Terms and Conditions

Marival Distinct Luxury Residences & World Spa

I. GENERAL PROVISIONS

INTRODUCTION AND ACCEPTANCE

These Terms and Conditions (hereinafter the "Terms and Conditions") regulate the use of the website: https://www.marivaldistinct.com/ (hereinafter the "Website"), as well as the electronic reservation and lodging services offered through the same, in the facilities of the hotel commercially known as Marival Distinct Luxury Residences & World Spa (the "Hotel"), operated by Operador Hotelero Distinct Luxury Residences, S. de R.L. de C.V., with address located at Paseo de los Cocoteros Lote 53, Villa 8, Nuevo Vallarta, Bahía de Banderas, Nayarit. C.P. 63732.

The natural persons (hereinafter "You," the "User" and/or the "Users") who access and/or make use of the Website by viewing, browsing, consulting, transmitting information, requesting information, requesting services, receiving information, quoting services, contracting services or who, in any way, use the Website or its contents, shall be deemed to accept these Terms and Conditions, as well as any other policy or contract identified herein, which is necessary to provide the services requested by the User. If You do not agree with this Terms and Conditions Agreement, You must leave the Website and refrain from asking, booking, and/or using any of its functionalities or services.

PURPOSE AND SCOPE OF APPLICATION

These Terms and Conditions shall apply to any action performed by a User within the Website that allows the User to view, browse, consult, consult, transmit information, request information, request services, receive information, quote services, contract services, or otherwise use the Website and its contents.

The section headings used in these Terms and Conditions are for guidance only and have no legal or contractual effect. Access to the Website or the content published herein may be illegal for certain persons or in certain countries. Users accessing the Website do so at their own risk and are solely responsible for compliance with the laws of the jurisdiction in which they are located.

PERSONAL INFORMATION

Our applicable Privacy Notices govern how we treat the personal data of Users who use the Website to acquire any of the Hotel´s services. These Notices may be consulted anytime at the following link: https://www.marivaldistinct.com/privacy-notice

The personal data provided by the Users will not be disseminated or transferred to third parties outside the organization at any time and in any form, except with the express consent of the Users or in accordance with the exceptions provided for by the applicable regulations, which allow and order the transfer of such personal data without the User´s consent.

The Hotel has administrative and technical security measures to prevent website security breaches. However, the Hotel cannot guarantee the absolute security of the Website against attacks by third parties or the lack of continuity of the services provided by third parties.

II. TRADE PROVISIONS

RATES

• Rates published on the Marival Distinct Luxury Residences & World Spa website are per person per night, based on double occupancy.
• Our special promotions and sales are valid only when booking online, through this Website, or our Contact Center by calling +1 833 531 3080 .
• All rates include VAT, tourist, and government taxes.
• Rates are subject to change without notice.

RESERVATIONS

• Reservations can be made and processed online or through our Contact Center.
• Having a reservation before your arrival and showing the corresponding confirmation is necessary.
• Reservations are confirmed once the security deposit has been paid, specified, and itemized in the reservation confirmation.

HOTEL + FLIGHT RESERVATIONS

• Marival Distinct Luxury Residences & World Spa is responsible for your room only. All communication regarding your flights is with PriceTravel or the applicable supplier.
• Due to airline policies, flights are non-refundable and non-transferable. They cannot be canceled. However, in some cases, a change-of-date coupon may apply. If you wish to cancel, please get in touch with the airline.

CHECK-IN/CHECK-OUT

• Check-in is at 3:00 pm.
• Check-out is at 11:00 a.m.
• Arrivals before 3:00 p.m. will be charged a special fee per person, which can be consulted at the hotel´s front desk.
• Departures after 11:00 a.m. will be charged a special fee per person, which can be consulted at the hotel´s front desk.

DEPOSIT INSURANCE

• A deposit equivalent to one night´s stay is required, which will be charged when booking. The remaining balance must be paid directly at the hotel on the day of your arrival.
• At check-in, you must show a valid official ID issued by a competent authority, a photo of the cardholder, and a credit, debit, or cash card to cover additional charges.

PAYMENTS

• A credit or debit card is required to make a reservation.
• When confirming your reservation, you must provide a deposit guarantee of one night´s stay (including room rate, VAT, and service fees).

CHANGES, CANCELLATIONS AND NO-SHOW POLICY

• Reservation changes are subject to room availability; the Hotel does not guarantee availability if the User wishes to request changes in his/her reservation.
• Cancellation policies may vary depending on the season the User makes his/her reservation. The User can consult the cancellation policies in force when generating his/her reservation in the Website´s reservation engine, so we ask the User to read them carefully before finalizing his/her reservation at the Hotel. In any case, the User acknowledges and accepts that the Hotel may modify the cancellation policies without prior notice, so it will be the User´s responsibility to periodically review the current and public cancellation policies when generating their reservations.
• We have special non-refundable promotions, which can be consulted directly on the Website
• Marival Distinct Luxury Residences & World Spa reserves the right to charge your credit card a cancellation fee equivalent to the number of nights reserved by the current cancellation policy.

HOTEL SERVICES

• The lodging package offered by the hotel is all-inclusive, except for certain additional services. You may consult the inclusions of the All-Inclusive package directly on the Website when you make your reservation; any product or service not specified within such package will have an additional cost.
• We are not responsible for loss or damage to property owned by customers, employees, agents, contractors, or outside vendors. We provide in-room safes.
• Except for emotional support pets, no pets are allowed.

AGE POLICY

• Marival Distinct Luxury Residences & World Spa is a resort for guests of all ages.
• Minors must wear a bracelet different from adults, which the hotel´s operational staff will always provide.
• A parent or guardian must always accompany guests under the age of all ages.
• Any person caught providing alcoholic beverages to minors will be expelled from the hotel, with no exceptions. In this regard, the hotel´s operational staff will identify underage guests with the corresponding bracelet to ensure that alcoholic beverages will not be provided to them under any circumstances.

RESTRICTIONS

• The following are not allowed in the Hotel:
• Pets or livestock.
• Pillows, sheets, comforters, or other bedding.
• Electrical appliances, heating, and cooking equipment.
• Marival Distinct Luxury Residences & World Spa reserves the right to confiscate any items immediately, without prior notice, if found inside any room.

Our guests are expected to behave in an orderly and acceptable manner and not disturb other guests´ enjoyment. We reserve the right to immediately terminate your booking and the booking of members of your party should we (acting reasonably) come to regard your conduct as a breach of this clause.

Behaviors that we consider inappropriate include, but are not limited to:

• Inappropriate noise levels or disturbances.
• Drunkenness or unruly behavior.
• Any behavior that appears offensive to other guests or co-workers.

We will always make reasonable decisions as provided in this clause.

If we cancel your reservation, in compliance with current cancellation policies, you must leave the Hotel immediately. You will be responsible for any damage or loss caused by you or any party member. Payment in full for any damage or loss must be made before your departure. If you fail to make payment, you will be liable for any subsequent claims (including legal costs) against us due to your actions and for all expenses we incur in enforcing any claim against you.

Our obligations end when your reservation is canceled. We are not responsible for refunding lost accommodation and are not liable for any expenses or costs incurred due to cancellation.

We may send you news and information about special offers and news electronically. You can unsubscribe anytime by emailing [email protected] requesting to unsubscribe from the Hotel´s advertising and offers. Marival Distinct Luxury Residences & World Spa will not share your data with third parties. These terms and conditions shall be governed by and construed in accordance with the laws of Mexico.

USERS´ RIGHTS

Users have the right to choose the quantity of the products and services provided by the Hotel; however, the Hotel´s products and services are provided "as is"; therefore, such products and services are subject to availability of quantity or quality and commercial capacity, among other things, the Hotel´s capacity and the rates in effect during the travel seasons.

INTELLECTUAL PROPERTY AND USE RESTRICTIONS

"MARIVAL RESORTS®," "GRUPO MARIVAL," "MARIVAL GROUP," and "MRIVAL DISTINCT LUXURY RESIDENCES & WORLD SPA®" , are reserved trademarks of services and/or products that are registered or in the process of registration before the competent Intellectual Property authorities (the "Registered Trademarks"), which are the property of their respective owners.

The Hotel considers the compilation of links to Internet resources, the description of such resources, and the information published on the Website to be copyrighted. Users are not authorized to copy, physically, logically reproduce, or modify any part of the Website. The name of the Hotel and its trademarks, patents, and copyrighted material may not be used in advertising or publicity without the hotel´s specific, prior written permission. The Hotel reserves the right to bring civil, criminal, or administrative actions arising from improper or unauthorized use of this Website, including infringement of its trademarks.

The preceding is understood except in those cases in which, in these Terms and Conditions, in the particular conditions of specific services, or any other place of the Website, another condition is stated for a particular content or category of content.

All Intellectual and Industrial Property rights on the contents and/or services are reserved in favor of their respective owners, either the Hotel or third parties who have granted the appropriate authorizations.

The data and information originated through the Website as part of the services provided to Users, such as dates, reservation numbers, destinations, resorts, offers, credits, restaurants, wedding planning, travel tips, and/or any other information or data related to a service contracted through the Website, may be used by Users for the specific purposes related to such information.

The Hotel reserves all copyrights on the content, organization, compilation, information, logos, photographs, images, videos, programs, applications, and, in general, any work contained or published on the Website and other services are protected in accordance with applicable local or international legislation on intellectual property.

To the extent that this Website provides interactive features that allow Users to submit information or data, You expressly acknowledge that You may not upload, distribute, or otherwise publish through the Website any content that is unlawful, defamatory, obscene, threatening, offensive, harmful, invasive of privacy or publicity rights, abusive or otherwise objectionable and that may constitute or encourage a criminal or administrative offense, violate the rights of any third party or otherwise give rise to liability or violations of law. When you upload or submit legal materials to the Hotel, you automatically grant us (or indicate that the owner of such rights has expressly granted us) perpetual, royalty-free, irrevocable, non-exclusive rights and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such materials or incorporate them in any way.

ADVERTISING

The Hotel constantly reviews the information made available to Users through the Website to ensure that it is truthful, verifiable, transparent, and sufficient regarding the characteristics of the services offered.

THIRD-PARTY ADVERTISING

The Hotel is independent of third-party sponsors or advertisers whose information, images, advertisements, and other advertising or promotional material may be published on the Website.

Links to other sites that may be of interest are provided solely for your convenience. The provision of these links does not mean that we endorse, sponsor, or recommend such sites or the materials distributed by them or the services they provide, and we are not responsible for the materials and content on any other site related to or originating from such sites.

Marival Distinct is set to become a Handwritten resort in the near future.

As an All member, booking a stay at this resort may grant you access to exclusive rewards. However, these benefits only apply when reservations are made through the official all.com website.

LIMITATION OF LIABILITY

The User expressly agrees to assume all risk arising from the Website. The services, content, work, and other information provided through the Hotel´s Website are provided exclusively on the information contained in the Website.

Accordingly, the User agrees that using this Website is at the User´s own risk. The materials on this Website are provided "as is" and without warranties of any kind, either express or implied. To the fullest extent permissible under applicable law in your jurisdiction, the Hotel disclaims all warranties, express or implied, including, without limitation, implied warranties of merchantability and fitness for a particular purpose. The Hotel does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this Website or the server that makes it available is free of viruses or other harmful components. The Hotel does not warrant or make any representations or warranties regarding the use or results of the materials on this Website regarding their correctness, accuracy, reliability, or otherwise. You (and not the Hotel) assume all costs for all services, repairs, or corrections necessary to provide them. The law of your country of residence may not allow the exclusion of implied warranties, so the above exclusion may not apply on a case-by-case basis.

The Hotel cannot guarantee to the Users that the Website, its content, works, and information will meet their requirements or expectations, nor can it guarantee the results obtained from using the Website, in the understanding that the Website´s content and the rates published therein are constantly being updated.

Under no circumstances, including, but not limited to, negligence, shall the Hotel be liable for any direct, indirect, punitive, special or consequential damages, or strict liability for moral damages that result from the use of, or the inability to use, the materials and content on this Website, even if the Hotel or an authorized representative of the Hotel has been advised of the possibility of such damages. The applicable law of your place of residence may not allow the limitation or exclusion of liability or incidental, consequential damages, so the above limitation or exclusion may not apply to you. In no event shall the Hotel´s total liability to you for any damages, losses, or other causes of action, whether in contract, tort (including but not limited to negligence), or other source of liability, exceed the amount paid by you, if any, for the purchase of services offered on this Website.

WEBSITE MODIFICATIONS

The Hotel may, at any time and when it deems appropriate, at its sole discretion, make corrections, additions, improvements, or modifications to the content, presentation, information, services, and other elements of the Website without giving rise to any claim or compensation, nor does this imply recognition of any liability whatsoever in favor of the User.

MODIFICATION TO THE TERMS AND CONDITIONS

The Hotel may modify, update, extend, or otherwise change the content and scope of these Terms and Conditions at any time and at its sole discretion. In such cases, we will publish the changes on the Website.

The version posted on the Website shall be deemed the latest version in effect; users should be diligent to ensure they are aware of the newest version.

Therefore, Users should review these Terms and Conditions periodically to keep abreast of any changes whose notice they have yet to attend previously. However, each time the User accesses the Website, he/she shall be deemed to accept the latest version of these Terms and Conditions.

APPLICABLE LAW AND JURISDICTION

The Hotel controls and operates this Website from its Banderas Bay, Nayarit, Mexico offices. The Hotel makes no representation that materials on this Website are appropriate or available for use in other locations. These Terms and Conditions shall be governed by and construed in accordance with the laws in force and applicable in Mexico, without application of principles or laws of conflicts of laws. You agree to accept this by using this Website.

Any dispute arising from or relating to this Website shall be governed by, construed, and enforced in the competent courts of Banderas Bay, Nayarit, Mexico. The User expressly waives any other jurisdiction or forum that may apply to it because of its domicile, present or future, or for any other reason. If any provision of these Terms and Conditions is declared void, they shall be deemed severable by them. It shall not affect the validity and enforceability of any remaining provisions.

COMPLAINTS AND CLAIMS

Suppose you have any questions, complaints, comments, or claims regarding the Terms and Conditions or about the services provided by the Hotel, including costs, payment methods, refund and return mechanisms, payment and/or billing conditions. In that case, you can communicate them to us through the following means of contact:

HOTEL OPERATOR DISTINCT LUXURY RESIDENCES, S. DE R.L. DE C.V.

+1 833 531 3080

Paseo de los Cocoteros Lote 53, Villa 8, Nuevo Vallarta, Bahía de Banderas,
Nayarit, C.P. 63732.

E-mail: [email protected]

Last updated: June 21, 2024.