TERMS & CONDITIONS

The use of portal www.toprentalsmexico.com (hereinafter the "Site"), expresses the full and unreserved adherence by the user to these Terms and Conditions and the Privacy Notice of TOP RENTALS MÉXICO (hereinafter "TOP RENTALS"), documents that are available to users at all times through the Site and physically at TOP RENTALS address.

For the purposes of this document, the user shall be understood to be any person who accesses, browses and / or contracts the services of TOP RENTALS on the Site.

The vacation rental services provided by TOP RENTALS are aimed solely and exclusively at individuals with legal capacity to contract, for which minors, persons declared in a state of interdiction, those limited by another contract, agreement or commercial relationship, declaratory but not limited to, as well as clients who have been definitively or temporarily banned by TOP RENTALS due to breach of these Terms and Conditions are expressly excluded.

Consequently, by accessing the Site, the user declares and guarantees that he is of legal age in accordance with the legislation of the Mexican Republic.

1. ACCEPTANCE. The user acknowledges and accepts that by simply entering and navigating the Site and / or by contracting the services of TOP RENTALS, undoubtedly express their full and unreserved will to be bound by these Terms and Conditions, which are mandatory and binding, therefore, in case that user don’t accept or agree with these Terms and Conditions, and/or with the TOP RENTALS Privacy Notice must refrain from continuing to browse the Site. In this sense, it is the user's responsibility to read and fully understand the established conditions below, before arranging any management within the Site and/or requesting and/or contracting any service.

Notwithstanding the foregoing, TOP RENTALS may implement mechanisms at any time through the use of electronic means in order to require the user express consent to be subject to these Terms and Conditions.

Likewise, the user accepts and agrees that he may request and contract the services offered by TOP RENTALS, by electronic means, using authentication methods such as the personal identification number PIN, biometric data such as fingerprint and/or as the electronic signature, which in its case must be covered by a valid and current digital certificate issued in the name of the user by an accredited certification provider service in accordance with applicable legislation.

2. USE DUE AND RESTRICTIONS. Any person who accesses, through the use of a computer, tablet, cell phone and/or any other device with Internet access to the Site, agrees to refrain from using these devices, computer programs, software, or any other means to interfere or affect the functionalities, activities and / or operations of the Site, as well as the databases and/or information contained therein.

The user agrees to use and access the Site and to make use of the services in accordance with the provisions of the laws, morals, good customs and public order, for which he undertakes to refrain from using the Site and the services of TOP RENTALS for illicit purposes and/or effects, harmful to the rights and interests of third parties, or that in any way may damage, disable, overload or deteriorate the Site or prevent its use by other users.

The user accepts that he is responsible for having compatible software and hardware, the necessary devices, connection to the Internet network, and any other technical requirement necessary for the correct execution of the Site.

The user understands that if he accesses or uses and/or browses the Site from a mobile device, he may use the rates and data and message rates of his mobile network provider.

TOP RENTALS does not guarantee that the Site will work on all devices, so the user is responsible for allowing and executing the updates that are necessary to access the Site.

TOP RENTALS may provide web addresses and direct links to other websites and / or other third-party resources, over which TOP RENTALS has no control, nor does it assume responsibility for the legality of its content, availability, accessibility or veracity of the information contained in them. TOP RENTALS will not be responsible for losses or damages caused, or supposedly caused by, or in connection with the use and security of the content, products and/or services available through any of said third party sites or resources.

3. RESERVATIONS. To contract TOP RENTALS vacation rental services the user must select the property, number of guests and days required.

To complete the reservation process, the user must provide their full name, email account and cell phone (contact) number.

To search the Site, the user may use filters to refine the results based on relevance and other criteria. Relevance takes into account factors such as price, availability, property owner requirements (for example, minimum or maximum nights), and more.

The user acknowledges and accepts that TOP RENTALS may also use other mechanisms of its own and/or of third parties to verify their identity and the authorization of the charges for the reservations they make.

Notwithstanding the foregoing, the user guarantees and undertakes to respond, in any case, to the veracity, accuracy and authenticity of the personal data provided during the registration and reservation processes, as well as the ownership, validity and authenticity of the means of payment that you indicate at the time of making your reservation, acknowledging the obligations that you assume with TOP RENTALS and/or with third parties.

TOP RENTALS reserves the right to request additional documentation in order to corroborate the identity of the user, as well as not to approve the reservations of those users whose data could not be confirmed.

By reserving a TOP RENTALS property, the user agrees to pay all charges for their reservation, including the quoted price, applicable rates, taxes (According to applicable Mexican Regulations) and other elements identified during the payment process (collectively, the “Total Price"). You also agree that TOP RENTALS may charge and collect any security deposit identified during the reservation and payment process.

3.1 Accommodation reservation. It is a limited license to enter, occupy and use a property. TOP RENTALS staff reserves the right to re-enter the property during the user's stay to the extent that it is reasonably necessary to carry out cleaning and maintenance tasks such as gardening, swimming pool maintenance, etc. If the user stays after the departure (check-out) date, TOP RENTALS will have the right to make him leave in a consistent manner with applicable law, including imposing penalties for prolonged stay. The user cannot exceed the maximum number of guests allowed.

3.2 Reservations for private chef service. Grants the user the right to participate, attend or use this exclusive TOP RENTALS experience. The user is responsible for indicating to the TOP RENTALS staff any type of allergy or food restriction that the participants present. Except where expressly authorized, you may not allow anyone to join the service unless they are included as an additional guest during the reservation process. The hiring of external private chef services (other than TOP RENTALS) is not allowed on the property for security reasons.

3.3 Reservations for tours and recreational activities. Reservations for this type of complementary services are the responsibility of external providers and outside of TOP RENTALS. However, TOP RENTALS México will help and/or guide the user to reserve, participate, and enjoy such experiences. Notwithstanding the foregoing, the user will be responsible at all times for confirming with the external provider that any person who intends to participate meets the minimum age, competence, physical condition, health status or other required requirements. The user is responsible at all times for informing the provider of any medical, physical or other circumstance that may affect their ability to participate, attend or use the service.

4. CANCELLATION AND RESERVATION MODIFICATION POLICIES.

4.1 Cancellations, trip setbacks and refunds. If the user, as a guest, cancels a reservation with at least 60 (sixty) calendar days prior to the date of their entry (check in), they will be reimbursed 50% (fifty percent) of the total price of the reservation. In the event that the user cancels with an anticipation period less than the one indicated above, the user will not be entitled to any refund.

The user accepts that in cases where the cancellation was due to unforeseeable circumstances or force majeure duly accredited at the discretion of TOP RENTALS (for example, border closures, canceled flights, etc.), TOP RENTALS may grant a vacation credit to the user, or the option to make a change of dates during the first year starting from the check-in date of the original reservation, however, no total or partial refund will be made.

In cases in which TOP RENTALS cancels the user's reservation, or in which the user experiences a setback during their stay, they will be informed of the necessary requirements to be subject to a total or partial refund, or a bonus to make a new reservation (Credit for a new stay) for consideration by TOP RENTALS.

4.2 Modification of reservations. The user is responsible for any modification made to his reservation, for which he acknowledges and accepts that he must pay any additional amount, commission or tax associated with any modification to the reservation.

5. PAYMENT TERMS

5.1 Verification of the payment method. When the user adds a payment method in the payments section of the TOP RENTALS Site, they will be asked to provide certain information, such as name, address and information about the added financial instrument, which from this moment the user authorizes to be collected and kept by TOP RENTALS México and its payment processors to guarantee an active or future reservation.

5.2 Check-in. The user must consider that he must be the owner of the payment method and that he must be present while presenting said payment method at the time of check-in.

5.3 Payment authorization. The user authorizes TOP RENTALS to charge the Total Price of the reservation in their payment method, including the payment of a deposit for the stay, directly or indirectly.

5.4 Payment method automatic update. If the information of your payment method changes (for example, account number, tracking number, expiration date) as a result of a reissue or other reason, we require confirmation from your bank and automatically update the status of the method. registered payment.

5.5 Currencies. TOP RENTALS processes all your transactions in US dollars (USD). However, the user can choose to pay with the currency of their choice through the currency tool provided on the TOP RENTAL Site, in which case the exchange rate between US dollars and said currency will be taken into account at the time of payment. The currencies available to make payments may be limited for regulatory or operational reasons based on factors such as the selected payment method, the country of residence, the entity or financial institution issuing the payment method, among others.

5.6 Commissions. TOP RENTALS is not responsible in the event that the entity or financial institution issuing the user's payment method, generates commissions for transactions related to the reservation, through the Site, and disclaims all responsibility in this regard. If this is the case, contact your bank or your credit card company if you have any questions about these fees or the applicable exchange rate.

5.7 Rejection of the reservation request. If a reservation request is rejected, the amounts collected will be reimbursed by TOP RENTALS and any prior authorization of your payment method (if applicable) will be waived. The timelines for receiving the refund or for the granting of the prior authorization may vary depending on the payment method and the rules of the applicable payment system (for example, Visa, MasterCard, etc.).

5.8 Payment Restrictions. TOP RENTALS reserves the right to refuse or limit payments that it considers (i) may violate TOP RENTALS risk management policies or procedures, (ii) may violate these Payment Terms, (iii) are not authorized, are fraudulent or illegal, or (iv) expose the user, TOP RENTALS and/or other people to risks considered unacceptable.

5.9 Responsibility of the payment method. TOP RENTALS is not responsible for any loss that you suffer as a result of incorrect information about your payment method that you have provided.

5.10. Payment plan. TOP RENTALS requires 100% (one hundred percent) of the Total Price at the time of booking.

In exceptional cases and upon request of the user, TOP RENTALS may authorize the option of making the payment of the reservation in 2 (two) exhibitions of 50% (fifty percent) of the Total Price each, the first at the time of reservation ( Payment 1) and the rest at another time with at least 60 (sixty) calendar days prior to the day of arrival registration (check-in) (Payment 2), for which the user acknowledges and accepts that TOP RENTALS may perform the charge automatically through the same payment method that was used when making Payment 1 of the reservation.

You agree that when making Payment 1 of the reservation, it may not be possible to cover Payment 2 with a different payment method or through a different payment schedule.

In the event that TOP RENTALS is unable to collect Payment 2 on the scheduled date, it will notify the user and require him to complete the payment using an alternative Payment Method within 72 (seventy-two) hours later. If the user does not complete the payment, TOP RENTALS will be empowered to cancel the reservation on their behalf and will apply the cancellation policy detailed in section 4.1 of these terms and conditions.

In each reservation, the payment of a deposit is contemplated [pre-authorization for a certain amount, which may vary depending on the PROPERTY, which will be released within 2 (two) business days after the check-out] .

6. RESPONSIBILITY & ASSUMPTION OF RISKS.

6.1 Responsibility. The user is responsible for their own acts and omissions and also for the acts and omissions of any person whom they invite to join or who, for access to the property, or complementary service. This means: (i) that the user will be responsible for ensuring that, upon leaving, all the property's facilities and its movable assets are in the good condition in which they were upon arrival, and (ii) the user must act with integrity, treat others with respect and comply with applicable laws and regulations at all times. The user acknowledges and accepts that, when reserving accommodation or any additional service for a minor guest, he acknowledges being legally authorized to act on behalf of such minor, for which he assumes all responsibility for the supervision of it.

6.2 Assumption of risks. The user acknowledges and accepts that some of the activities related to the reservation carry risks of illness, bodily injury, disability or death, which they assume freely and voluntarily when hiring the hosting services and/or complementary services; Therefore, it agrees that, to the extent permitted by applicable law, it assumes all responsibility that may arise from said risks.

7. SERVICES GENERAL CONDITIONS. TOP RENTALS informs you of the general conditions applicable to services:

(a) The contracting of the services provided by TOP RENTALS is carried out exclusively by electronic means in accordance with the applicable and current legislation.

(b) TOP RENTALS will provide to the user mechanisms that allow them to confirm their express consent through electronic means, in cases where this is required in terms of the applicable laws.

(c) It will only grant the user one reservation at a time per account and for the same dates.

(d) The user expressly authorizes TOP RENTALS so that, in the event of default in payment, TOP RENTALS can use the telephone number and email account provided to request payment.

(e) The arrival time starts from 4:00 p.m.

(f) The departure time is at 11:00 a.m., without exceptions.

(g) The cost of the extra guests is $ 30.00 USD (Thirty American dollars 00/100) per person per night.

(h) The cost of chef service for each meal of each extra guest is $ 200.00 (Two hundred pesos 00/100 M.N.).

(I) Access and accommodation to the property to third parties not indicated in the reservation is not allowed.

(j) Parties at the properties are totally prohibited.

(k) Noise after 11:00 pm is not allowed, since the neighbors' rest hours must be respected.

Failure to comply with the prohibitions described in paragraphs j) and k) above will be sanctioned with the early vacating of the property without responsibility for TOP RENTALS, or with a penalty of $ 500.00 USD for the exclusive consideration of TOP RENTALS.

8. MODIFICATIONS TO THE TERMS AND CONDITIONS. TOP RENTALS may modify these Terms and Conditions at any time, for which it will suffice with its publication on the Application and on the Site. In the event that the user disagrees with the changes made, they must communicate it by email to the following account info@toprentals.mx within 5 (five) days following the publication of the modifications; in that case, the user's account will be canceled as long as there are no outstanding amounts in favor of TOP RENTALS. Once this period has expired, without opposition from the user, it will be considered that the user accepts the new Terms and Conditions.

9. CANCELATION OF RESERVATION. Without prejudice to other measures, TOP RENTALS may suspend, without any requirement or formality, temporarily or permanently disable the user's account and/or cancel reservations if the user:

(a) Violate any law, or any of the stipulations of these Terms and Conditions.

(b) Breach of your commitments as a user.

(c) Incurred in fraudulent conduct or acts at the discretion of TOP RENTALS.

(d) The identity of the user could not be verified or any information provided by the same is erroneous or false.

10. LIABILITY FOR WEBSITE FAILURES. TOP RENTALS will keep the Site, as well as its contents, in a reasonably correct and updated manner, having the security controls that it deems necessary, always seeking the safety of the user, however, it will not be able to guarantee the latter that the systems and their contents are free of errors, defects, malware and / or viruses, so TOP RENTALS is not responsible for any damage or harm suffered by the user as a consequence and / or in relation to said failures or errors.

Likewise, any element that is downloaded by the user through the Site, will be at their own discretion and risk, so TOP RENTALS does not assume any responsibility for any virus that could affect or disable the user's equipment as a result of any download, transfer of data, files, images, texts, or audio contained therein, as well as any other information sent with the use of electronic means.

The Site may eventually be unavailable due to technical difficulties or Internet failures, or for any other circumstance beyond TOP RENTALS; Therefore, TOP RENTALS does not guarantee continued or uninterrupted access and use of its Site, in such cases it will only try to restore it as quickly as possible, without any kind of responsibility being attributed to it.

11. INTELLECTUAL PROPERTY. The user acknowledges that the content that appears on the Site is the exclusive ownership and property of TOP RENTALS and consequently its rights of use and exploitation correspond solely to it and are protected by international standards of copyright, trademarks, patents, industrial models and designs.

The user will not, under any circumstances, acquire any authorization or right over the intellectual property of TOP RENTALS by the mere use of the Site or derived from the reservation that may be made; therefore, the user will not be able to use the systems and other intellectual property rights of TOP RENTALS, either partially or totally, in an identical way or that confuses to a lesser or greater degree; without prior written authorization from TOP RENTALS.

Any violation of the foregoing or the applicable legislation on intellectual, industrial property, copyright will be considered and prosecuted as a crime. Consequently, the user understands that it is forbidden to give improper use, as well as to reproduce all or part of said systems and content.

12. NON-COMPLIANCE AND INDEMNITY. In case of breach of the user to any of the obligations derived from these Terms and Conditions, or in case of violation of any law and/or rights of third parties, TOP RENTALS may proceed to cancel the user's account.

In this case, the user will be obliged to indemnify TOP RENTALS for the damages that it causes, and must also cover the expenses that TOP RENTALS may incur, including attorneys' fees, the user committing to obtain in peace and safety to TOP RENTALS, its subsidiaries and/or controlling companies, directors, administrators, representatives and employees, of any claim or demand from other users or third parties for the user's activities on the Site, and/or for their breach.

13. PRIVACY POLICY. TOP RENTALS for the provision of services, collects personal information, including sensitive personal data of users, for which the terms of treatment of such personal data of users are specified in its Privacy Notice, which are hereby reproduced and that consequently form an integral part of these Terms and Conditions.

14. CONTACT. TOP RENTALS will be available to the user at their address located at Avenida Itzamna, block 26, lot 32, Aldea Zama shopping district, Tulum, Quintana Roo, and via email info@toprentals.mx at 9:00 a.m. at 6:00 p.m. from Monday to Friday.

15. NOTIFICATIONS, JURISDICTION AND APPLICABLE LAW. All notices and notifications that the parties must or wish to make in relation to these Terms and Conditions, must be made by email, in the case of those directed to the user to the account that has been provided at the time of registration, and for those addressed to TOP RENTALS to the contact account indicated in this instrument.

The User indicates as his address for all legal purposes that take place that are expressed in the data form for registration.

For the interpretation, compliance and execution of this instrument, the parties expressly agree to submit to the Federal Laws in force in the Mexican Republic and to the jurisdiction of the Competent Federal Courts based in Mexico City, consequently waiving any other jurisdiction that, due to their present or future domicile or for any other reason that may correspond to them.

Having read and understood each one of the Terms and Conditions, the user expresses his total acceptance and subjection to any obligation derived from them, when using the Site and/or the Application.

THE USER UNDERSTANDS AND AGREES THAT BY THE SINGLE USE OF THE APPLICATION AND/OR THE SITE, THE USER AGREES TO HAVE READ, UNDERSTOOD AND EXPRESSLY ACCEPT THE PRIVACY NOTICE AND ITS CONTENT.

Last update date: June 7th, 2021



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