TERMS AND CONDITIONS
PUBLICATION DATE: MARCH 12, 2021
INTRODUCTION
These Terms and Conditions of use (hereinafter referred to as the "Terms" and/or "Conditions," as the case may be) properly regulate the contractual relationship of a commercial nature regarding the access, use, or contracting that you make on the website www.innovasport.travel (the "Platform"), which you, as a user (hereinafter "You" or "User"), agree with Ferrara Viajes, S.A. de C.V. (hereinafter "We" or "Ferrara") through a mobile application and/or a website and/or by telephone (hereinafter the "Service" or the "Services"). Each time a person accesses the Services as detailed below, they acquire the status of a User. By accessing the Platform or using the Services provided, the User tacitly and unconditionally accepts to be bound by the terms and conditions contained in these Terms and Conditions, thereby adhering to their content and scope as published online by Ferrara from time to time at the very moment the User accesses the Platform. Therefore, it is recommended that the User carefully read these Terms and Conditions every time they use the Services, as they may be updated and/or modified by Ferrara at any time without direct personal notification to the User.
In relation to the above, the User can review the updated version of these Terms and Conditions at any time by simply clicking on the "Terms and Conditions" text located at www.innovasport.travel.
The collection and use of personal information by Ferrara in connection with the Services are carried out in accordance with Ferrara's Privacy Policy, available at www.innovasport.travel. Additionally, Ferrara may provide necessary information (including your contact information) to a claims processor or insurer in case of complaints, disputes, or conflicts, which may include a contractual breach, involving You and a third party, and such information or data is required to resolve the complaint, dispute, or conflict.
These Terms and Conditions of use properly regulate the commercial contractual relationship between the Users who access and/or use the virtual Platform and Ferrara as the service provider, especially concerning the authorization granted by the latter in favor of the former, as well as the use that Users make of the Platform.
References to our "Affiliates" include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and encompass (without limitation) all parties involved in the creation and/or development of the Platform, as well as the Services offered and/or their content.
SECURITY AND PASSWORD
You are solely responsible for keeping your account and password confidential, as well as for all statements made and actions or omissions generated through the use of your account and password, including any charges incurred. Therefore, you must take the necessary measures to ensure that others do not have access to your password. Our staff will never ask for your password. You cannot transfer or share your account with anyone, and we reserve the right to immediately cancel your account in the case of any unauthorized transfer or sharing.
INTERNATIONAL USE
Although access to this Platform may be made from anywhere in the world, we make no representation or warranty as to whether the content of this Site is appropriate or available for use in locations outside of the United States and/or Mexico, and access from territories where its content is illegal or prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for complying with local laws. Any offer for any product, service, and/or information made in connection with this Platform where it is prohibited will be considered void.
TERMINATION OF USE
You agree and acknowledge that, subject to our sole discretion, we may terminate or suspend your access to all or part of the Platform with or without prior notice and for any reason, including, but not limited to, a breach of these Terms and Conditions. Any suspicious, fraudulent, abusive, or illegal activity may be grounds for terminating the business relationship with You and may be referred to the appropriate authorities.
In case of termination or suspension, regardless of the reasons for such actions, your right to use the Services available on this Platform will cease immediately, and You acknowledge and agree that we may deactivate or delete your account and all related information and files in your account, as well as prevent any further access to such files or this Site. We shall not be liable to You or any third party for any claim or damage arising from the termination or suspension or any other action taken by us in connection with termination or suspension.
DESCRIPTION OF SERVICES AND GENERAL INFORMATION
Ferrara is a service provider, whose technological platform allows a large number of tourist service providers (the "Provider(s)") to offer and market their services to Users (the "Services"), who can, in turn, make reservations, purchases, and/or inquiries about flights, accommodations, cars, cruises, sports and/or cultural events, and/or events of any kind, activities, and other services and/or products (the "Tourism Service(s)"), as well as compare and book such services in real-time, and purchase them separately or combined, arranging and managing their own trip according to their personal needs. The prices of the Services are set as packages or individual prices as described on the Platform.
Ferrara is not the provider of Tourism Services and acts on behalf of the Providers, so it is not obliged - directly or indirectly - to provide the Tourism Service. When You contract Tourism Services through the site www.innovasport.travel, You are entering into a contract directly with the Provider that offers its Tourism Services through our Platform. Ferrara acts as an intermediary between You and the Tourism Service Providers.
By contracting Tourism Services through the site www.innovasport.travel, You warrant and declare under penalty of perjury that: (i) You are of legal age; (ii) You expressly accept these Terms and Conditions, which You have fully understood and express your explicit consent to use electronic means; (iii) You have full capacity to enter into contracts; (iv) You only use Ferrara's Platform to book or contract Tourism Services for Yourself and/or for another person for whom You have authorization to act; (v) in case of acquiring services with a destination/stopover in Cuba, You are not a U.S. citizen or resident, nor are You subject to the jurisdiction of the United States; and (vi) all information You provide is true, accurate, current, and complete.
These conditions are of a general nature and apply to the intermediary services provided to You by Ferrara and do not in any way replace or modify the legal liability limitations established in accordance with your country of residence, nor the special conditions defined by each Tourism Service Provider for its Tourism Services. Before contracting, please review the specific conditions of each Tourism Service and each Provider directly. Ferrara is not responsible for, nor does it interfere with, the specific conditions established by each Provider for the provision of its Tourism Services, including, but not limited to, registration, entry, and/or stay processes.
You expressly understand and accept that Ferrara's intermediary activity in the marketing of Tourism Services does not guarantee that the chosen destination is without health and safety risks. Ferrara is not responsible, either directly or indirectly, for any damages or losses that You or those traveling with You may suffer before, during, or as a result of the chosen Tourism Service. Ferrara is not liable for events arising from force majeure, including weather phenomena, health risks, pandemics, death, acts of nature, labor disputes, among others, that may occur before or during the provision of the Tourism Service, and which could potentially delay, interrupt, or prevent its execution.
Before confirming your purchase request and upon express acceptance of these Terms and Conditions (the "Purchase Request"), we advise you to review the specific terms and conditions applicable to the Tourism Service you wish to contract. The terms and conditions of each Tourism Service are established by each Provider without Ferrara's interference. It is expressly clarified that Ferrara has no influence on the charging of penalties by Providers or fare differences if applicable, which will depend on the terms and conditions of each Provider.
The mere use of the Platform implies acceptance of each and every one of the general and specific conditions included in these Terms and Conditions, which are considered an adhesion contract. Reading and understanding them will allow You to better exercise your rights as a consumer. We suggest printing and keeping them, along with the rest of your travel documentation. Remember to make note of the Purchase Request number that will appear on the screen when confirming your request and/or in the purchase confirmation email. This number identifies your transaction and will be essential for any clarification and/or management through Ferrara.
When You make a Purchase Request on the www.innovasport.travel Platform with our telephone sales agent and/or any other means, You authorize us to manage your reservation and make the respective charge(s) to your account or card. Pay close attention to our subsequent telephone and electronic communications, where we will inform You about the progress and status of your Purchase Request. The successful completion of the reservation management and/or the purchase confirmation depends on the full and timely payment of the price and/or fee for all Tourism Services.
Until the total payment of the reservation is confirmed, the Purchase Request will remain in a conditional status and may be unilaterally canceled by the Provider, without liability on the part of the latter. The definitive confirmation of the Tourism Services and their respective prices will occur with the issuance of the electronic ticket(s) or the sending of the voucher or itinerary or purchase order confirmation(s) – whichever applies – and their respective invoicing. In addition, credit transactions must meet the specific requirements set by your issuing bank. The issuance of the electronic ticket or voucher or purchase order or itinerary – whichever applies – attests to the acceptance of the terms and conditions of the Provider and the execution of the contract entered into between the Provider and the person(s) whose name(s) appear(s) on such electronic ticket and/or voucher.
If the Purchase Request is subject to confirmation – a circumstance that will be informed to You in the first email or itinerary or purchase order received – the amounts paid before confirmation will be received as reservation fees. If, for any reason (for example, but not limited to, insufficient balance on your credit card, lack of availability, fare variation, etc.), Your Purchase Request is ultimately rejected, Ferrara will proceed to inform You of the available options in case You wish to proceed with the purchase or reservation, or, upon your request, will refund the amounts paid.
If, after submitting your Purchase Request, You do not receive an email with purchase information, please check your Spam email folder and/or access My Account / My Reservation on the Platform with the Purchase Request number. From there, You can manage your requests, and for any additional inquiries, You can contact the telephone numbers, emails, or chat contacts provided on the Platform.
The information published on the www.innovasport.travel Platform regarding prices, qualities, and characteristics of Tourism Services, their availability, sales conditions, restrictions, cancellation or refund policies (among others), is established and provided by Tourism Service Providers online and in real-time. As an intermediary, Ferrara informs You about the characteristics of Tourism Services, manages your Purchase Requests with Providers, collects, if applicable, the corresponding fees. Ferrara makes its best efforts to provide correct and accurate information but is not responsible for errors (such as obvious and typographical errors), interruptions (due to temporary and/or partial server outages or repairs), inaccuracies, misleading or false information emanating from Tourism Service Providers. Ferrara is neither, nor should it be interpreted as, a promoter of the quality, level of service, and/or rating or classification of any Tourism Service available on the Platform. We advise You to read the terms and conditions of the Providers as well as the reviews of other travelers listed on the Platform to get advice on the chosen Tourism Service(s) and assess whether it meets your needs and expectations. The Platform may contain links and addresses to other Internet sites, resources, and sponsors of the Platform. Links from the Platform (in any direction) to other third-party sites, maintained by third parties, do not constitute a recommendation by Ferrara of any third party, their websites, or their content. Likewise, Ferrara may provide tools to enable interaction between the Platform and a third-party site, such as a Social Network (as defined below). Ferrara is not in any way responsible for third-party sites or resources, and your use of these sites and resources will not be governed by these terms and conditions. Ferrara may, at any time and in its sole discretion, access or use any profile or other information about You that You have provided to Facebook and/or any other social network or third-party website ("Social Network"). In such case, You expressly consent to Ferrara that: (i) Ferrara may access and disclose on the Platform the information or content that is part of your public profile within the Social Network; (ii) The content of the public profile from the Social Network may be considered as generated by You on the Platform; and (iii) The public profile will continue to be governed by the terms and conditions and the Privacy Policy of the originating Social Network.
You have the responsibility to inform yourself responsibly about the legal and/or immigration and/or health requirements that You or the people traveling with You may need in order to carry out your trip as planned (the "Travel Documentation"). Check in advance the entry conditions for the destination country and/or transit, special visa conditions, permits and/or passports, driver's licenses, vaccines, permission to exit minors from the country of residence or other document requirements, both for the destination countries and transit countries, even if it's a layover and it's not necessary to leave the airport. If you require it and do not have it, complete the necessary procedures to obtain it in advance. Requirements may vary depending on the destination country and/or transit and according to your nationality and/or residence and/or the documentation with which You travel. Remember that it is your responsibility to comply with all entry and/or transit requirements and/or documentation required by immigration, customs, and/or health authorities of the destination and/or transit country(s). We advise You to consult all necessary requirements with the respective embassy or consulate before booking and departing.
REGISTRATION AND DATA PRIVACY
In order to access some of our Services, the User must create an account and generate a password through the Platform, where certain information and personal data ("Registration Data") will be required. Upon registration, You declare that all information provided in the Registration Data is true and correct, and that You are authorized to use such information for the purchase of the corresponding Tourism Services through the Platform.
You must enter all fields with accurate, complete, current, and truthful data to make valid reservations for Tourism Services through the www.innovasport.travel Platform. By entering your personal data on the Platform or stating them via telephone, You declare that such data (the "Personal Data") are accurate, precise, and true, and undertake to update such Personal Data as necessary. Ferrara is not responsible for the accuracy of the Personal Data provided by You. You guarantee and are responsible for the truthfulness, accuracy, validity, and authenticity of the entered Personal Data. Remember that all your data must match exactly with the Travel Documentation as defined below.
You must provide an email address in the "Contact Information" section or to Ferrara's sales agent. This email is our means of contact with You. Please ensure that the email address provided as a point of contact is correct, and be attentive to the information that will be sent to that email. You will be considered to have timely knowledge of the confirmation of your Purchase Request or any issue or variation thereof with the sending of such information to the email provided by You. Keep in mind that if the email declared by You contains any errors, You will not receive critical communications for the management of your Purchase Request.
You must declare your accurate fiscal data in the "Billing Information" section or to Ferrara's sales agent to issue the corresponding fiscal receipt. You declare that such data is accurate, precise, and true. Ferrara will not be responsible for issuing documents with incorrect information provided by You. You guarantee and are responsible for the truthfulness, accuracy, validity, and authenticity of the fiscal data entered. The update of Personal Data will not affect the fiscal billing data provided by You. In the event of inconsistencies between the billing data provided by You and those reflected in the sales receipt.
In cases where the Provider requires it, the User's Personal Data and/or the data of the individuals designated by the User for the use of Tourism Services must match their travel documents and data provided on the Platform, so Ferrara is not responsible for any inconsistencies and damages caused thereby. In the case of tickets or access, Ferrara reserves the right to issue them with different information than that provided by the User.
PRICES AND DESCRIPTION
We are not affiliated with any Association, Federation, Committee, Company, Network, Alliance, or travel agency or ticket and ticket sales agency. The selling price of any Service reflects market demand as well as the level of difficulty in obtaining or providing the Services.
Prices for Services may fluctuate in the open market based on demand and/or the occasional decisions of Providers; our public selling prices are considered final once your order is confirmed. The price paid may vary from the nominal and/or market value of Tourism Services. No refunds or upgrades will be given.
Occasionally, prices for Services are listed incorrectly on our Site. In such circumstances, if your order has not been confirmed, we reserve the right to cancel your order, and no charge will be made to your card. If your order has been confirmed and a charge has been generated, every effort will be made to replace them with similar Tourism Services. In both cases, you may receive an email or a phone call to inform you of your options or that your order has been canceled.
Tourism Services may have descriptive notes, and it is your responsibility to refer to these notes for any details associated with the Services, such as tickets, event location, additional services and/or products included, etc. If you are unsure or do not understand a description of any Tourism Service, please contact us for more information. We are not responsible and do not issue refunds, cancellations, or changes for services assumed but not detailed in the descriptive notes.
PURCHASE PROCESS
When you book one or more Tourism Services through the www.innovasport.travel Platform, you must pay (i) the price or fee set by the Provider, (ii) applicable taxes, fees, and/or fiscal charges for the Tourism Service, and if applicable, (iii) the service fee for Ferrara's intermediation service (the "Service Fee"). Remember that Ferrara acts on behalf of and represents the Provider of the Services, and the values corresponding to the price or fee for the Tourism Services are transferred (endorsed) to the Provider. Ferrara offers you different modalities to make and pay for your Tourism Service reservations depending on the Service to be acquired, the Provider providing it, and the payment method used. The available payment methods for each Tourism Service are provided on the Platform or by the agents before entering your Purchase Request.
To secure a space, you must complete a reservation form or complete your Purchase Request through our Platform. For questions or more information, you can email us at contacto@innovasport.travel.
The purchase process for Tourism Services is securely stored on our server, which will encrypt all data related to the purchase. Your payment information will be confidential and will not be shared with any third party.
If you purchase a Tourism Service, you agree to pay all fees and costs associated with such Tourism Services, the Service, product, or package. All charges incurred on our Platform will be charged to your credit card. You agree to provide us with all accurate and complete information necessary to process the charge, including valid and current credit card information, your name, card verification number (CVV), address, phone number, and any other information necessary to process your purchase. Credit card payments may apply a service fee that, if applicable, will be added to each payment.
If, for any reason, your credit card issuer refuses to pay the corresponding amount, you agree that, at our discretion, we may suspend or terminate your Purchase Request and require you to pay the amount owed by other means of payment allowed by us, understanding that we may charge an additional fee for the restoration of suspended or terminated Purchase Requests.
For your convenience, if you do not have the ability to make a charge to your credit card, on some occasions, upon notice from Ferrara, you will have the option to make the corresponding payment by transfer and/or cash deposit to the accounts and/or authorized establishments that Ferrara may indicate in writing, either by email or by any other means. Payments by these means may be subject to additional charges depending on the amount and transaction, which will be communicated to you in the corresponding itinerary or purchase order before any payment.
It is the User's responsibility to verify and validate the accuracy of the Purchase Request. After placing your order, you will receive a series of emails related to your order, including the Purchase Request confirmation.
The User assumes all responsibility for receiving and reading all correspondence we send by email and complying with specific instructions associated with the Purchase Request. We are not responsible for emails that filter into your spam or junk folders, nor for emails blocked by any software or server.
In the event that legal action is necessary to collect unpaid balances, you agree to reimburse all expenses incurred to recover the amounts owed, including attorney's fees and other legal expenses.
Sales of Tourism Services are final and non-transferable to a person other than the one established in the Travel Documentation according to the Personal Data provided by You.
In the case of sending documentation related to the Services, shipments will be at the User's expense, unless otherwise agreed in writing.
The User acknowledges and accepts that at the time of confirming a request for Tourism Services, they will be responsible for the amounts owed to Ferrara and/or the respective Provider. In the event of non-payment within the established deadlines and amounts, whether due to non-payment and/or the lack of validation by your credit institution, you will be subject to late interest of 5% (five percent) per month on the amounts owed and insults until the day of payment of the corresponding debt.
REFUNDS, CANCELLATIONS, AND CONVENTIONAL PENALTIES FOR THE PURCHASE REQUEST.
All Tourism Services are subject to availability and will not be confirmed until the User has fully settled the corresponding price, and we have sent the confirmation order. Once this is sent, it will be considered a final sale. We reserve the right to cancel a Purchase Request at any time if the Service in question is no longer available at the advertised price.
In the event that the User fails to make any of the payments to which they are obligated within the established terms, or if the User does not make the payment within the aforementioned period, the User acknowledges and accepts that we would incur irreparable damage. Therefore, we reserve the right to terminate the Purchase Request, in addition to applying a penalty for non-compliance of 100% (one hundred percent) of the total cost of the Tourism Services. Any sum paid will be retained and/or offset until the amount owed is paid. Notwithstanding the above, we will retain the right to claim payment for the corresponding damages, including, but not limited to, applicable attorney's fees.
Notwithstanding any other provision set forth herein, the User agrees that they may cancel the Purchase Request for the Services only if the Tourism Services allow it, and the User accepts and acknowledges that they are subject to the cancellation percentages and times of each Provider.
Once we have confirmed any or part of the Services and/or Tourism Services, the User accepts and acknowledges that, in the event of cancellation, if applicable, this implies irreparable damage to us. Therefore, we reserve the right to retain and offset the amounts that have been paid by the User in advance as a cancellation penalty.
The Management Fee charged by Ferrara is non-refundable even in case of cancellation and rescheduling of Tourism Services according to the immediate section below. In the event of cancellation of confirmed reservations for any reason, this Management Fee will not be refunded to You, as it corresponds to a service actually provided by Ferrara. Furthermore, in the event that You request the change or cancellation of a Tourism Service, Ferrara may charge an additional Management Fee on top of the one already paid.
If You do not show up to use the indicated date and time (or arrive late), this is referred to in the tourism market as a No Show, and You will not be entitled to demand a full or partial refund and will be subject to corresponding penalties, which may be paid to Ferrara and/or the Provider of the Tourism Services, as determined by Us with the Provider.
By committing to Us for any of our Services, You acknowledge and accept that nothing outside of what is established in this section will entitle You to a cancellation or a refund for any reason.
CANCELLATION AND RESCHEDULING OF TOURISM SERVICES.
In the event that a Tourism Service is canceled for any reason and is not rescheduled, the refund policy for the costs of Tourism Services will be in accordance with Ferrara's current policies at the time You request the refund. Costs incurred for Management Fees and/or Purchase Request processing, including but not limited to fees applicable to credit transactions, are non-refundable. Please contact us for refund instructions.
If a Tourism Service is canceled by the Provider, we are not obligated to refund any incidental expenses incurred as a result of your plans. This includes, but is not limited to, transportation expenses, accommodation reservations, or vehicle rental expenses. We are not responsible for the actions of any Provider when a Tourism Service is modified and/or canceled.
In the event that any Tourism Service is rescheduled or postponed, please contact us to verify the next steps in accordance with Ferrara's policies, which will be adjusted to the conditions provided by the Provider.
Please retain your corresponding receipts; most of the time, the original tickets, passes, and/or reservations will serve to access the new Tourism Service. No refunds or exchanges will be made for rescheduled or postponed Tourism Services. It is your responsibility to verify all information related to the rescheduled or postponed Tourism Service before attending the new Tourism Service. We are not responsible for any expenses or refunds related to a rescheduled or postponed Tourism Service. Costs incurred for Management Fees and/or Purchase Request processing, including but not limited to fees applicable to credit transactions, are non-refundable.
Due to the uncertainty related to the COVID-19 pandemic, all Tourism Services are subject to the safety and health policies of the respective Tourism Service Provider. This includes, but is not limited to, last-minute cancellations or rescheduling or restrictions. Therefore, You acknowledge and accept that the Provider may continue to develop and update its policies in the time that elapses between your purchase and the date of the Tourism Service, and You agree to be subject to them at the time of any claim.
By using the tickets, vouchers, tickets, passes, and/or any applicable documents in accordance with common practice for the use of Tourism Services, You acknowledge and agree to comply with the Provider's policies, and your attendance or stay at the Tourism Services is conditioned on such compliance. If your admission to the Tourism Service is denied or revoked because You did not comply or refused to comply with such Provider policies, You will not be eligible for a refund. You also agree to the following health pledge:
Stay at Home: You agree that neither You nor anyone in your group will attend any Tourism Service if any of the following conditions are met on the day of said Tourism Service;
- In the 14 (fourteen) days prior, You (or anyone in your group or close contact) have tested positive or have been exposed to someone who has tested positive for COVID-19;
- In the 48 (forty-eight) hours prior, You (or anyone in your group or close contact) have experienced symptoms of COVID-19 (e.g., fever of 38°C or higher, cough, shortness of breath or difficulty breathing, chills, repeated shaking, muscle pain, headache, sore throat, loss of taste or smell, nasal congestion, runny nose, vomiting, diarrhea, fatigue, or any other symptom associated with COVID-19 identified by the WHO.
To help maintain social distancing guidelines, You agree not to sell, transfer, or provide any of your tickets, vouchers, tickets, passes, and/or any applicable documents in accordance with common practice for the use of Tourism Services to any third party.
COVID-19 PLEDGE
Due to the inherent risk of exposure to COVID-19 in any public place where people are present, and as COVID-19 is an extremely contagious disease that can lead to severe illness and death according to the Centers for Disease Control and Prevention, older adults and those with medical conditions are especially vulnerable. By booking a Tourism Service, You voluntarily assume, on behalf of yourself and all those accompanying you, all risks related to exposure to COVID-19.
On behalf of You and your Related Persons (defined below), You release (and agree not to sue) each of the Released Parties (defined below) with respect to any and all claims that You or any of your Related Persons may have (or may in the future accrue) against any of the Released Parties, and that relate in any way to:
- Exposure to COVID-19;
- Entry or presence within or around any Tourism Service, including all related risks;
- Compliance with applicable Tourism Service protocols; or
- Any interaction between You and any personnel of any of the Released Parties present at the Tourism Service, whether caused by any action, inaction, or negligence of any Released Party or otherwise, as defined below:
"Related Persons" refers to your heirs, assignees, executors, administrators, closest family members, anyone attending the Tourism Service with You, persons you represent have authorized you to act on their behalf for the purposes of these Terms and Conditions, and other persons acting or purporting to act on your behalf or theirs.
"Released Parties" mean the Providers and Ferrara and each of their respective Affiliates, managers, officers, employees, contractors (and all employees of such contractors), and any other personnel.
LIMITATION OF LIABILITY
The User understands and accepts that the quality of Tourism Services is directly provided by the corresponding Tourism Service Provider. Therefore, warranty claims must be made directly with the respective Tourism Service Provider, who is obliged to comply with claims in accordance with applicable laws.
Ferrara cannot in any way guarantee that the Services and the content of the Platform:
- Meet the appropriate, required, or expected requirements for or by each of the Users;
- Will not be interrupted;
- Will arrive on time;
- Will arrive at a certain speed level;
- Will arrive without errors;
- That the results obtained from using them are accurate and/or reliable.
Ferrara does not guarantee that any errors in the Services can be fully or partially corrected, and as such, Ferrara is not obligated to make any concessions. Neither Ferrara nor any of its respective Affiliates, managers, officers, employees, contractors (and all employees of such contractors), licensors, licensees, agents, owners, officers, directors, or contractors shall be liable at any time for direct or indirect damages resulting from the use of the Service, the Platform, or the inability to use them.
The User acknowledges and accepts that this Platform may include technical errors or other types of errors, inaccuracies, or typographical errors. We may make changes to the materials and services of this Platform, including the prices and descriptions of any Tourism Service found here, at any time without prior notice. The Services on this Platform may be out of date, and we make no commitment to update such Services.
The User acknowledges and accepts that the use of the Platform and the Services is at their own risk, and the Platform is provided "as is" and "as available," to the extent permitted by applicable law. Therefore, the User waives all warranties, conditions, and representations of any kind, whether express, implied, legal, or otherwise.
INDEMNIFICATION
At our request, you agree to defend, indemnify without limitation, and hold us, and each of our respective Affiliates, officers, designated, direct and indirect, licensors, licensees, agents, owners, officers, directors, employees, and contractors harmless from all liability, claims, and expenses, including attorney's fees, arising from your use or misuse of this site and/or Tourism Services when you cause harm to Ferrara through their misuse.
We reserve the right, at our expense, to assume the exclusive defense and control of any matter that involves indemnification by you, in which case you agree to cooperate with us in asserting any available defenses.
CONTENTS
Through the Platform, Ferrara may provide Users with commercial and advertising information, whether its own or from third parties (e.g., Innova Sport, S.A. de C.V., a Ferrara licensor), in accordance with good commercial practices. In these cases, Ferrara does not endorse, guarantee, or assume responsibility for the services and/or products marketed by these third parties, as the Platform serves as a channel for communication and advertising. Therefore, it is the sole responsibility of Users to access the sites advertised, assuming the obligation to verify and understand the terms of the services offered by third parties.
All information made available on the Platform, such as images, advertisements, names, trademarks, slogans, and other elements of intellectual property, is legitimately used by Ferrara either because they own them, have permission to make them available, or are authorized by current applicable legislation.
ELECTRONIC COMMERCE
In compliance with applicable provisions regarding data messages, it is communicated that messages by electronic means have probative value. Consequently, Users understand that through the exchange of messages by electronic means, they can give rise to the creation, modification, and termination of obligations, with the content, consequences, responsibilities, and effects of the generated information being their exclusive responsibility.
All notifications between the User and us will be in writing and will be sent by email to the following address: contacto@innovasport.travel, by Ferrara, and by the User to the email address provided in your Contact Information. However, notifications may be sent to the email address provided for your account creation or, in your case, to the address you provided as part of your registration data. In addition, we may disseminate notices or messages through the Platform to inform you of changes to the Platform or other important matters, which will constitute notice to you.
INFORMATION HANDLING
The information collected by Ferrara in the transactions carried out is provided by Users freely and voluntarily, so that it can be managed by Ferrara or by whomever it designates. This implies its collection; storage on Ferrara's servers or repositories or those of third parties; circulation within Ferrara's organization; communication to Users of commercial, advertising, and marketing information related to its business activity.
Additionally, the collected data will be subject to analysis for the purpose of improving Ferrara's business strategy, supported by business intelligence and data mining tools, which allow for acquiring prospective knowledge for prediction, classification, and segmentation purposes.
The User may exercise their right to know, update, modify, and delete Personal Data existing in the databases associated with the Platform. To do so, they must submit a request for consultation, complaint, or deletion in accordance with the privacy notice published at www.innovasport.travel.
Ferrara is responsible for the processing of personal information collected through the Platform, a responsibility that may be delegated to a third party, acting as a data controller or data processor, ensuring contractually adequate treatment of the same.
Furthermore, by accepting these terms and conditions, the User expressly states that they have read and accepted Ferrara's privacy notice available at the following web address: www.innovasport.travel.
USE OF COOKIES AND WEB BEACONS
Cookies are text files that are automatically downloaded and stored on a user's computer's hard drive when browsing a specific Internet page. They allow the Internet server to remember certain data about a user, including their preferences for viewing pages on that server, username, and password.
On the other hand, web beacons are images inserted into an Internet page or email, which can be used to monitor a user's behavior, such as storing information about the user's IP address, duration of interaction on that page, and the type of browser, among others.
When the User uses the Platform, it is possible that Ferrara or its Internet service providers may use cookies, web beacons, or similar technologies. Ferrara uses cookies to help identify the User to improve their experience on the website, to evaluate promotional effectiveness, and to ensure trust and security on the website.
When the User interacts with the Services, in addition to cookies and web beacons, Ferrara may use various technologies, including pixel tags, log files, shared local objects (Flash cookies), HTML5 cookies, or other tracking technologies, to automatically collect certain general user data and information. This includes aggregated measurements of Service usage, as well as technical data and other aggregated data regarding the User's use of the Services that do not personally identify them.
Ferrara may use this data to analyze, improve, support, and operate the Services, for distribution in general benchmarking data and industry demographic and usage reports, and/or other business purposes. For example, we can track the total number of visitors or users of the Services, the number of visitors, the domain names of Users' Internet service providers, and how the User uses and interacts with the Services.
Additionally, Ferrara may remove personal information from Ferrara's terminal data and aggregate it with other anonymous data, aggregate and/or combine aggregated data with other information.
COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
The User acknowledges that the Platform and any software, ideas, trademarks, processes, data, text, media, and other content available on the Platform may be protected by Ferrara through intellectual property laws and other applicable laws. The User acknowledges and agrees that the content found on the Platform and/or information presented to their attention through the Platform or Providers or sponsors and advertisers may be protected and/or restricted in its use by copyright, reproduction, trademark, patents, or other proprietary rights and applicable laws.
Users hereby agree not to modify, copy, or reproduce, rent, lend, sell, distribute, or create works from the Platform and/or derivative works and/or based on the HTML/CSS Platform, JavaScript, visual design elements, and/or concepts of the Platform in whole or in part.
The User agrees not to reproduce, duplicate, sell, or exploit the entirety or any portion of the Services or the content of the Platform for commercial reasons under any circumstances.
FORCE MAJEURE
In addition to any liability exclusions provided by applicable laws, we shall be exempt from liability for non-delivery or delay in the delivery of products, Services, and/or Tourist Services available through our Platform arising from any event beyond our reasonable control, foreseeable or not by any of the parties, such as labor disputes, pandemics, health risks, war, riots, fires, accidents, adverse weather conditions, inability to secure transportation, government action or regulation, and other causes or events beyond our reasonable control, whether or not similar to those listed above, which are enunciated for illustrative purposes but not limited to them.
SEVERABILITY
If any provision of these Terms and Conditions is deemed invalid or unenforceable, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remaining provisions will remain in full force and effect.
NO WAIVER
Our failure to exercise any right or provision of these Terms and Conditions or related rights shall not constitute a waiver of such right or provision.
FULL ACCEPTANCE OF TERMS
The User expressly declares to have the legal capacity to use the Platform and to enter into any contracts that may arise. They also affirm that they have provided accurate, truthful, and reliable information. Therefore, they declare expressly and unequivocally that they have read, understood, and accepted all the provisions set forth in these Terms and Conditions for the use of the Platform, and they commit to fully comply with the duties, obligations, actions, and omissions expressed herein. These Terms and Conditions constitute the entire and complete agreement between the parties in relation to the Services, and supersede all prior agreements and understandings between the parties concerning them.
JURISDICTION AND APPLICABLE LAW
For matters not covered by these Terms and Conditions, Users agree to submit to the laws and competent courts of the city of Monterrey, Nuevo León, Mexico.
For the interpretation and enforcement of these Terms and Conditions, regardless of the place of payment, the parties expressly agree to submit to the jurisdiction and competence of an arbitration panel, solely for a conciliation process. In case of not being resolved in that stage, the parties agree to submit to the jurisdiction and competence of the competent courts of the city of Monterrey, Nuevo León, Mexico, expressly waiving any jurisdiction that may correspond to them by reason of their present or future domicile, acknowledging that their solution, if any, must be made through the commercial route.
ACCEPTANCE
By using the Platform or by indicating acceptance in any way (for example, by accepting by creating or logging into your account, clicking "I Accept" in any section of the Platform, etc.), the User declares and warrants that they have read, understood, and agree to be bound by these Terms and Conditions and the conditions of the Service Providers. If the User does not agree to be bound by the terms of these Terms and Conditions, they may choose not to access or use the Platform and/or the Services.