charge of 10% of the total amount of your reservation.
  • Reservations canceled from 2 to 0 days before the service date, or in case of no-show, will not be refunded.

 

The Silver XP Limited Liability:

 

By virtue of The Silver XP acts solely as an INTERMEDIARY in the provision of the transportation service, since it is not the direct provider of the service, you understand and accept that once said services are requested and paid for, if they are canceled and/or or modified and/or rescheduled by the direct provider of the service, for any reason, which may include, but is not limited to: a) it ceases to carry out its operations on a regular basis;

  1. b) initiates any liquidation procedure or substantially transfers its assets; c) is dissolved or legally terminates its existence; d) a commercial bankruptcy proceeding is initiated over him; e) a strike is initiated by its employees; f) and/or for any other reason, it will be the sole and exclusive responsibility of the direct provider of the service and not of The Silver Therefore, in the event that the aforementioned services are not provided partially or totally by the provider directly from the service, you release The Silver XP from any responsibility or lack of compliance, not reserving any administrative, civil or criminal action, or any right against The Silver XP, nor to claim any claim, compensation, reimbursement, indemnity and / or payment of damages. Likewise, you release The Silver XP from any responsibility that comes from any accident, affectation, damage or any other similar that affects your patrimony and that the user-tourist could have in the use of the services provided by the direct service provider .

 

Once The Silver XP receives from you the amount of the contracted services, be they transportation, tours, lodging, together (package) or any other, The Silver XP has your immediate authorization to issue, issue or acquire, make reservations or anything similar in your name, adhering to and accepting both The Silver XP and you the cancellation, issuance, reservation, ticket sales policies and/or any other of the

 

direct service providers and the Reservation and Cancellation Policies of this Site.

 

INDUSTRIAL PROPERTY.- You acknowledge that the brand “THE SILVER XP”, “XPEERS”, “thesilverxp.com”, among others, are trademarks registered or in the process of being registered for the exclusive use of The Silver XP. And, including but not limited to, the other brands, logos, trade names, patents, utility models and business methods, client portfolio, that appear or work on this Site, constitute Industrial Property rights that are registered or in the process of being registration, are the exclusive property of The Silver XP, its affiliates, or contracting third parties, and were provided for the use of the Site, for this reason The Silver XP has the respective authorizations and/or license for use and therefore you do not You may copy, reproduce, republish, upload, publish, modify, transmit or distribute such rights or the content of this Site, without the prior written permission of The Silver XP, except, in the cases in which (a) You download to view and print the material that is contained in this Site or (b) download or print the material that is sent to your email by The Silver XP, in which situations, You may only and exclusively use it to their personal use, and must always include the legend “© The Silver XP, SA DE CV 2023 All rights reserved.”. Due to the foregoing, nothing contained in this Site, including your rights protected by the applicable Industrial Property Law, by International Laws and Treaties, may be considered by you as a license or right to use any of the Trademarks, or other Industrial Property rights without the prior written consent of The Silver XP, or, where appropriate, of the holders of such rights. And you are prohibited from using them in any other application that is not allowed by The Silver XP or any other commercial use. You agree not to alter the Industrial Property of The Silver XP in any way, nor will action be allowed in any way that may impair, denigrate or diminish the Industrial Property rights of The Silver XP. You agree not to use The Silver XP trademarks or trade names as domain names or register them as part of a domain name or place them as part of Internet Advertising without The Silver XP's prior written consent. The Silver XP reserves the right to monitor the quality of the use of your Industrial Property, in addition, it will notify you immediately in writing in the event of becoming aware of the existence of any violation of your Industrial Property. Any inappropriate use of the content and Industrial Property of this Site is susceptible to violation of Mexican and Foreign Industrial Property Laws, International Treaties as well as rights consigned in the Civil, Criminal and Commerce Code. If you incur in any inappropriate use of the content and Industrial Property of this Site, The Silver XP will have the right to require you (a) to stop using the content that The Silver XP considers violates your Industrial Property rights. (b) that you stop copying, in whole or in part, reproducing, republishing, uploading, publishing, transmitting, distributing or modifying the use of the content and the Industrial Property Rights of this Site (c) may require you to establish an appropriate use of their Industrial Property rights or (d) may initiate the

 

necessary legal procedures to defend your Industrial Property rights.

COPYRIGHT..- You acknowledge, including but not limited to, all texts, paragraphs, statements, specific combination of words, letters or phonetic elements, graphics, button icons, graphic design works, photographs, specific combination of colors and forms, editorial material, print formats, search formats, digital downloads, data compilations, source codes, software, computer programs, databases, advertisements, appearing or operating on this Site, constitute Copyrights that are They are registered or in the process of registration and are the exclusive property of The Silver XP or the provider that provides the service, with ownership of economic rights, or for which there is a license to use or respective Authorization and were provided for the use of the Site. Therefore, you may not copy, reproduce, republish, upload, publish, transmit, modify or distribute said rights or the content of this Site, without having the prior written authorization of The Silver XP, except, in the cases (a) in which You download to view and print the material that is contained in this Site or (b) download or print the material that is sent to your email by The Silver XP, in which situations, You only and you can exclusively use it for your personal use, and must include the legend “© The Silver XP, SA DE CV 2023 All rights reserved.”. Due to the foregoing, nothing contained in this Site, including the rights protected by the applicable Federal Copyright Law, and by International Laws and Treaties, may be considered by you as a license or right to use any of these Copyright without the prior written consent of The Silver XP. And you are prohibited from using them in any application that is not allowed by The Silver XP or any other commercial use. You agree not to tamper with The Silver XP Copyright in any way, nor shall action in any way that may impair, denigrate or diminish The Silver XP Copyright be permitted. You agree not to place all or any part of The Silver XP Copyright as Internet advertising without The Silver XP's prior written consent. The Silver XP reserves the right to monitor the quality of the use of its Copyright, in addition, it will notify you immediately in writing in the event of becoming aware of the existence of any violation of its Copyright. Any inappropriate use of the content and of the Copyright of this Site is susceptible to violation of the Federal, Mexican and Foreign Copyright Laws, of International Treaties as well as rights consigned in the Civil, Criminal and Commerce Code. If You incur in any inappropriate use of the content and Copyright of this Site, The Silver XP will have the right to require you (a) to stop using the content and Copyright of the Site, (b) to stop copying all or partially reproduce, republish, upload, publish, transmit, distribute or modify the use of the content and the Copyright of this Site (c) may require you to establish a fair use of the Copyright or (d) you may initiate the necessary legal procedures to defend your Copyright.

 

PRIVACY AND SECURITY.- You state that you have read The Silver XP PRIVACY AND SECURITY POLICY, the terms incorporated therein, and agree that the terms of such policy are reasonable. You consent to the use of your personal information by The Silver XP and/or its third party suppliers and distributors in accordance with the terms of The Silver XP Privacy Policy and for the purposes set forth therein.

REVIEW OF TRANSMISSIONS.- The Silver XP may monitor and review any information that is transmitted or received through this site and reserves the right to censor, edit, delete or prohibit the transmission or receipt of any information that The Silver XP consider inappropriate or in violation of these terms and conditions. During the time of monitoring, the information may be examined, recorded or copied and by using this site you signify that you consent to such monitoring and review. You further agree that if you make suggestions, ideas, comments or questions, or post any other information on this site, you grant The Silver XP the non-exclusive, royalty-free, perpetual, irrevocable, and with full sublicense right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content in any form, media or technology. The Silver XP is not responsible and will not have any responsibility for any content that is placed or presented by you

LIMITATION OF LIABILITY.- THE SILVER XP SHALL NOT BE LIABLE, NOR DOES IT ASSUME ANY RESPONSIBILITY FOR ANY DAMAGE OR VIRUSES THAT MAY INFECT YOUR COMPUTER OR ANY OTHER PROPERTY DUE TO YOUR ACCESS, USE OR BROWSING OF THIS SITE, OR DOWNLOADING FROM THIS SITE. ANY MATERIAL, DATA, TEXT, IMAGE, VIDEO OR AUDIO FROM THE SITE. IN NO EVENT SHALL THE SILVER XP BE LIABLE FOR ANY INJURY, DAMAGE, LOSS, CLAIM, OR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL, NEGLIGENT, OR TORTUAL DAMAGES RESULTING FROM,

(I) ANY USE OF THIS SITE OR THE CONTENT CONTAINED HEREIN, (II) ANY FAILURE OR DELAY (INCLUDING, WITHOUT LIMITATION, THE USE OF, OR THE INABILITY TO USE, ANY COMPONENT OF THIS SITE FOR RESERVATION SERVICES OR PROCUREMENT), OR (III) THE OPERATION OR NON-OPERATION OF THE SUPPLIER, INCLUDING, BUT NOT LIMITED TO, NON-OPERATION RESULTING FROM BANKRUPTCY, REORGANIZATION, BANKRUPTCY, COMMERCIAL CONCOURSE, DECLARATION OF INSOLVENCY, DISSOLUTION OR LIQUIDATION, STRIKE, LOCKOUT OF WORK, SUSPENSION OF ACTIVITIES BY DECISION OF THE WORKERS OF THE SUPPLIERS, OR BY ANY OTHER SIMILAR, SINCE YOU UNDERSTAND THAT THE SILVER XP IS ONLY INTERMEDIARY IN THE PROVISION OF THE TOURIST SERVICES OFFERED ON THE SITE AND UNDERSTAND THAT IN MOST OF CASOS CANNOT CONTROL THE DESTINATION OF THE PAYMENTS YOU HAVE MADE AND EVEN MORE IF THEY WERE ALREADY USED, IF ANY, BY SUPPLIERS,

 

INCLUDING HOTELS, AIRLINES, GROUND TRANSPORTATION COMPANIES, ETC.

RESPONSIBILITY.- You must be liable for any damages that you generate to The Silver XP, resulting from any misuse or incorrect use that you may make of the Site, or any fraudulent operation or for purposes contrary to the services provided on the site or those that go against current and applicable laws and regulations.

LINKS This Site may contain links to other Web sites which are provided solely as a convenience to you and not as an endorsement of The Silver XP and are owned by third party providers or distributors of the content of such other Web sites. The Silver XP is not responsible for the content of any other Web sites and does not represent or warrant any other Web sites or the content or material on such sites. If you decide to access other websites, you do so at your own risk.

FACEBOOK, TWITTER, YOU TUBE, INSTAGRAM SITES.- This Site contains

link to various social pages, including Facebook pages with username: The Silver XP , INSTAGRAM page with username: the_silver_xp, Twitter page with username: @thesilverxp1 and You Tube with username The Silver XP, accounts managed by The Silver XP; You acknowledge that said pages are exclusively for the informational use and social dissemination of The Silver XP, and The Silver XP will not be responsible, including but not limited to, for the content, information, third-party publication, comments, photographs, videos, hashtag content , nor any other material outside the scope of the direct administration of The Silver XP, nor for the material shared on said social sites by you or any third party and outside the administration of The Silver XP may violate industrial property rights or rights From author. You are responsible for the use that you may make of said sites, and you release The Silver XP from any responsibility for any incorrect or malicious use that you may make of them, or for publications, information, comments, and miscellaneous material that you may be offensive, insidious, erroneous, pornographic or that could incite violence, rebellion, strike, or any activity not permitted by law and good customs.

WEATHER.- This Site may provide you with the weather information and update service, which may be published solely and exclusively for informational purposes; You agree to The Silver XP and The Silver XP will not be responsible for any inconsistency, inaccuracy or information published within its Weather service, The Silver XP is not responsible for any change in weather conditions, it is out of absolute control of The Silver XP, therefore You acknowledge and release The Silver XP from all liability in a limited, but not limited manner, for any claim, refund, complaint, compensation, credit, exchange, cancellation, inconvenience, inconvenience, accident, injury , diseases, physical or material losses, damages, detriment or affectation in his person or in his patrimony, death and all those

 

derived from the weather conditions of any of the destinations offered by The Silver XP.

MAP.- This Site may provide you with the link exclusively for informational purposes of Google Maps ©, regarding the location of various services provided by The Silver XP; You acknowledge that the maps that may be published on the Site, as well as the location of such services, are solely for location and approximate location purposes, however, You acknowledge and agree that by using the maps, You are subject to the terms and conditions of use established by Google Maps ©, for which you release The Silver XP from any responsibility derived from any inconsistency regarding the location or directions shown on the maps, release The Silver XP from any disorientation, or any loss of location that may suffer derived from the use of the maps and releases The Silver XP in an enunciative but not limited manner on any change, refund, complaint, cancellation, surcharges, no show, claim, credit, compensation and any other that may derive from the inconsistencies or inappropriate use of the maps published on this Site and exclusive property of Google Maps ©.

TRUE INFORMATION.- You acknowledge and accept your total obligation and responsibility to provide truthful and correct information about the ages, sex, names or surnames of both you and the other user-tourists who accompany you or who commission you to make use of it. Site, as well as the data and complete information for the formation of the itinerary and the reservation of terrestrial and maritime services (hotels, visits, rental cars, restaurants, cruises, etc.) releasing THE SILVER XP from any responsibility for itinerary changes generated by misprovided data, or by any error in the data provided by you for the issuance, purchase or reservation of the services provided by the direct service provider, such as age, sex, names, surnames, dates, shapes payment, routes, airlines, schedules, classes, categories, special conditions, etc., adhering to the cancellation clauses for said services expressed in these Terms and Conditions.

RESPECT OF THE REGULATIONS AND CONDITIONS OF THE SERVICES.-

You agree to abide by and respect the regulations and conditions of service established by each of the Suppliers and direct service providers contracted by you through the intermediation of THE SILVER XP, for which reason THE SILVER XP must inform you of the that are more important, however, the Provider may notify you of new or additional conditions of service for which The Silver XP has no responsibility and consequently declines any responsibility that may arise from non-compliance. Likewise, you must provide yourself with the passports or migration documents required by the authorities of the United Mexican States and the countries of destination or transit, such as visas, health permits, vaccines and all those documents required by the Customs, Air, Maritime, Airport, Federal, State, Municipal authorities, etc., that are necessary

 

to make your trip, releasing The Silver XP from any problem that may arise with said authorities, as well as the loss of plane tickets, air transportation or hotel nights due to said omissions that in no case can be attributed to The Silver XP for being the sole responsibility of you.

In case of hotel reservations, tours or transportation, you agree to sign upon arrival at the reserved establishment, the service contract, the registration card or corresponding documentation provided by said establishment.

OF THE ORIGIN OF THE RESOURCES: The user-tourist declares that the resources with which he will pay for any type of service, reservation or any other product related to this instrument, are of legal origin.

ADVANCE OR LIQUIDATION OF THE AMOUNT.- Both parties agree that the payment of advances or settlement of the amount of the services object of these Terms and Conditions by you, as well as the use of coupons, tickets, courtesies, or any other document issued in your favor, implies full acceptance of these Terms and Conditions on your part.

ADDITIONAL AGREEMENTS WITH SUPPLIERS.- The Silver XP remains

relieved of any liability derived from additional agreements and outside the intermediation with The Silver XP that have been entered into between You and other Providers direct providers of the services, such as air and land carriers, shipping companies, cruise ships, hotels, car rental companies, etc. .

SERVICES BY OR FOR THIRD PARTIES.- In the event that you contract the services of The Silver XP through the Site, in any of our establishments, on behalf of a different travel agency or any third party, or you contract them through favor of third parties, you agree that all the aforementioned subjects will be invariably subject to these Terms and Conditions. In the event that you contract the services of The Silver XP on behalf of a different travel agency, or any third party, acting as intermediaries, The Silver XP disclaims any responsibility or problem generated by the non-compliance of the intermediary or travel agency. trips and in the same sense for data incorrectly provided by the intermediary or travel agency for the reservation of any service, or, for the negligence in which said intermediary could incur by omitting information to the user-tourist or to you about the contracting procedures , payment and cancellation of the services that are acquired.

DISCLAIMER OF LIABILITY.- The Silver XP as an Internet Travel Agency, provides services as an intermediary reservation agent between you and the direct Provider or Providers of the tourist services promoted on this Site. The Silver XP establishes commercial negotiations within its own quality and service standards, such as, but not limited to: hotel accommodation, ground transportation and other related tourist activities such as tours and excursions, choosing only the most qualified and quality suppliers.

 

higher market prestige. Now, since the legal nature of The Silver XP is to function solely and exclusively as an INTERMEDIARY and not as a direct provider of tourist services, The Silver XP does not assume and will not assume any responsibility generated from any relationship before You and the Providers. End of Services and in turn You release The Silver XP from any responsibility for any failure or non-compliance on the part of the Provider or direct Providers of the tourist services, including without limitation any failure or compliance on the part of airlines, hotels, temporary lodging providers, shipping companies and all kinds of boats, water sports providers, car rental agencies, transportation agencies, tour operators, diving instructors, snorkeling instructors, golf instructors, swim with dolphins instructors, instructors fishing, providers of adventure sports and extreme sports, water parks, ecological parks, and in general about any failure or lack of compliance by all those tourist services that are provided directly by one or several Suppliers and not direct by The Silver XP; However, The Silver XP, may, at its free discretion, provide you with contact information and/or address of the provider so that you can exercise the respective claim or claim route that you consider necessary. The Silver XP as a Travel Agency and INTERMEDIARY agent of reservations, does not offer, nor will it offer any guarantee about the services provided directly by the Suppliers, nor does it guarantee their financial position or any reimbursement to You caused by any loss experienced as result of the financial condition of said Provider, including without limitation, economic insolvency, or Commercial Bankruptcy in which said Provider is declared. In the event that the Provider fails to perform any of its services, for which payment has already been made by You, the only recourse for reimbursement must be processed directly with the Provider that failed to provide its services, or may request insurance coverage if applicable or to any other third party, unless the above failure is caused directly by The Silver XP. The Silver XP, assumes no responsibility before You and You release The Silver XP from all responsibility for acts, omissions or any type of complaint or dissatisfaction derived from the services provided by the direct service providers on the Site announced, by virtue of which The Silver XP has no control or legal relationship over its personnel, equipment, operation, advertising or property. In those situations in which the Provider fails to provide its services, You may seek any recourse permitted by applicable laws against the Provider. The Silver XP guarantees that it has high service standards and will take special care in the selection of Suppliers to avoid their failure at all times.

Likewise, The Silver XP will not be responsible and You release The Silver XP from all responsibility regarding:

 

  1. The veracity of the photographs shown on your Site, since they are only representative and do not guarantee that upon arrival, everything will be exactly the same as it is seen and described on the Site; Since the

 

They are provided by the direct providers of the service, for which their veracity is the sole and exclusive responsibility of the providers and any claim about alleged misleading advertising. You acknowledge that you must make it directly to the providers because The Silver XP is not responsible for said images with full knowledge of you from the moment you contract your tourist service.

  1. The star category assigned to hotels and services, as they are based on the interpretation of The Silver XP and Direct Service Providers and may differ from the categories reported elsewhere;
  2. The descriptions of the travel services are updated by The Silver XP to the best of its knowledge, but do not guarantee that everything will be exactly the same upon arrival;
  3. Any type of failure on your part to obtain the required documentation for your trip such as, but not limited to, passports, visas, vaccinations, permits, certificates, etc.
  4. Any type of failure by You to follow the travel instructions including, but not limited to, airport departure times, hotel entry and exit times and dates, coupon redemption policies, etc.;
  5. Due to lack of financial conditions on the part of the Supplier to provide the service, in the event that the final service provider declares bankruptcy or bankruptcy and/or bankruptcy on strike, temporary or permanent suspension of activities in accordance with the legislation of Mexico or of the countries where the provider of the services is located and that for said reasons or any other similar one has to stop providing the service, you agree that you will have to request a refund of the amount paid directly to the provider, since , the final provider of the service is the one who has in his possession the amount paid by
  6. Regarding the terms and conditions and/or policies of the direct Suppliers of The Silver XP, You will not assume any responsibility and You release The Silver XP from all responsibility, as well as any claim, cost, expense or loss that You may suffer, including any Personal injury or injury to third parties, accidents or death, damage to personal belongings, loss of enjoyment, anger, disappointment, anguish or frustration, whether mental or physical, as long as they are the result of:
    • Any failure or default on the part of the Direct Provider in providing the service.
    • Any failure or fault on your part when enjoying the contracted services.
    • Any failure or failure of you to observe or comply with the terms and conditions, policies, instructions, recommendations, security measures, etc. of the final Service Providers.
    • Cases of force majeure or fortuitous events such as: strikes, delays, earthquakes, war conflicts, hurricanes, snowfall, and in general any other legal or natural event that is unpredictable and that is not attributable to The Silver XP.
    • Acts or omissions of any person other than The Silver XP

 

  • Illness, theft, labor disputes, mechanical failure, quarantine, government action, weather, or any other cause beyond the direct control of The Silver XP
  • Misunderstandings on your part regarding the terms and conditions in which the service will be provided, since you understand that the only ones that will govern are those present and not any other that you believe you have received verbally or by telephone by any person, whether that those that will govern will always be those that you received in writing and these will be valid at the time of making your reservation.
  • At your insistence to carry out any type of trip, tourist activity, take a tour, excursion, take any type of air, land, sea or any type of transportation, under precarious health conditions or that are not optimal for the development of such activities, as well as the development by you of any type of extreme sports or activities that may imply some danger and that were carried out with your full knowledge, or when you suffer from any type of disease, medical condition, disability, any type of allergy, are If you are under medication or medical prescription, indications for rest and/or all those medical conditions that were omitted at your own risk and that could result in a deterioration of your health when carrying out said activities under awareness of cause, on such occasions always will be considered to have been carried out at your own risk, releasing The Silver XP from any claim, demand, complaint, disagreement, reward, compensation, compensation, claim for direct, indirect, punitive, courtesy, damages, derived from any incident caused during the development of any service or activity and any future event derived from the initial incident due to any of these causes.
  • Any other event that is not under the direct control of The Silver Any claim or written notification against The Silver XP must be received no later than fourteen

(14) days after the return from your trip; The Silver XP reserves the right to reject or carry out a commercial operation with any User-Tourist at any time; The Silver XP reserves the right to cancel or change travel services at our discretion, but will attempt to substitute comparable services; You will be responsible for verifying that the final Provider has special services such as access, amenities and services for people with different, physical or any other type of capacity, which is suggested to be done prior to making your reservation. You will be responsible for reading and abiding by the terms and conditions and/or policies of the Final Service Providers.

 

The full refund will not be applicable in situations in which the trip has to be cancelled, interrupted and/or postponed by The Silver XP for reasons beyond its control (force majeure, such as, but not limited to, weather , hurricane, earthquakes, acts of terrorism, strikes, pandemics, bankruptcy or bankruptcy filing, suspension of activities, etc.) and in which The Silver XP's contractual obligations with its suppliers do not allow it to obtain reimbursement of the amount paid or to be paid to the Provider on behalf of the customer. In any case, at The Silver XP's discretion, 10% may be withheld from the total amount paid for the reservation as an administrative expense. Despite the close communication established by The Silver XP with the Providers announced here, there is a possibility that the validity of some prices has expired or comes from information erroneously or inaccurately provided by said Providers with which our database is fed. Notwithstanding this, The Silver XP takes the precaution of verifying the rates that apply with each reservation. In the event that the correct price is less than the amount quoted, The Silver XP will apply the lower amount. In the event that the correct price is greater than the quoted amount, your assigned XPeer will promptly contact you, informing you of the correct amount or registering the cancellation of the reservation at your request for not agreeing with the price increase. , expressly releasing The Silver XP and its Providers from any responsibility or payment of compensation for inconveniences caused by said cancellation. In the event that the contracted services cannot be partially or totally provided by the Supplier, The Silver XP may only, on certain occasions, manage the reimbursement of the appropriate amount on your behalf, The Silver XP being relieved of any responsibility or commitment greater in cases where reimbursement for the full or remaining amount is not reimbursed by the Provider.

In cases where due to any error or manipulation by You of The Silver XP system, an amount illogically less than the commercial value of the service offered is obtained, unless it is expressly offered as an extraordinary offer or as a promotion for being a frequent customer, The Silver XP will be able to notify the client-tourist the real and true price before the service is provided, so that the client decides if he wishes to keep his reservation and if not, he accepts that the amounts he has paid will be reimbursed. in the same method of payment that you have made, without responsibility for The Silver XP.

TERMINATION.- The Silver XP may terminate these Terms and Conditions and/or any of its services at any time without the need to notify or notify said termination, for any cause or reason, including for any inappropriate use of this site or its breach with these Terms and Conditions. However, such termination will not affect any right or obligation contracted by The Silver XP before you once a reservation is confirmed.

ASSIGNMENT.- You may not assign, subcontract, or delegate your rights, obligations, or duties contracted herein.

 

SEVERABILITY.- These Terms and Conditions will continue to be severable. In the event that any term or Condition is found to be prohibited or unenforceable, such provision shall nonetheless be binding and such determination shall not affect the validity and enforceability of any other remaining provision.

TITLES.- The titles used in the Terms and Conditions are only used for your convenience and will not limit or otherwise affect the content of the Terms and Conditions established herein.

TOTAL AGREEMENT.- These Terms and Conditions, which are included here, or to which reference is made, constitute the total and complete agreement between the parties in relation to the object established herein, and replace any previous agreement or contract made between the parties. (whether oral or written) relating to the same subject matter, and will not be amended or modified except in writing or by making such amendments or modifications available on this site.

APPLICABLE LEGISLATION.- These Terms and Conditions will be governed by the laws of the state of Quintana Roo. You declare that you are aware of the scope of this Contract, whose Terms and Conditions are the faithful expression of your will and are submitted in the case of non-compliance or interpretation to the jurisdiction of the Federal Consumer Attorney's Office, in administrative proceedings, as a conciliatory instance, to resolve any differences that may arise and in the event that they persist. You agree to submit to the jurisdiction of the Laws and Courts of Cancun, Quintana Roo, Mexico, under its exclusive jurisdiction, waiving any other jurisdiction that by reason of their present or future domiciles or by the location of their assets or by their nationality it may correspond to them. To the extent permitted by applicable law, no complaint, claim or cause of action relating to your access to or use of this Site shall be filed after the expiration of one (1) year following the date such complaint , claim or action has been filed or the purchase has been completed.

Last update: February 17, 2023

PLEASE READ THE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.

INTRODUCTION.- Welcome to the https://thesilverxp.mx website (“The Silver XP”), referred to as the “Site”. Your use of this Site is expressly conditioned upon your acceptance of these Terms and Conditions. By using this site, you signify your consent to the Terms and Conditions. The Silver XP reserves the right to add or modify the Terms and Conditions at any time. All terms added or modified will take effect at the time they are updated. Your continued use of this site even after the posting of changes made to the Terms and Conditions will mean that You accept those changes. Please return periodically to this page for any changes.

DEFINITIONS.- For all purposes of the Terms and Conditions established herein, the following definitions shall be understood:

TRAVEL AGENCY.- Company that carries out the commercialization of services through technological platforms, islands in shopping centers or plazas, as well as conventions and/or tourism expos in different places, which hire and/or act as an intermediary through their reservation services, for the benefit of a User-Tourist, regarding the tourist services provided directly by the Supplier. (Hereinafter referred to hereinafter as "The Silver XP").

https://thesilverxp.mx .- Website of “The Silver XP” that acts as an intermediary and as a booking engine, offering through the internet to the User-Tourist, the various tourist services provided directly by the Provider. (Here after referred to as ” Site”).

USER-TOURIST.- Person who travels temporarily and / or who uses the https://thesilverxp.mx site, in order to make use of the intermediation and the reservation engine of The Silver XP and with the ultimate purpose of enjoying any of the tourist services provided directly by the Provider. (Hereinafter referred to hereinafter as "You").

PROVIDER.- Natural or legal person who directly provides tourist services to the User- Tourist, contracted, reserved or acquired by the latter through the intermediation and booking engine of The Silver XP site.

XPEER.- Personnel specialized in attention to the User-Tourist who has the functions, including but not limited to, make reservations in restaurants, tour, transportation, travel advice, recommendations of tourist activities and events within different destinations, promotion of tourist services, orientation of medical services, and any other need.

STATEMENTS.- You declare under protest of telling the truth, appearing in your own and personal right and / or through your legal representative, that you are a natural or legal person, of legal age, skillful, capable and with sufficient means or with economic capacity to be bound under these Terms and Conditions, as well as with interest in acquiring the intermediation and reservation services specified herein, and that for this you resort to The Silver XP in order to function as a mere intermediary between you and the Suppliers direct

providers of tourist services.

 

 

You declare under protest of truth, that you acknowledge that the services provided by The Silver XP and its Site, consist SOLELY AND EXCLUSIVELY IN THE INTERMEDIATION BETWEEN YOU AND THE DIRECT PROVIDER OF THE SERVICES. The Silver XP SA de CV; declare (to)

to be a commercial company duly constituted in accordance with Mexican laws. (b) That it has authorization from the Ministry of Tourism to provide Travel Agency service, similarly it is registered with the Tax authorities with the Federal Taxpayers Registry number TSX190427HI7. (c) That its address is located at Calle Caimito, Mz 13, Lote 18, SM 25, Cancún, Quintana Roo, CP 77509. (d) That its corporate purpose consists of the faculty to: Act as an intermediary for the reservation of spaces in the means of transport and issue the corresponding tickets on behalf of the carriers and in favor of tourists; (e) serve as an intermediary between tourists and transport service providers of any kind, in the terms indicated by the Laws and Regulations; Booking rooms and other related services for tourists in hotels and lodging establishments; providing tourists with reservation services for tourist attraction sites; acting as an intermediary between other providers of tourist services and other travel agencies; providing tourist information services and disseminating such propaganda material that is freely distributed. (f) Serve as an intermediary between other providers of tourist services (including, but not limited to, hotels, entertainment centers, excursions, guided tours and / or rental of all types of vehicles) and other travel agencies (g) That for the purposes of these Terms and Conditions, only acts as an INTERMEDIARY between you and the Providers of said tourist services, and that for this purpose, it has the technical and administrative capacity, as well as the material and human elements necessary to reserve on behalf of and at your request the services referred to in these Terms and Conditions. (h) That based on the foregoing Statements, you accept these Terms and Conditions.

OBJECT.- The object consists of the INTERMEDIATION that will exist between The Silver XP, You and the Suppliers, where The Silver XP for the purposes of these Terms and Conditions, will act solely and exclusively as an INTERMEDIARY, providing you through your Site in an enunciative but not limiting way, the ground transportation reservation service, and aerial; reservation in hotels and lodging establishments; reservation of tourist attraction sites; booking travel packages; among others, Thus, once the reservations are confirmed by The Silver XP containing the tourist services chosen by You (according to your availability), the provision of the intermediation service by The Silver XP will be concluded, since said tourist services will be provided to You by the Suppliers directly.

SITE USE.- The Silver XP grants you a limited, non-transferable, revocable license to use this Site in accordance with these Terms and Conditions. You must use this site only to make or purchase legitimate reservations and may not use it for any other purpose, including but not limited to making any speculative, false or fraudulent reservations. This Site and its content referred to therein, but not limited to: texts, paragraphs, statements, specific combination of words, letters or phonetic elements, graphics, button icons, trademarks, logos, graphic design works, photographs, commercial notices, patents, commercial method, specific combination of colors and shapes, editorial material, printed formats, search formats, digital downloads, compilations of data, source code, software, etc. are the exclusive property of The Silver XP or have all the Licenses and Authorizations for such use,

 

 

therefore You may not copy, reproduce, republish, upload, modify, transmit or distribute such content without the prior written authorization of The Silver XP, except, in cases (a) where You download to view and print the material contained on this Site or (b) download or print the material sent to You by The Silver XP, in both situations You may only and exclusively use it for your personal use, The printed material must always include the legend “© The Silver XP, SA DE CV 2023 All rights reserved.” being strictly prohibited any total or partial reproduction of the Site or any use of its content for commercial gain. You may not use any “robotic,” spider or other automatic device, program, algorithm or methodology that has similar processes or functions, or any manual process, to monitor or copy any of the Web pages, data or content, source code, found on this Site in any case and without the prior written consent of The Silver XP. In accordance with the foregoing, you agree that you will not copy, publish, transmit, modify or otherwise transfer the data or content of this Site to any computer, server, website, or other means of mass distribution, for use by any commercial company , any site, web page, or national or foreign company that represents an economic activity. You also agree that you will not use any device of any kind, software or routine to interfere with the proper performance of this site. Your unauthorized use of this site or any total or partial reproduction of the Site and/or its content and its material may violate the laws governing the ownership of Copyright, Industrial Property Rights and other laws. You must respect all notices about Copyright and Industrial Property Rights and may not alter, obscure, or destroy any of these notices. The use of such material on any other website or in any networked computer environment is prohibited. It is prohibited by The Silver XP for you to post or transmit any material that is unlawful, threatening, libelous, defamatory, obscene, indecent, pornographic, profane, or any material that may constitute or encourage others to engage in conduct that may be considered criminal offenses, that results in civil offenses, or that otherwise violates any law. In addition, You are prohibited from displaying or transmitting any information that (a) infringes the rights of others, or violates your privacy, or rights of publicity, (b) is protected by Copyright, Trademark or other Proprietary Rights, unless you have the express written permission of The Silver XP or the owner of such rights, (c) contains a virus, bug or other dangerous item or (d) is used to collude against another person to the detriment of their right to trade or compete. You will be solely responsible for any damage caused by any violation of Copyright, Industrial Property, or any other kind of Property Rights, or for any other damage caused by your misuse of this site.

AGE AND RESPONSIBILITY.- You represent, regardless of your Country of origin, that you are of sufficient legal age to use this site and to subscribe and be bound by these Terms and Conditions, as well as to be responsible for the legal obligations that unite you with any liability incurred by you for the use of this Site. You understand that you will be financially responsible for all use by you of this Site and those who use it using your information to access it.

RESERVATION, PAYMENT AND CANCELLATION POLICIES

RESERVATION POLICIES.- The rates shown on the website are only valid at the time of quotation. The rates will apply for their respective charge, only in case of booking the

 

 

Desired service, otherwise these rates may vary. A reservation is considered completed when you have a confirmation number and the corresponding charge has been applied. At the time of booking, you authorize us in writing and / or verbally to use your credit card number to make your payment, and expressly confirm to know and accept these Terms and Conditions as well as the privacy policy of The Silver XP. All reservations are subject to availability at the time of processing your request. Availability cannot be guaranteed until full payment has been received. For some reservations (properly identified before filling out your contact and credit card details), we need to check availability directly with the supplier's reservations department before we can confirm them to you. The Silver XP asks for a maximum of 24 hours for such availability check and confirmation. In order to avoid setbacks, you must print your corresponding coupon and present it at the time of requesting your paid service. If you wish to change or cancel your reservation, please contact your assigned XPeer as soon as possible, mentioning your reservation number. The Silver XP suggests that you carefully read the clause corresponding to the CANCELLATION POLICIES. Any reservation change is subject to availability and re-quotation of rates. For more information, you should contact your assigned XPeer, mentioning your reservation number. Every reservation confirmed by The Silver XP provides a reservation control number which you must carry at all times.

PAYMENT POLICIES.- The amount corresponding to your reservation The Silver XP will be charged immediately to the credit card information you provide for this purpose, provided that the status of your reservation shows that it is confirmed, and will appear on your statement with the legend : “TSXP RESERVATION CENTER” or with the legend equivalent to the Provider. For the payment of your reservation, we accept Visa, Master Card and American Express Credit Cards. If you do not have any of these credit cards, you can send us a bank transfer. For more information please contact one of our XPeer's. The rates published on our site are quoted in several types of currencies, which are duly specified at the time. Mexican Pesos will be charged in Mexican Pesos. In the case of any other currency, the transaction amount will be converted to US Dollars at the exchange rate in effect on the date of the transaction. Please note that the amount that will appear on your credit card payment receipt may vary up to three percent due to the international fluctuation of the currency exchange rate. The Silver XP is not responsible for such fluctuation. You acknowledge that you have been informed of the fluctuation of the exchange rate and agree to the corresponding charge in US Dollars. If you require a tax invoice, please request it from your assigned Xpeer. It is worth mentioning that for tax reasons the invoices will be prepared after generating the payment or after having enjoyed the reserved service(s).

You are informed that there are taxes and / or State and Municipal fees both in the Mexican Republic and abroad that could be charged directly by the final provider of the service, The Silver XP does not assume any responsibility for such charges, nor are they part of the final price of your reservation.

CANCELLATION POLICY.- Any cancellation request must be informed by you in writing via e-mail to your assigned XPeer, mentioning your reservation number. For Cancellation of Hotel Reservations: When selecting the hotel of your preference, you can consult in the links

 

 

called Cancellation Policy, the cancellation terms and conditions applicable for each Hotel. Notwithstanding the information that you can consult in these links.

The Silver XP describes below its general cancellation policies applicable to most hotels:

 

  • Reservations canceled 15 days or more prior to arrival date are subject to a charge of 10% of the total amount of your reservation.
  • Reservations canceled 14-3 days prior to arrival are subject to a 2-night charge.
  • Reservations canceled 2 to 0 days before the arrival date, or in case of non-arrival, will not be refunded, except in cases of force Likewise, refunds do not apply for early departures.
  • For the Christmas, New Year and Easter seasons, the cancellation policies are different, if you want information about it, please contact one of our XPeer's.- In cases where the refund is appropriate in terms of these cancellation policies, the amount to be refunded will be reflected in your account statement within the next 5-10 business days depending on the Banking Process, mainly of the terms of its issuing For Cancellation of Tour Reservations and / or Ground Transportation: At the time of booking, the cancellation policies applicable to The tour or specific ground transportation will be automatically displayed on the screen for your knowledge. The Silver XP describes below its general cancellation policies, applicable to most tours and ground transportation services:
  • Reservations canceled 3 days or more before the date of service, are subject to a charge of 10% of the total amount of your reservation.
  • Reservations canceled 2 to 0 days before the date of service, or in case of non-arrival, will not be refunded.

 

The Silver XP Limited Liability:

 

By virtue of the fact that The Silver XP acts only as an INTERMEDIARY in the provision of the transportation service, as it is not the direct provider of the service, you understand and accept that once such services are requested and paid, if they are canceled and / or modified and / or rescheduled by the direct provider of the service, for any reason, which may be but not limited to: a) ceases to carry out its operations on a regular basis; (b) initiates winding-up proceedings or transfers substantially its assets; (c) is dissolved or legally terminated; (d) bankruptcy proceedings are initiated against it; (e) a strike is initiated by its employees; f) and/or for any other reason, will be the sole and exclusive responsibility of the direct service provider and not of The Silver XP. Therefore, in the event that the services in question are not partially or totally provided by the direct service provider, you release The Silver XP from any responsibility or lack of compliance, not reserving any administrative, civil or criminal action, or any right against The Silver XP, or to claim any claim, compensation, reimbursement, compensation and / or payment of damages. Likewise, you release The Silver XP from any liability arising from any loss, affectation,

 

damage or any other analogous that affects your property and that the tourist-user may have in the use of the services provided by the direct service provider.

 

Once The Silver XP receives from you the amount of the contracted services, whether they are transportation, tours, lodging, together (package) or any other, The Silver XP has the immediate authorization of You to issue, issue or acquire, make reservations or any similar to your name, adhering to and accepting both The Silver XP as you the policies of cancellation, issuance, reservation, sale of tickets and / or any other of the direct providers of services and the Reservation and Cancellation Policies of this Site.

 

INDUSTRIAL PROPERTY.- You acknowledge that the trademark “THE SILVER XP” “XPEERS”, “thesilverxp. com”, among others, are registered trademarks or in the process of registration for the exclusive use of The Silver XP. And including but not limited to, other trademarks, logos, trade names, patents, utility models and business methods, client portfolio, which appear or operate on this Site, constitute Industrial Property rights that are registered or in the process of registration, are the exclusive property of The Silver XP, its affiliates, or third contracting parties, and were provided for the use of the Site, for this reason The Silver XP has the respective authorizations and / or license of use and therefore You may not copy, reproduce, republish, upload, publish, publish, modify, transmit or distribute such rights or the content of this Site, without having the prior written authorization of The Silver XP, except, in cases (a) where You download to view and print the material contained on this Site or (b) download or print the material sent to You by The Silver XP, in which situations, You may only and exclusively use it for your personal use, must always include the legend “© The Silver XP, SA DE CV 2023 All rights reserved.” In view of the foregoing, nothing contained in this Site, including your rights protected by applicable Industrial Property Law, by International Laws and Treaties, may be considered by You as a license or right to use any of the Trademarks, or other Industrial Property rights without the prior written consent of The Silver XP, or, where applicable, the holders of such rights. And you are prohibited from using them in any other application that is not permitted by The Silver XP or any other commercial use. You agree not to alter The Silver XP Industrial Property in any way, nor will you allow any action that in any way may impair, denigrate or diminish The Silver XP's Industrial Property rights. You agree not to use The Silver XP trademarks or trade names as domain names or register them as part of a domain name, or to place them as part of Internet Advertising without the prior written consent of The Silver XP. The Silver XP reserves the right to monitor the quality of the use of your Industrial Property, in addition, it will notify you immediately in writing in the event of becoming aware of the existence of any violation of your Industrial Property. Any inappropriate use of the content and Industrial Property of this Site is susceptible to violation of the Laws of Industrial Property, Mexican and Foreign, International Treaties as well as rights set forth in the Civil, Criminal and Commercial Code. If you incur in any inappropriate use of the content and Industrial Property of this Site, The Silver XP will have the right to require you (a) to stop using the content that The Silver XP considers violates its Industrial Property rights. (b) that it stops copying totally or partially, reproducing, republishing, uploading, publishing, transmitting, distributing or modifying the use of the

 

 

content and Industrial Property Rights of this Site (c) may require you to establish an appropriate use of your Industrial Property rights or (d) you may initiate the necessary legal procedures to defend your Industrial Property rights.

COPYRIGHT. – You acknowledge by way of example but not limited to all texts, paragraphs, statements, specific combination of words, letters or phonetic elements, graphics, button icons, graphic design works, photographs, specific combination of colors and shapes, editorial material, printed formats, search formats, digital downloads, data compilations, source codes, software, computer programs, databases, advertisements, which appear or work on this Site, constitute Copyrights that are registered or in the process of registration and are the exclusive property of The Silver XP or the provider that provides the service, with ownership of economic rights, or on which it has a License of use or respective Authorization and were provided for the use of the Site, therefore You may not copy, reproduce, republish, upload, publish , transmit, modify or distribute such rights or the content of this Site, without the prior written permission of The Silver XP, except, in cases

(a) in which You download to view and print the material contained in this Site or (b) download or print the material that is sent to Your email by of The Silver XP, in which situations, you may only and exclusively use it for for your personal use, and must include the legend “© The Silver XP, SA DE CV 202 3 All rights reserved.”. In view of the foregoing, nothing contained on this Site, including the rights protected by applicable Federal Copyright Law, and by International Laws and Treaties, shall be deemed by You to be a license or right to use any of these Copyrights without the prior written consent of The Silver XP. And you are prohibited from using them in any application that is not permitted by The Silver XP or any other commercial use. You agree not to alter The Silver XP Copyright in any way, nor will you permit any action that in any way may impair, denigrate or diminish The Silver XP Copyright. You agree not to place all or part of The Silver XP Copyright as internet advertising without the prior written consent of The Silver XP. The Silver XP reserves the right to monitor the quality of the use of your Copyright, in addition, it will notify you immediately in writing in the event of becoming aware of any violation of your Copyright. Any inappropriate use of the content and Copyright of this Site is susceptible to violation of the Federal Copyright Laws, Mexican and Foreign, International Treaties as well as rights set forth in the Civil, Criminal and Commercial Code. If you engage in any inappropriate use of the content and Copyright of this Site, The Silver XP shall have the right to require you to

(a) stop using the content and Copyright of the Site, (b) to stop copying in whole or in part, reproducing, republishing, uploading, publishing, publishing, transmitting, distributing or modifying the use of the content and Copyright of this Site (c) may require you to establish an appropriate use of the Copyright or (d) you may initiate legal proceedings necessary to defend your Copyright.

PRIVACY AND SECURITY.- You represent that you have read The Silver XP's PRIVACY AND SECURITY POLICY, the terms incorporated therein, and agree that the terms of such policy are reasonable. You consent to your personal information being used by The Silver XP and

/or its third party suppliers and distributors in accordance with the terms of The Silver XP's Privacy Policy and for the purposes set out therein.

 

 

The Silver XP may monitor and review any information transmitted or received through this site and reserves the right to censor, edit, delete or prohibit the transmission or receipt of any information that The Silver XP deems inappropriate or violates these terms and conditions. During the duration of the monitoring, information may be examined, recorded or copied and by using this site you signify that you consent to such monitoring and review. You further agree that if you make suggestions, submit ideas, comments or ask questions, or post any other information on this site, you grant The Silver XP a non-exclusive, royalty-free, perpetual, irrevocable right with full sublicense right to use , reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content in any form, medium or technology. The Silver XP is not responsible and will have no responsibility for any content that is posted or presented by You

LIMITATION OF LIABILITY.- THE SILVER XP SHALL NOT BE RESPONSIBLE FOR, AND ASSUMES NO LIABILITY FOR, ANY DAMAGE TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER OR ANY OTHER PROPERTY OF YOU DUE TO YOUR ACCESS, USE OR BROWSING OF THIS SITE, OR FOR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE. IN NO EVENT SHALL THE SILVER XP BE LIABLE FOR ANY INJURY, DAMAGE, INJURY, LOSS, CLAIM OR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL DAMAGES OF NEGLIGENCE, OR TORTIOUSNESS, RESULTING FROM, (I) ANY USE OF THIS SITE OR THE CONTENT FOUND HEREIN, (II) ANY FAILURE OR DELAY (INCLUDING, WITHOUT LIMITATION, THE USE OF, OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR RESERVATION OR CONTRACTING SERVICES). ), OR (III) THE OPERATION OR NON-OPERATION OF THE SUPPLIER, INCLUDING, BUT NOT LIMITED TO, NON-PERFORMANCE RESULTING FROM BANKRUPTCY, REORGANIZATION, BANKRUPTCY, BANKRUPTCY, DECLARATION OF INSOLVENCY, DISSOLUTION OR LIQUIDATION, STRIKE, WORK STOPPA GE, SUSPENSION OF ACTIVITIES BY DECISION OF THE WORKERS OF THE SUPPLIERS, OR BY ANY OTHER SIMILAR, AS YOU UNDERSTAND THAT THE SILVER XP IT IS ONLY AN INTERMEDIARY IN THE PROVISION OF THE TOURIST SERVICES OFFERED ON THE SITE AND UNDERSTANDS THAT IN MOST CASES IT CANN OT CONTROL THE DESTINATION OF THE PAYMENTS YOU HAVE MADE AND EVEN MORE SO IF THEY WERE ALREADY USED, WHERE APPROPRIATE, BY SUPPLIERS, INCLUDING HOTELS, AIRLINES, LAND TRANSPORT COMPANIES, ETC.

RESPONSIBILITY.- You must respond for the damages generated to The Silver XP, resulting from any misuse or incorrect use that may be made of the Site, or on any fraudulent operation or for purposes contrary to the services provided on the site or those that go against the laws and regulations in force and applicable.

LINKS This Site may contain links to other Web sites which are provided solely as a convenience to you and not as an endorsement of The Silver XP and are owned by third party providers or distributors of the contents of such other Web sites. The Silver XP shall not be responsible for the content of any other Web site and does not represent or warrant any other Web site or the content or material of such sites. If you decide to access other websites, you do so at your own risk.

FACEBOOK, TWITTER, YOU TUBE, INSTAGRAM SITES.- This Site contains links to various social pages, including Facebook pages with username: The Silver XP, INSTAGRAM page

 

 

with username: the_silver_xp, twitter page with username: @thesilverxp1 and You Tube with user The Silver XP, accounts managed by The Silver XP; You acknowledge that these pages are exclusively for informational and social dissemination use of The Silver XP, and The Silver XP shall not be responsible but not limited to the content, information, third party postings, comments, photographs, videos, hastag content, or any other material outside the scope of direct administration of The Silver XP. , nor for the material shared on such social sites by you or any third party and outside the administration of The Silver XP may violate industrial property rights or copyright. You are responsible for any use you may make of such sites, and you release The Silver XP from all liability for any incorrect or malicious use you may make of them, or for postings, information, comments, and miscellaneous material that may be offensive, insidious, erroneous, pornographic, or that could incite violence, rebellion, strike, or any activity not permitted by law and good customs.

WEATHER.- This Site may provide you with the weather information and update service, which may be published solely and exclusively for informational purposes; You disclaim The Silver XP and The Silver XP will not be responsible for any inconsistency, inaccuracy or information published within its Weather service, The Silver XP is not responsible for any change in weather conditions, this because it is beyond the absolute control of The Silver XP, therefore You acknowledge and release The Silver XP from all responsibility. in a limiting, but not limited to, any claim, refund, complaint, compensation, credit, change, cancellation, inconvenience, inconvenience, accident, injury, illness, physical or material loss, damage, detriment or affectation in your person or in your heritage, death and all those derived from the climatic conditions of any of the destinations offered by The Silver XP.

MAPS.- This Site may provide you with the link exclusively for information purposes of Google Maps ©, regarding the location of various services provided by The Silver XP; You acknowledge that the maps that may be published on the Site, as well as the location of such services, are solely for purposes of location and approximate location, however, You acknowledge and agree that by using the maps, You are subject to the terms and conditions of use established by Google Maps ©, so You release The Silver XP of any liability arising from any inconsistency with respect to the location or directions shown on the maps, releases The Silver XP from any disorientation, or any loss of location that may suffer derived from the use of the maps and releases The Silver XP without limitation limiting any changes, refunds, complaints, cancellations, surcharges, no show, claim, credit, compensation and any other that may arise from inconsistencies or inappropriate use of the published maps on this Site and the exclusive property of Google Maps ©.

TRUE INFORMATION.- You acknowledge and accept your total obligation and responsibility to provide truthful and correct data on the ages, sex, names or surnames of both you and other users-tourists who accompany you or who commission you to make use of this Site, as well as the data and complete information for the formation of the itinerary and the reservation of land and maritime services (hotels, visits, rental cars, restaurants, cruises, etc.) releasing THE SILVER XP from any responsibility for itinerary changes generated by poorly provided data, or for any error in the data provided by you for the issuance, purchase

 

 

or reservation of the services provided by the direct service provider such as ages, sex, names, surnames, dates, forms of payment, routes, airlines, schedules, classes, categories, special conditions, etc. ether, adhering where appropriate to the cancellation clauses for said services expressed in these Terms and Conditions.

RESPECT FOR THE REGULATIONS AND CONDITIONS OF THE SERVICES.- You agree to adhere

to and respect the regulations and conditions of service established by each of the Suppliers and direct service providers contracted by you through the intermediation of THE SILVER XP, so THE SILVER XP must inform you of those that are most important, however the Supplier may inform you of new or additional conditions of service for which The Silver XP has no responsibility and consequently declines any responsibility that may arise from its breach. Likewise, you must by your own means provide yourself with the passports or migration documents required by the authorities of the United Mexican States and the countries of destination or transit, such as visas, sanitary permits, vaccines and all those documents required by the Customs, Air, Maritime, Airport, Federal, State, Municipal etc. authorities, etc. that are necessary to carry out your trip, releasing The Silver XP on any problem that may arise with said authorities, as well as the loss of airline tickets, air transportation or hotel nights due to said omissions that in no case can be attributed to The Silver XP because they are your sole responsibility.

In case of hotel reservations, tours or transportation, you agree to sign upon arrival at the reserved establishment, the service contract, the registration card or corresponding documentation provided by said establishment.

OF THE ORIGIN OF THE RESOURCES: The user-tourist declares that the resources with which he will pay any type of service, reservation or any other product related to this instrument, are of lawful origin.

ANTICIPATION OR SETTLEMENT OF THE AMOUNT.- Both parties agree that the payment of advances or settlement of the amount of the services subject to these Terms and Conditions by you, as well as the use of coupons, tickets, courtesies, or any other document issued in your favor, implies on your part the total acceptance of these Terms and Conditions.

ADDITIONAL AGREEMENTS WITH SUPPLIERS.- The Silver XP is relieved of any liability arising from additional agreements and outside the intermediation with The Silver XP that have been concluded between you and other Suppliers direct providers of services, such as air and land carriers, shipping companies, cruises, hotels, car rental companies, etc. ether.

SERVICES BY OR FOR THIRD PARTIES.- In the event that you contract the services of The Silver XP through the Site, in any of our establishments, on behalf of various travel agency or any third party, or you hire them in favor of third parties , you agree that all the aforementioned subjects will invariably be subject to these Terms and Conditions. In the event that you hire the services of The Silver XP on behalf of various travel agencies, or any third party, acting as intermediaries, The Silver XP disclaims any responsibility or problem generated by the breach of the intermediary or travel agency and in the same Sense by data poorly provided by the intermediary or travel agency for the reservation of any service.

, or due to the negligence that said intermediary may incur by omitting information to the

 

 

user-tourist or to you about the procedures for contracting, payment and cancellation of the services purchased.

DISCLAIMER.- The Silver XP as an Internet Travel Agency, provides services as an intermediary reservation agent between you and the Supplier or Direct Suppliers of the tourist services promoted on this Site. The Silver XP establishes commercial negotiations within its own standards of quality and service, such as, but not limited to: hotel accommodation, ground transportation and other related tourist activities such as tours and excursions, choosing only the most qualified and prestigious suppliers in the market . However, since the legal nature of The Silver XP is to serve solely and exclusively as an INTERMEDIARY and not as a direct provider of tourist services, The Silver XP does not assume or assume any responsibility generated from any relationship with you and the Final Service Providers and in turn you release The Silver XP on any responsibility for any failure or non-compliance by the Supplier or Direct Suppliers of tourist services, including without limitation any failure or compliance by airlines, hotels, temporary accommodation providers, shipping companies and all kinds of boats, water sports providers, car rental agencies, transportation agencies, tour operators, diving instructors, snorkeling instructors, golf instructors, swim with dolphin instructors, fishing instructors, adventure sports and extreme sports providers, water parks, ecological parks, and in general about any failure or lack of compliance by all those tourist services that are provided directly by one or more Suppliers and not directly by The Silver XP; However, The Silver XP, may at its discretion provide you with contact information and / or address of the supplier in order for you to exercise the respective claim or claim route that you consider necessary. The Silver XP as a Travel Agency and INTERMEDIARY agent of reservations, does not offer, nor will it offer any guarantee on the services provided directly by the Suppliers, nor does it guarantee the financial position of the same or any reimbursement to You caused by any loss experienced as a result of the financial condition of said Supplier, including without limitation, the economic insolvency, or Commercial Bankruptcy in which said Supplier will be declared. In the event that the Supplier fails to comply with any of its services, for which payment You have already made, the sole remedy of reimbursement must be processed directly with the Provider who failed to provide its services, or may request insurance coverage if applicable or before any other third party, unless the above failure is directly caused by The Silver XP. The Silver XP, assumes no responsibility to You and You release The Silver XP from all liability for acts, omissions or any type of complaint or dissatisfaction arising from the services provided by the direct service providers on the Site advertised, by virtue of which The Silver XP It has no control or legal relationship over its personnel, equipment, operation, advertising or property. In those situations where the Provider fails to provide its services You may seek any remedy permitted by applicable laws against the Provider. The Silver XP guarantees that it has high standards of service and will take special care in the selection of Suppliers to avoid their failure at all times.

Likewise, The Silver XP shall not be liable and You release The Silver XP from all liability for:

 

  1. The veracity of the photographs shown on your Site since they are only representative and do not guarantee that upon arrival, everything will be exactly the

 

 

same as they are seen and described on the Site; since they are provided by the direct suppliers of the service, so their veracity is the sole and exclusive responsibility of the suppliers and any claim about alleged misleading advertising You acknowledge that you must make it directly to the suppliers because The Silver XP is not responsible for said images with full knowledge of you from the moment you hire your tourist service.

  • The star category assigned to hotels and services, as they are based on the interpretation of The Silver XP and Direct Service Providers and may differ from categories reported elsewhere;
  • The descriptions of the travel services are updated by The Silver XP to the best of your knowledge, but do not guarantee that everything will be exactly the same upon arrival;
  • Any failure on your part to obtain the documentation required for your trip such as, but not limited to, passports, visas, vaccinations, permits, certificates etc.
  • Any failure by You to follow travel instructions including, but not limited to, airport departure times, time and date of check-in and check-out at hotels, coupon redemption policies etc;
  • Due to lack of financial conditions on the part of the Supplier to provide the service, in the event that the provider of the final service declares bankruptcy or bankruptcy and / or bankruptcy on strike, temporary or definitive suspension of activities in accordance with the legislation of Mexico or the countries where the services are provided and that for such reasons or any other similar has to stop providing the service, You agree that you will have to request the refund of the amount paid directly to the provider, since the final provider of the service is the one who has in his possession the amount paid by
  • Regarding the terms and conditions and/or policies of the Direct Service The Silver XP will not assume any responsibility and You release The Silver XP from all liability, as well as from any claims, costs, expenses or losses that You may suffer including any personal or third party injury, accident or death, damage to personal belongings, loss of fun, anger, disappointment, anguish or frustration, whether mental or physical, provided that they are the result of:
    • Any failure or fault on the part of the Direct Provider in providing the service.
    • Any failure or fault on your part when enjoying the contracted services.
    • Any failure or failure of you to observe or comply with the terms and conditions, policies, instructions, recommendations, security measures, etc. of the End Service Providers.
    • Cases of force majeure or fortuitous events such as: strikes, delays, earthquakes, military conflicts, hurricanes, snowfall, and in general any other legal event or of nature that is unpredictable and that is not attributable to The Silver XP.
    • Acts or omissions of anyone other than The Silver XP
    • Illness, theft, labor disputes, mechanical failures, quarantine, government actions, weather, or any other cause beyond the direct control of The Silver XP

 

  1. Misunderstandings on the part of you regarding the terms and conditions in which the service will be provided, since you understand that the only ones that will govern are those present and not any other that you believe you have received verbally or by telephone by any person, since those that will govern will always be those that you received in writing and these to be in force at the time of making your
  2. At your insistence to make any type of trip, tourist activity, take a tour, excursion, take any type of air, land, sea and any type of transportation, under precarious health conditions or that are not optimal for the development of such activities, as well as the development by you of any type of extreme sports or activities that may involve any danger and that were carried out with your full knowledge, or when you suffer from any type of illness, medical condition, disability, any type of allergy, you are under medication or medical prescription, indications for rest and / or all those medical conditions that at your own risk were omitted and that could result in a deterioration to your health at the time of performing such activities under awareness of cause, under such occasions they will always be considered to have been made at your own risk, releasing You from The Silver XP with respect to any complaint, demand, complaint, nonconformity, reward, indemnity, compensation, compensation, claim for direct, indirect, punitive damages, courtesy , , derived from any incident caused during the development of any service or activity and any future event derived from the initial incident for any of these causes.
  3. Any other event that is not under the direct control of The Silver Any claim or written notice against The Silver XP must be received no later than fourteen (14) days after your return from travel; The Silver XP reserves the right to refuse or carry out a commercial operation with any User-Tourist at any time; The Silver XP reserves the right to cancel or change travel services at our discretion, but will attempt to replace them with comparable services; You will be responsible for verifying that the Final Provider has special services such as access, amenities and services for people with different abilities, physical or otherwise, which is suggested to do so prior to making your reservation. You will be responsible for reading and abiding by the terms and conditions and/or policies of the End Service Providers.

 

Full refund will not be applicable in situations where the trip has to be cancelled, interrupted and/or postponed by The Silver XP for reasons beyond its control (force majeure, such as, but not limited to, weather, hurricane, earthquakes, acts of terrorism, strikes, pandemics, bankruptcy or bankruptcy proceedings, suspension of activities, etc.) and in which The Silver XP's contractual obligations to its suppliers do not allow it to obtain reimbursement of the sum paid or to be paid to the Supplier on behalf of the client. In any case, at the discretion of The Silver XP, 10% of the total amount paid for the reservation may be retained as an administrative expense. Despite the close communication established by The Silver XP with the Suppliers announced herein, there is a possibility that

 

the validity of some prices has expired or comes from erroneous or inaccurate information provided by said Suppliers with which our database is fed. However, The Silver XP takes the precaution of verifying the rates that apply with each reservation. In case the correct price is less than the quoted amount, The Silver XP will apply the lower amount. In case the correct price is higher than the amount quoted, your assigned XPeer will promptly contact you, informing you of the correct amount or registering the cancellation of the reservation at your request for not agreeing with the price increase, expressly demarcating The Silver XP and its Suppliers from any liability or payment of indemnity for inconvenience caused by such cancellation. In the event that the contracted services could not be partially or totally provided by the Supplier, The Silver XP may only on certain occasions manage on your behalf the reimbursement of the appropriate amount, The Silver XP being relieved of any responsibility or greater commitment in cases where the reimbursement for the total or remaining amount is not reimbursed by the Supplier.

In cases that due to any error or manipulation by you of The Silver XP system an amount illogically less than the commercial value of the service offered is obtained, unless it is expressly offered as an extraordinary offer or as a promotion for being a frequent customer, The Silver XP may notify the tourist-client of the real and true price before the provision of the service, in order for the client to decide if he wishes to keep his reservation and if not, he accepts that the amounts he has paid, will be reimbursed in the same payment method that he has made, without responsibility for The Silver XP.

TERMINATION.- The Silver XP may terminate these Terms and Conditions and/or any of its services at any time without notice or notice of such termination, for any cause or reason, including for any improper use of this site or your breach of these Terms and Conditions. However, such termination will not affect any rights or obligations owed by The Silver XP to You upon confirmation of a reservation.

ASSIGNMENT.- You may not assign, subcontract, or delegate your rights, obligations or duties contracted herein.

SEVERABILITY.- These Terms and Conditions shall continue to be severeable. In the event that any term or Condition is deemed prohibited or unenforceable, such provision shall nevertheless be binding and such determination shall not affect the validity and enforceability of any remaining provision.

TITLES.- The headings used in the Terms and Conditions are only used for your convenience and will not limit or otherwise affect the content of the Terms and Conditions set forth herein.

ENTIRE AGREEMENT.- These Terms and Conditions, which are included herein, or to which reference is made, constitute the entire and complete agreement between the parties in relation to the subject matter hereof, and supersede any previous agreement or contract made between the parties ( whether oral or written) that is related to the same subject matter, and shall not be amended or modified except in writing or by making such amendments or modifications available on this site.

 

APPLICABLE LAW.- These Terms and Conditions shall be governed by the laws of the state

of Quintana Roo. You declare that you know the scope of this Contract, whose Terms and Conditions are the faithful expression of your will and are submitted in the case of breach or interpretation to the jurisdiction of the Federal Consumer Protection Office, in the administrative channel, as a conciliatory instance, to resolve the differences that may arise and in case of subsisting the same You agree to submit to the jurisdiction of the Laws and Courts of Cancun, Quintana Roo, Mexico, under its exclusive jurisdiction, renouncing in turn any other jurisdiction that by reason of its present or future domiciles or the location of its assets or its nationality may correspond to it. To the extent permitted by applicable law, no complaint, claim or cause of action relating to your access to or use of this Site shall be filed after one (1) year after the date such claim, claim or action was filed or the purchase was completed.

Last updated: February 17, 2023