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Terms and Conditions
SECTION 1. SCOPEThese terms and conditions (the "Terms and Conditions") govern the access, use, participation and contracting of any of the Services (as such term is defined below) that any person performs (the "User"), directly or indirectly, through one or more digital platforms, mobile applications for smartphones and any other existing or future media, (the "Digital Platforms") and/or the website www.luminastays.com (the "Website" and together with the Digital Platforms, the "Platform"), which is operated and managed by the company called Mexstays Lumina, S.A.P.I. de C.V. (the "Company"), a corporation duly incorporated under the laws of the United Mexican States ("Mexico") and which has its headquarters in Bosques de Alisos No. 29, interior A, Bosques de las Lomas, Cuajimalpa de Morelos, Zip Code 05120, Mexico City, Mexico.By way of example but not limitation, access and/or use of the Platform, as well as the participation, contracting and/or receipt of any of the Platform Services by any User, requires that the latter adheres to these Terms and Conditions, accepting them without further limitation, expressly, unconditionally and irrevocably. The foregoing, in the understanding that it is considered, for all legal purposes, that with the access and/or use of the Platform, as well as with the participation, contracting and/or receipt of any of the Services, by any User, the latter acknowledges that it has read and understood these Terms and Conditions and agrees, without limitation or qualification, to be legally bound by them and to comply with them, including future modifications and any additional stipulations, as well as to abide by any applicable laws, rules, agreements or regulations in accordance with: (i) the provisions of the applicable law of Mexico; or (ii) the applicable law of any other jurisdiction to which it may be subject (together with the provisions of the immediately preceding subsection (i), the "Applicable Law").In this sense, by accessing and/or using the Platform, as well as by participating, contracting and/or receiving any of the Services, by any User, the latter agrees to be bound and legally bound by these Terms and Conditions, which establish a contractual relationship between the User and the Company in order to regulate the access and/or use of the Platform, as well as the participation, contracting and/or receiving any of the Services, by any User. These Terms and Conditions expressly supersede any proposal, agreement or arrangement, whether oral or written, and all corresponding communications between the User and the Company in connection with the access and/or use of the Platform, as well as the participation, contracting and/or receipt of any of the Services, by any User. Consequently, the User hereby acknowledges and agrees that, by the mere fact of accessing and/or using the Platform, as well as participating, contracting and/or receiving the Services, immediately and automatically adheres to each and every one of the provisions of these Terms and Conditions, granting full consent in such sense and without the need to take any additional action.The Company offers the User its Services through the Platform subject to the User's acceptance without modification of these Terms and Conditions. In this regard, the User hereby acknowledges and accepts, for all legal purposes, that the Company reserves the right to modify, limit, deny or unilaterally terminate these Terms and Conditions, access and/or use of the Platform, as well as the participation, contracting and/or receipt of any of the Services, at any time and for any reason, by simply publishing the corresponding changes on the Platform, and such modifications shall be automatically effective from the moment of their publication on the Platform.The foregoing, with the understanding that it is the User`s responsibility to periodically review these Terms and Conditions to ensure that it continues to consent to the content of these Terms and Conditions. The mere use of the Platform shall be presumed to be an acceptance and conformity to any modification and/or limitation of the Services and/or the Terms and Conditions. Any modifications and/or limitations to these Terms and Conditions supersede any and all terms and conditions applicable to these Terms and Conditions.Access to and/or use of the Platform, as well as participation in, contracting for and/or receipt of any of the services consisting of hosting services (the "Services") constitutes: (i) User's acceptance of any and all of the terms and conditions set forth in these Terms and Conditions; (ii) User's agreement to be bound by and comply with these Terms and Conditions; (iii) User's consent to the collection, use and disclosure of User's personal data in accordance with the terms and conditions set forth in the policies of which the Company has made available to User; and (iv) User's consent to the procedure stipulated by the Company: (a) for participation, contracting and receipt of the Services; and (b) for access to and/or use of the Platform; subject as set forth below in these Terms and Conditions.BY VIRTUE OF THE FOREGOING, THE USER IS ADVISED TO READ THESE TERMS AND CONDITIONS CAREFULLY AND ATTENTIVELY BEFORE ACCESSING, USING AND/OR REGISTERING ON THE PLATFORM BECAUSE THEY IMPOSE OBLIGATIONS AND GOVERN ITS CONTRACTUAL RELATIONSHIP WITH THE COMPANY. THE USER IS ALSO ADVISED TO PRINT THE AFOREMENTIONED DOCUMENTS AND STORE THEM TOGETHER WITH ALL: (I) CONFIRMATION EMAILS; (II) TRANSACTION DATA; (III) SPECIFIC RULES; AND (IV) PAYMENT METHODS OF INTEREST; FOR THE USE OF THE PLATFORM. THE FOREGOING, IN THE UNDERSTANDING THAT THE COMPANY WILL NOT PROVIDE THE AGREEMENT ENTERED INTO WITH THE USER, AND THE LATTER WILL BE OBLIGED TO PRINT AND STORE IT.If the User does not agree with the Terms and Conditions and/or does not agree to abide by all Applicable Laws, the User must refrain from accessing and/or making use of the Platform and/or participating and/or contracting any of the Services immediately.SECTION 2. USER CAPACITY AND RESPONSIBILITYAs a condition for accessing and/or using the Platform, as well as for participating, contracting and/or receiving any of the Services and/or opening an Electronic Account (as such term is defined below), the User hereby acknowledges and accepts, for all legal purposes, to be of legal age in accordance with the provisions of the Applicable Law, as well as to have the legal capacity to govern itself, bind itself and express its will, by itself.The Company reserves the right to cancel or deny access and/or use to the Platform, as well as the right to cancel or deny participation, contracting and/or receipt of any of the Services, to any User, for any reason and at any time, as well as to modify and/or limit the capacity requirements mentioned in the immediately preceding paragraph.In this regard, the User hereby expressly, unconditionally and irrevocably acknowledges and accepts that is its responsibility to ensure compliance with Applicable Law prior to accessing and/or using the Platform, as well as participating, contracting and/or receiving any of the Services and/or registering an Electronic Account on the Platform. The User is solely responsible for ensuring that these Terms and Conditions comply with Applicable Law and that the right to access and/or use the Platform, as well as to participate, contract and/or receive any of the Services is revoked when the same are prohibited in accordance with the applicable law of the jurisdiction that corresponds to it. In addition, the Services are offered solely and exclusively for the use, reception and, if applicable, benefit of the User and not for the use or benefit of any third party. The User will not be able to participate, contract or receive the Services in the event that the User violates any provision of these Terms and Conditions, as determined in the sole discretion of the Company.Derived from the foregoing, the User hereby expressly, unconditionally and irrevocably acknowledges and accepts that the Company shall not be liable for the User's failure to comply with the provisions of these Terms and Conditions and/or Applicable Law. Likewise, the User hereby acknowledges and accepts that there may be specific laws in its country, place of residence or the place where it participates, contracts and/or receives the Services, where they prohibit the participation, contracting and/or receipt of the same. In this regard, the User agrees not to access, use, participate and/or contract any of the Platform Services from a jurisdiction that prohibits the participation, contracting and/or receipt of the same.The Company reserves the right to close the Electronic Account of any User and/or to suspend access to the Platform, for any reason and at any time, for any User found to be in breach of the Terms and Conditions, including, without limitation, the requirements mentioned in the immediately preceding paragraph. Likewise, the Company reserves the right to block any territory where the Platform may be accessed and/or used, as well as to participate, contract and/or receive any of the Services, for any reason and at any time.The User is under no obligation to participate, contract and/or receive any of the Services and such participation, contracting and/or receipt is at the User's sole discretion and risk. The use of any software (whether obtained electronically or by any other means known or to exist) on the Platform shall be null and void if it is counterfeit, altered or manipulated in any way, whether illegal, mechanically or electronically reproduced, obtained outside authorized channels or if it contains printing, production, typographical, mechanical, electronic or any other errors.It is the sole responsibility of the User to ensure that: (i) it is fully aware of any and all Services; (ii) it is fully aware of the scope and features of any and all such Services; and (iii) the Services meet any and all of its needs in connection therewith; and that it is aware of and understands the Terms and Conditions, prior to accepting the same, as well as informing the Company of any changes to its registration data.The User may not Transfer (as such term is defined below) its rights set forth in these Terms and Conditions, without the prior written consent of the Company and at the discretion of the Company. For the purposes of these Terms and Conditions, the term "Transfer" means the sale, donation, exchange, assignment, alienation, assignment in trust, or any other form of disposal, directly or indirectly, of the rights and obligations of the User set forth in these Terms and Conditions.2.1. Having stated the foregoing, the User hereby represents and warrants to the Company, in its own right or through its legal representative, as applicable, that:
  1. In case of a natural person, is a natural person, of legal age in accordance with the provisions of the Applicable Law or with the applicable legislation of any other jurisdiction applicable to it, with full capacity to be bound by the terms and conditions set forth in these Terms and Conditions.
  2. In the case of a natural person, is acting on its own behalf.
  3. In case of a legal entity, it is a company duly incorporated and existing in accordance with the Applicable Laws, with full legal personality to adhere to these Terms and Conditions, and that has each and every one of the necessary authorizations to adhere to these Terms and Conditions and to comply with the obligations established in terms of these Terms and Conditions.
  4. In the case of a legal entity, its legal representative has sufficient and necessary powers and authorities to adhere to these Terms and Conditions and that such powers and authorities are in force and have not been modified, limited and/or revoked in any way.
  5. Its address, for all legal purposes arising from these Terms and Conditions, is that which the User entered at the time of registration on the Platform.
  6. Shall not use the Services and the Platform, to carry out criminal, unlawful, sanctioned and/or unauthorized activities in accordance with Applicable Law and/or the applicable legislation of any other jurisdiction to which it is entitled.
  7. Adherence to these Terms and Conditions shall not contravene, violate or result in a breach of any obligation imposed on it by any covenant, contract, agreement and/or legal act to which it is a party in terms of Applicable Laws.
  8. All of its operations, business activities and income are legitimate, lawful and it does not engage in or have ties to any delinquency or criminal activities; nor does it intend to use its Electronic Account in connection with such activities. Likewise, it complies with the provisions of the Federal Law for the Prevention and Identification of Transactions with Illicit Proceeds (Ley Federal para la Prevención e Identificación de Operaciones con Recursos de Procedencia Ilícita) and its Regulations.
  9. Does not use or intend to use or intend to allow any other person to use its Electronic Account for any unlawful or prohibited purpose, including, without limitation, any type of fraud or money laundering, in accordance with Applicable Law and/or the applicable law of any other jurisdiction to which it is subject.
  10. The debit/credit card data provided to the Company or, as the case may be, to the payment processors indicated and authorized by the Company through the Platform for such purposes, during the registration process are those of the Electronic Account holder and such card has not been reported as lost or stolen.
  11. Has not previously held an Electronic Account that was suspended and/or canceled by the Company.
  12. When opening its Electronic Account, it shall not provide any information or make any statement that is untrue, false, incorrect, incomplete or misleading.
  13. All data and information provided by the User are correct, accurate, current, complete and do not violate any Applicable Law.
  14. It has reviewed and agrees to the rules for the use of the Company's properties contained in https://www.luminastays.com/lumina-house-rules/.
  15. Adherence to these Terms and Conditions does not conflict with, contravene or result in a breach of: (i) Applicable Laws; (ii) any judicial or administrative judgment or order to which User is a party; and (iii) any contractual provision, term, condition, obligation or restriction to which User is a party.
  16. It is its will to be bound in terms of the provisions of these Terms and Conditions for the purpose of accessing and/or using the Platform, as well as for the purpose of participating, contracting and/or receiving any of the Services.
SECTION 3. INTELLECTUAL PROPERTY AND SOFTWARE LICENSEThe User shall be solely responsible for obtaining the necessary internet connection to access the Platform, as well as the cost and maintenance of such internet connection. The foregoing, with the understanding that access and/or use of the Platform, as well as participation, contracting and/or receipt of the Services may only be available on certain types of hardware and software including computers and cell phones with Android, iOS, MacOs, Windows operating systems, among others, therefore, the User understands and accepts that it is its sole responsibility to ensure that the types of hardware and software it uses, meet the technical requirements in terms of internet connection, in order to access and/or use the Platform, as well as to participate, contract and/or receive any of the Services. The deficiency or insufficiency of the above technical requirements may result in a failure of the Platform and/or a failure in the participation, contracting and provision of the Services by the Company, which shall not be considered a breach by the Company. Likewise, the User must check the technical requirements periodically, since the Company may modify or terminate such technical requirements, for any reason and at any time, and without any liability for the latter.The User hereby acknowledges and agrees, for all legal purposes whatsoever, that none of the provisions set forth in these Terms and Conditions shall be deemed to be a commitment by the Company to continue providing the Services in their current form or configuration. In such regard the Company, in its sole discretion, may make modifications to the Platform and/or the Services, regardless of whether such modifications require the User to make changes to any device or equipment on which the User accesses and/or uses the Platform and/or participates in, contracts for and/or receives the Services. In this regard, the User acknowledges and agrees to assume all risks of not making simultaneous modifications to its devices and equipment, and acknowledges and agrees that the Company shall not be liable if such modifications affect its access and/or use of the Platform and/or the Services in any way.The User hereby expressly, unconditionally and irrevocably acknowledges and agrees that the Company shall not be liable for any failure to access and/or use the Platform and/or the participation, contracting, provision and/or receipt of the Services when such failure arises and/or originates, without limitation, from: (i) failures in the operation of the computer equipment or mobile device of the User or third parties, or its maintenance; (ii) periodic maintenance or repair procedures that the Company performs on the Platform and/or the Services; (iii) damage caused to the computer equipment or mobile device of the User or third parties due to power failures; (iv) improper use of the Platform and/or the Services by the User or third parties; (v) lack of access to the Platform due to failures or connection or connectivity problems in the Internet service and/or mobile data download service employed by the User; (vi) failures and/or interruptions of the Platform and/or the Services caused by acts of God or force majeure, telecommunications failures and/or third party services; (vii) the installation or presence of malicious software residing on the User's or third party's equipment; and/or (viii) reasons beyond the Company's control or for reasons that are not predictable by the Company.he Company, its employees, advisors, any of their respective affiliates and/or subsidiaries, as well as any of their respective shareholders, partners, managers, directors, officers, employees, agents, attorneys-in-fact and/or representatives do not warrant: (i) that the operation of the Platform will be free of errors or interruptions; (ii) that any defects in the Platform will be corrected; (iii) that the Platform or the servers are free of viruses and malfunctions; and/or (iv) the privacy, security, authenticity and non-corruption of any information transmitted through or stored on any system connected to the internet.The Company, its employees, advisors, any of their respective affiliates and/or subsidiaries, as well as any of their respective shareholders, partners, managers, directors, officers, employees, agents, attorneys-in-fact and/or representatives and related parties, shall not be liable to the User or any third party for any costs, expenses, losses or claims arising or resulting from communications or system errors in connection with the establishment of any of the Electronic Accounts or other features or components of the Platform. In the event of such errors, the Company shall have the right, but not the obligation, to withdraw and/or suspend any of the Platform Services for the purpose of taking any action to correct such errors.The Platform may include confidential information, which is considered secret and valuable to the Company. In this regard, the User is not entitled to use or disclose such confidential information, but only and exclusively if expressly authorized in terms of these Terms and Conditions.3.1. Software ownership. The Company is the sole and lawful owner of any and all intellectual property rights derived from the Platform, as well as the processes, procedures, methods and models, which by their selection, content and collection constitute an intellectual creation owned by the Company (to the extent that such information is not identical in whole or partly to that information provided by the Suppliers thereof), necessary for the participation, contracting, provision and receipt of the Services, and any other intellectual property rights attributed to the Company in these Terms and Conditions. In this sense, the use of the Platform by the User through the Services does not constitute a sale, transfer, assignment, authorization and/or license to use the Platform in favor of the User other than those expressly set forth in these Terms and Conditions.The User hereby acknowledges and agrees that: (i) it will not alter, decompile or disassemble the Platform in any way; and (ii) the provisions of these Terms and Conditions do not grant any additional rights to the User beyond those expressly set forth herein.Subject to compliance with any and all provisions set forth in these Terms and Conditions, the Company grants to the User a limited, revocable, non-sublicensable, non-exclusive, non-transferable license to: (i) access and/or use, as the case may be, the Platform on the User's personal device solely for the purpose of participating, contracting, providing and/or receiving, as the case may be, the Services; and (ii) access and use of any content, information and related materials that may be made available through the Services, in each case solely for the User's personal, non-commercial use. The Company reserves any rights not expressly granted in these Terms and Conditions.The foregoing, in the understanding that the provisions of the immediately preceding paragraph do not confer to the User any type of moral or economic right existing or that could exist prior to its adherence, regarding to any copyright or industrial property right related to the respective license, whose holder and/or owner is the Company, related to these Terms and Conditions.3.2. Industrial property rights. In addition to the provisions of Section 3.1. above, the User acknowledges and agrees that the Company has proprietary rights in certain trademarks, patents, industrial designs, trade names and information originating in the markets regulated or operated by the Company and in the compilation of information obtained from other sources (collectively as set forth in Section 3.1. above, the "Intellectual Property") that is used in turn in the provision of the Services, on the Platform. In this regard, the User agrees not to use such Intellectual Property in a manner that may infringe the Company's rights, and not to alter, remove or conceal any copyright or other intellectual property notices.3.4. Restrictions. Users are not allowed to:
  1. Install or load the Platform on a server or other network device or take other steps to facilitate access to and/or use of the Platform by any other person through any form of "bulletin board, online service, remote call enforcement services or service providers, Internet service provider services, time-sharing arrangements, outsourcing services or office services.
  2. Sub-license, assign, rent, lease, loan, transfer or copy the Platform or its license to use the Platform, or make or distribute copies of the Platform.
  3. Translate, reverse engineer, decompile, disassemble, adapt, modify, create derivative works of, or modify the Platform.
  4. Copy or translate any user documentation provided online or in electronic format.
  5. Introduce, access, attempt to access, modify or otherwise circumvent the applicable security system or interfere in any way (including, without limitation, robots and similar devices) with the Platform, including, without limitation, any feature or component thereof.
SECTION 4. SUBSCRIPTION AND USER ACCOUNTSubject to the provisions of Section 2. of these Terms and Conditions, in order to register on the Platform for the provision of the Services, the User must register on the Platform by providing certain personal data for the creation of an electronic account (the "Electronic Account"), which will be linked to its subscription to the Services and the Platform. It is a condition for the participation, contracting, provision and receipt of the Services that each and every one of the data provided by the User in connection with the creation of its Electronic Account is correct, accurate, current, complete and does not violate any Applicable Law.In the event that the Company, in its sole discretion, considers that the information provided by the User is not correct, current or complete, or that the User has otherwise violated these Terms and Conditions or any Applicable Law, the Company shall be entitled to suspend or terminate the User's Electronic Account, prevent the User's access to the Platform and/or the Services, without any liability for the Company.The User shall not, at any time: (i) use the Electronic Account, user name, e-mail address or password of another person; or (ii) use a user name as a name subject to the rights of another person, without proper authorization in terms of Applicable Law; and (iii) use, as a user name, a name that is in any way offensive, vulgar or obscene. The foregoing, in the understanding that the User is solely responsible for the activity that occurs in its Electronic Account, as well as for keeping it updated.The Company reserves the right to deny registration or cancel the Electronic Account of any User, at its sole discretion under the terms set forth above. The User undertakes to notify the Company immediately in the event that it suspects any unauthorized use or access by a third party to its Electronic Account, so that the Company may proceed to cancel it.The User may make any modification to the information corresponding to its Electronic Account directly through the Platform or by prior request by e-mail to reservations@luminastays.com, specifying the data to be modified. The staff in charge of User services will contact the User to confirm the request and make the requested modifications.The User's subscription to the Services shall remain in force and shall grant the User the right to access its Electronic Account on a continuous basis, unless: (i) the User fails to comply with any of the provisions set forth in these Terms and Conditions; (ii) the User expressly states to the Company that it does not agree with the amendment, if any, of these Terms and Conditions; (iii) the User cancels its Electronic Account; and/or (iv) the User does not log in to its Electronic Account within a period of 24 (twenty-four) consecutive months.Only one Electronic Account per User is allowed. The Company reserves the right to close duplicate Electronic Accounts or, at its sole discretion, Electronic Accounts that are related to each other and/or related to the same User.At the time the User decides to register on the Platform, the Company may provide the information the User has provided to any supplier to confirm the User's identity and card details provided. The supplier(s) concerned shall check any details made known to it by the Company against the databases (public or private) to which it has access and shall keep a record of such verification. The User agrees that the Company is entitled to process, use, record and disclose the personal information that the User provides in connection with its registration, and that such personal data may be recorded by the Company, the credit institution and/or the authority concerned. For its protection, telephone calls to the User may be recorded and monitored, provided that the User has given its express consent.The Company will not authorize registration on the Platform to any User unless it believes, acting reasonably, that it meets the requirements set forth in Section 2. above of these Terms and Conditions. The Company has the right to verify any information provided by the User when the latter attempts to register in order to ensure that it complies with the aforementioned requirements. The foregoing, in the understanding that the Company may request the User to provide a simple copy of its official identification for purposes of verifying the foregoing.By registering an Electronic Account on the Platform, the User will be able to use the same. The User must choose a user name and password that will be used to access its Electronic Account. The password and access credentials must be secure. The User may not use the Electronic Account of another User or the registration information of another User for purposes of participating, contracting and/or receiving the Services, for any reason whatsoever.The User must immediately notify the Company of any change in its ability to use the Services (including any change or revocation of any license from the relevant authorities), as well as the breach of security or unauthorized use of its Electronic Account. The User will have the possibility to delete its Electronic Account, either directly on the Platform, or through a request made to the Company.SECTIONS 5. BOOKINGSSubject to the provisions of Section 2. of these Terms and Conditions, the User may make the booking of the property of its preference through the Platform. At the time of making the booking, the User shall verify that the property it intends to book is available and, if so, shall receive a confirmation of the booking (the "Booking") and shall proceed to make the payment of the Consideration (as such term is defined below), which shall be indicated by the Company at the time of making the Booking through the Platform. The foregoing, in the understanding that, by means of the acceptance of the Booking by the User and the payment of the corresponding Consideration, an agreement for the provision of lodging services is entered into between the User and the Company. Notwithstanding the foregoing, the User does not and shall not acquire any right to the allocation of the properties involved.The Company, at all times, reserves the right to determine the amount to be charged as payment for the Services (the "Consideration") as it, in its sole discretion, deems appropriate. The foregoing, in the understanding that the User may, prior to making the payment of the Consideration, review and accept those rates that will be charged. The foregoing, in the understanding that the Consideration, solely and exclusively, will be refunded in the event that the User cancels the Services through the Platform at least 72 (seventy-two) hours prior to the date on which such User will receive the Service according to the Booking made through the Platform, taking into consideration that the commissions of the payment processors that the Company deems appropriate may be deducted from such Consideration, so that the amount of the refund may be less than the payment of the Consideration.For the purposes of clarity, in the event that the User does not cancel the Services in accordance with the provisions of the immediately preceding paragraph, the Company shall be entitled, without the need to notify the User, to charge the full amount of the Consideration to the debit/credit card that the User provided to the Company through the Platform or, in the event that the Company is unable to collect the Consideration through the debit/credit card that the User provided to the Company, the Company shall be entitled to demand the payment of the Consideration from the User, in the understanding that the User shall make such payment within 5 (five) business days after receiving, through the different means of communication indicated in Section 29. of these Terms and Conditions, the payment request from the Company. In the event that the User objects, for any reason and/or motive, to charges to its financial institution or credit or debit card company and the Company's investigation determines that the charges were valid, it may, after notifying the User in writing, through the various means of communication set forth in Section 29. of these Terms and Conditions, within a reasonable time, charge from its Electronic Account the reasonable required cost of the response to its surcharge request.At the moment of making the Booking and proceeding to make the payment of the corresponding Consideration, the User will be informed of the currency in which the Consideration will be charged. The Company reserves the right to determine, at its sole discretion, the currency in which the User shall make the payment of the corresponding Consideration, which shall be based on the applicable payment method and other factors that the Company deems appropriate to be taken into consideration.The User agrees that the Consideration shall always be paid in advance (prior to the provision of the Service to the User in accordance with the Booking), being excepted, at all times, any compensation or other method of payment other than that established by the Company through the Platform.The User accepts that all offers made by the Company in relation to any property through the Platform are subject to change and are not binding.The Company reserves the right to offer memberships with special promotions with different conditions and limitations that may be subject to terms different from those set forth in these Terms and Conditions, at any time and for any reason. Any terms in addition to those set forth in these Terms and Conditions shall be disclosed at the time of registration of the User in question or in other communications provided by the Company to such User prior to registration. Prior to subscription, the User is solely responsible for reviewing any additional terms set forth in such special promotions.The access and use of the Platform, as well as the participation, contracting and receipt of the Services by the User through his Electronic Account shall be subject to the User's compliance with the payment in full of the Consideration. The foregoing, in the understanding that in the event that the User does not comply with the payment of the totality of the Consideration, it will not be entitled to use the property booked through the Platform.For clarity purposes, in the event that the User fails to make the payment of the Consideration, either due to the expiration of the term of the User's credit/debit card provided, insufficient funds on the User's credit/debit card and/or for any other applicable reason in terms of the provisions of this Section 5. of these Terms and Conditions: (i) the Company may cancel the booking immediately and shall not be obliged to allow the use and access of the User to the Platform or to provide the Services in favor of the User, without incurring any liability in this regard; and (ii) the User, in this act, authorizes the Company to retain its luggage in accordance with applicable law, until such time as the User does not make the payment of the corresponding Consideration.By providing a payment method in connection with the payment of the Consideration, the User authorizes the Company to charge the full cost of such Consideration and accepts responsibility for any foreign transaction fees in connection therewith.Except as set forth in these Terms and Conditions, the Company will not refund any charges duly made, including any charges or payments in advance, for any subscription term for the Services, except as otherwise required pursuant to Applicable Law.In the event that the User objects, for any reason and/or motive, to charges from its financial institution or credit/debit card company and the Company's investigation determines that the charges were valid, it may, after notifying the User in writing, through the various means of communication set forth in Section 29. of these Terms and Conditions, within a reasonable time, charge from its Electronic Account the reasonable required cost of the response to its surcharge request.SECTION 6. BOOKING CANCELLATIONThe User accepts that for a Booking to be considered as confirmed and guaranteed, the User must, at all times, make payment of the corresponding Consideration. In this regard, a duly confirmed and guaranteed Booking may be canceled by the User at no cost, when such cancellation is made within 72 (seventy-two) hours before the Services are rendered in favor of the User. In the event that the User wishes to cancel the Booking after the aforementioned term, the User accepts that the Company may demand the payment of the corresponding Consideration even if the User does not receive the Services.In the event that the User does not cancel the Booking in the terms indicated above and does not receive the Services due to the User not showing up at the property that is the object of the Booking, the Company may demand the payment of the corresponding Consideration even if the User does not receive the Services. Likewise, in the event that the User does not show up at the property subject of the Booking within 8 (eight) hours following the stipulated time for the User to enter the property in order to receive the Services, the Booking shall be automatically canceled without any liability for the Company and allowing the latter to offer such property as a property available for use through the Platform.The Company will make its best efforts to be as accurate as possible in the description of each and every one of the properties that are available through the Platform, as well as the Services that the Company could provide for the User, with the understanding that the Company will not publish the exact location of the properties that are available through the Platform prior to the Booking. The final description of the properties that are available through the Platform, as well as the Services that the Company could provide in favor of the User, will be the one included in the corresponding Booking, so the User will be responsible for verifying that the property object of the Booking and/or the Services comply with the description indicated in the Booking at the time of delivery.Notwithstanding the foregoing, the Company does not warrant that the description of any of the properties that are available through the Platform and/or the Services that the Company may provide to the User is accurate, complete, reliable, current and/or error-free.In this regard, the Company and the User agree that the photographs and any other audiovisual material, if any, are published on the Platform, shared with the User or disclosed by any means, are for indicative purposes only and are not a faithful representation of the properties that are available through the Platform, such properties may be different (both in kind, size, quality, color and any other feature) to those referred to, indicated or included in the photographs or any other audiovisual material referred to above. If any of the properties that are available through the Platform and/or any of the Services that the Company may provide in favor of the User do not comply with the description indicated through the Platform at the time of delivery or provision to the User, the User agrees and convenes, for all legal purposes, that the User may: (i) request reimbursement for the Services within 5 (five) business days after the User notifies the Company of the refusal to receive the property subject of the Booking; or (ii) request the Company to provide the Services in a property similar to the property subject of the Booking or, if applicable, with similar characteristics.SECTION 7. INVOICINGThe amounts corresponding to the Services referred to in these Terms and Conditions shall be paid by the User in favor of the Company by automatic charge to credit card, debit card or bank services, or exceptionally by any other form of payment previously agreed between the User and the Company.In addition, such amounts shall be increased by any taxes in accordance with applicable laws, including the corresponding Value Added Tax.In the event that the User requires a tax receipt, it must have the corresponding Federal Taxpayers Registry ("RFC", for its acronym in Spanish) and other applicable tax information, and request it once the payment of the Consideration is made. The request for a tax receipt must be made by sending the request by e-mail to facturacion@luminastays.com, no later than the 25th (twenty-fifth) day of the month immediately following the month in which the corresponding charge was made, indicating in such request the corresponding data for the purpose of saving the tax information.The User acknowledges and accepts that it will be its responsibility to request the issuance of the respective tax receipt.SECTION 8. USE OF THE PROPERTYThe User accepts that, subject to the complete and continuous compliance with each and every one of the stipulations contained in these Terms and Conditions, the Company will only provide the Services in favor of the User without understanding, at any time, that the use and enjoyment of the property subject of the Booking is granted to the User. In this regard, the User acknowledges and agrees that the Company will have possession of each and every one of the properties that are offered through the Platform.The property that the User chooses through the Platform by making, for such purposes, the Booking and payment of the corresponding Consideration, has the utilities installation of water, electricity, gas, telephone service lines, wireless internet, and electricity, as well as any other similar service, with the understanding that such property will be available to the User from 3:00 p.m. on the day of arrival until 11:00 a.m. on the day of departure. The foregoing, with the understanding that in the event that the User or any third parties who are receiving the Services within the property chosen through the Platform, as well as any property thereof remains in the property chosen through the Platform after the time established above, the Company: (i) may make a charge for an additional night's lodging (and charge it to any form of payment of the User, for which the User irrevocably authorizes it to make such charge); and (ii) shall not be obliged to allow the use and access of the User to the Platform or to provide the Services in favor of the User, without incurring any liability in such regard. The foregoing, in the understanding that, subject to the availability of the property in question and upon written request, at least 24 (twenty-four) hours in advance from the User to the Company, a departure later than the one previously indicated may be agreed upon. Likewise, subject to the availability of the property in question and upon written request at least 24 (twenty-four) hours in advance from the User to the Company, an earlier arrival than the one previously indicated may be arranged at an additional cost to the Booking.For purposes of clarity, any requests made by the User in terms of the above are subject, at all times, to availability and confirmation by the Company, so that the mere submission of such request does not imply any acceptance by the Company.SECTION 9. RESTRICTIONS AND PROHIBITIONSAs a condition for accessing and using the Platform, as well as for participating, contracting and receiving the Services, the User agrees not to use the Services for any purpose that is prohibited by these Terms and Conditions and/or by Applicable Law. The User is solely and exclusively responsible for all its activity in connection with the Services. Violation of these Terms and Conditions may result in termination and cancellation of the User's Electronic Account, cancellation of the lodging Service and/or fines. The User hereby acknowledges and agrees, for all legal purposes whatsoever, that the Company is entitled to terminate any Electronic Account and Service at any time and for any reason (including, without limitation, the Company's independent evaluation or the receipt of claims or allegations from third parties or authorities).By way of example but not limitation, the User hereby undertakes not to (and shall not allow any third party to):
  1. Use the property subject to the Booking for any illegal purpose or in violation of Applicable Laws. The foregoing, in the understanding that the Company shall have the right to charge the User, through the payment method previously provided by the latter and without the need for any notification, as a penalty, the amount equivalent to USD$2,000.00 (Two Thousand Dollars Legal Currency of the United States of America) plus the corresponding Value Added Tax, per event, in addition to: (i) the obligation to repair and indemnify the Company for the damage caused; (ii) any other applicable sanction, both of the condominium to which the property subject of the Booking belongs, and of these Terms and Conditions; and (iii) deny the User access to the property subject of the Booking.
For clarity purposes, the Company shall be entitled, at any time, to request the corresponding payment from the User for the damage caused, and the User shall be obliged to make such payment within 5 (five) business days after receiving, through the different means of communication indicated in Section 29. of these Terms and Conditions, the payment request from the Company.
  1. Impersonate any individual other than the one who makes the Reservation and is fully identified by the Company, nor may it falsify, in any way, the official documentation by virtue of which it is identified. The foregoing, in the understanding that the Company shall have the right to charge the User, through the payment method previously provided by the latter and without the need for any notification, as a penalty, the amount equivalent to USD$1,000.00 (One Thousand Dollars Legal Currency of the United States of America) plus the corresponding Value Added Tax, per event, in addition to: (i) the obligation to repair and indemnify the Company for the damage caused; (ii) any other applicable sanction, both of the condominium to which the property subject of the Booking belongs, and of these Terms and Conditions; and (iii) deny the User access to the property subject of the Booking.
For clarity purposes, the Company shall be entitled, at any time, to request the corresponding payment from the User for the damage caused, and the User shall be obliged to make such payment within 5 (five) business days after receiving, through the different means of communication indicated in Section 29. of these Terms and Conditions, the payment request from the Company.
  1. Use the property that is the subject of the Booking for any commercial or other purpose that is not expressly permitted by the Company in accordance with these Terms and Conditions. The foregoing, in the understanding that the Company shall have the right to charge the User, through the payment method previously provided by the latter and without the need for any notification, as a penalty, the amount equivalent to USD$1,000.00 (One Thousand Dollars Legal Currency of the United States of America) plus the corresponding Value Added Tax, per event, in addition to: (i) the obligation to repair and indemnify the Company for the damage caused; (ii) any other applicable sanction, both of the condominium to which the property subject of the Booking belongs, and of these Terms and Conditions; and (iii) deny the User access to the property subject of the Booking.
For clarity purposes, the Company shall be entitled, at any time, to request the corresponding payment from the User for the damage caused, and the User shall be obliged to make such payment within 5 (five) business days after receiving, through the different means of communication indicated in Section 29. of these Terms and Conditions, the payment request from the Company.
  1. ntering the property subject to the Booking any harmful or noxious substance, including without limitation, drugs, flammable substances, and chemical substances, as well as dangerous articles, firearms and any other weapons considered by the Applicable Law as prohibited or dangerous. The foregoing, in the understanding that the Company shall have the right to charge the User, through the payment method previously provided by the latter and without the need for any notification, as a penalty, the amount of USD$500.00 (Five Hundred Dollars Legal Currency of the United States of America) plus the corresponding Value Added Tax, per event, in addition to: (i) any other applicable sanction, both of the condominium to which the property subject of the Booking belongs, and of these Terms and Conditions; and (ii) deny the User access to the property subject of the Booking.
For clarity purposes, the Company shall be entitled, at any time, to request the corresponding payment from the User for the damage caused, and the User shall be obliged to make such payment within 5 (five) business days after receiving, through the different means of communication indicated in Section 29. of these Terms and Conditions, the payment request from the Company.
  1. Smoking, any type of tobacco, vaporizers, cigars, within the property subject to the Booking, including, without limitation, on any balconies, terraces or other installations of said property. The foregoing, in the understanding that the Company shall have the right to charge the User, through the payment method previously provided by the latter and without the need for any notification, as a penalty, the amount equivalent of USD$250.00 (Two Hundred and Fifty Dollars Legal Currency of the United States of America) plus the corresponding Value Added Tax, per event, in addition to: (i) any other applicable sanction, both of the condominium to which the property subject of the Booking belongs, and of these Terms and Conditions; and (ii) deny the User access to the property subject of the Booking.
For clarity purposes, the Company shall be entitled, at any time, to request the corresponding payment from the User for the damage caused, and the User shall be obliged to make such payment within 5 (five) business days after receiving, through the different means of communication indicated in Section 29. of these Terms and Conditions, the payment request from the Company.
  1. ubject to the provisions set forth below, any type of animal and/or pet, including animals for therapeutic purposes, that is not expressly permitted by the Company in accordance with the Booking, may enter the property subject to the Booking. The foregoing with the understanding that in the event that the User wishes to bring any type of animal and/or pet, including animals for therapeutic purposes, into the property subject to the Booking, the latter must: (i) have prior written authorization from the Company; (ii) pay an additional fee of USD$100.00 (One Hundred Dollars Legal Currency of the United States of America) plus the corresponding Value Added Tax, at least 24 hours prior to the User's arrival at the property subject of the Booking; and (iii) accept and comply with the terms and conditions applicable to the Company's Pet Policy that the Company will provide to the User, as well as deny the User access to the property subject of the Booking.
  2. Entering the property that is subject of the Booking a greater number of natural persons than those established and permitted in said Booking. The foregoing, in the understanding that the Company shall have the right to charge the User, through the payment method previously provided by the latter and without the need for any notification, as a penalty, the amount equivalent to USD$100.00 (One Hundred Dollars Legal Currency of the United States of America) plus the corresponding Value Added Tax, per additional person allowed in the Booking, in addition to: (i) any other applicable sanction, both of the condominium to which the property subject of the Booking belongs, and of these Terms and Conditions; and (ii) deny the User access to the property subject of the Booking.
For clarity purposes, the Company shall be entitled, at any time, to request the corresponding payment from the User for the damage caused, and the User shall be obliged to make such payment within 5 (five) business days after receiving, through the different means of communication indicated in Section 29. of these Terms and Conditions, the payment request from the Company.
  1. Decrypt, decompile, disassemble or reverse engineer any of the software used by the Company through its Platform. The foregoing, in the understanding that the Company shall have the right to charge the User, through the payment method previously provided by the latter and without the need for any notification, as a penalty, the amount equivalent to USD$1,000.00 (One Thousand Dollars Legal Currency of the United States of America) plus the corresponding Value Added Tax, per event, in addition to: (i) the obligation to repair and indemnify the Company for the damage caused; (ii) any other applicable sanction, both of the condominium to which the property subject of the Booking belongs, and of these Terms and Conditions; and (iii) deny the User access to the property subject of the Booking.
For clarity purposes, the Company shall be entitled, at any time, to request the corresponding payment from the User for the damage caused, and the User shall be obliged to make such payment within 5 (five) business days after receiving, through the different means of communication indicated in Section 29. of these Terms and Conditions, the payment request from the Company.
  1. se, display, promote, publish or represent by any means, whether physical or electronic, the name or any of the trademarks, logos or other proprietary information of the Company, without its prior written consent. The foregoing, in the understanding that the Company shall have the right to charge the User, through the payment method previously provided by the latter and without the need for any notification, as a penalty, the amount equivalent to USD$1,000.00 (One Thousand Dollars Legal Currency of the United States of America) plus the corresponding Value Added Tax, per event, in addition to: (i) the obligation to repair and indemnify the Company for the damage caused; (ii) any other applicable sanction, both of the condominium to which the property subject of the Booking belongs, and of these Terms and Conditions; and (iii) deny the User access to the property subject of the Booking.
For clarity purposes, the Company shall be entitled, at any time, to request the corresponding payment from the User for the damage caused, and the User shall be obliged to make such payment within 5 (five) business days after receiving, through the different means of communication indicated in Section 29. of these Terms and Conditions, the payment request from the Company.
  1. Lease, sublease or otherwise dispose of the property subject of the Booking. The foregoing, in the understanding that the Company shall have the right to charge the User, through the payment method previously provided by the latter and without the need for any notification, as a penalty, the amount equivalent to USD$1,000.00 (One Thousand Dollars Legal Currency of the United States of America) plus the corresponding Value Added Tax, per event, in addition to: (i) the obligation to repair and indemnify the Company for the damage caused; (ii) any other applicable sanction, both of the condominium to which the property subject of the Booking belongs, and of these Terms and Conditions; and (iii) deny the User access to the property subject of the Booking.
For clarity purposes, the Company shall be entitled, at any time, to request the corresponding payment from the User for the damage caused, and the User shall be obliged to make such payment within 5 (five) business days after receiving, through the different means of communication indicated in Section 29. of these Terms and Conditions, the payment request from the Company.
  1. Copying, storing or accessing any accessible information of the Company through misuse of the Platform for purposes not expressly permitted by the Company in accordance with these Terms and Conditions. The foregoing, in the understanding that the Company shall have the right to charge the User, through the payment method previously provided by the latter and without the need for any notification, as a penalty, the amount equivalent to USD$1,000.00 (One Thousand Dollars Legal Currency of the United States of America) plus the corresponding Value Added Tax, per event, in addition to: (i) the obligation to repair and indemnify the Company for the damage caused; (ii) any other applicable sanction, both of the condominium to which the property subject of the Booking belongs, and of these Terms and Conditions; and (iii) deny the User access to the property subject of the Booking.
For clarity purposes, the Company shall be entitled, at any time, to request the corresponding payment from the User for the damage caused, and the User shall be obliged to make such payment within 5 (five) business days after receiving, through the different means of communication indicated in Section 29. of these Terms and Conditions, the payment request from the Company.
  1. Use any software, devices, robots or other manual or automated means or processes through which you may access and/or damage any Platform, or to collect information or interact, without the consent of the Company, through such Platform. The foregoing, in the understanding that the Company shall have the right to charge the User, through the payment method previously provided by the latter and without the need for any notification, as a penalty, the amount equivalent to USD$1,000.00 (One Thousand Dollars Legal Currency of the United States of America) plus the corresponding Value Added Tax, per event, in addition to: (i) the obligation to repair and indemnify the Company for the damage caused; (ii) any other applicable sanction, both of the condominium to which the property subject of the Booking belongs, and of these Terms and Conditions; and (iii) deny the User access to the property subject of the Booking.
For clarity purposes, the Company shall be entitled, at any time, to request the corresponding payment from the User for the damage caused, and the User shall be obliged to make such payment within 5 (five) business days after receiving, through the different means of communication indicated in Section 29. of these Terms and Conditions, the payment request from the Company.
  1. Use the Platform to transfer, distribute, post or send any information relating to any other person or organization without that person's or organization's permission, including photographs, personal contact information or credit, debit, phone card or other account numbers. The foregoing, in the understanding that the Company shall have the right to charge the User, through the payment method previously provided by the latter and without the need for any notification, as a penalty, the amount equivalent to USD$1,000.00 (One Thousand Dollars Legal Currency of the United States of America) plus the corresponding Value Added Tax, per event, in addition to: (i) the obligation to repair and indemnify the Company for the damage caused; (ii) any other applicable sanction, both of the condominium to which the property subject of the Booking belongs, and of these Terms and Conditions; and (iii) deny the User access to the property subject of the Booking.
For clarity purposes, the Company shall be entitled, at any time, to request the corresponding payment from the User for the damage caused, and the User shall be obliged to make such payment within 5 (five) business days after receiving, through the different means of communication indicated in Section 29. of these Terms and Conditions, the payment request from the Company.
  1. Engage in any conduct that: (i) gives rise to civil liability; (ii) is fraudulent, false, or misleading; (iii) is defamatory, obscene, pornographic, vulgar, or offensive; (iv) promotes or constitutes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group or threatens or otherwise embarrasses any individual or group; (v) is violent or threatening or promotes violence or actions that threaten any other person or organization; (vi) promotes illegal or harmful activities or substances; and/or (vii) is restricted or prohibited in terms of Applicable Law, being the Company entitled to cancel the Booking, as well as to deny the User access to the property purpose of the Booking.
  2. Carry out any activity or create any condition in or on the property subject to the Booking that may create nuisance, invasion of privacy or security of any neighbors, co-owners, residents, neighbors, personnel or third parties that are on the property subject to the Booking or within the condominium to which the same belongs, including the holding of parties, events, collective groupings, among others. The foregoing, in the understanding that the Company shall have the right to charge the User, through the payment method previously provided by the latter and without the need for any notification, as a penalty, the amount equivalent to USD$1,000.00 (One Thousand Dollars Legal Currency of the United States of America) plus the corresponding Value Added Tax, per event, in addition to: (i) the obligation to repair and indemnify the Company for the damage caused; (ii) any other applicable sanction, both of the condominium to which the property subject of the Booking belongs, and of these Terms and Conditions; and (iii) deny the User access to the property subject of the Booking.
For clarity purposes, the Company shall be entitled, at any time, to request the corresponding payment from the User for the damage caused, and the User shall be obliged to make such payment within 5 (five) business days after receiving, through the different means of communication indicated in Section 29. of these Terms and Conditions, the payment request from the Company.
  1. Exceeding the maximum permitted sound level limit of 50 (fifty) decibels (dB) in the property subject to the Booking. The foregoing, in the understanding that the Company shall have the right to charge the User, through the payment method previously provided by the latter and without the need for any notification, as a penalty, the amount equivalent to USD$100.00 (One Hundred Dollars Legal Currency of the United States of America) plus the corresponding Value Added Tax, per event, in addition to: (i) the obligation to repair and indemnify the Company for the damage caused; (ii) any other applicable sanction, both of the condominium to which the property subject of the Booking belongs, and of these Terms and Conditions; and (iii) deny the User access to the property subject of the Booking.
For clarity purposes, the Company shall be entitled, at any time, to request the corresponding payment from the User for the damage caused, and the User shall be obliged to make such payment within 5 (five) business days after receiving, through the different means of communication indicated in Section 29. of these Terms and Conditions, the payment request from the Company.
  1. Placing any type of objects, signs, unattended personal items outside the property subject of the Booking.
  2. Create any unhealthy conditions, such as the generation of excessive waste, such as the emission of unhealthy odors , both within the property subject to the Booking, as well as within the condominium to which it belongs.
  3. Altering, in any way, the fire system, any type of alarms, smoke detectors, extinguishers and signage of the apartment or building. The foregoing, in the understanding that the Company shall have the right to charge the User, through the payment method previously provided by the latter and without the need for any notification, as a penalty, the amount equivalent to USD$1,000.00 (One Thousand Dollars Legal Currency of the United States of America) plus the corresponding Value Added Tax, plus, if applicable, the cost of the repair of such equipment.
  4. Leave the windows and doors of the property subject to the Booking open. The foregoing, with the understanding that the User shall be responsible for any theft or loss suffered inside the property subject to the Booking.
  5. Wandering or loitering in the common areas and amenities of the condominium to which the property subject to the Booking belongs during unpermitted hours.
  6. To remove, damage, relocate, or change the furniture, whiteware, technology, art and accessories of the property subject to the Booking. The foregoing, in the understanding that the Company shall have the right to charge the User, through the payment method previously provided by the latter and without the need for any notification, as a penalty, the amount equivalent to USD$300.00 (Three Hundred Dollars Legal Currency of the United States of America) plus the corresponding Value Added Tax, in addition to the replacement cost at commercial value as new, of any of the missing or damaged furniture, whiteware, technology, art and/or accessories.
  7. Attempts to perform any of the above acts or, as the case may be, assists, advocates, encourages, permits or assists a third party to do any of the above acts.
The User hereby acknowledges and agrees, for all legal purposes whatsoever, that will not, at no time: (i) take any action that imposes or may impose a burden on the Company; (ii) interfere or attempt to interfere with the proper functioning of the Services; (iii) circumvent, avoid or attempt to circumvent or bypass any measures the Company may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) use any software, devices or other manual or automated processes to "crawl" any page of the Platform without the express written permission of the Company; (v) harvest or damage any content on the Platform; or (vi) otherwise take any action that violates the Company's guidelines and policies.
The Company reserves the right to access, read, preserve and disclose any information it deems reasonably necessary to: (i) comply with any Applicable Law, as well as any legal process or proceeding or governmental request; (ii) enforce these Terms and Conditions, including, without limitation, investigation of potential violations of any provision forming a part hereof; (iii) detect, prevent or otherwise address fraud, security or technical problems; (iv) respond to User requests for assistance; or (v) protect the rights, property or safety of the Company, Users and the public in general.The User may only use the Services for lawful purposes, whereby the User agrees not to post, upload, submit, transmit or distribute: (i) any material that violates Applicable Laws; (ii) any material that restricts or prevents any other User from using and/or accessing the Platform, as well as participating, contracting and/or receiving the Services; (iii) any material that is unlawful, threatening, abusive, harassing, defamatory, obscene, offensive, harmful, unpleasant, pornographic, profane or indecent, or encouraging conduct that would constitute a criminal offense or give rise to civil liability; (iv) any material that contains viruses or any other item or component that has the capability or potential to disrupt, enable unauthorized use of or limit the functionality of any software or hardware, any telecommunications equipment or any communications network; (v) any material that violates or infringes any third party's rights, rights of privacy or publicity, in accordance with Applicable Law; or (vi) any material that contains any other harmful or unlawful component.Similarly, the User agrees not to: (i) alter, damage or delete any material appearing on the Platform; (ii) disrupt the normal flow of communication on the Platform; (iii) claim a relationship with or speak for any business, organization, or person for which you are not authorized to claim such a relationship; or (iv) violate any operating rules, policies or guidelines of your Internet access provider or online service.The Company reserves the right (but has no obligation) to prohibit or restrict conduct on the Platform and to edit, block or remove any content, in whole or partly, that violates its code of conduct, or is deemed inappropriate. If the User believes that material has been posted that violates any of these prohibitions, or should otherwise be removed, the User should contact the Company.In the event that the User carries out any of the aforementioned acts, the User shall be obliged to indemnify and hold harmless the Company, as well as its employees, advisors, any of their respective affiliates and/or subsidiaries, and/or related parties, as well as any of their respective shareholders, partners, managers, directors, officers, employees, agents, attorneys-in-fact and/or representatives of, and against, any and all legal actions, complaints, claims, lawsuits, proceedings, judgments, grievances, fines and/or liabilities of any kind and/or nature, as well as to cover any damages, expenses and/or disbursements of any nature, including reasonable attorneys' fees, arising out of its breach, including any violation of Applicable Law.SECTION 10. PROPERTY DAMAGEThe User or any of the natural persons who, in terms of the Booking, may receive the Services in the property subject of said Booking, carry out any acts by virtue of which they cause damage or affectation to the property subject of the Booking or to the furniture, equipment, accommodations and/or decorations found within the same, the Company shall be entitled, without the need to notify the User, to charge an amount equivalent to the damage or affectation to the debit/credit card that the User provided to the Company through the Platform. The foregoing, in the understanding that the Company shall be entitled, at any time, to request the corresponding payment to the User for the damage caused, and the User shall be obliged to make such payment within 5 (five) business days after receiving, through the different means of communication indicated in Section 29. of these Terms and Conditions, the request for payment from the Company.The foregoing, in the understanding that in the event that the Company is unable to collect the payment as indicated in the immediately preceding paragraph, the Company will notify the User of such situation, and the User will be obliged to make the corresponding payment within 5 (five) business days following receipt of such notification.In such sense, in the event that the User does not make the payment within the aforementioned term, the Company may carry out any actions aimed at preventing the use of the Platforms to such User in the future, as well as cancel the User's Electronic Account, regardless of any civil, criminal, administrative and/or other legal actions that the Company may have against the User in terms of the Applicable Law.SECTION 11. ON-SITE INSPECTIONThe Company reserves the right at all times to enter and permit other persons to enter the property subject to the Booking at any time in the following circumstances or for the following purposes, subject to Applicable Law: (i) in response to a written or oral request, with the User's consent, or as necessary to provide the Service; (ii) to investigate, address or prevent any actual or reasonably suspected or foreseeable past, present or imminent illegal activity or damage to the property subject to the Booking; (iii) to prevent or mitigate bodily harm to the User or third parties; (iv) upon breach or suspected breach of any provision contained in these Terms and Conditions; (v) for any purpose (including for repair and maintenance and to examine or display the same); (vi) to respond to any request made by any competent authorities in terms of Applicable Law; (vii) when the Company deems it reasonably necessary to protect the personal safety, rights or property of the Company, the User or any third party; and/or (viii) at any time as may be necessary or advisable in the sole discretion of the Company.SECTION 12. ELECTRONIC ACCOUNT SUSPENSION AND CLOSUREThe Company may suspend the User's Electronic Account when it believes, in its sole discretion, that such Electronic Account may be used for fraudulent purposes, such as money laundering or in a manner that jeopardizes the integrity of the Company and the Services it provides. Until the Company's appropriate investigations have been completed and until the Company is satisfied that the cause of its concerns no longer exists, it may continue to suspend the User's Electronic Account or elect to terminate the User's Electronic Account.In addition, the Company has the right to suspend or cancel any Electronic Account in the event that it believes, in its sole discretion, that the User is a minor in accordance with Applicable Law or the applicable law of the jurisdiction applicable to it (or citizen of a jurisdiction) which establishes that the access and/or use of the Platform and/or the participation, contracting and/or receipt of the Services is an unlawful act under Applicable Law or the applicable law of any other jurisdiction applicable to it. In such event, the Company reserves the right to provide such User data and transaction history to any competent authority for the purpose of assisting with any investigation in this regard.Notwithstanding anything to the contrary, the Company reserves the right to cancel the Electronic Account of any User at any time and for any reason, including, without limitation, in the event that the User is engaged in any of the activities set forth in Section 9. of these Terms and Conditions. The Company will endeavor, to the extent possible, to give notice to the User, through the various means of communication set forth in Section 29. of these Terms and Conditions, a reasonable time prior to terminating its Electronic Account, unless circumstances make it legally or practically impossible to do so.Users have the right to cancel their Electronic Account at any time and for any reason, provided that their Electronic Account does not report any debit in favor of the Company.SECTION 13. COMPLAINTSAny complaint by any User regarding any aspect of the Company's conduct in connection with the Services shall be submitted by the User within 5 (five) calendar days following the event giving rise to the User's complaint. In the event that the User's complaint is submitted after the aforementioned deadline, the Company shall not be obliged to attend to the complaint in question.In connection with any complaints by Users, the Company reserves the right to record all telephone and e-mail communications with the User and any other person. In the event of a dispute as to the content of such communications, reference shall be made to such records and to the Company's transaction database which, in the absence of any evidence to the contrary, shall be decisive.Notwithstanding the foregoing, Users' complaints will be treated as confidential, while the Company seeks a solution to the same. The User hereby acknowledges and agrees, for all legal purposes whatsoever, that it will not disclose the existence, nature or details of any complaint to any third party (including, without limitation, the discussion of such complaint in any chat room or forum offered by the Company or any third party). In case the User discloses the information of the complaint discussion, it will be considered a violation of these Terms and Conditions and the Company will not be obliged to further pursue a solution to the complaint. In that regard, the Company shall have the right to suspend (and potentially cancel) the User's Electronic Account.The Company takes User complaints seriously. If the User has any reason to complain about any matter that has occurred as a result of its relationship with the Company, the User should notify the Company via email: reservations@luminastays.com. The Company will deal with complaints from Users as soon as reasonably possible and, if necessary, request appropriate evidence for the purpose of verifying the resolution of the complaint in question.SECTION 14. EXCLUSION OF LIABILITY
  1. The Company has no special relationship or fiduciary duty to the User. In this regard, the User hereby acknowledges and agrees, for all legal purposes whatsoever, that the Company has no obligation to take any action with respect to: (i) which Users obtain access to the Services; (ii) the Services as such; and (iii) how Users may interpret or use the Services.
  2. The User releases the Company from all liability for having purchased or not purchased the Services. The Company does not and will not make any representation regarding any content accessed through the Platform and, consequently, in the provision of the Services.
  3. The views and opinions of hosts, if any, participating in the Services are not their own and are not necessarily representative of the views and opinions of the Company or its employees, and the Company assumes no responsibility for the content, accuracy or views or opinions expressed by such hosts.
  4. THE SERVICES AND THE CONTENT THEREOF ARE PROVIDED TO USERS "AS IS," "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY OTHER WARRANTIES IMPLIED IN ANY COURSE OF PERFORMANCE OR USE OF THE SERVICES, WHICH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED BY ANY USER. THE COMPANY, ITS OFFICERS, EMPLOYEES, AGENTS, SHAREHOLDERS, MANAGERS AND SUPPLIERS DO NOT WARRANT: (I) THAT THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THAT ANY CONTENT OR SOFTWARE AVAILABLE ON OR THROUGH THE PLATFORM WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND/OR (IV) THAT THE RESULTS OF USING THE PLATFORM WILL MEET YOUR REQUIREMENTS. THE FOREGOING, IN THE UNDERSTANDING THAT THE ACCESS AND USE OF THE PLATFORM AND, CONSEQUENTLY, THE RECEPTION OF THE SERVICES BY THE USER IS SOLELY AND EXCLUSIVELY AT THE RISK OF THE LATTER.
SECTION 15. AUTHORIZED USE OF THE PLATFORMThe User is authorized to access and use the Platform solely and exclusively in accordance with the provisions set forth in these Terms and Conditions. Any use of the Platform by the User other than as set forth in these Terms and Conditions, including, but not limited to, retransmission or reprocessing, in whole or partly, is prohibited and the User hereby agrees not to transmit, disclose, reproduce or publish part or all of the content of the Platform to any other person, whether natural or legal. SECTION 16. USER INFORMATION AND PERSONAL DATAAll information provided by the User in accordance with these Terms and Conditions will be treated in accordance with the Company's privacy policy, which will be made available to the User through the Platform.Notwithstanding the foregoing, the User hereby agrees to abide at all times by these Terms and Conditions, as well as any other privacy policies that the Company will make available to the User through the Platform, with the understanding that the User hereby acknowledges and accepts that it is fully aware of the content and legal scope of such privacy policies, and therefore automatically adheres to each and every one of the terms and conditions contained therein. In this regard, the User undertakes, among other things, to: (i) ensure that each and every one of the personal data that the User enters to the Platform are relevant and correct, i.e., that they are accurate and kept complete and updated; and (ii) answer for the veracity of each and every one of the personal data the User enters to the Platform.SECTION 17. TAXESNotwithstanding anything to the contrary, all payments of taxes and/or duties arising from these Terms and Conditions shall be paid for the account and at the expense of the party required to pay them, as applicable to them in terms of the Applicable Laws. In this regard, the User acknowledges and accepts, for all legal purposes, that the Company may make any withholding to the User in terms of the Applicable Laws.SECTION 18. VALIDITYThe validity of these Terms and Conditions shall commence on the date of acceptance of these Terms and Conditions by the User by clicking on the "Accept" button at the end of these Terms and Conditions and shall remain in effect for the same term of provision of the Services selected by the User. Upon termination of the Services, the term of these Terms and Conditions shall terminate.SECTION 19. LEGAL COMPLIANCEThe User hereby represents and warrants to the Company that it is not and shall not be engaged in any illegal transaction or business and shall not use or permit anyone to use the Platform and/or the Services, for: (i) any purpose or in any manner not authorized by these Terms and Conditions; or (ii) for any illegal purpose or in any manner that does not comply with the applicable rules, these Terms and Conditions or any other Applicable Law.SECTION 20. ABSENCE OF WARRANTIESThe Company will provide the Services to the User as soon as practicable, but neither the Company nor its respective direct subsidaries, agents and licensors, warrant or guarantee the timeliness, sequence, accuracy or completeness of the Platform and/or the Services. Neither the Company nor its affiliates, agents or licensors shall be liable to the User or any third party for any loss or injury caused by the User or the processing, compilation or interpretation of the content of the Platform. In no event shall the Company and its respective affiliates, agents or licensors be liable for any decision made or action taken by the User based on the Services.SECTION 21. LIABILITY LIMITATION he User hereby acknowledges and accepts, for all legal purposes, that the Company and/or the personnel appointed by the Company to provide the Services, will perform them in a technical and professional manner.Notwithstanding the foregoing, neither the Company, nor its employees, advisors, any of their respective affiliates and/or subsidiaries, and/or related parties, as well as any of their respective shareholders, partners, managers, directors, officers, employees, agents, attorneys-in-fact and/or representatives shall be liable to the User or any other person, regardless of cause or duration, for any error, inaccuracy, omission or other defect, unavailability or unauthenticity of the Service and the content of the Platform, or for any delay or interruption in the transmission thereof to the User, nor for any damages or injury arising therefrom.The Company shall not be liable for the loss, whether total or partial, of the User's property or that of any third party making use of the property subject of the Booking, including but not limited to theft, loss, natural disasters, earthquakes, fires, floods, orders of competent authorities and any other. The foregoing, on the understanding that the User hereby releases the Company from all liability in connection with the foregoing and agrees to hold the Company harmless from all claims in connection therewith.The User hereby acknowledges and agrees, for all legal purposes whatsoever, that it shall not take legal action against the Company, releasing the Company, as well as its affiliates and/or subsidiaries, including their respective shareholders, partners, directors, attorneys-in-fact, officers, employees, advisors and/or subcontractors, as the case may be, from any liability. The foregoing, in the understanding that only and exclusively in the event that the damage caused is the result of willful misconduct, negligence or bad faith on the part of the personnel assigned by the Company for the purposes of providing the Services, it must be proven in a reliable manner by the User, in terms of the Applicable Law.SECTION 22. USER OBLIGATIONSRegardless of any other obligation of the User in terms of the provisions of these Terms and Conditions, the latter is obliged to the Company, including but not limited to:
  1. Pay the totality of the Consideration that corresponds to it, in accordance with these Terms and Conditions.
  2. Not to assign, transfer, alter, modify, redistribute, exploit, commercialize or otherwise use, by any existing or future means, including, without limitation, any electronic, mechanical or manual means of communication, the Services provided by the Company through the Platform.
  3. Provide the Company with all the information that the Company considers necessary for the provision of the Services, in the understanding that, if the information provided is false, incomplete or incorrect, the Company shall be entitled to suspend indefinitely the Services in favor of the User in question, without incurring in breach of any of its obligations set forth in these Terms and Conditions.
  4. Comply with any internal condominium regulations, where the property subject to the Booking is located, as well as the regulations for the use of common areas.
  5. Personally respond, for all legal purposes, about the veracity of the information provided at the moment of contracting and/or receiving any of the Services.
  6. To be liable for any and all legal consequences arising from any act or omission as set forth in these Terms and Conditions, thereby releasing the Company and any of its affiliated, subsidiary and/or related companies, as well as their respective shareholders, partners, directors, officers, employees and/or attorneys-in-fact from any liability of any nature whatsoever that may arise, including without limitation, fines, penalties, indemnities, court costs, reasonable attorneys' fees and costs.
The obligation of the User established in this Section 22.5. shall subsist upon termination of the provision of the Services and the User shall remain obligated for such purposes until each and every one of the prescription periods that correspond in terms of the Applicable Law have elapsed.
  1. Comply with each and every one of the obligations established in these Terms and Conditions
For purposes of clarity, the User hereby expressly, unconditionally and irrevocably acknowledges and accepts that in the event that the User does not comply with the obligations it assumes in terms of these Terms and Conditions, the Company shall not be obliged to provide the Services in the terms established above and such situation shall not imply any breach by the Company of the obligations it assumes in terms of these Terms and Conditions.
SECTION 23. INDEMNITYindemnify and hold harmless the Company and each of its respective officers, directors, partners, employees, agents, affiliates and/or subsidiaries (the "Indemnified Parties"), from any and all liability, as well as from any and all damages against the Indemnified Parties that may arise from the User's failure to comply with any of the provisions set forth in these Terms and Conditions. Likewise, the User agrees to indemnify and hold harmless the Company, as well as its employees, advisors, any of their respective affiliates and/or subsidiaries, as well as any of their respective shareholders, partners, managers, directors, officers, employees, agents, attorneys in fact and/or representatives, from and against any and all legal actions, complaints, claims, complaints, lawsuits, proceedings, trials, grievances, fines and/or liabilities of any kind and/or nature, as well as to cover any damages and/or losses, expenses and/or disbursements of any nature whatsoever, including attorneys' fees, which are generated or may be generated by reason of any cause not directly attributable to the Company including, without limitation, misrepresentation by the User, the breach by the User to the obligations assumed in terms of these Terms and Conditions and the breach by the User to the provisions of the Applicable Law, which may arise as a result of access, use and/or contracting of the Services through the Platform, by the User or by any other person using its Electronic Account.SECTION 24. LABOR AND SOCIAL SECURITY LIABILITYThe contracting and/or provision of any of the Services does not create or constitute an employment relationship, association, partnership, joint venture, or similar agreement between the User and the Company, and User and the Company are and shall at all times be completely independent contractors.In this sense, the User and the Company hereby acknowledge and accept, each in its capacity as independent contractors, that for the contracting and/or provision of any of the Services by the User, the Company and the User shall use their own resources (sufficient and necessary), whether human, material, financial and economic, as well as for the fulfillment of their obligations under this instrument. Furthermore, in the execution and implementation of these Terms and Conditions, as well as in the performance of the obligations of the User and the Company, as applicable, these parties acknowledge and agree that none of the provisions set forth in these Terms and Conditions shall be deemed or shall be construed as creating any partnership, association, joint venture, agency or any other legal institution or business relationship between them.For clarity purposes, the User and the Company agree that when the User relies on any auxiliary personnel for the purposes set forth in these Terms and Conditions, such personnel will depend exclusively on the User, without establishing any labor relationship with the Company, being in charge of the User each and every one of the civil, labor, tax, criminal and any other type of liability that may arise from the relationship arising from the use of the services of the personnel supporting the User, in the understanding that they will not be considered at any time employees or workers of the Company.By virtue of the foregoing, the User and the Company hereby acknowledge and accept, for all legal purposes whatsoever, that the Company does not have and will not have, at any time and under any circumstances, any labor relationship with such personnel, therefore, the User hereby agrees to indemnify and hold the Company harmless from any claim that such personnel may bring against the Company and to reimburse the Company for any amount it may disburse as a result of such claim, including, without limitation, any fees, costs and expenses of any lawsuit.However, the User and the Company hereby acknowledge and accept, for all legal purposes, that the Company may hire all those third parties that are necessary or convenient, at the sole discretion of the latter, for the proper provision of the Services, in the event that the Company does not provide the Services contracted by the User directly through the Platform.In this regard, it is expressly agreed that the Company may subcontract to any third parties for the provision of services that are not part of its corporate purpose and/or constitute its main activity, subject to their compliance with all provisions and/or special guidelines established by the competent authorities for such purposes, but with the understanding that the Company shall be held responsible for such third parties to comply, in the performance of their activities, with the applicable provisions of these Terms and Conditions, with the applicable laws and with the obligations that each such third party assumes vis-à-vis the Company. The foregoing, in the understanding that in the event of any subcontracting, the Company shall be liable to the User for compliance with the obligations it acquires with respect to the User in terms of these Terms and Conditions SECTION 25. USER'S INSOLVENCYIf the User is subject to bankruptcy or insolvency proceedings and such proceedings become known to the Company, then the Company shall have the immediate right, at its sole discretion, to terminate its relationship with the User, the provision of the Services, as well as the User's access to the Platform.SECTION 26. AMENDMENTSThe User hereby acknowledges and agrees that these Terms and Conditions may be modified or supplemented unilaterally by the Company at any time and for any reason. Said amendments will be informed to the User through a notice on the Platform and, if deemed convenient, said notice will be sent through the different means of communication indicated in Section 29. of these Terms and Conditions for such purposes. The amendment shall be deemed to be automatically accepted if the User continues to use the Platform and/or the Services.In this sense, the contracting of the Services through the Platform constitutes the User's consent to be bound and obligated in accordance with these Terms and Conditions and, if applicable, in accordance with their respective amendments. The foregoing, in the understanding that the amendments to these Terms and Conditions shall be effective after they are published by the Company on the Platform in the terms indicated above. Continued access or use of the Services after such posting constitutes consent by the User to be bound by the Terms and Conditions as amended from time to time.SECTION 27. WAIVER; GOOD FAITHhe failure of the Company or the User to exercise any right provided for in these Terms and Conditions shall in no event have the effect of a waiver of any of the same, nor shall the single or partial exercise by either of them of any right under these Terms and Conditions preclude the simultaneous or subsequent exercise of any other right, power or privilege of such parties. The Company and the User shall act in good faith in the performance of their respective obligations in terms of these Terms and Conditions and shall act as soon as reasonably practicable in the circumstances in granting or withholding any consent or approval that may be required in terms of these Terms and Conditions.SECTION 28. ENTIRE AGREEMENTThese Terms and Conditions constitute the complete and exclusive agreement entered into by the Company and the User with respect to the subject matter hereof, and supersede all prior negotiations, communications, understandings and agreements, oral or written with respect thereto.The User may not Transfer these Terms and Conditions, in whole or partly, without the prior written consent of the Company. In turn, the User hereby authorizes the Company, for all legal purposes, to transfer these Terms and Conditions, in whole or partly, to any third party, without the need for any additional act.The User and the Company agree that the titles of the Sections of these Terms and Conditions are for reference only and shall not affect the interpretation or content of these Terms and Conditions.SECTION 29. NOTICESAll notices, approvals, proposals and other communications required or permitted under these Terms and Conditions addressed to the Company shall be sent to the following e-mail address: legal@luminastays.com Notifications to be made to the User for any reason related to these Terms and Conditions and/or the provision of the Services, will be sent via: (i) the email address provided by the User during the subscription process to its Electronic Account; or (ii) the Platform.SECTION 30. SEVERABILITYThe User acknowledges that in the event that any of the terms and conditions, as well as any article, subsection or other subdivision of these Terms and Conditions that give form and content to these Terms and Conditions is declared illegal, invalid, void or unenforceable by a competent authority, it shall be deleted from these Terms and Conditions, provided that all other terms and conditions shall remain in full force and effect for the User and the Company, provided that the substantive purpose of these Terms and Conditions shall not be affected.SECTION 31. ACTS OF GOD OR FORCE MAJEUREThe User agrees to fully comply with the obligations it undertakes, in terms of these Terms and Conditions, even in the event of an act of God or force majeure and accepts its liability, in accordance with the provisions of the Applicable Law.For all legal purposes, the User and the Company accept and acknowledge that "Acts of God" and/or "Force Majeure" shall be understood as those natural phenomena or acts of persons, beyond the User's or the Company's control and which occur without fault or negligence of the User or the Company, which are insurmountable, unforeseeable, or which, if foreseen, cannot be avoided, and which prevent the User or the Company from complying with any of its obligations under these Terms and Conditions, provided that the party alleging the foregoing has not caused or contributed to the applicable Act of God or Force Majeure.In this regard, both the User and the Company acknowledge and accept in this act, regardless of any other provisions established in this regard in these Terms and Conditions, that the following events shall be considered as an Act of God or Force Majeure, by way of example but not limited to:
  1. Fires, storms, hurricanes, tornadoes, earthquakes, floods or other natural disasters.
  2. Wars, terrorism, civil disturbances, street riots, insurrections, acts of organized crime and trade embargoes against the United Mexican States or any other country that prevent the fulfillment of the obligations of any of the parties in terms of these Terms and Conditions.
  3. Demonstrations or social disturbances that prevent: (i) access to the property purpose of the Booking; and/or (ii) operation and/or maintenance of the property purpose of the Booking;
  4. Acts of governmental authorities or entities, administrative units or departments, in accordance with Applicable Law.
  5. Any health contingencies, including but not limited to, any public health problem, caused by epidemics, pandemics, communicable diseases or accidents, which if they occur may become, given the severity and magnitude of the problem for public health, a health emergency situation, decreed as such by the competent governmental authorities in terms of the Applicable Law.
SECTION 32. SUBMISSION TO JURISDICTIONFor the construction, compliance and execution of these terms and conditions, the parties expressly submit to the jurisdiction of the competent courts of Mexico City, waiving any other jurisdiction that may correspond to them due to their present or future domicile.SECTION 33. DISPUTE RESOLUTIONThe User freely and voluntarily agrees that all disagreements, controversies, divergences or litigious matters arising from these Terms and Conditions, before resorting to arbitration, judicial proceedings or any of the alternative means of dispute resolution set forth below, shall file a complaint with the Company.Once the complaint referred to in the preceding paragraph has been filed and the User's claim has not been satisfied as soon as reasonably possible after the filing of such complaint, the User undertakes to submit such disputes, divergences or litigious matters arising out of these Terms and Conditions or related thereto, in the first instance, to the procedure in accordance with the Rules of Mediation of the International Chamber of Commerce.Failing resolution of disputes under these Rules within 45 (forty-five) business days of the filing of the request for Mediation, such disputes shall be finally settled in accordance with the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with these Rules of Arbitration.In turn, the Company may at any time initiate the dispute resolution procedure that best suits its interests, in order to demand the fulfillment of any obligation of the User, as well as to demand the payment of damages and/or losses caused, as well as any compensation that may be generated in favor of the Company.SECTION 34. REPRESENTATIONSThe User represents that it has read, knows, agrees and accepts to comply with the terms and conditions contained in these Terms and Conditions.Date of last update: November 29, 2022****
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