1. GENERAL POINTS
1.1. The terms and conditions set out below regulate access to and the use of the website www.pgarivieramaya.com (the “Website”), through which the following legal entity provides information society services: BP INVESTMENTS S.A. DE C.V, reg. no. BIN060612472; postal address: Carretera Chetumal Benito Juárez km 250 SN LOCAL E, Playa del Carmen, Akumal, Solidaridad, Quintana Roo, 77776; telephone: +52 984 87 55085
1.2. For illustrative purposes and without limitation, the term “Website” includes the data, text, graphics, images, animations, musical creations, videos, audio, drawings, photographs, trademarks, trade names, domain names and other names included therein, and, generally, all of the creations, original or otherwise, expressed by any means or on any medium, tangible or intangible, regardless of whether or not they are subject to protection under the current Intellectual Property Act or any other industrial property law.
1.3. By accessing the Website, Users acquire a series of rights and obligations, in order to ensure the proper use of the services and content found there and which BP INVESTMENTS S.A. DE C.V makes available to Users free of charge.
1.4 Users understand that they access and use the services and content of the Website exclusively on their own responsibility.
1.5. “User” status is acquired by accessing the Website. Users must only use the services and content for private purposes and/or on account of their legal relationship with BP INVESTMENTS S.A. DE C.V, excluding any form of subsequent use thereof, for profit or gain, whether direct or indirect.
If these general terms are replaced by others, in full or in part, those new general terms shall be understood to be accepted in the same manner as stated above. However, Users of the Website must access these general terms, periodically, in order to be aware of the subsequent versions included in them, and we recommend that Users consult them every time they intend to access or make use of the Website’s services and content.
Should Users not accept these general terms, or the specific terms regulating the use of a specific service and/or content aimed at Users of the Website, as determined by BP INVESTMENTS S.A. DE C.V, they must refrain from accessing the Website and/or using the services made available to them.
1.7. BP INVESTMENTS S.A. DE C.V may establish any specific terms to regulate the use of and/or contracting for specific services offered to Users through the Website. BP INVESTMENTS S.A. DE C.V may also authorise third-party entities to advertise or provide their services through the Website. In such cases, BP INVESTMENTS S.A. DE C.V shall not be responsible for establishing the general and specific terms to be taken into account when using, providing or contracting for such third-party services and, consequently, cannot be considered liable for them.
1.8. Users must put in place appropriate technical security measures to avoid unwanted actions in their information system and the files and computers used to access the Internet and, in particular, the Website. They should be aware that the Internet is not totally secure.
2. PURPOSE OF THE WEBSITE
2.1. Via the Website, Users can make use of the diverse content and services offered by BP INVESTMENTS S.A. DE C.V, or, where applicable, by third-party suppliers, under the terms established for them.
2.2. BP INVESTMENTS S.A. DE C.V is a company operating various golf services via the Website, offering information on its products and services, free of charge. Users may also book or purchase the products and services offered on the Website.
2.3. The services and content offered over the Website will generally be available in Spanish and English. However, at the discretion of BP INVESTMENTS S.A. DE C.V, they may be offered in the other co-official languages of the autonomous regions and in other languages spoken in the European Union.
The cost of telephone access, or any other type of expense relating to the connection used to access the Website, where applicable, shall be borne exclusively by the User.
3. PROCESSING OF USERS' PERSONAL DATA
3.1. BP INVESTMENTS S.A. DE C.V guarantees the confidentiality of personal data provided by Users and that it will be processed in accordance with the applicable current legislation on the protection of personal data. The personal data collected via the Website shall be included in one or various types of processing and files for which BP INVESTMENTS S.A. DE C.V and MANAGEMENT HOTELERO PIÑERO S.L. have responsibility, both of which entities form part of Grupo Piñero.
4. USERS’ RIGHTS AND OBLIGATIONS
4.1. Users may: (i) access any available content and services of the Website free of charge and without prior authorisation, subject to any technical or specific conditions or the need for prior registration for specific services and content, as determined in these general terms or in the specific terms of such services; (ii) use the available services and content exclusively for their private use, with the prior authorisation of BP INVESTMENTS S.A. DE C.V, subject to the provisions of the specific terms, where applicable, regulating the use of a specific service and/or content aimed at customers of BP INVESTMENTS S.A. DE C.V; (iii) download a single copy of the Website for offline viewing, for personal, non-commercial purposes; and (iv) use the Website in a correct and lawful manner, in accordance with current legislation, morals, common decency and public order.
5. RIGHTS AND OBLIGATIONS OF BP INVESTMENTS S.A. DE C.V
BP INVESTMENTS S.A. DE C.V reserves the following rights: (i) modifying the terms of access to the Website, whether technical or otherwise, unilaterally and without prior notice to Users, without prejudice to the provisions of the specific terms regulating the use of a specific service and/or content aimed at Users of the Website; (ii) establishing specific terms and, where appropriate, setting a price or other requirements for accessing certain services and/or content; (iii) limiting, excluding or restricting access by Users where it cannot be guaranteed that they will use the Website correctly, in accordance with the obligations and prohibitions accepted by them; (iv) ending the provision of a service or content, without any right to compensation, where that service or content is unlawful or contrary to the terms established for it, without prejudice to the provisions of the specific terms regulating the use of a specific service and/or content aimed at Users of the Website; (v) modifying, deleting or updating all or part of the content and services offered through the Website, without the need for prior notice, without prejudice to the provisions of the specific terms regulating the use of a specific service and/or content aimed at Users of the Website; (vi) where appropriate, taking any necessary legal action to protect the rights of BP INVESTMENTS S.A. DE C.V and third parties providing their services and content through the Website; and (vii) demanding compensation for any improper or unlawful use of all or part of the services and content provided through the Website.
6. EXCLUSION AND LIMITATION OF LIABILITY ON THE PART OF BP INVESTMENTS S.A. DE C.V
6.1. BP INVESTMENTS S.A. DE C.V is exempt from liability for harm or loss, of any kind, in the following cases: (i) where it is impossible or difficult to connect to the communications network used to access the Website, regardless of the type of connection used by Users; (ii) where access to the Website is interrupted, suspended or cancelled, or on account of the availability and continuity of operation of the Website or the services and/or content it contains, due to causes beyond the control of BP INVESTMENTS S.A. DE C.V, whether emanating directly or indirectly from that entity; (iii) BP INVESTMENTS S.A. DE C.V accepts no liability for the services and content, nor for its availability and terms of access, technical or otherwise, offered by third-party service providers, in particular as regards providers of information society services. Information society service providers shall be understood to mean the natural or legal persons who provide the following services to the public: (a) transmission of data provided by the service recipient via a communications network, (b) provision of access to such a network, (c) data storage or hosting services, (d) supply of content or information, (e) temporary copying of data requested by Users, (f) pricing errors where that is due to a human or technical error, (g) provision of links to content or search tools; (iv) in no event does BP INVESTMENTS S.A. DE C.V accept liability for any harm or loss caused by the information, content, products and services – for illustrative purposes and without limitation – provided, communicated, hosted, transmitted, displayed or offered by third parties external to BP INVESTMENTS S.A. DE C.V, including information society service providers, via a website accessible by means of a link on the Website; (v) for the processing and subsequent use of personal data provided by third parties external to BP INVESTMENTS S.A. DE C.V, or the relevance of the information requested by them; (vi) for the quality and speed of access to the Website and the technical terms to be satisfied by Users in order to be able to access the Website, its services and/or content; (vii) BP INVESTMENTS S.A. DE C.V, shall not be liable for any delays or faults relating to access to and/or the operation of the services and/or content of the Website due to a case of force majeure; (viii) Users of the Website shall be personally liable for harm or loss of any kind caused to BP INVESTMENTS S.A. DE C.V, whether directly or indirectly, on account of the breach of any of the obligations arising from these general terms or any other rules governing the use of the Website.
7. SERVICES PROVIDED THROUGH THE WEBSITE BY THIRD PARTIES
7.1. BP INVESTMENTS S.A. DE C.V does not guarantee the legality, reliability and usefulness of the services provided by third parties via the Website, or those for which BP INVESTMENTS S.A. DE C.V solely acts as an advertising channel.
7.2. BP INVESTMENTS S.A. DE C.V shall not be liable for harm or loss of any kind caused by the services provided by third parties via the Website, and in particular, but not limited to, any harm or loss caused by: (i) failure to comply with the law, with morals or with public order; (ii) the insertion of a virus or any other computer code, file or program which may damage, interrupt or impede the normal functioning of any software, hardware or telecommunications equipment; (iii) the infringement of intellectual or industrial property rights, trade secrets or contractual commitments of any kind; (iv) acts constituting illegal, misleading or unfair advertising and, in general, acts constituting unfair competition; (v) any lack of truthfulness, accuracy, quality and/or relevance as regards the content transmitted, distributed, stored, received, obtained, provided or made available or accessible, or where such content is out of date; (vi) the infringement of rights to honour, to personal and family privacy and to an individual's image, or, in general, any type of third-party right; (vii) unsuitability for any kind of purpose and disappointment of expectations raised, or faults and defects that may arise in relation to third parties; and (viii) failure to comply with, or delayed or defective compliance with, or the termination on any grounds of, the obligations assumed by third parties and contracts entered into with third parties.
8. INTELLECTUAL AND INDUSTRIAL PROPERTY
8.1. Users understand that the content and services offered via the Website, including but not limited to texts, graphics, images, animations, musical creations, videos, audio, drawings, photographs, any comments, exhibitions and HTML code, are protected by intellectual and industrial property law. Copyright and economic rights for this site belong to BP INVESTMENTS S.A. DE C.V and/or third-party entities.
8.2. The trademarks, trade names and distinctive signs appearing on the Website belong to BP INVESTMENTS S.A. DE C.V, or, where applicable, third-party entities, and are protected by current industrial property laws.
8.3. The provision of services and publication of content via the Website does not in any way imply any assignment, waiver or transfer, in full or in part, of the relevant intellectual and industrial property rights on the part of BP INVESTMENTS S.A. DE C.V and/or their legitimate third-party holders.
8.5. No part of this Website may be reproduced, distributed, transmitted, copied, publicly communicated or transformed, in full or in part, using any manual, electronic or mechanical system or method (including photocopying, recording or any information recovery or storage system), on any medium now known or which is invented in the future, without the consent of BP INVESTMENTS S.A. DE C.V Any use of all or part of the Website’s content is subject to the need to request prior authorisation from BP INVESTMENTS S.A. DE C.V and/or legitimate third-party owners, and also acceptance of the relevant licence, where applicable, except as provided for in relation to rights recognised and granted to Users in these general terms, or as determined in any specific terms established by BP INVESTMENTS S.A. DE C.V to regulate the use of a specific service and/or content offered via the Website.
The access, content and services offered through the Website are, in principle, of an indefinite duration. However, BP INVESTMENTS S.A. DE C.V is authorised to terminate or suspend access, services and/or content at any time, without prejudice to the relevant provisions of these general terms or, where applicable, the specific terms regulating the use of a specific service and/or content aimed at Users of the Website.
12. BOOKING CONDITIONS
12.1 When making a booking, the first individual named in the booking (“booking leader”) agrees, on behalf of all of the individuals detailed in the booking, that he or she:
a) Has read these booking conditions, will communicate them to the individuals making up the booking and has the authority and agrees to be bound by them;
c) Is of legal age and, when placing an order for services which may include minors, declares that he or she and all of the participants are of an appropriate age to acquire those services;
d) Accepts financial responsibility for paying for the booking on behalf of all of the individuals detailed in the booking.
12.2. The booking procedure consists of various steps:
- step 1: selection of the date of play, number of players and round;
- step 2: selection of the time of play and the relevant price;
- step 3: validation of the summary of the booking details, including the date and time of play, the number of players, the course, the round and the total price;
- step 5: payment gateway where card numbers are entered;
- step 6: confirmation of the booking and summary of the booking details, including the name, surname(s) and contact details of the individual who will be using the service booked and the details of that service (course, round, date and time of play, number of people, price paid). The booking procedure concludes with this step.
12.3. Any cancellations must be dealt with by the clubhouse, by calling +52 984 87 55 048 or by email to firstname.lastname@example.org.
A booking may be cancelled at no cost up to 72 hours prior to the date of play. If the booking is cancelled 48 hours or less prior to the date of play, or in the event of a no-show, there shall be no entitlement to a refund.
In the event of a delay, it will be possible to play at the next available time of play on the day of the booking. If there is no time of play available, there shall be no entitlement to a refund.
If the booking leader does not appear on the day of the booking, it will be considered a no-show.
The booking date and time can be changed at no cost up to 24 hours in advance, by calling +52 984 87 55 048, provided that the price of the new date and time is the same as the initial price. If the new price is higher, it will be necessary to pay the difference.
12.4. 100% of the booking cost will be charged at the time of purchase and the payment must be made using a Visa or Mastercard credit card. The amount will be charged in the currency shown throughout the booking process and, therefore, if it is not your local currency, there may be differences due to changes in the exchange rate, for which BP INVESTMENTS S.A. DE C.V is not liable.
When the booking leader arrives at the clubhouse reception desk, he or she must present the same credit card as used to pay for the booking and proof that he or she is the cardholder. Please remember that the expiry date of your card must not be earlier than the date of arrival at the clubhouse.
Prices in other currencies shown during the booking process are for information purposes only and are subject to daily changes in the exchange rate.
The price includes only the services listed in the booking confirmation, which must be presented when checking in at the clubhouse.
12.5. A binding contract is established between us when we send our confirmation invoice to the booking leader. We both agree that the law of the country in which the service is provided (and no other) shall apply to the contract and any dispute, claim or any other matter, of any description, arising between us (except as provided for below).
12.6 We endeavour to respect start times at the time of the booking. However, from time to time, the golf courses are entitled to change the start times, due to the flexibility they need to organise members’ competitions. In such circumstances, we will inform them of the impact it may have on the original start times which they have confirmed and we will do everything possible to find a suitable solution, but we do not accept liability for such a change. A degree of flexibility is therefore required.
Furthermore, the golf courses are entitled to carry out emergency maintenance work, if they feel the need to do so, and we cannot accept any liability for the state of the golf courses in such circumstances.
Similarly, with regard to the availability of golf buggies, we cannot accept liability for the availability or otherwise of the buggies, unless they form an integral part of the package, in which case it is our duty to inform you. Obviously, where, at the time of making the booking, you have stated that you can only play with a buggy, we will endeavour to inform you. However, weather conditions also play a part in the closure of golf courses and, at times, it may be the case that buggies are not available in the short term. Customers need to understand that such things can happen. There are no refunds and there is no valid compensation in such situations.
12.7. Unless expressly stated otherwise in these booking conditions, we regret that we cannot accept liability or pay any compensation where compliance with, or the prompt performance of, our obligations under this contract with you is impeded or affected by the involvement of third parties unconnected with the service provider, or where, in some other way, you suffer any harm or loss as a result of force majeure, or where it is entirely your own fault of that of any of the individuals making up the booking. In these booking conditions, “force majeure” means any event beyond our control or that of our provider, the consequences of which could not have been avoided, even if all reasonable measures had been taken. Examples include war and acts and terrorism (and the threat of such acts), strikes, major risks to human health, such as outbreaks of serious diseases at the travel destination, pandemics or natural disasters, such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or to stay there, acts of any government or other national or local authority, including port or river authorities, employment disputes, industrial action, the closure of floodgates, natural or nuclear disasters, chemical fires or biological disasters, unavoidable technical problems affecting transport and any similar events occurring outside our sphere of influence or that of our provider or providers.
13. ENTIRE AGREEMENT
13.1. These general terms contain all of the terms agreed by BP INVESTMENTS S.A. DE C.V regarding their purpose, and any statements, undertakings or promises, whether verbal, written or implied, prior to these terms shall be deemed not to exist.
13.2. Should BP INVESTMENTS S.A. DE C.V not, at any given time, insist on compliance with any of the terms laid down in these general terms, or, where applicable, the specific terms regulating the use of a specific service and/or content aimed at Users of the Website, it must not be interpreted by Users as a waiver of its right to demand compliance subsequently.
14. NULLITY AND CANCELLATION
Should any of these general terms or, where applicable, specific terms regulating the use of a specific service and/or content, be null or voidable, in full or in part, that fact shall not affect the validity of the remaining terms, which shall retain full effect and validity, unless the party claiming that the relevant terms are null or voidable proves that without those terms the purposes pursued by these terms may not be achieved.
These general terms are governed by Mexican legislation.
The parties expressly and unequivocally waive any right to their own jurisdiction and submit to the competent courts of Mexico in order to settle any disputes or disagreements arising from the use of the Website, or any services and/or products included therein.