Terms & Conditions - Nobu Hotel Los Cabos

TERMS AND CONDITIONS FOR THE USE OF THIS WEBSITE ACCEPTED BY THE USER

LEGAL NOTICE “LOSCABOS.NOBUHOTELS.COM”. COPYRIGHT. IMPORTANT: READ BEFORE USING

This is a binding legal agreement. NOBU HOTEL LOS CABOS / Corporación Inmobiliaria KTRC, S.A. de C.V., reserves the right to change it at any time without notice and such changes will become effective immediately; hence we recommend that you read it periodically. By using, viewing, transmitting, storing, receiving and/or otherwise utilizing this web site and/or its contents in any way, you have agreed to each and all of the Terms and Conditions listed below and any other policy or terms provided in this WEB SITE. If you do not agree to this Agreement of Terms and Conditions, click here to leave this WEBSITE, do not use this WEBSITE. Please print and retain a copy of this agreement. All the technical expressions used in these Terms and Conditions that are not expressly defined herein shall be construed in line with their use on the Internet, on the World Wide Web, and in the telecommunications industry.

GENERAL

The headings and subheadings contained in these Terms and Conditions are exclusively for the user’s convenience and have no legal or contractual effect. Accessing the LOSCABOS.NOBUHOTELS.COM website and/or the contents thereof might be illegal for certain persons or in certain countries. Users accessing the LOSCABOS.NOBUHOTELS.COM web site do so at their own risk and are responsible for complying with the laws of the jurisdiction where they are located. NOBU HOTEL LOS CABOS / Corporación Inmobiliaria KTRC, S.A. de C.V., failure to exercise its rights, or its delay in doing so, shall not be construed as a waiver by NOBU HOTEL LOS CABOS / Corporación Inmobiliaria KTRC, S.A. de C.V., of its right to exercise or enforce the legal actions or remedies that might correspond to any actual or future right. The partial exercise on behalf of NOBU HOTEL LOS CABOS / Corporación Inmobiliaria KTRC, S.A. de C.V., of any right, action or remedy under these Terms and Conditions shall not prevent the subsequent full exercise thereof. The tolerance on behalf of NOBU HOTEL LOS CABOS / Corporación Inmobiliaria KTRC, S.A. de C.V., of any breach to these Terms and Conditions on one occasion shall not constitute or imply a tolerance of a subsequent breach.

LOSCABOS.NOBUHOTELS.COM

NOBU HOTEL LOS CABOS

COPYRIGHT

NOBU HOTEL LOS CABOS / Corporación Inmobiliaria KTRC, S.A. de C.V., is a trademark, logotype, and registered trade name describing all its subsidiary companies and related companies or entities, involved in the hotel business around the world. NOBU HOTEL LOS CABOS / Corporación Inmobiliaria KTRC, S.A. de C.V., considers its compilation of links to Internet resources, the description of those resources and the information contained within the NOBU HOTEL LOS CABOS WEBSITE (“WEBSITE” or “LOSCABOS.NOBUHOTELS.COM website”) to be copyrighted material. You are not authorized to copy, reproduce either physically or logically, or modify any portion of NOBU HOTEL LOS CABOS WEBSITE without the prior written authorization of NOBU HOTEL LOS CABOS / Corporación Inmobiliaria KTRC, S.A. de C.V. The name of NOBU HOTEL LOS CABOS and its Trademarks, patents and copyright material may not be used in advertising or publicity without specific, prior, written permission of NOBU HOTEL LOS CABOS.

NOBU HOTEL LOS CABOS / Corporación Inmobiliaria KTRC, S.A. de C.V., reserves the right to bring any civil, criminal or administrative action or any other action, arising from the improper or unauthorized use of this WEBSITE, including for infringement of its trademarks.

AGE

Minors are not permitted to use this WEBSITE. By using this WEBSITE, you acknowledge and agree that you are an adult in the jurisdiction of your location. Parents, guardians or any adult who is responsible for overlooking the acts of a minor will be held liable for any of such minor’s acts resulting in any damage or loss caused by the use of this WEBSITE to NOBU HOTEL LOS CABOS / Corporación Inmobiliaria KTRC, S.A. de C.V., or to any Third Party.

OWNERSHIP AND RESTRICTIONS ON USE

This WEBSITE is owned and operated by NOBU HOTEL LOS CABOS / Corporación Inmobiliaria KTRC, S.A. de C.V., its subsidiaries, and related companies or entities. All materials contained in this WEBSITE are the copyrighted property of NOBU HOTEL LOS CABOS / Corporación Inmobiliaria KTRC, S.A. de C.V. No material from the LOSCABOS.NOBUHOTELS.COM website or any WEBSITE owned, operated, licensed, or controlled by NOBU HOTEL LOS CABOS / Corporación Inmobiliaria KTRC, S.A. de C.V., may be copied, reproduced either physically or logically, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials from this web site onto any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of NOBU HOTEL LOS CABOS / Corporación Inmobiliaria KTRC, S.A. de C.V., copyright and other proprietary rights provided that any offer or fee announced in such saved file shall not be considered as an offer or fee by NOBU HOTEL LOS CABOS / Corporación Inmobiliaria KTRC, S.A. de C.V., since such offers or fees may vary from time to time. For purposes of these terms, the use of any such material on any other Web site or computer network environment is expressly prohibited.

NOBU HOTEL LOS CABOS / Corporación Inmobiliaria KTRC, S.A. de C.V., owns all right, title and interest in and to all Trademarks in this WEBSITE. To the extent this WEBSITE provides interactive capabilities that allow you to submit information or data on the WEBSITE, you expressly acknowledge you may not upload to, distribute through, or otherwise publish through the LOSCABOS.NOBUHOTELS.COM website any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage an administrative or criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violates any law. By uploading or submitting any lawful materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and create derivative works from and distribute such materials or incorporate such materials in any manner.

LIABILITY DISCLAIMER

You agree that your use of this WEBSITE is at your sole risk. The materials in this WEBSITE are provided “as is” and without warranties of any kind either expresses or implied. To the extent permissible pursuant to applicable law, NOBU HOTEL LOS CABOS / Corporación Inmobiliaria KTRC, S.A. de C.V., disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

NOBU HOTEL LOS CABOS / Corporación Inmobiliaria KTRC, S.A. de C.V., does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this WEBSITE or the server that makes it available are free of viruses or other harmful components. NOBU HOTEL LOS CABOS / Corporación Inmobiliaria KTRC, S.A. de C.V., does not warrant or make any representations regarding the use or the results of the use of the materials in this WEBSITE in terms of their correctness, accuracy, reliability, or otherwise. You (and not NOBU HOTEL LOS CABOS) assume the entire cost of all necessary servicing, repair, or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of this WEB SITE, you warrant to NOBU HOTEL LOS CABOS / Corporación Inmobiliaria KTRC, S.A. de C.V., that you will not use this WEBSITE for any purpose that is unlawful or prohibited by these terms, conditions, and notices. In case you submit any unlawful, prohibited or offensive material or content to the WEB SITE any liability or damages arising from such action shall be your sole responsibility.

LIMITATION OF LIABILITY

Under no circumstances, including, but not limited to, negligence, shall NOBU HOTEL LOS CABOS / Corporación Inmobiliaria KTRC, S.A. de C.V., be liable for any direct, indirect, punitive, special or consequential damages or objective civil liability (responsabilidad civil objetiva) or any personal damage (daño moral) that result from the use of, or the inability to use, the materials and contents in this WEBSITE, even if NOBU HOTEL LOS CABOS / Corporación Inmobiliaria KTRC, S.A. de C.V., authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall NOBU HOTEL LOS CABOS / Corporación Inmobiliaria KTRC, S.A. de C.V., total liability to you for all damages, losses, and causes of action, whether in contract, tort (including, but not limited to, negligence), or otherwise, exceed the amount paid by you, if any, for accessing this WEBSITE.

IDEA SUBMISSION

NOBU HOTEL LOS CABOS / Corporación Inmobiliaria KTRC, S.A. de C.V., the policy is not to accept unsolicited ideas about marketing, advertising or products. Please do not submit to the WEBSITE any material or ideas, including creative material of any kind. In case you send any material or content to the WEBSITE any liability or damages arising from such action shall be your sole responsibility.

CURRENCY CONVERSION

Currency rates are based on publicly available sources and should be used as guidelines only. Room rates are guaranteed only in US Dollars. Currency quotes are not updated every day. The currency information supplied by this WEB SITE is believed to be accurate, but NOBU HOTEL LOS CABOS / Corporación Inmobiliaria KTRC, S.A. de C.V., does not warrant or guarantee such accuracy.

LINKS TO THIRD-PARTY SITES

Links to other sites we think may be of interest to you are provided solely for your convenience. By providing these links, we are not endorsing, sponsoring or recommending such sites or the materials disseminated by or services provided by them, and are not responsible for the materials and content, at or related to or from any other site.

USER RIGHTS

Users have the following rights:

Confidentiality: NOBU HOTEL LOS CABOS / Corporación Inmobiliaria KTRC, S.A. de C.V., shall not provide the user’s information to any third party outside of any transaction that user carries on in this WEBSITE, subject to the provisions set forth in the PRIVACY POLICY section herein.
Security: NOBU HOTEL LOS CABOS / Corporación Inmobiliaria KTRC, S.A. de C.V., makes its best effort to provide administrative, technical, and physical security for the WEB SITE pursuant to section 19 of the Federal Act for Protection of Personal Data in Possession of Private Entities (Ley Federal de Proteccion de Datos Personales en Poder de Particulares). However, NOBU HOTEL LOS CABOS / Corporación Inmobiliaria KTRC, S.A. de C.V., is not responsible for any breach of security that affects or may affect the user of the WEBSITE in any manner. You enter the website at your own risk.
Inquiries: Any term or condition provided herein or any offer, notice, fee or price may be clarified and explained to the user in the phone number and address provided below.
Options: Users are entitled to choose the quantity and quality of the products and services provided by NOBU HOTEL LOS CABOS / Corporación Inmobiliaria KTRC, S.A. de C.V. However the products and services of NOBU HOTEL LOS CABOS / Corporación Inmobiliaria KTRC, S.A. de C.V., are provided “as is” therefore such products and services are subject to quantity or quality availability and business capacity, including but not limited to hotel capacity and traveling season’s fees.

By supplying your cell phone number you agree to receive SMS and MMS messages on your mobile phone, including messages regarding services and promotions. Third parties who provide services such as text messaging or SMS or MMS delivery on our behalf may also access your personal information to provide those services. These third parties will be contractually bound to treat your information in accordance with our applicable privacy policies. You may choose to opt out of receiving SMS and MMS messages from us at any time by responding to the SMS or MMS message with the word “STOP”.

MODIFICATION OF TERMS

NOBU HOTEL LOS CABOS / Corporación Inmobiliaria KTRC, S.A. de C.V., reserves the right to change, modify, add, or remove portions of these terms at any time at our discretion. You may check these terms periodically for changes. By entering the LOSCABOS.NOBUHOTELS.COM web site means you accept those changes.

TERMINATION

These terms are effective until terminated by NOBU HOTEL LOS CABOS / Corporación Inmobiliaria KTRC, S.A. de C.V., for any reason, with or without notice. Upon termination, you must destroy all materials obtained from this WEB SITE and any and all other NOBU HOTEL LOS CABOS/ Corporación Inmobiliaria KTRC, S.A. de C.V., Web Site(s) and all copies thereof, whether made under the terms of these terms or otherwise.

JURISDICTION

This WEBSITE is controlled and operated by NOBU HOTEL LOS CABOS/ Corporación Inmobiliaria KTRC, S.A. de C.V., from its offices within the State of Quintana Roo, United States of Mexico. NOBU HOTEL LOS CABOS / Corporación Inmobiliaria KTRC, S.A. de C.V., makes no representation that materials in this web site are appropriate or available for use in other locations. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Quintana Roo, United States of Mexico, without giving effect to any principles or legislation of conflicts of law, and you accept this by using this web site.

VENUE

Any disputes arising out of or related to this WEBSITE shall be governed by and construed and enforced in the courts located in the City of Cancun, State of Quintana Roo, United States of Mexico. Hence you expressly waive any other jurisdiction or forum that you might be entitled to for any reason. If any provision of this document of Terms and Conditions is unlawful, void, or unenforceable, that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

This document of Terms and Conditions is the entire agreement between the parties. For inquiries regarding this document of Notification of Terms and Conditions, contact:

Nobu Hotel Los Cabos
Information Technologies
Blvd Kukulcan km 14.5 Zona Hotelera
Cancun, Quintana Roo 77500 Mexico
TEL. 011-52(998)8813600
FAX. 011-52(998)8813601