1. Introduction
When accessing and using our websites, whose domains are www.hotelescity.com; www.cityexpress.com.mx, www.cityjunior.com.mx, www.citysuites.com.mx, www.citypremios.com.mx and www.cityaccess.com.mx, owned byOperadora de Hoteles City Express SA de CV, which hereinafter shall be referred to asHoteles City,the user is accepting the Terms and conditions of use contained in this agreement and expressly declares his/her acceptance of the same, doing so by the use of electronic means, in the terms set forth in article 1803 of the Mexican Federal Civil Code.
In case the user does not wholly and totally accept the terms and conditions of the present agreement, he/she must abstain from accessing, using and browsing through the following websites: www.hotelescity.com; www.cityexpress.com.mx, www.cityjunior.com.mx, www.citysuites.com.mx, www.citypremios.com.mx and www.cityaccess.com.mx
If the user accesses, uses and browses the aforementioned websites, said action will be considered as an absolute and express acceptance of the Terms and conditions of use set forth herein.
The sole use of said Web Pages conveys upon the general public the quality of user (hereinafter referred to as the “user” or “users”) and implies the full and unconditioned acceptance of each and all the general and particular conditions included in these Terms and conditions of use published by Hoteles City, from the very moment in which the user accesses the website.
Any modification of the present Terms and conditions of use shall be made when the incumbent,Hoteles City, deems it appropriate. The user shall be solely responsible for ensuring that he/she is aware of said modifications.
2. Agreement
This is an adhesion agreement regarding the use of the following Internet pages: www.hotelescity.com, www.cityexpress.com.mx, www.cityjunior.com.mx, www.citysuites.com.mx, www.citypremios.com.mx and www.cityaccess.com.mx, that is entered into by Hoteles City and by the user, both parties agreeing to abide by that set forth in the following document.
3. License
By virtue of the execution of this agreement, Hoteles City grants and gives the user the non-exclusive, revocable and non-transferable right to browse and use the following websites: www.hotelescity.com, www.cityexpress.com.mx, www.cityjunior.com.mx, www.citysuites.com.mx, www.citypremios.com.mx and www.cityaccess.com.mx, according to the Terms and conditions of use set forth herein. For the purposes of the present agreement, the parties agree that the term “user” shall be construed as any person, whatever his/her nature, that accesses the aforementioned websites and/or any of the sub-pages that display their content. The term “user” shall also represent any individual that registers him/herself in the websites, and/or uses the services that are offered through said websites or sub-pages.
b) The user may only print and/or copy any information contained or published in the websites of Hoteles City when he/she does so for personal use. It is strictly prohibited to give a commercial use to said information. If a company acts as a user, it will abide by that set forth in article 148, paragraph IV of the Mexican Federal Copyright Law.
c) The user is strictly forbidden to re-print, publish, distribute, assign, sub-license, sell or reproduce by electronic means or by any other means, be it totally of partially, any information, document or graphics that appear in the Hoteles City websites, for a different purpose than that of personal and non-commercial use, unless he/she has been granted previous authorization in writing by Hoteles City.
4. Rules for the use of the Hoteles City websites
The user and Hoteles City agree that the use of these websites: www.hotelescity.com, www.cityexpress.com.mx, www.cityjunior.com.mx, www.citysuites.com.mx, www.citypremios.com.mx and www.cityaccess.com.mx, shall be governed by the following rules:
1. Information contained in the Hoteles City websites. The user acknowledges and accepts that the information published or contained in any of said websites shall be clearly identified in order to know that it comes from and is provided by Hoteles City or by its suppliers.
2. Nevertheless, the information, concepts and opinions published in said websites do not necessarily reflect the position of Hoteles City, nor that of its employees, authorized officials, directors, shareholders, licensees and franchise owners (hereinafter the “affiliates”). Consequently, Hoteles City is not liable for any of the information, opinions and concepts that may appear in the aforementioned Web Pages. On this particular issue, we advise the user to consult a specialist and/or professional on the subject. Likewise, Hoteles City is not liable for the information contained in the Web Pages listed in the present document, including the sub-pages. It must be understood that the use and follow up said Web Pages is an activity undertaken by the user at his/her own risk and that he/she is responsible for the same.
3. Hoteles City has the right to deny access to or partially or totally delete any information, communication or material that it judges to be: i) abusive, defamatory or obscene; ii) fraudulent, contrived or misleading; iii) in violation of copyrights, trademarks, brands, confidentiality, industrial secrets or any other intellectual property rights belonging to a third party; iv) offensive, or v) in any way contrary to that set forth in the present agreement. If the user wishes to obtain more information about a specific subject provided by Hoteles City or its suppliers, he/she must apply directly to the corresponding parties and/or to a specialist.
4. The user acknowledges that Hoteles City does not previously control or exert censorship regarding the content available on the websites. Due to the preceding situation,Hoteles Cityis not liable for the content provided by independent suppliers or suppliers that are not in any way linked to the hotel chain, and has no editorial control over the content, information and/or material created and/or provided by third parties. All the opinions, advice, statements, services, offers or contents supplied or made available to the public by third parties are owned by their respective author, and Hoteles City is not in any way liable for them. Likewise, Hoteles City does not guarantee the accuracy, veracity, scope and/or usefulness of any content provided by said third parties. Additionally, Hoteles City is not liable for, nor does it guarantee the accuracy, scope, veracity and/or reliability of any opinion, information, advice or statement expressed by Hoteles City through its websites, and under no circumstances is Hoteles City liable for any harm and/or damages which it directly or indirectly may cause due to the user trusting the information obtained on the websites. Hoteles City has the right to delete or modify the content of its Web Pages that, based only on the judgment of Hoteles City, may not meet its standards or that may be contrary to the legal provisions in force. Consequently, Hoteles City is not liable for any failure, delay or tardiness resulting from the deletion of said material.
5. Formats
The users acknowledge that when providing information of a personal nature, required for any of the services offered in the websites, they grant Hoteles City the authorization referred to in article 109 of the Mexican Federal Copyright Law. In every case, the users may be held answerable for the veracity of the information provided to Hoteles City.
Furthermore, regarding the rendering of the services, the user is also under the obligation to accept the terms and conditions set forth for said purposes.
6. Copyright and industrial property
Hoteles City, these websites: www.hotelescity.com, www.cityexpress.com.mx, www.cityjunior.com.mx, www.citysuites.com.mx, www.citypremios.com.mx, www.cityaccess.com.mx , its logos and all the material appearing in said websites, are brands, trademarks, domain names, commercial names, and works of art which are the property of their respective owners, and are protected by the international treaties and the applicable legal provisions concerning intellectual property and copyright.
Copyright regarding the content, organization, collection, compilation information, logos, photographs, images, programs, applications, and in general any information contained or published in the following websites: www.hotelescity.com, www.cityexpress.com.mx, www.cityjunior.com.mx, www.citysuites.com.mx, www.citypremios.com.mx, www.cityaccess.com.mx , are duly protected in favor of Hoteles City, its affiliates, suppliers and/or their respective owners, according to the applicable legal provisions on intellectual property and copyright.
The user is expressly forbidden to modify, alter or delete, be it totally or partially, the notices, brands, trademarks, commercial names, signs, advertisements, logos, or in general any indication regarding the ownership of the information contained in the preceding websites.
If the user should give and/or transfer to Hoteles City any information, programs, applications, softwareor, in general, any material that requires to be licensed, and does so through these websites: www.hotelescity.com, www.cityexpress.com.mx, www.cityjunior.com.mx, www.citysuites.com.mx, www.citypremios.com.mx and www.cityaccess.com.mx, the user, through that action, is granting Hoteles City a perpetual, universal, free, non-exclusive, worldwide and royalty-free license that includes the right to sub-license, sell, reproduce, distribute, transmit, create, exhibit and perform derived works in relation with the aforementioned materials.
That set forth in the preceding paragraph shall also apply to any other information that the user sends or transfers to Hoteles City, including, with no limitation whatsoever, the ideas to renew or improve these websites: www.hotelescity.com, www.cityexpress.com.mx, www.cityjunior.com.mx, www.citysuites.com.mx, www.citypremios.com.mx and www.cityaccess.com.mx, whether said ideas had been included in any space within the preceding websites or by using any other transmission means that are already in use or that may be developed in the future.
Due to the above, the user, abiding by the provisions stated herein, expressly renounces its right to implement any legal action, lawsuit, or claim against Hoteles City, its affiliates or suppliers, regarding any present or eventual violation or infringement of any copyright or intellectual property right derived from the information, programs, applications, software, ideas, and any other material that the user itself sends to the following websites: www.hotelescity.com, www.cityexpress.com.mx, www.cityjunior.com.mx, www.citysuites.com.mx, www.citypremios.com.mx and www.cityaccess.com.mx.
Our policy is to take action against any violations or infringements regarding intellectual property issues that may occur. Hoteles City will take action according to the legal provisions in force and any other applicable intellectual property laws, including deleting and denying access to the material that is the object of activities that infringe on the intellectual property rights of third parties.
If any user or third party considers that any of the content that already appears or is bound to be uploaded in these websites: www.hotelescity.com, www.cityexpress.com.mx, www.cityjunior.com.mx, www.citysuites.com.mx, www.citypremios.com.mx, www.cityaccess.com.mx, and/or any of its services are in violation of its intellectual property rights, they must send a notification to the following address (Poner dirección de correo electrónico) in which they will provide: i) true personal information (name, address, phone number, and e-mail address of the claimant); ii) a specimen of his/her handwritten signature along with the personal information of the holder of the intellectual property rights; iii) a precise and full definition and details of the content protected by the allegedly infringed intellectual property rights, as well as the location of said violations in the aforementioned websites; iv) an express and clear statement regarding the fact that the introduction of the content in question was carried out without the consent of the holder of the allegedly infringed intellectual property rights; v) an express and clear statement, under the claimant’s sole responsibility, regarding the fact that the information supplied in the notification is accurate, and that the introduction of the content constitutes a violation of the rights in question.
7. Advertising material
The user acknowledges and accepts that Hoteles City is an independent corporation vis-à-vis third parties, suppliers and advertisers, whose information, images, advertisements, and other advertising material (hereinafter referred to as “advertising material”) can be published in the following websites: www.hotelescity.com, www.cityexpress.com.mx, www.cityjunior.com.mx, www.citysuites.com.mx, www.citypremios.com.mx and www.cityaccess.com.mx.
The user acknowledges and accepts that the advertising material is not a part of the main content published in said websites. By entering into this agreement, the user also accepts that the material in question is protected by all applicable laws regarding intellectual and industrial property rights.
8. No guarantee clause
The user agrees that he/she uses the following websites www.hotelescity.com, www.cityexpress.com.mx, www.cityjunior.com.mx, www.citysuites.com.mx, www.citypremios.com.mx and www.cityaccess.com.mx at his/her own risk, and that the services and products that are provided and offered therein have been planned and implemented on an “as is” and “if available” basis.
Hoteles City does not guarantee that the webpages in question will satisfy the users’ needs, or that the services offered in them will not be interrupted, or that said services are safe or free form errors.
Hoteles City does not guarantee or endorse in any way the veracity, accurateness, legality, morality or any other characteristic related to the content of the material published in the following websites: www.hotelescity.com, www.cityexpress.com.mx, www.cityjunior.com.mx, www.citysuites.com.mx, www.citypremios.com.mx and www.cityaccess.com.mx.
Hoteles City is not liable nor does it have any responsibility, or is subject to any conditions, be they expressly stated or implied, in relation with the services and information contained or available in or through the websites in question; including without any limitation whatsoever:
a) The availability for use of these websites: www.hotelescity.com, www.cityexpress.com.mx, www.cityjunior.com.mx, www.citysuites.com.mx, www.citypremios.com.mx and www.cityaccess.com.mx
b) The absence of viruses, errors, deactivators or any other contaminating or destructive material within the information or available programs in or through these Web Pages, and, in general, any failure in the aforementioned websites.
c) Notwithstanding the above, Hoteles City or its suppliers may constantly update the content of the Web Pages. That is why we ask the user to take into account that some of the publicized information or the information contained in or accessed through said websites may be obsolete and/or contain inaccurate data or typos, or spelling mistakes.
9. Limitation of liability
Up to the maximum extent allowed by all applicable laws, Hoteles City shall not, in any case, be liable for direct, special, incidental, indirect or consequential damages that in any way can be derived from or be related to:
a) The use of these websites: www.hotelescity.com, www.cityexpress.com.mx, www.cityjunior.com.mx, www.citysuites.com.mx, www.citypremios.com.mx and www.cityaccess.com.mx , when any delay or lack of availability may be ascribed to Hoteles City.
b) Providing or not providing services related to any information or graphics contained or published in or through the aforementioned websites.
c) Updating or not updating the information.
d) The alteration or modification, be it total or partial, of the information after it has been included in the websites in question.
e) Any other aspect or characteristic of the information contained or published in the Web Pages or through the links that may eventually be included in the aforementioned websites.
f) La proveeduría o falta de proveeduría que los demás servicios, todos los supuestos anteriores serán vigentes, aún en los casos en que se le hubiere notificado o avisado a Hoteles City acerca de la posibilidad de que se ocasionaran dichos daños.
10. Modifications regarding the Hoteles City websites
Hoteles City may, at any moment, and when it deems it convenient to do so, and under no obligation to notify the user, carry out corrections, additions, improvements or modifications to the content, presentation, information, services, areas, databases and all other items included in the websites in question. Said changes will not give rise to any rights regarding claims or compensation, and do not imply the acknowledgement of any liability that could benefit the user.
11. Modifications to the agreement
Hoteles City se reserva el derecho de modificar los Términos y condiciones de uso de este convenio en cualquier momento, siendo efectivas dichas modificaciones de forma inmediata por medio de: Hoteles City reserves the right to modify the Terms and conditions of use of the present agreement at any time. Said modifications shall become effective immediately, through:
a) The publication of the modified agreement in the following websites: www.hotelescity.com, www.cityexpress.com.mx, www.cityjunior.com.mx, www.citysuites.com.mx, www.citypremios.com.mx and www.cityaccess.com.mx.
b) The notification to the user regarding said modifications.
Accordingly, the user agrees to periodically review the present agreement so as to keep track of said modifications. Notwithstanding the foregoing provision, every time the user accesses the aforementioned websites shall be construed as an action that entails the total acceptance of the modifications concerning the present agreement.
12. Additional terms
From time to time, Hoteles City may add additional provisions (hereinafter referred to as “additional terms”) to the Terms and conditions of use of the present agreement. Said provisions may be related to specific areas or to new services to be provided in or through the following websites: www.hotelescity.com, www.cityexpress.com.mx, www.cityjunior.com.mx, www.citysuites.com.mx, www.citypremios.com.mx and www.cityaccess.com.mx, and they will be published in the specific areas or new services spaces of said websites for their perusal and acceptance. The user acknowledges and accepts that these additional terms are an essential part of this agreement for any legal purposes that may be required.
13. Assignment of rights
Hoteles City may, at any time and when it deems it convenient to do so, totally or partially assign its rights and obligations derived from the present agreement. By virtue of said assignment, Hoteles City shall no longer have any obligations –as set forth in the present agreement- vis-à-vis the user.
14. Compensation
The user agrees to compensate Hoteles City, its affiliates, suppliers, sales representatives and advisors, for any legal action, lawsuit or claim (including lawyers’ fees and court fees) derived from any failure on the part of the user to comply with the provisions of the present agreement. Said legal actions, lawsuits or claims, include but are not limited to, the ones stemming from the following issues:
a) Any aspect related to the use of the following websites: www.hotelescity.com, www.cityexpress.com.mx, www.cityjunior.com.mx, www.citysuites.com.mx, www.citypremios.com.mx and www.cityaccess.com.mx.
b) The information contained or available in or through the websites in question; or insults, libel, slander, or any conduct that is in violation of the present agreement and that may be attributable to the user, stemming from the use of the aforementioned websites.
c) The violation of applicable laws or international treaties related to copyright or intellectual property, and to the content available in or through the websites in question.
15. Termination
Hoteles City reserves the right, according to its own judgment and discretion, and without prior notice to the user, to:
a) Permanently terminate the present agreement.
b) Permanently discontinue or cease to publish the following websites: www.hotelescity.com, www.cityexpress.com.mx, www.cityjunior.com.mx, www.citysuites.com.mx, www.citypremios.com.mx and www.cityaccess.com.mx, without any liability regarding Hoteles City, its affiliates or suppliers.
16. Survival of obligations
These Terms and conditions of use, as well as the additional terms thereof, constitute the whole agreement between the parties, and substitute any other contract or agreement previously entered into by the same parties. Any clause or provision of the present agreement or of the additional terms which is legally declared to be null and void, will be deleted or modified solely at the discretion of Hoteles City, so as to correct any legal vices or defects. Notwithstanding, the rest of the clauses or provisions shall remain in full force, retain their validity and continue to be legally binding.
17. Waiver of rights
If Hoteles City, its affiliates or suppliers choose not to exercise the rights derived from the present agreement at any given time, this shall not be construed as a waiver of said rights or as a waiver of the right to take legal action or sue.
18. Applicable laws and jurisdiction
The present agreement shall abide and be interpreted according to Mexican Law and the rulings of the courts of Mexico City, Federal District, Mexico.