Last update: July 17, 2021
Private Luxury Resorts, a vacation rental company located at Paseo Fonatour San José 928, Campo de Golf, San Jose del Cabo, Baja California Sur, Mexico, 23406, sets forth below the Terms and Conditions of Use (“T&Cs”) that shall be taken as a legally binding agreement between you and Private Luxury Resorts (hereinafter “the company”) to govern your access to and use of the company’s website hosted at https://privateluxuryresorts.com together with all its associated content and other sites or applications that Private Luxury Resorts (hereinafter the “web”) will make available to you for the reservation of ultraluxury condominiums located in Nuevo Vallarta, Riviera Maya and San Jose del Cabo. This website is the complete property of Private Luxury Resorts and by using this website, you accept the present T&Cs.
The company is free to modify partially or totally the present T&Cs and its services at any time. If we make changes that may be materially detrimental to you, we will inform you in advance and/or if you do not agree to such changes, you may stop using our services.
Continued use of the services after the application of such modifications shall be taken as acceptance of such modifications. If new changes are made to these T&Cs, we will publish such version with its corresponding date and the legend “Last updated” as a header. We may not be able to notify you in advance of changes we need to make to our T&Cs to comply with safety, legal or regulatory requirements, but we will be sure to notify you as early
All content you find on our website including, but not limited to text, graphics, photos, trademarks, logos, logos, sounds, computer code or any other form of content as well as the design, structure, layout and appearance of our content within the website is the sole property of Private Luxury Resorts and is protected by all applicable copyright, trademark, intellectual property rights and unfair competition laws in force in the country.
You may not reproduce, publish, publicly display, transmit or distribute any content displayed on our website unless expressly permitted in these T&Cs or unless you have requested it directly from the administrator of this website.
As permitted by applicable law, by accepting these T&Cs you agree to defend, indemnify, hold harmless and hold harmless Private Luxury Resorts – including its affiliates and all employees in any capacity – from and against all claims, losses, liabilities, demands or expenses made against our company by any third party due to your use or misuse of our website, our services and/or your breach of our T&Cs, arising out of or in connection with them.
The T&Cs that may be considered independent will apply to your reservation and purchase of goods and services related and/or connected to the reservation you make on our website. You will always know these T&Cs before making a reservation or purchase, so we ask you to carefully review these independent T&Cs. Any violation of these T&Cs will result in the cancellation of your reservations and/or forfeiture of any monies paid for such reservations.
- You may not use our website, our services or any content reflected herein for any activity that is illegal or prohibited by these T&Cs or that infringes the rights of Private Luxury Resorts or other partners.
- You will not perform any of these actions either:
- Make any inquiry, request or reservation that is false, speculative or fraudulent.
- Access, monitor or copy any content or information from our website using any automatic device, algorithm, robot, program, code or similar process.
- To cause any activity or process that imposes or could impose an illogical or unreasonably large load on our infrastructure.
- Use any device, software or activity to interfere with the proper working of our website.
- Attempting to gain unauthorized access to this website or any system or network connected to it by hacking or any other illegitimate means.
- You can stop browsing our website or using our services at any time. Private Luxury Resorts, as a company, shall have the full power to reserve the right to terminate, suspend or limit access to all or any part of the company’s website components at our discretion, without any notice and under exclusion of any liability as stipulated in section 2 of these T&Cs.
Limitation of liabilities
- If you live in the European Economic Area or the United Kingdom, you understand and agree that, to the extent permitted by law, the entire risk arising out of your use of our website and services shall be borne by you. Neither we nor our affiliates nor any of our employees or members regardless of their rank or involvement within the company shall be liable for any delay, accident, loss, damage or injury arising out of or in any way connected with your use of the Private Luxury Resorts website or your inability to use the same, whether in contract, tort, negligence, strict liability or otherwise.
- In the event that you live in the European Economic Area or the United Kingdom, and as permitted by law, in no event shall our company’s financial liability arising out of or in connection with these T&Cs and your use of our website or services exceed one hundred United States Dollars (US$100).
- In case you live in the European Economic Area or in the United Kingdom, Private Luxury Resorts will assume all liability according to the legal provisions for intent and gross negligence on our part, our legal representatives, directors or other vicarious agents in situations where this is proven. Private Luxury Resorts shall always be liable for any negligent breach of essential contractual obligations by our legal representatives, directors or other vicarious agents; such liability is limited to typical foreseeable damages. Essential contractual obligations are those obligations of the company on whose due performance you are relying and must rely for the proper execution of the contract. Any additional liability of Private Luxury Resorts is excluded.