Whale Watching Los Cabos

1. INTRODUCTION

 

1.1 This document refers to the Terms and Conditions of OTIUM INTERNATIONAL and its subsidiaries and affiliates (hereinafter "OTIUM") which are applied to the user (hereafter referred to as the "Client") who accesses, browses, reserves or uses any of the functionalities made available through the OTIUM websites, mobile phone assets and / or related applications (hereinafter, this “Website”).

1.2 The terms "we", "us", "our", and other uses of the first person of the plural refer to OTIUM.

1.3 The terms "you", "you", "your", and other uses of the second person of the singular refer to the Client.

1.4 This Website allows you to access a variety of travel experiences in our destinations such as excursions, transfers and accommodations (hereinafter, the "Products"). These are made available to you by OTIUM in agreement with transfer operators, excursion operators, and other independent suppliers (hereinafter, the “Suppliers”) with the objective that you may gather information, search and make reservations for Products, but for No other purpose.

1.5 The Products that are made available on this Website are offered on condition that you accept without any modification each and every one of the terms, conditions, and notices detailed below (hereinafter, the "Contract").

1.6 By accessing this Website or using it in any way, you agree to be bound by the Contract and declare that you have read and understood its conditions. Read the Contract carefully, as it contains information concerning your legal rights and the limitations of such rights, as well as sections related to the law and jurisdiction applicable to conflicts.

1.7 If you do not accept all of the terms and conditions, you should not use this Website or reserve any Products.

1.8 With respect to all reservations, the person making the reservation will be deemed to have accepted this Contract on behalf of the persons named in the reservation.

1.9 We may change or otherwise modify the Contract in the future, in accordance with the terms and conditions specified herein; likewise, you understand and accept that access to this Website and its continued use after such changes means acceptance of the updated or modified Contract.

1.10 All modifications will take effect immediately after publication. We will notify our members of all important changes made to these terms and conditions by sending a notice to the email address they provided at the time of registration or by posting a notice on our Website.

1.11 Be sure to return to this page periodically to review the most current version of the Agreement.

 

2. THE WEBSITE

 

2.1. Use of the Website

2.1.1 As a condition to use this Website, you guarantee that:

a) All the information you provide on this Website is true, accurate, current and complete.
b) If you have an OTIUM account, you will protect your account information, monitor and be fully responsible for any use of the account made by anyone other than you.
c) You are 18 years of age or older to register an account and make use of our Website.
d) You have the legal authority to formalize this Contract and to use this Website in accordance with all the terms and conditions specified herein.

2.1.2 You are only authorized to use this Website to make legitimate reservation requests for the Products offered. You agree not to use this Website to make any kind of speculative, false or fraudulent request.

2.1.3 In addition, you represent and warrant:

a) That the use of the Website has never been subject to suspension by OTIUM nor has it been prohibited in any other way.
b) That it is not the direct competence of OTIUM.
c) That you will not have more than one OTIUM account at any time.
d) That it has full powers and authority to enter into this Contract and that in doing so does not violate any other agreement of which it is a party.

2.1.4 We reserve the right to deny access to this Website and the services we offer, at our sole discretion, at any time and for any reason, which includes, without limitation, breach of this Agreement.

 

2.2. Privacy policies

2.2.1 OTIUM believes in the protection of your privacy. Any personal information you post on the Website will be used in accordance with our Privacy Policy.

 

2.3. Forbidden activities

2.3.1 The content and information of this Website (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code, or other materials), as well as the infrastructure that is used to provide such content and information are our property.

2.3.2 You agree not to modify, copy, distribute, transmit, display, represent, reproduce, publish, transfer, sell, or resell in any other way any information, content, software, product or service obtained on this Website or through it, as well as not granting licenses or creating derivative works of the information, content, software, products or services cited.

2.3.3 For any other use of the content of this Website, prior written consent from OTIUM is required. (If you are interested in being an OTIUM affiliate, click here).

2.3.4 In addition, you agree not to perform any of the following acts or to help or allow anyone to do so:

a) Use this Website or its content for any commercial or illegitimate purpose.
b) Access, monitor or copy any content or information on this Website through the use of robots, crawlers, data scrapers or any other automated means or manual process that allows access, tracking, indexing, retrieving, or using any other mode the Website or its content for any purpose without our explicit written permission.
c) Take any action that imposes, or may impose, in our sole discretion, an excessive or disproportionate burden on our infrastructure or suppose a demand for excessive traffic to the Website.
d) Establish deep links to any section of this Website for any purpose without our explicit written permission.
e) Insert, reflect, or otherwise incorporate a part of this Website into another website without our prior written authorization.
f)  Try to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any software program that OTIUM uses in relation to the Website.
g) Use the Website to send or transmit spam ("spam"), message chains, contests, "junk mail", pyramid systems, surveys or other mass messages, whether commercial or not.
h) Use the website in any way that may generate a conflict of interest; for example, exchanging opinions with other business owners or writing or soliciting opinions.
i) Use the website to promote intolerance or discrimination.
j) Use the website to infringe third party rights, which includes breach of trust and infringement of copyright, trademarks, patents, trade secrets, moral rights, privacy rights, or any other intellectual property rights or of ownership.
k) Use the website to send or transmit pornography or illegal content.
l) Use the website to request personal information from minors or to harm, care for or cause harm to minors.
m) Attempt to obtain unauthorized access to the Website, computer systems or networks connected to the website through hacking, password extraction or any other means, as well as the transmission of computer viruses, worms, defects, trojans or other elements of a similar nature.
n) Use any device, software or routine that interferes with the proper functioning of the Website or attempt to interfere in any other way with the proper functioning of the Website.
o) Use the Website to violate the security of any computer network, decrypt passwords or security encryption codes.
p) Disrupt or interfere with the security of the Website or damage it in any other way.
q) Remove, bypass, deactivate, or impair the security functions of the Website, those that prevent or restrict the use or copying of the Website Content or those that apply the limitations of use of the Website, or interfere in any other way with them.
r) Perform any action or use of the Website that is translated or may reasonably result in damage or harm to OTIUM, the Website, or that constitutes an illegal act or against morality and good customs.

 

2.4. User account

2.4.1 You are responsible for maintaining the confidentiality of your account password and login credentials. You are also responsible for all activities carried out in relation to your account. You agree to notify us immediately of any unauthorized use of your account.

2.4.2 We reserve the right to close your account at any time with or without reason, and without liability to OTIUM. Therefore, you agree that if OTIUM exercises its right to unilaterally close your account, you will not have and waive any claim, action, or claim against OTIUM, for any reason.

2.4.3 We may cancel or suspend your account or your ability to use the Website if you use it improperly. The cancellation or suspension in question could prevent you from accessing your account, the Website, its Content, the Website Content, and other related information.

2.4.4 AS A USER OF THIS WEB SITE, YOU UNDERSTAND AND ACCEPT THE FOLLOWING: (1) NEITHER OTIUM OR ITS AFFILIATES WILL HOLD ANY RESPONSIBILITY BEFORE YOU OR ANY THIRD PARTY FOR TRANSACTIONS NOT AUTHORIZED BY THE PASSWORD OR YOUR ACCOUNT; AND (2) THE UNAUTHORIZED USE OF YOUR PASSWORD OR ACCOUNT COULD CARRY YOUR RESPONSIBILITY OF ANY CHARGES MADE TO OTIUM AND OTHER USERS.

 

2.5 Electronic communications

2.5.1 When you use this Website or send us emails, text messages and other communications from your computer or your mobile device, you will be communicating with us electronically and agree that we may communicate with you in various ways, for example, by email, through notifications distributed through applications or through the publication of notices and messages on the Website.

 

2.6. Links to third party sites

2.6.1 This Website may contain hyperlinks to websites managed by parties other than OTIUM. Such hyperlinks are provided for your reference only. We do not control such websites nor are we responsible for their content or the privacy or other practices of such websites. In addition, it is up to you to take the necessary precautions to ensure that the links you select or the software you download (both from this Website and from other websites) are free of elements of a destructive nature, such as, among others, viruses, worms, trojans, or defects.

2.6.2 The fact that we include hyperlinks to these websites does not imply that we subscribe to the material found in them or any association with their operators. In some cases, a third-party site may ask you to link your OTIUM profile to a profile from another third-party site. The choice is totally optional and the decision to allow this information to be linked can be disabled (through the third party site) at any time.

 

2.7. Accuracy of the information

2.7.1 OTIUM makes every effort to ensure the accuracy of the information contained on the Website and, to the best of its knowledge, all information is accurate and current at the time of publication. However, errors and last minute changes occur due to the nature of the services and we reserve the right to refuse to accept, cancel and refund, or modify without prior notice, any reservation made with information published in error or with information not updated.

2.7.2 The photographs, and written descriptions that appear on this Website are representative only and are not a guarantee that everything is exactly as shown.

2.7.3 The information about the Products published on the Website is provided by the Suppliers. OTIUM cannot be held responsible for any inaccuracies or omissions contained in the information provided by third parties.

 

3. RESERVATIONS, RATES AND PAYMENTS

 

3.1. Prices and inclusions / exclusions

3.1.1. Regular transfer prices are net per person, per route, and include local taxes.

3.1.2 The prices of private transfers are net per vehicle, by road and include local taxes.

3.1.3 Tour prices are per person, unless otherwise specified.

3.1.4 Prices are based on the local rate at the time of making the budget, converted by applying the currency exchange rate in force as determined by OTIUM.

3.1.5 Price quotes are subject to change without notice until the time of booking confirmation.

3.1.6 Prices do not include tips to local directors, drivers or guides, visa and passport fees, luggage and personal insurance, personal belongings, taxes or fees, or any type of drinks or food that does not expressly specified in the description of the Product on the Website.

3.1.7 Prices for children and infants have conditions according to the reserved product. See section of Children and Infants in the sections of Excursions and Transfers.

 

3.2. Promotions

3.2.1 On occasions, OTIUM announces promotional offers or makes available electronic discount coupons, which may be limited to selected destinations, excursions and hotels. All these promotions and coupons are time sensitive and therefore have a start and end date. They cannot be combined with any other promotion that can be advertised and available at the same time.

3.2.2 All published prices and promotions announced and offered by OTIUM have limited space availability and may be withdrawn at any time, with or without prior notice.

 

3.3. Itineraries

3.3.1 All reservations are subject to availability. The itineraries for all products and services purchased on this Website are not guaranteed until OTIUM has received your payment in full in accordance with the requirements established in these Terms and Conditions.

3.3.2 Once payment has been confirmed, you will receive your itinerary with additional information (for example, check-in time, pick-up time, etc.) to the email address provided or a hard copy of your itinerary if you are at the destination with respect to excursions.

3.3.3 Contact us immediately if you do not receive your itinerary within 48 hours after your reservation.

 

3.4. Payments and cancellations

3.4.1 When you reserve a Product through the Website, OTIUM collects your payment information and processes it as described later in the "Payment Processing" section.

3.4.2 Otium accepts payments via PayPal and Mastercard, Visa or American Express credit cards.

3.4.3 There is no service fee or charge for processing payments with debit or credit cards.

3.4.4 To make a reservation, it is essential to pay it in full by means of the selected payment method. The payment will appear as OTIUM INTERNATIONAL in the statement of your statement.

3.4.5 It will not be possible to receive any refund once an excursion or service has started or when it is a package, accommodation, food or other service used.

3.4.6 If you wish to cancel a reservation through the Website, the corresponding product cancellation policy will be applied (Check the cancellation policies in the “EXCURSIONS AND TRANSFERS” and “ACCOMMODATION” chapters), which will establish the cancellation conditions and refund.

3.4.7 When you cancel a reservation, you will be notified by email or telephone the total amount of the refund you will receive, if you are entitled to any, within 10 to 15 working days.

3.4.8 The value of the transaction may be subject to taxes, fees, commissions for foreign transactions, currency exchange or other charges. Your bank or the entity of your credit or debit card may convert the payment to the local currency and incur charges, which will mean a difference between the amounts shown by OTIUM and the final amounts charged to your bank account or your bank statement Credit or debit card.

3.4.9 Contact your bank or your card entity if you have any questions about the conversion rates or applicable charges. For reservations made in Brazil, keep in mind that the IOF tax (financial operations tax, 6.38%) is not included in the final value of the reservation, but will be charged to the credit or debit card that is used to make the purchase.

 

3.5. Payment Processing

3.5.1 Under this Agreement, payment processing services for services purchased on this Website are provided by PayPal on behalf of OTIUM, or CardNet, according to the payment method used to purchase the services.

3.5.2 Your credit card number, billing information, and the rest of the information provided are subject to a verification process when booking with OTIUM. Please ensure accuracy by providing all these details, otherwise your credit card may be rejected and your reservation canceled without prior notice and without OTIUM's responsibility.

3.5.3 When using a credit card, the reservation and the price are not guaranteed until the verification process is completed. OTIUM can cancel any reservation in case of suspicion of fraud, theft, or dishonesty.

 

3.6. Taxes, Passports, Visas and Insurance

3.6.1 Some destinations require the purchase of a tourist card upon arrival in the country and other taxes may apply upon departure. Tax amounts may vary by destination and are subject to change. You are solely responsible for paying such taxes.

3.6.2 When making reservations for an international trip with third-party suppliers through this Website, you are responsible for ensuring that all foreign entry requirements are met and that your travel documents, including passports and visas, are in order.

3.6.3 Regarding passport and visa requirements, contact the relevant embassy or consulate for information. Since the requirements may change at any time, be sure to check the updated information before booking or leaving on a trip.

3.6.4 OTIUM assumes no responsibility to travelers who are denied entry to a flight or to any country for not carrying the travel documents required by any airline, authority or country, including countries for which the traveler just has to pass in transit to their destination.

3.6.5 Since visa and health requirements are subject to change without notice, we recommend that you check these requirements at the appropriate consulate before leaving on a trip. It is also your responsibility to consult with a doctor about current vaccine recommendations before making an international trip, as well as making sure that you meet all health access requirements and follow all medical prescriptions regarding your trip.

3.6.6 We strongly recommend that you purchase a complete travel insurance policy before you travel to protect the purchase of your Product. If you cancel your trip or significantly change your travel dates, the policy may reimburse you for the cost of cancellation charges and other related expenses. Read the corresponding terms and conditions of the travel insurance policy carefully.

 

3.7. Claims

3.7.1 OTIUM has been very careful in selecting the suppliers used and presented on this website, however, if you have a complaint you can file a claim form directly with our representative at your hotel, providing all the information that it is require.

3.7.2 You can also contact us via the claims form available here.

3.7.3 All claims will be analyzed and answered within 10 working days.

3.7.4 Any claim received more than 30 days after the service in question will not be accepted for refund.

3.7.5 OTIUM will not be liable for any claim that exceeds the amount paid for the services you are claiming.

 

3.8. Clients with special needs and / or Pregnancy

3.8.1 Customers with special needs that require assistance or special services during the trip, including rooms adapted for it and / or rooms with wheelchair access and / or private transfers, should contact the OTIUM Contact Center at the time of the reservation or at least 10 business days before departure to communicate your requirements.

3.8.2 OTIUM cannot be held responsible for non-compliance by third parties in any request for special needs.

3.8.3 OTIUM will accept any woman who travels during pregnancy in any OTIUM transport if the pregnancy does not present complications or a history of premature delivery.

3.8.4 OTIUM does not accept pregnant women on any of the excursions it sells. If you make an excursion reservation on this Website you declare that you are not pregnant and indemnify OTIUM, as well as their respective executives, managers, employees, and agents against any claims, causes of action, lawsuits, lawsuits, errands, investigations, losses, damages, fines, penalties, fees, expenses, costs, and any other responsibilities of any kind, which includes, without limitation, reasonable legal and accounting rates, which derive from the reservation and enjoyment of any excursion during pregnancy

 

3.9. Notice

3.9.1 OTIUM strongly recommends that you consult the travel notices corresponding to your destination before finalizing your travel plans.

3.9.2 While we strive to keep you informed of any relevant changes to local laws, travel documentation requirements, and issued travel notices, we cannot guarantee the completeness or accuracy of the information provided. It is your responsibility to know and be prepared for all legal, documentary, health, and other requirements for your trip.

3.9.3 Living standards and conditions with respect to the provision of public services, health services and the classification of services vary considerably from one country to another. In other countries, the uninterrupted supply of water and electricity, local health conditions, safety levels and food and beverage standards can vary considerably.

3.9.4 In tropical climates, insects are commonly found inside and outside the premises. The illness or discomfort resulting from the services provided or omitted at the destination are beyond our reasonable control and therefore OTIUM accepts no responsibility for said illness or inconvenience.

3.9.5 It is the client's responsibility to adhere to the customs, rules and laws of the country he is visiting. If a customer behaves in a way that threatens OTIUM, the hotel, the service providers, its employees and / or customers, OTIUM, the hotel or the service provider have the right to refuse or cancel the service and in the case of a hotel, eject it from the hotel.

3.9.6 If it happens, the customer will be responsible for all costs resulting from such expulsion and no refund will be issued for any unused portion of the client's vacation.

 

4. EXCURSIONS AND TRANSFERS

IN ORDER TO GUARANTEE A SAFE AND RESPECTFUL ENVIRONMENT FOR EVERYONE, IN THE EVENT OF ANY INAPPROPRIATE BEHAVIOR THAT PUTS AT RISK OR CAUSES DAMAGE TO OUR PROPERTY OR THAT OF THIRD PARTIES, WE RESERVE THE RIGHT TO CEASE PROVIDING THE SERVICE WITHOUT PRIOR NOTICE. IN CASE OF INTERRUPTIONS IN TRANSPORTATION, WE WILL LOOK FOR ALTERNATIVES FOR YOUR ITINERARY, BUT WE ARE NOT RESPONSIBLE FOR ANY EXPENSES THIS MAY CAUSE. NO REFUND APPLIES IN SUCH CIRCUMSTANCES.

4.1. Transfers

It is the passenger's responsibility to verify that the luggage is placed and removed from the vehicle. Likewise, it is the passenger's responsibility to retrieve his/her belongings before leaving the vehicle. OTIUM INTERNATIONAL will not be responsible for any loss or damage to luggage or personal belongings left in the vehicle.

In case of traveling with pets, the client must book a private transfer service, without exception. This measure guarantees the safety and comfort of all passengers and collaborators. Failure to comply with this condition may result in the cancellation of the service without refund.

ARRIVALS

4.1.1 Upon arrival in the country, you must go to the OTIUM counter located at the exit inside the airport. There you must present your transfer voucher to our staff who will guide you to board the transportation.

4.1.2 Both our counters and our representatives are duly identified and uniformed with the corporate image and the name of OTIUM.

4.1.3 The waiting time for passengers shall be a maximum of 40 minutes after the first passengers traveling on the same flight are presented to OTIUM staff.

4.1.4 Passengers who do not arrive on the previously indicated flight, whether due to loss of connection, delays or other situations, without receiving prior written notice or telephone call to the Otium office informing about this situation, will be considered as No Show and Arrival service will be rescheduled subject to availability.

4.1.5 Passengers who do not show up and identify themselves in our counters or with our airport staff will be considered as No Show and will not have their arrival transfer.

4.1.6 In the event that passengers take a non-OTIUM transport route, OTIUM will not accept responsibility for any incident that occurred during these transfers nor will it reimburse for costs associated with them.

4.1.7 The luggage allowed for any of our transfer services is one suitcase and one handbag per person.

4.1.8 For cruise arrivals and departures it is recommended to take the transfer services in private, otherwise they must be adjusted to the changing times of zones, according to where the client is and from where the cruise arrives or departs.

DEPARTURES

4.1.9 The time and place to pick you up for your transfer out will be provided by our representative at your hotel 48 hours before the service. If within 48 hours of your departure transfer you have not received the time and place of pickup, please contact the OTIUM service center immediately.

4.1.10 For transfer out (departure), OTIUM transportation will be presented to pick you up at the agreed place and time and you will have up to 5 minutes of waiting time if your service is regular, or up to 20 min if your service is private. If you do not show up at that time, you will be considered a No Show and you must take a taxi on your own without any claim or refund. See conditions for No Show in the Cancellation Policies section.

INTERHOTEL

4.1.11 The schedules of inter-hotel transfers in regular service are informed 24 hours before it. If you need to make your transfer at a specific time you must request it in private service.

4.1.12 For inter-hotel transfers, OTIUM transportation will be presented to pick you up at the agreed place and time and you will have up to 5 minutes of waiting if your service is regular, or up to 20 min if your service is private. If you do not show up at that time, you will be considered a No Show and you must take a taxi on your own without any claim. See conditions for No Show in the Cancellation Policies section.

 

4.2. Excursions

4.2.1 Upon arrival at the hotel you must present the excursion voucher to our representative so that he can indicate the departure date for your excursion (if it is not defined), as well as the time and place of pickup. Our representative will give you the sealed Ticket that you must present on the day of your excursion in order to enjoy it.

4.2.2 If you do not show up on the day of the excursion at the pick-up point at the agreed time, it will be considered as No Show. See conditions for No Show in the Cancellation Policies section.

 

4.3. Cancellation policies and changes of transfers and excursions

4.3.1 All requests for modifications or cancellations must be made through the email address econtact@otiumtour.com, which will appear in the confirmation email or digital voucher of your reservation.  The request should include the reservation number as a reference.

TRANSFERS

a) Any cancellation of transfers must be notified in writing, with a minimum of 48 hours prior to the date of service.
b) Cancellations without penalty must be made 48 hours before the arrival of customers.
c) All modifications must be notified in writing at least 24 hours before the date of service, and will be handled in accordance with our operation.
d) Customers do not show, OTIUM INTERNATIONAL will charge one-way service.
e) Otium will not be responsible for the loss of transfers at arrival caused by reprogramming of flights by the airlines.

f) In the event that for reasons beyond our reach such as flight cancellations, weather situations, itinerary changes, etc., we are prevented from complying with the service in its entirety, we disclaim responsibility for changes that must be made in the category of the contracted service .

EXCURSIONS

a) Excursions that are cancelled less than 24 hours before departure will have a 100% charge.
b) Excursions booked as a combo will not receive a refund if they are canceled after the first excursion has taken place.
c) Each case will be treated separately and the complaint will be addressed at the destination.

4.3.2 Any change in your reservation is subject to availability.

4.3.3 Customers No Shows will have 100% penalty.

4.3.4 The applicable reimbursement for cancellation will be refunded to the same card used for the payment of your reservation within 10 to 15 business days from the cancellation request. Transaction charges may apply based on the selected payment method.

 

4.4. Children and infants

4.4.1 For the use of this website, passengers with ages between 0 and 23 months are defined as infants and passengers with ages between 2 and 11 years with 23 months are defined as children, in both cases taking as reference the initial date of the contracted service.

4.4.2 Infants who will travel on regular OTIUM transportation will do so without charge and without occupying seats (one infant per adult).

4.4.3 In the specific case that you require an infant chair, rate changes may apply for your reservation if the corresponding increase in the number of seats requires using a larger capacity vehicle.

4.4.4 The age of children and infants allowed on excursions varies according to the nature of the excursion. OTIUM recommends that you carefully review the descriptions of each product on this Website to determine what are the allowable ages and / or the corresponding rates for children and infants.

4.4.5 For transportation and excursion services, upon arrival, we may need proof of age for clients with a reservation at "price for children or infants". If the age of a child does not comply with the OTIUM policy, OTIUM may charge the child as an adult and demand immediate payment of the difference between the children's rate and the adult rate.

 

4.5. Black market

4.5.1 Occasionally it happens that personnel from companies outside of OTIUM, with the purpose of capturing you  as a client, can offer you the transfer to your hotel, or even tell you that they are OTIUM officials and probably charge you the value of the transfer. Please do not make any payment or agreement with non-OTIUM staff. Remember that our staff is duly identified with a corporate uniform and also has an identification card.

4.5.2 Regarding the black market for the sale of excursions (“pirates”), OTIUM and its associated companies are exempt from any responsibility for incidents, accidents and / or standards of inferior quality to which the passenger is subject when acquiring one or more several excursions through companies outside of OTIUM.

 

4.6. Release, exemption from compensation.

4.6.1 Any excursion or activity that you choose to perform at your holiday destination, as well as any of your transfers, may inherently contain a risk of personal injury, loss or damage to your personal belongings.

4.6.2 You hereby expressly accept the total risk of any and all injuries, losses or damages you may suffer during or as a result of your participation in such excursion or activity or during any of your transfers, regardless of the cause.

 

5. LEGALS

 

5.1. Limitation of liability of OTIUM

5.1.1 The information, content, software and products published on this Website may contain inaccuracies or errors, including errors in availability of reservations and prices. OTIUM does not guarantee the accuracy of the information and descriptions of the products shown on this website (which includes, without limitation, prices, availability, photographs, features, inclusions and exclusions, general product descriptions, opinions, ratings, etc.). Nor does it assume any responsibility for errors and inaccuracies in such information and descriptions of such products. In addition, OTIUM explicitly reserves the right to correct any availability and pricing errors on our website and / or on pending reservations made with an incorrect price.

5.1.2 OTIUM does not make any kind of statement about the suitability of the information, content, software or products found on this Website or any of its parts, for any purpose, and the inclusion or offer of any of the Products or services of this Website does not constitute any type of endorsement or recommendation of such products by OTIUM.

5.1.3 All information, content, software and Products are provided "as is", without warranties of any kind. OTIUM disclaims all warranties and conditions, as well as other terms of any kind, with respect to this Website, its servers or any email sent from

5.1.4 To the maximum extent permitted by applicable law, OTIUM hereby disclaims all warranties and conditions with respect to information, content, software, and Products, including all implied warranties and conditions, as regards marketability, adequacy for a particular purpose, ownership, peaceful possession and absence of infringement.

5.1.5 OTIUM also explicitly denies any guarantee and declaration, as well as other terms of any kind, regarding the accuracy or the private nature of the content of the Website.

5.1.6 Nothing in this contract shall exclude or limit the responsibility of OTIUM for:

a) Death or personal injury due to negligence.
b) Fraud.
c) Fraudulent statement.
d) Deliberate breach or gross negligence
e) Any other liability that cannot be excluded under applicable law.

5.1.7 The suppliers and private tour guides that support the Products provided on this Website are independent contractors and not agents or employees of OTIUM. OTIUM is not responsible for the acts, errors, omissions, declarations, guarantees, breaches, negligence or improper conduct of any such private providers or tour guides, nor for any type of personal injury, death, property damage, or other damages or expenses arising from it or arising in any other way from the reservation or use by you of a product or service.

5.1.8 OTIUM will not be liable or reimburse in the event of any type of delay, cancellation, excess reserves, strike, force majeure, or other causes beyond its direct control, nor will it be responsible for any additional expenses, omission, delays, change of itinerary or action of any government or authority.

5.1.9 In accordance with the above, you use this website at your own risk and OTIUM (or its executives, managers and affiliates) will not be liable in any case for any type of losses, damages or detriment whether direct, indirect, punitive, incidental, special, exemplary or consequential, nor for any loss of income, benefits, goodwill, data, contracts, or use of money, nor for the losses or damages arising from the following facts or related to them:

a) Business interruptions of any kind (which includes, without limitation, the loss of data or information and the costs of obtaining replacement goods or services)
b) Access, display or use of this website by you.
c) The delay or inability to access, view or use this website (which includes, among other aspects, your confidence in the comments and opinions that appear on this website, any computer virus, information, software, linked site , product, or service obtained through this Website, or in any other way derived from access, viewing or use of this website).
d) Any negligent act or omission by transport companies, bus operators, tour guides, car rental organizations, hotel / resort properties, or other suppliers or their staff or any company or person.
e) Government actions, weather, equipment failures, labor disputes, illness, theft, or any other cause beyond our control.
f) Any act, omission or fault of the client, including, among others, the fact that the client does not obtain the necessary documentation or that complies with the sanitary norms required for his trip, that the client does not arrive on time, etc.

5.1.10 The foregoing shall apply to losses, damages or detriment irrespective of their basis, whether negligence, contract, tort or strict or other liability, even if OTIUM has been notified of the possibility that they occur.

5.1.11 These terms and conditions, as well as the previous disclaimer, do not affect mandatory legal rights that cannot be excluded under applicable law.

5.1.12 If OTIUM proves to be liable for any loss, damage, loss or detriment arising from your use of our Website, or your reservations or use of the Products available through the Website, then the responsibility OTIUM shall in no case exceed the sum greater than one of the following: (a) the fees paid to OTIUM for the transaction (s) of this Website that have resulted in the claim; or (b) one hundred dollars (100.00 USD).

5.1.13 The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will remain in effect and will apply even if any of the limited resources specified in these conditions is deemed to be unsuccessful in its essential purpose. The limitations of liability that are contemplated in these conditions will benefit OTIUM.

 

5.2. Act of God / force majeure

5.2.1 OTIUM and / or its suppliers cannot assume any responsibility for any loss, damage or injury of any nature, in whole or in part, as a result of an Act of God or any other force majeure condition that includes without limitation : fire, volcanic eruption, environmental pollution, or any type of pollution, inclement weather, earthquake, flood, shortage or failure of water or electricity, tropical storms, or hurricanes, riots, civil commotions, or any other act of a similar nature, as well as sabotage, arrests, strikes or other work interruptions; restrictions of rulers or peoples, expropriations, terrorist acts, war, insurrection, quarantine restrictions, warnings or notices of government health of any kind or nature; government seizures, rejection or cancellation or suspension or delay of any government authority or license, permit or authorization, damage to its facilities, or the travel provider and its facilities, or any other unforeseen circumstances in any jurisdiction of the world or any other factor not provided by OTIUM that negatively affects or hinders its ability to fulfill any of its contractual conditions.

5.2.2 In the event that any of these conditions apply, OTIUM must be excused, terminated or released from its performance or obligation, and without any liability, to the extent that such performance or obligation is limited or impeded.

 

5.3. Compensation in favor of OTIUM

5.3.1 You agree to defend and indemnify OTIUM, as well as their respective executives, directors, employees and agents against any claims, causes of action, lawsuits, litigations, proceedings, investigations, losses, damages, detriments, fines, penalties, tariffs, expenses, costs and any other responsibilities of any kind, which includes, without limitation, reasonable legal and accounting rates, which derive from any of the following events or are related to any of them:

a) Breach by you of this Contract or of the documents referred to in it.
b) Failure by you to comply with any law, rule, regulation or guideline.
c) Violation, infringement or misappropriation by you of the rights of a third party, which includes, among others, advertising or privacy rights.
d) Your use of this Website.
e) The reservation or use by you of any of the Products obtained through this Website.
f) Negligence or intentional misconduct by you.

 

5.4. Available Software on this Website

5.4.1 Any software that is available for use or download on the Website (the “Software”) is a work subject to copyright by OTIUM. The use of such Software is governed by the terms of the end user license agreement, if any, which is attached or included with the Software (the "License Agreement").

5.4.2 You may not install or use any type of Software that attaches or includes a License Agreement, unless you first agree to the terms of the License Agreement. In the event that the Software available on this Website does not include a License Agreement, by this Agreement we grant you, the user, a limited, personal and non-transferable license to use the Software, in order to view and use in any other way this Website in accordance with this, but for no other purpose.

5.4.3 Please note that all Software (including, but not limited to, all Java code, Source Codes, HTML, XML, and the Active X controls that this Website contains) is the property of OTIUM, and is protected by the provisions of international treaties and copyright laws and other applicable regulations. Any reproduction or redistribution of the Software is explicitly prohibited and may lead to serious civil and criminal penalties. Violators will be prosecuted as severely as possible.

5.4.4 WITHOUT INJURY OF THE ABOVE SPECIFIED, THE COPYING OR REPRODUCTION OF THE SOFTWARE IS EXPRESSLY PROHIBITED IN ANY OTHER TYPE OF SERVER OR LOCATION FOR REPRODUCTION OR RE-REDISTRIBUTION. IF THERE IS ANY WARRANTY RELATING TO THE SOFTWARE, IT WILL ONLY BE IN ACCORDANCE WITH THE LICENSE AGREEMENT CONDITIONS.

 

5.5. Copyright and trademark notices

5.5.1 All content on this Website is subject to © 2015 OTIUM INTERNATIONAL. All rights reserved.

5.5.2 OTIUM assumes no responsibility for the content of websites managed by parties other than OTIUM. All other names of products or services or the slogans displayed on this Website are registered trademarks or under customary law of OTIUM and / or its suppliers or licensors and its copying, imitation or use is prohibited, in whole or in party, without the prior written permission of OTIUM or the corresponding trademark owner. In addition, the appearance and style of this Website, including headers, custom graphics, button icons and scripts of all pages make up the service mark, trademark and / or OTIUM's commercial image, so they cannot be copied, imitated or used, in whole or in part, without prior written permission from OTIUM. All other trademarks, registered trademarks, product names and company names or logos mentioned on this Website belong to their respective owners. References to any product, service, process or other information, made through the commercial name, the trademark, the manufacturer, the supplier or in any other way, do not constitute or imply its approval, sponsorship or recommendation by OTIUM.

5.5.3 Policy for notification and removal of illegal content

5.5.4 OTIUM works according to a procedure of “notification and withdrawal” of content. If you have any objection or complaint regarding the material or content published on this Website, or if you believe that the material or content published on this Website infringes any copyright you own, contact us immediately. Once the procedure has been initiated, OTIUM will take all relevant steps to remove the illegal content within a reasonable period of time.

 

5.6 Child Protection Policy against Sexual Exploitation

5.6.1 The tourism industry and its related activities have an impact on the lives of children and adolescents.

5.6.2 At OTIUM we take this responsibility very seriously, for this reason, the protection of children and their rights is one of our top priorities; this includes both the well-being of children staying and residing in the different holiday destinations where OTIUM has a national presence.

5.6.3 OTIUM adheres to the Code of Conduct for the protection of children and adolescents of ECPAT INTERNATIONAL that fights against child exploitation in the tourism industry, it is for this reason that it constantly trains its collaborators in the prevention and detection of cases suspects.

5.6.4 The following policy reflects the attitude of OTIUM for the protection of children or adolescents:

a) All persons under 18 are considered minors and must receive the corresponding treatment.
b) Any intimate relationship between employees and a minor is prohibited. If this rule is not followed, the employee is dismissed without delay and the police will be informed.
c) We do not allow minors to have access to our facilities and transportation units without the support of an adult / guardian.
d) In any case where the relationship between an adult and a minor is suspicious, the situation will need to be clarified. Our policy requires that we always be vigilant to ensure the protection of children.
e) All of our business associates are explicitly against the sexual exploitation of children in tourism and refuse to cooperate with companies or people who participate in it.
f) Each of the workers within our company has received sufficient training to ensure faithful compliance with this policy.
g) Each of the workers within our company represents and is therefore responsible for ensuring that the above guidelines are implemented.

 

5.7. Jurisdiction and current legislation

5.7.1 Your contract with OTIUM is governed and must be interpreted in accordance with the laws of the destination in which the OTIUM entity is located in your itinerary.

5.7.2 Hereby, you choose and accept the jurisdiction and the district of the courts of the destination in which the OTIUM entity that appears in your itinerary is located, and in that sense, you choose as a forum for the solution of any conflicts or litigation that may arise related to or derived from the use of this Web Site, the courts of the place where the OTIUM entity is located in its itinerary.

5.7.3 You agree that all claims that you may file against OTIUM arising from this Website or related to it will be submitted and resolved before the court of a jurisdiction competent in the matter and located at the destination where the OTIUM entity is located that it appears on your itinerary.

5.7.4 The use of this Website is not authorized in any jurisdiction where all the provisions of these terms and conditions do not take effect, which includes, without limitation, this paragraph. The foregoing shall not apply to the extent that the applicable legislation of your country of residence requires the application of another law and / or jurisdiction, as long as this provision cannot be excluded by contract.

 

5.8. General disposition

5.8.1 You agree that there is no joint venture, agency, partnership or employment relationship between you and OTIUM as a result of this Agreement or the use of this Website

5.8.2 Our compliance with this Agreement is subject to existing laws and legal processes, and no provision contained in this Agreement may limit our right to demand compliance with requests for legal imposition or other governmental or judicial requests, or requirements regarding your use of this Website or the information provided or collected by us with respect to such use. To the extent permitted by applicable law, you agree to bring any claim or jurisdictional action arising from your access to or use of or related to this Website within two (2) years from the date on which such claim or action was filed or accrued, in the absence of which said claim or jurisdictional action will be irrevocably dismissed.

5.8.3 If any of the parties to this agreement is considered invalid or without effect under applicable law, including, but not limited to, the exclusions of warranties and the limitations of liability described above, then the provision considered invalid or without effect shall be replaced by a valid and effective provision whose meaning is as close as possible to the original provision, and all remaining provisions of the Contract will continue in force.

5.8.4 This Agreement (as well as all the terms and conditions referred to in this document) constitutes the entire agreement between you and OTIUM with respect to this Website and replaces all previous or contemporary communications and proposals. , whether in electronic, oral, or written format, formalized between the client and OTIUM regarding this Website. In judicial or administrative proceedings based on or related to this Agreement, a printed version of this Agreement and any notification that exists electronically, to the same extent and under the same conditions as other commercial documents and records, will be admitted, generated, and preserved in printed format.

5.8.5 By making a reservation to purchase OTIUM product on this Website, you acknowledge that you have read, understood, and accepted the Terms and Conditions contained in this document and accept that you are solely responsible for such reservation.

5.8.6 All rights that are not explicitly granted in this document are reserved.

 

6. HELP SERVICE

 

6.1 The OTIUM Service Center is available 24/7 through the following numbers:

6.1.1 Dominican Republic: 809-552-1003

6.1.2 Mexico: 52-998-848-876