Bararrías, S. de R.L. de C.V. (together with its affiliates and any other person in connection with it “Casai”, “Locazione” or “us”), through its affiliates, hereby offer you certain functions and services when visiting or making any transaction in our website www.casai.com and the sites, pages, subpages, windows and pop-ups shown in such website (together, the “Site”), when using Casai’s applications for certain equipment or when using the software made available by Casai by any means, including without limitations the platform (the “Platform”) available to Android and iOS equipment, in connection with the foregoing, which are offered or provided subject to the following terms and conditions.
Through (i) the registry you (the “User”) make in the Site or Platform, and/or (ii) payment of the Membership (as defined below), which, by the payment of the corresponding consideration, shall give you access to make a User Offer (as defined below) stay in the Properties (as defined below), when paying the price that corresponds for the stay, the possibility to acquire Additional Products and Services (as defined below) pursuant to these Terms and Conditions, and/or (iii) each visit that you make to our Site, and/or (iv) each time that you use the Platform, and/or (v) each time that you make a User Offer, and/or (vi) each time that you visit or stay at any of the Properties, and/or (vii) each time that you purchase any Additional Products and Services, you (a) accept the following Terms and Conditions (the “Terms and Conditions”), (b) undertake to be obliged pursuant to them, and (c) expressly represent your acceptance via electronic means in terms of article 1803 of the Federal Civil Code and article 93 of the Commerce Code. We beg you to read this Terms and Conditions carefully. It is your responsibility to read them as you acknowledge that, in case of acceptance, you will have obligations with Casai in accordance with their terms. You and Casai represent your acceptance with the Terms and Conditions, acknowledging that they are an agreement between Casai and the User. In the event that you do not accept the Terms and Conditions absolutely and in their entirety, the user shall refrain form entering, using, observing and/or purchasing products and/or contracting services in the Site and/or in the Platform. The access, use, visit, making of a User Offer, the purchase of products and/or the contracting of services of or in the Site or of or in the Platform or visit to or stay at the Properties shall constitute your absolute acceptance of the terms and conditions here stipulated.
Terms and Conditions for the Use of Site and Platform and the acquisition and use of the Membership and Stay at the Properties
This document sets forth the Terms and Conditions to which the User undertakes to be bound and that the User of the Site has been bound through (i) the registry the User makes in the Site or Platform, and/or (ii) payment of the Membership, and/or (iii) each visit that you make to our Site, and/or (iv) each time that you use the Platform, and/or (v) each time that you make a User Offer, and/or (vi) each time that you visit or stay at any of the Properties, and/or (vii) each time that you purchase any Additional Products and Services, and (a) accept the Terms and Conditions, (b) undertake to be obliged pursuant to them, and (c) expressly represent your acceptance via electronic means in terms of article 1803 of the Federal Civil Code and article 93 of the Commerce Code. The access, use, visit, making of a User Offer, the purchase of products and/or the contracting of services of or in the Site or of or in the Platform or visit to or stay at the Properties shall constitute your absolute acceptance of the terms and conditions here stipulated. Any person visiting The Site and the Platform shall be considered a User solely for opening the Site or visiting it and using the Platform. In addition, each User agrees to be bound pursuant to these Terms and Conditions in connection with any transaction offered, made or completed through the Site and/or in the Platform and in connection with the use of the Site and/or the Platform.
Use of the Site and of the Platform
I.A. Casai´s Intelectual Property. The trademarks “Casai”, “Barrarías”, “Locazione” and logos and design in connection therewith are legally registered in Mexico. They cannot be used in connection with other products or services as their rights and use are exclusive to Casai. The contents of the Site and the Platform are subject to intellectual property, copyright and/or industrial property rights of Casai and its suppliers. Everything contained in the Site and/or in the Platform, including the site, pages and subpages, the text, graphics, logos, icons, images, audio clips, personalized graphics, original photographs, data, images, music, audio and video fragments, fonts, titles, button icons, logos, designs and software, are property of or have been properly licensed by its owners or licensees to Casai and are protected by applicable law in Mexico and international treaties. All title and intellectual property rights protected by copyright laws are reserved to the items downloaded or received in any other manner whatsoever by any Used through the Site and the Platform.
Casai grants to each User a limited, non-exclusive license, non-transferrable in whole or in part, exclusively to access, use and show the contents of the Site and the Platform in a device of personal use of the User. Each User accepts not to interrupt or try to interrupt the functionality of the Site and the Platform. The Site and the Platform its contents and the software (including all applications) can only be used as means of information of the products offered at retail and for personal use and as a resource to make personal purchases or contracting with Casai. Any other use, including the reproduction, modification, distributions, transmission, disclosure, demonstration or execution of the contents of the Site and the Platform are strictly prohibited.
It is absolutely prohibited to copy, disclose, transmit, retransmit, transmit though the Internet or other similar means, modify, increase, reproduce, grant a license, adapt, create works derived from this content or disclose this content in part or in other means in computers, radio or other technologies existing in the present or developed in the future for communications not authorized or for commercial use without the pervious written consent of Casai. The User hereby accepts not to reproduce, duplicate, copy, sell, resell, decompile, disassemble or use for commercial purposes any part of the Site and of the Platform or the access to the Site and the Platform or to compile information of the visitors or Users registered in the Site and in the Platform. No User may upload, disclose, reproduce or distribute in any manner whatsoever any contents protected by copyright or other intellectual property rights without obtaining the prior express authorization of the owner of the copyright or other intellectual property right, as the case may be. No title, right or interest on the downloaded materials shall be conferred to the User as a result of such download for personal or commercial use. The User agrees that these rights are valid and are protected by all means and technologies existing or hereinafter developed. Trademarks and copyrights may not be deleted or altered in any manner whatsoever. Trademarks and copyright cannot be used in connection products or services offered by third parties.
I.B. Links to other Sites and Platforms. The Site and the Platform may contain links to sites and platforms owned, managed or operated by independent third parties. These links are provided solely for the User’s convenience and reference, and CASAI may act at times as an intermediary to facilitate the contracting of Additional Products and Services (the “Additional Products and Services”) in exchange for some sum of money as specified, if the case may be, on the Site and/or in the Platform). CASAI does not control such sites or platforms and therefore is not responsible for the content posted on them or the quantity or quality of the Additional Products and Services. Casai has no control over, and makes no warranties or representations, express or implied, as to, the accuracy, relevance, validity period, completeness or suitability for a particular purpose of the information or resources contained on these or other Internet sites or platforms. Casai reserves the right to cancel and/or disable such links at any time. Our display of such links should not be construed as an endorsement, guarantee, warranty, authorization or sponsorship by Casai of such sites or platforms or their content or Additional Products and Services. Because some sites and platforms use automated search results or otherwise direct you to sites and platforms that contain information that may be deemed inappropriate or offensive, Casai is not responsible for the accuracy, copyright compliance, legality or propriety of material contained on third party sites or platforms, including the periodic advertisements available online, and the User hereby releases and discharges Casai from any claims against it with respect to such sites and the Additional Products and Services and agrees to hold Casai harmless in connection therewith.
I.C. Absence of obligations of Casai with respect to the Site, the Platform and the Properties. Casai assumes no obligation to maintain any User account, and shall have the right, at any time and without notice, to restrict, cancel or disable any service of The Site and the Platform, cancel and/or disable any account and/or delete, remove or edit the contents of The Site and the Platform, at its sole discretion. Casai reserves the right to correct errors, omissions or inaccuracies in any information in the Site and/or in the Platform and declares that it does not guarantee or assume any obligation or responsibility regarding the accuracy, truthfulness, status, Properties or updates of the information in the Site and the Platform. Casai has no obligation or responsibility towards the User in relation to the operation of the Site and/or the Platform. The software, applications, links and other resources in the Site and in the Platform are offered by Casai in the state in which they are and without guaranteeing the quality, state, functionality or compatibility of them with any device, therefore Casai does not assume any responsibility for any damages and/or losses caused in connection with the foregoing.
The User agrees that use of the Site and the Platform is at the User’s own risk and that the services and products provided and offered therein are provided on an “as is” and “as available” “where is” basis. Casai does not guarantee that the Site or Platform will meet the User’s requirements or that the services and products offered therein will be uninterrupted, safe or error-free.
Except for products that are marketed in the Site and in the Platform under trademarks or trade names owned by Casai or its affiliates, Casai does not guarantee or warrant in any way the truthfulness, accuracy, legality, morality or any other characteristic of the contents of the material disclosed in the Site and in the Platform. Casai is free of any and all liability and conditions, both express and implied, in connection with the products, services and information contained or available on or through the Site and the Platform; including, without limitation (i) the availability of the Site and the Platform, (ii) the absence of viruses, bugs, deactivators or other contaminating material, malware or destructive functions in the information or programs available on or through the Site and/or the Platform or in general any failure in the Site and/or in the Platform, and (iii) Casai or its suppliers may update the contents of the page constantly, therefore, the User is required to take into account that some information advertised or contained in or through the Site and/or in the Platform may have become obsolete and/or contain inaccuracies or typographical or spelling errors, and is obliged to review the Terms and Conditions at every moment that the User intends to interact with Casai and/or visit the Site and/or use the Platform.
To the fullest extent permitted by applicable law, in no event shall Casai be liable for any direct, special, incidental, indirect, or consequential damages arising out of or in any way connected with (i) the use or performance of the Site and/or the Platform or the unavailability thereof, (ii) the updating or failure to update information, (iii) the alteration or modification, in whole or in part, of information after it is included in the Site and in the Platform, (iv) any other aspect or characteristic of the information contained or disclosed in the Site and in the Platform or through the links that may be eventually included in the Site and in the Platform, and (v) all the above cases will be valid, even in the event that Casai is notified or warned about the possibility of such damages, therefore the User releases Casai from any liability in connection with the foregoing.
I.D. No recommendations for hospitality, tourism, accommodation. Nothing in the Site and/or in the Platform constitutes or shall constitute a suggestion, recommendation, instruction, advice or counsel to any person. Any information contained on the Site and/or in the Platform is for disclosure purposes only, for reference or for information of the Membership holders. The User understands and agrees that Casai will not be liable for any damage or harm suffered by the User as result of the accommodation in the Properties, the purchase or performance of the Additional Products and Services, and the User hereby releases Casai from any obligation or liability in connection therewith.
I.E. Opinions, Comments and Communications from Users. To the extent permitted by Casai through the Site and/or the Platform, the User may disclose their opinions, comments, photographs and other content; send communications; and submit suggestions, ideas, comments, questions or other information, provided that the contents thereof is not unlawful, obscene, threatening, defamatory, invasive of privacy, infringes intellectual property rights or otherwise offensive to others or censurable, or consists of or contains computer viruses, political propaganda or advertising content, chain emails, mass e-mailing or constitutes any other type of “spam”. It is not permitted to use false email addresses, impersonate any person or entity, or otherwise misrepresent the origin of any contents. Casai reserves the right (without being an obligation) to remove such contents, from time to time, even when Casai does not regularly reviews the contents posted or disclosed.
The User agrees not to send, upload or transmit any communication, contents or material of any kind to Casai’s email address (or otherwise) that infringes or violates any party’s rights or violates this Terms and Conditions. Any User who sends or exchanges in any way communications, contents or materials, including but not limited to personal or business information, ideas, concepts or inventions, irrevocably grants Casai an unrestricted, worldwide, royalty-free license to use, reproduce, publicly display, perform, disclose, transmit and distribute those materials and the User further agrees that Casai shall be free to use any ideas, concepts or know-how that any User or others acting on their behalf provide to Casai. Casai assumes no responsibility or liability for any contents posted or disclosed by any User or third party.
II.A. Membership. Only the Users that acquire a revocable membership (the “Membership”) offered by Casai by paying the corresponding consideration, may stay in the Properties (the “Properties”) that Casai destines for such purposes and may acquire and/or contract the Additional Products and Services. The Membership is revocable by Casai at any time in the event that the User, the User’s companions, guests or any person using the User’s credentials or staying at the Properties or visiting the User (i) breaches any part of the Terms and Conditions, as amended from time to time, (ii) breaches any regulations applicable to the Properties, (iii) breaches any law, norm, decree or other provision of public policy, (iv) performs any act contrary to the public order or good customs, (v) fails to pay any amount due to Casai or its affiliates, (vi) files any claim or lawsuit against Casai or its affiliates, or (vii) in general, performs any act that affects or may affect Casai and its affiliates. The Membership shall be valid for an indefinite period and may be revoked unilaterally by Casai if it is in Casai’s best interest to do so. Only those Users who have an honest way of living and pay the consideration for the membership and any other product, service and/or accommodation to Casai with resources of lawful origin may acquire a Membership, so by acquiring the Membership, accepting the Terms and Conditions and paying for any other product, service and/or accommodation, represent to Casai under oath that they have an honest way of living, they engage solely in lawful activities and are not related in any way to any criminal activity. The Membership does not grant in rem rights to the Users, it only grants the right to make an Offer of the User (as defined below) to stay in the Properties, purchase products and/or services offered by Casai through the Site and/or the Platform, in any case, subject to availability and against payment of the consideration for the product, service and/or accommodation as offered by Casai to the User from time to time on the Site, through the Platform, by email, or by any other means.
III.A. Representation of Veracity of User’s Data. Visitors who have freely decided to fill out and accept the User registration form visible here www.casai.com/registration, use the Platform or acquire a Membership, entering the information transmitted by the User for the identification of the User, by virtue of being Users, fully accept these Terms and Conditions, declare to be of legal age and legal capacity to carry out any operation in the Site and in the Platform (or if the case may be, that you are emancipated or under the supervision of an adult exercising parental authority or guardianship with the authorization of the person exercising parental authority or guardianship to grant this declaration), that all data and information transmitted to Casai are correct and true, that all documents you submit to Casai are authentic, and that you have the necessary rights to lawfully transmit such information to Casai. The User has stated in the registration for the opening of the User’s Account whether the User wishes to receive product information and, if so, has clarified that the User is not registered under article 18 of the Federal Consumer Protection Law (Ley Federal de Protección al Consumidor).
III.B. Registry Account with Casai. The User is responsible for maintaining the confidentiality of the User’s account data and password, as well as for restricting access to the User’s computer or any other device, and the User assumes responsibility for any activities carried out from the User’s account or using the User’s password. The User acknowledges that access to the Site and the Platform through the User’s account constitutes an electronic signature and that any data message or communication made through the User’s account or any other means registered with Casai shall be attributable to the User by Casai. The User agrees with Casai that, in the event that any other person uses the User’s account and/or the User’s password, such person will be considered the User’s authorized representative and the User’s irrevocable representative. Therefore, the User agrees to be held liable for all obligations under the User’s responsibility in the event that any person enters the Site or the Platform with the User’s account data and password, regardless of whether or not that person has obtained the User’s prior consent.
III.C. Data messages. The User agrees that messages sent to Casai through any data messages, by email, by telephone conferences to or from Casai’s or the User’s phones or in any way indicated in the Site and in the Platform will bind the User as if made expressly and in writing and may be recorded and kept by Casai. The User authorizes Casai to assume that the User has issued any data messages or messages of any nature when they come from any of the addresses or telephone numbers registered with Casai or are made through the Site and the Platform. The User acknowledges that any message sent by Casai by any of these means will be deemed to have been received in writing by the User. The User agrees that all contracts, notices and other notifications and communications that Casai or the User makes by electronic means or through The Site and the Platform satisfy any legal requirement of written form.
III.D. Casai’s Address. User acknowledges that Casai has its domicile in Mexico City, United Mexican States and that this will be considered Casai’s domicile regardless of the location of the Properties. All notices to Casai shall be delivered to Casai’s address at Calle Durango No. 357, Colonia Roma Norte, Cuauhtémoc, C.P. 06700, Mexico City, United Mexican States.
Site and Platform Advertising
IV.A. Advertising Authorizations. All advertising materials displayed in the Site and in the Platform, if any, will be shown based on statements made to Casai by the suppliers, authors or owners of such advertising that the aforementioned advertising materials comply with all legal and contractual requirements necessary to be legally displayed on them. The User accepts that, except for products and services marketed under brands owned by Casai or its affiliates, Casai does not design, authorize or produce advertising of products and/or services in the Site and in the Platform, and acknowledges and agrees that Casai will have no liability whatsoever in connection with such advertising. By virtue of the foregoing, Casai will not be liable for the consumption, use and/or effects of the aforementioned products or services or Additional Products and Services, fully permitted by applicable law. All advertisements made by Casai on the Site and/or on the Platform are subject to the availability of the corresponding Property, product and/or service as indicated in the corresponding confirmation. Such confirmation may be modified by Casai at any time without liability for Casai (in case of cancellation, Casai’s liability will be limited exclusively, at Casai’s discretion, to (i) reimbursing the User for the amount actually paid exclusively for the products and/or Services that have not been delivered and/or provided, as applicable, or (ii) give credit to the User for such amount as a balance in the User’s favor for use by the User on the Platform). Each User hereby acknowledges that advertising in the Site and in the Platform is only for commercial offers or promotions related exclusively to the existence of products and services and the price thereof by Casai without guaranteeing their availability even after Casai has issued an order confirmation.
IV.B. Properties Description and Additional Products and Services. Casai attempts to be as accurate as possible in describing all Properties and the Products and Services displayed in the Site and/or in the Platform, provided that Casai does not disclose the exact location of the Properties prior to an Order Confirmation (as defined below). Notwithstanding the foregoing, Casai does not warrant that the description of any Property and/or any Additional Products and Services is accurate, complete, reliable, current or error-free. Casai and the User agree that the photographs and any other audiovisual material that may be disclosed on the Site and/or in the Platform or shared with the User or disclosed by any means are for indicative purposes only and are not a true representation of the Properties, and such Properties may be different (in kind, size, quality, color and any other characteristics) from those referred to, indicated or included in the photographs or any other audiovisual material referred to above. If any Property and/or any Additional Products and Services displayed on the Site and/or on the Platform do not comply with the description indicated therein at the time of delivery or performance of services to the User, the User agrees to avoid a future dispute in which the User’s only recourse will be not to accept it and Casai will be obliged to reimburse, in that case only, to the bank debit or credit card used by the User to make the corresponding payment, within five working days following the date of the User’s refusal to receive any Property and/or any Additional Products and Services. In any case the final description of any Property and/or any Additional Products and Services which are the subject of any Offer by the User will be included in the corresponding Order Confirmation. The User shall be responsible for verifying that the Property and/or Additional Products and Services comply with the description in the User’s Offer and the relevant Order Confirmation at the time of delivery.
IV.C. Price offered. Under the terms of article 42 of the Federal Consumer Protection Law (Ley Federal de Protección al Consumidor), except to the extent otherwise indicated in the Site and in the Platform and the provisions of this section, the price displayed for staying in any Property and/or acquiring or contracting the Additional Products and Services displayed on the Site and/or in the Platform, represents a reference price and not the retail price, and the User agrees that the price for staying in any Property and/or acquiring or contracting the Additional Products and Services will be the one agreed upon with Casai in accordance with the provisions of Article 5 of these Terms and Conditions. From time to time, the price for staying at any Property and/or acquiring or contracting the Additional Products and Services may be lower than the price applicable under said Article 5, or we may offer other promotions associated with the purchase of the same, so please check our current promotions in the Site and in the Platform. The Casai promotions listed in the Site and in the Platform will be deemed to be the only current promotions of Casai and will supersede any other promotions previously made by Casai in print or other media that do not specifically state their validity and may be revoked or modified by Casai at any time. The User will be entitled to mention such promotions that are applicable in its User Offers, and Casai will make its best efforts to identify and communicate to the User any promotions applicable to any User Offer and to include them in the corresponding Order Confirmation. Casai will make its best efforts to honor current promotions listed in the Site and in the Platform. Notwithstanding the foregoing and despite our best efforts, for reasons attributable to our lessors, suppliers of the Properties, products and/or services, for technical difficulties in updating our advertising on the Site and/or on the Platform or for the time naturally consumed by such activity, to mere human error and other situations beyond our control, fortuitous case or force majeure and change of law, some of the Properties and the accommodation therein, products and/or services displayed on the Site and/or on the Platform may appear with an erroneous price or not updated or available without being so. In order for Casai to be able to offer the User the lowest possible current price for accommodation on any Property, for the purchase of any product and/or payment for any service and to make the User a participant in our applicable promotions, the User agrees that Casai will only be obliged to allow the accommodation for the purchase or contracting of the Additional Products and Services to the Users as provided for in the Terms and Conditions and in particular as provided for in Article 5 below.
Contracting Process, operations arranged through the Site and the Platform
V.A. User Offers. Casai offers the User the Membership with the purpose of being considered for making a User Offer in terms of the adhesion contract set forth in these Terms and Conditions. The User, on the one hand, as, Casai, on the other, by the mere fact of the User’s registration on the Site, the use of the Platform and/or the acquisition of the Membership, agree to be bound by the adhesion contract contained in these Terms and Conditions
The User may make offers to stay in the Properties, and/or acquire or contract the Additional Products and Services through the Site and the Platform (each such offer, a “User’s Offer”), which will be made through a data message that the User agrees to be considered as an offer delivered in writing to Casai and which may be accepted or denied by Casai. By making a User’s Offer, the User will be offering to Casai: (i) the consideration to stay at one of the Properties, which may not be less than the minimum consideration stated by Casai in the Site and/or in the Platform, (ii) the consideration to purchase Additional Products and Services stated in the Site and/or in the Platform, which may not be less than the minimum consideration stated by Casai in the Site and/or in the Platform. The User’s Offer will in any case be made in accordance with these Terms and Conditions and will therefore be deemed to have been made under these Terms and Conditions and the Terms and Conditions will be deemed to have been reproduced in full in each and every one of the User’s Offers. As a seriousness money deposit, the User will make the payment of an amount (the “Seriousness Deposit”) equivalent to the amount of the consideration indicated in the User’s Offer without such deposit being considered an acceptance by Casai. The User may not revoke the User’s Offer (despite having made the Seriousness Deposit) paid until Casai notifies the User of the acceptance or rejection of the User’s Offer.
The User irrevocably authorizes Casai to charge the Seriousness Deposit to a credit or debit card and to apply it to the payment of the corresponding consideration in the event that Casai decides to accept the User’s Offer without the need for a prior judicial order or any additional act and despite the fact that the User or the User’s beneficiaries may or may not stay in any Property and/or may or may not acquire or contract the Additional Products and Services.
V.B. Confirmation of User Offers. Casai, through messages displayed on the Site and/or in the Platform and addressed to the User, by email or telephone, at its sole discretion, will notify the User of the receipt of an User’s Offer and, if accepted by Casai, will deliver to the User confirmation of receipt of the User’s Offer (each, an “Order Confirmation”), which will include (i) the User’s identity, (ii) the non-detailed description of the Property, the Additional Products and Services (iii) the price of the accommodation and the Additional Products and Services, if applicable, (iv) the forms of payment acceptable to Casai, (v) the availability of the Property for the accommodation and/or the existence or non-existence of the corresponding Additional Products and Services, if applicable, (vi) the identification number of the Order Confirmation, and (vii) any other information that Casai deems relevant. The Order Confirmation will not constitute acceptance of the User’s Offer by Casai.
V.C. Agreement, delivery and payment. The User agrees that the User’s Offer will be considered accepted by Casai and therefore agreed upon between the User and Casai only until the Property and/or the corresponding Additional Products and Services have been delivered by Casai to the User and the User agrees to pay the corresponding price to Casai at that same time and/or to apply the Seriousness Deposit at that time as provided in the following paragraph. Casai and the User agree that the User or any person of legal age authorized as a guest of the User on the Site and/or in the Platform, shall be the only persons authorized to receive the Property; for such purposes, the User authorizes and irrevocably designates each and every person of legal age that he or she authorizes at any time as a guest of the User on the Site and/or in the Platform as the User’s agent to receive the Property on behalf of the User.
In the event that the User does not show up or for any reason does not receive the Property and/or the Additional Products and Services, the User will continue to be obliged to pay the corresponding consideration and authorizes Casai irrevocably to apply immediately on the date on which the Order Confirmation should be delivered to the User and at any time after that date the resources corresponding to the Seriousness Deposit to the payment of the corresponding consideration without the need for any judicial declaration or additional act, as far as they reach, being obliged to pay the remaining amount and irrevocably authorizing Casai to charge any amount to the User’s bank credit or debit cards.
The User irrevocably authorizes Casai to apply the resources corresponding to the Seriousness Deposit to the payment of any other amount owed by the User to Casai for any reason (including, without limitation, damages to or in connection with the Property), without the need for any judicial declaration or additional act, being obliged to pay the remaining amount and irrevocably authorizing Casai to charge any amount to the User’s credit or debit cards.
Any consideration for a stay will be payable upon delivery of the Property by a charge to the credit or debit card authorized by the User to Casai though any means indicated on the Site or Platform or in the Order Confirmation and which is consistent with the contracts entered into by Casai with the corresponding card suppliers or the service providers of the payment system chosen by the User and accepted by Casai. In the event that the User chooses to pay for the accommodation in any Property, the purchase of any product and/or the payment of any service with a bank card, the User declares that he has the right to charge the corresponding card and irrevocably agrees to sign and deliver to Casai the proof of the corresponding charge.
The User agrees that any payment made in accordance with these Terms and Conditions will be deemed to have been made at Casai’s domicile.
V.D. Billing. The User may obtain an invoice (Comprobante Fiscal Digital por Internet) issued by Casai in relation to any payment made to Casai in terms of the applicable tax legislation from time to time by including the details of the corresponding receipt in the following link http://www.casai.com/facturación or via email to email@example.com provided that the details of the receipt are correctly included in such link or email within 5 working days following the date on which the corresponding accommodation in the Properties has been completed.
V.E. Availability. Casai will make its best efforts to have Properties available that are consistent with each Order Confirmation; however, the User acknowledges, is aware and agrees that such Properties may not be actually available on the date that the User wishes to stay, releasing Casai from all liability in connection therewith. Once the Property is received, the User will be solely responsible for verifying that the Property complies with the description in the Order Confirmation and in the User’s Offer and may only refuse to stay at the time of delivery, provided that, the lack of refusal to receive the Property will be considered as the irrevocable acceptance of the User with respect to the Property.
V.F. Cancellation of the Order. Casai may refrain from accepting an User’s Offer and from delivering the Properties when Casai is not available, when the Properties are not in optimum condition for use, when it does not receive payment of the Seriousness Deposit, when the payment for the accommodation is not received simultaneously with the delivery of the Property or for any reason the Seriousness Deposit cannot be applied to the payment of the consideration for the accommodation in the date in which the Property should be delivered to the User in the date indicated in the Confirmation of Order, when it is not possible to carry out the delivery due to fortuitous case or causes of force majeure. The User may not revoke the User’s Offer under any circumstances.
Other important terms and conditions, authorizations and waiver of rights
VI.A. Other important terms regarding the Site, the Platform, the Properties and the accommodation. Casai and the User agree that any accommodation service under this Terms and Conditions shall be governed, in addition to the other provisions of these Terms and Conditions, as follows:
Cancellations and Refunds. All cancellations must be made 72 (seventy-two) hours before the day of the User’s scheduled arrival. In case the cancellation is not made within the indicated period, the entire stay will be charged and the Seriousness Deposit will be applied in its entirety to the payment of the same.
Check-in time and check-out time. The check-in time will begin at 15:00 pm on the day the stay begins and at such time the Property will be handed over. The User or the User’s guests registered on the Platform and/or the Site may receive the Property provided that they are of legal age, have a valid official ID and comply with these Terms and Conditions.
Check-out will be no later than 12:00 noon on the day the accommodation is actually finished. In the event that the User, the User’s guests or the User’s Property (including, without limitation, luggage and other personal items) remains on the Property after such time, Casai may (i) charge for an additional night’s lodging (and charge it to any form of payment by the User, for which the User irrevocably authorizes the User to make such charge), or (ii) vacate the Property by evicting the persons on the Property and/or removing the property from the Property (including the User’s luggage and other personal items) to the public road. Casai shall have no obligation to safeguard the property (including luggage and other personal items) of the User and the User’s guests at any time, and the User hereby releases Casai from all liability in connection with the foregoing, and agrees to remove the property in peace and safe from any claims related to the foregoing.
In the event that the User needs to enter (check in) or terminate the accommodation (check out) outside the indicated hours, the User may request it in writing at least 24 (twenty-four) hours before the User’s arrival at the Property through the Site or the Platform. The User’s request is subject to availability and confirmation by Casai, so the mere submission of the request does not imply acceptance by Casai. If the User’s request is approved, Casai will contact the User to confirm it.
Guests and visitors. In accordance with the description and characteristics indicated on the Site and/or in the Platform, each Property is intended to accommodate a maximum number of people. In the event that the User exceeds the maximum number of people in the corresponding Property, Casai may, at its discretion, (i) terminate the accommodation immediately, (ii) not allow more people to enter than those who correspond to the description and characteristics indicated in the Site and/or in the Platform for said Property, (iii) charge the User for each additional person who exceeds the capacity of the Property indicated in the description and characteristics indicated in the Site and/or in the Platform, or (iv) may require the User to change departments to one that can accommodate the corresponding number of people.
The User shall be responsible for the User´s guests and for any damage, they may cause and undertakes to indemnify Casai, its officers, employees and workers for any damage they may cause. In the event that any of them is a minor, the User must have the User’s parental authority or guardianship and/or be authorized by the person who has it to allow him/her to enter the Property. Under no circumstances may a minor stay in the apartment without the supervision and company of the User’s parent or guardian or without the express authorization of the same.
At all times, the User will be responsible for the behavior and actions of the User’s guests and visitors, as well as for compliance with Casai’s Terms and Conditions, applicable law and any other applicable norms or regulations.
Other terms and conditions regarding the accommodation and use of the Properties. By accepting these Terms and Conditions, and by the admission of their guests and visitors, said guests and visitors are obliged to comply at all times with the rules and other provisions established in the regulations of the Condominium in question, including those relating to third party services (including without limitation Uber, Ubereats and Rappi).
Smoking is prohibited anywhere on the Property, including balconies. The Properties are 100% smoke-free spaces. In the event that a guest is found to have smoked in the apartment, Casai shall be entitled to charge the User a penalty of US$500 (five hundred dollars of the United States of America) plus VAT per event, in addition to any other applicable penalties and its obligation to repair and indemnify Casai for any damage caused (including without limitation the collection of condominium fines).
The maximum limit of sound level allowed in the Properties between 22:00 and 6:00 the next day is 50 decibels (dB). In the event that User exceeds the permitted limit during the established hours, Casai shall be entitled to charge User a penalty of US$100 (one hundred United States dollars) plus VAT, per event, in addition to any other applicable penalties and its obligation to repair and indemnify Casai for any damage caused to User (including without limitation the collection of condominium fines).
Animals and/or pets are not allowed in the apartments and are prohibited from entering, including animals for therapeutic purposes.
In case any User, guest or person alters and/or manipulates the fire system, any type of alarms, smoke detectors, extinguishers and signs of the apartment or building, Casai shall be entitled to charge the User a penalty equivalent to US$1,000 (one thousand dollars of the United States of America) plus VAT, plus, if applicable, the cost of repairing said equipment.
The User must ensure at all times that the windows and doors of the apartment are closed when leaving the apartment. Casai will not be responsible for any theft or loss suffered inside the Properties.
The furniture, bedding, bath, cloths, technology, art and accessories of the Properties must remain within them at all times, and the User is obliged not to remove them from the Properties or damage and/or change them in any way whatsoever and is responsible for any damage or harm in relation to the above. Casai shall be entitled to charge the User a penalty of US$300 (three hundred United States dollars) plus VAT, in addition to the replacement cost at commercial value as new, of any of the missing and/or damaged furniture, linens, bedding, bath, cloths technology, art and/or accessories.
The penalties indicated here are agreed upon in addition to any other responsibility of the User and the User’s guests provided for in these Terms and Conditions, in any law, regulation or contract and, by virtue of the fact that the user will keep the possession of the Property from the delivery of the same until the end of the accommodation, the User agrees to be responsible for any damage and/or harm caused to Casai in the event that these Terms and Conditions are not complied with by the User, by any of the User’s guests or by any other person during said time and to pay any amount and/or penalty that may apply in accordance with the same
VI.B. Limitation of liability of Casai. Casai and the User agree that Casai will not be responsible for the total or partial loss of the User’s property, the User’s guests and/or any other person, including without limitation theft, loss, natural disasters, earthquakes, fires, floods, orders from competent authorities and any other. The User releases Casai from any liability in connection with the foregoing and agrees to take it out in peace and save for any claim in connection with the foregoing.
VI.C. Prohibition to the User and the User’s guests to sublet, to assign the use, to accommodate, to give in commodatum (bail out). In no case the User will be able to sublease, assign the use, accommodate or lend the Property. The User agrees not to perform any act by virtue of which a person other than the User and the persons registered on the Site and/or in the Platform as guests use the Property and not to allow access to any other person.
VI.D. Casai’s policy of compliance with the law. The User acknowledges that Casai may perform any act permitted or required under applicable law and regulations for the purpose of fulfilling its obligations under such applicable law and regulations, irrevocably authorizing the User to enter the Property, including when the User, the User’s belongings or the User’s guests are there, while staying there or thereafter and to carry out the measures it deems appropriate in accordance with its internal policies and/or security protocols without incurring any liability to the User, the User’s guests or any other person.
VI.E. Waiver of Rights. The User waives the right to claim any obligation and/or responsibility from Casai for damages caused by its employees, servants, officials or any other person, and agrees to remove him or her in peace and save for any claim in connection with the foregoing.
VI.F. Baggage retention authorization. Notwithstanding any other right pursuant to applicable law, the User irrevocably authorizes Casai to hold the User and the User’s guests’ luggage for as long as any debt exists with Casai until payment is made in full without implying the obligation of holding or keeping safe the luggage.
VI.G. Indeminity. The User acknowledges that Casai does not assume any obligation or responsibility that is not specifically set forth in these Terms and Conditions. The User hereby agrees to indemnify Casai, its employees, officers, directors, agents and affiliates for any and all damages, injuries, losses or losses arising out of the User’s failure to comply with its obligations under these Terms and Conditions (including without limitation court and attorney’s fees and expenses incurred by Casai) and agrees to hold such persons harmless from any and all proceedings, suits, investigations, inquiries and other proceedings, if any, brought against them in connection therewith.
VI.H. Inspection of the Properties and assets of the User and guests. The User authorizes Casai to conduct any audit of the Property and the assets of the User and the User’s guests (including, without limitation, the User’s luggage) at any time during the User’s stay and after the User’s stay is over. The User agrees to allow Casai, or any third party designated by Casai, to examine the Property and the personal property of the User and the User’s guests.
VI.I. Privacy Notice. The User agrees in writing that Casai will receive, manage and process the personal data that the User voluntarily transmits to it from time to time (including, where applicable, any sensitive personal data) and that the processing of such information will be in terms of the Privacy Notice included below. The User acknowledges that this consent is granted in writing and expressly by the User in terms of article 1,803 of the Federal Civil Code and the Federal Law on the Protection of Personal Data in Possession of Individuals. The user may consult the Integral Privacy Notice at any time on the site http://www.casai.com/aviso-de-privacidad.php
- Identity and address of the Responsible
Bararrías, S. de R.L. de C.V. with address in Calle Durango Nó. 357, Colonia Roma Norte, Cuauhtémoc, C.P. 06700, Mexico City, (hereinafter “Casai”) in its capacity as the person responsible for the processing of personal data, makes this Privacy Notice available to you, as the owner, in compliance with the provisions of the Federal Law on Personal Data in Possession of Individuals (Ley Federal de Datos Personales en Posesión de los Particulares), its Regulations and the Guidelines of the Privacy Notice.
- Personal Data
Casai, in its capacity as Responsible Party, may collect one or more of the following Personal Data:
- Personal Data: name, home address, date of birth, age, nationality, CURP, RFC, telephone number, landlinde or mobile, email, copy of official identification and copy of proof of address.
- Financial or property data. Information on bank accounts and credit cards, value and information regarding their properties, and any financial information that is necessary for the contractual relationship they have with the person in charge.
- Primary Purposes of Data Processing
In the case of users or clients who are natural persons of the services offered by Casai, their personal data may be used for the sale of memberships offered by Casai, for lodging or use in the properties determined by Casai, for acquiring Casai products and contracting any service provided by Casai, as well as for sharing them with third parties that sell products or provide services related to the above. The information will be used for: (i) to identify and verify the identity of users or customers, (ii) to send information on the use of Property, accommodation, acquisition of products and/or contracting of the services offered, (iii) to deliver information on products and services, (iv) to show publicity and advertising of related products and services to the ones offered by Casai, (v) address doubts, complaints and suggestions or any procedure related to the performance of services, and in the acquisition of the memberships offered by Casai, (vi) process payments from users or customers in consideration of services provided and/or to purchase additional products and services, (vii) invoice payments by any means, (viii) notify the user of the receipt of offers through his account, (ix) make authorized online payments to Casai by telephone or by any other means, and (x) request, contract, change or cancel services offered by Casai or by third parties.
In the case of owners or holders of the Properties with whom Casai intends to or has entered into a contract for the lease or use of the Properties, their personal data may be used for all purposes related to the performance of Casai’s services, including but not limited to (i) performing audits on the properties, (ii) preparing a catalogue of properties within a technology platform by means of a mobile application or through any other type, for the performance of services to users, (iii) reproducing photographs, videos, plans, diagrams, sketches, renders and any material of the properties, (iv) advertising and/or offering through any means the properties for rent or use, and (v) complying with regulatory obligations in charge of Casai, including any obligation for the prevention of money laundering and financing of terrorism activities.
- Secondary Purposes of Data Processing
We inform you that your Personal Data may be used for purposes that are not necessary for the performance of services, or have not given rise to the legal relationship of the Responsible Party, such as (i) offering promotions and events, (ii) conducting market research and analysis to learn the consumption preferences of our current or potential customers and to generate statistical reports, (iii) learning about consumption patterns or trends in the consumer segment of our products, (iv) receiving advertising in print or through electronic media, including communications for online marketing purposes or telemarketing about products and services, and (v) participating in surveys.
In case the Holder does not want the Holder’s Personal Data to be used for the Secondary Purposes described above, the User can communicate it through the following email: firstname.lastname@example.org
5.Sensitive Personal Data
The Responsible Party does not collect or process Sensitive Personal Data in the ordinary course of its business. If Sensitive Personal Data is collected and processed, such data shall be collected, maintained and processed with strict security and confidentiality for purposes related to the performance of services in accordance with this Privacy Notice and in compliance with the provisions of the Federal Law on Personal Data in Possession of Individuals.
- Transfer of Personal Data
Having read, understood and agreed to the terms set forth in this Privacy Notice, the Data Subject agrees that the Responsible Party or any Officers may transfer Personal Data to any third party, whether domestic or foreign, provided that such third party’s processing of the Data Subject’s Personal Data shall comply with this Privacy Notice and shall be used for the primary and secondary purposes set forth in Sections 3 and 4 of this Privacy Notice.
For the purposes of the provisions of this Section 6, the Responsible Party informs the Holder that in order to deliver products, services and solutions to its customers, consumers, employees, suppliers and other users of its services, the Responsible Party and/or its Officers have concluded or will conclude various commercial agreements with suppliers of products and services, both in national territory and abroad, to provide, among other services, the services of (i) telecommunications and electronic mail, (ii) administration and management of databases, (iii) automated processing of Personal Data and its storage, (iv) “call center” for customer service, (v) authentication and validation of emails, and (vi) telemarketing, credit card terminals and electronic billing. The authorization of the Data Subject granted in accordance with this Section 6 gives authority to the Responsible Party and/or its Officers to transmit the Data Subject’s Personal Data to such suppliers or third parties, provided that such suppliers or third parties are obliged, by virtue of the corresponding contract, to maintain the confidentiality of the Personal Data provided by the Responsible Party and/or its Officers and to observe this Privacy Notice. The Responsible Party and/or its Officers may transfer the Personal Data collected from the Data Subject to any other company of the same business group to which the Responsible Party belongs and which operates with the same processes and internal policies.
Notwithstanding the provisions of this Section 6 or any other Section of this Privacy Notice, the Data Subject acknowledges and accepts that the Responsible Party does not require authorization or confirmation from such Data Subject to carry out transfers of national or international Personal Data in the cases provided for in Article 37 of the Federal Law of Personal Data in Possession of Individuals (Ley Federal de Datos Personales en Posesión de los Particulares) or in any other case of exception provided for therein, its Regulations or the Guidelines.
In the event that the Data Subjects do not wish the Responsible Party to transfer their Personal Data, they may express their refusal by addressing a communication to the Controller at the following email address: email@example.com
- Limitation of use and disclosure
To prevent unauthorized access to your personal information and to ensure that it is used for the purposes outlined in this Privacy Notice, we have put in place appropriate physical, electronic, and managerial procedures to limit the use or disclosure of your information and to enable us to treat it appropriately. In addition, your personal data will be treated exclusively by those persons who carry out activities that require the knowledge of such data.
We inform you that your Personal Data will be safeguarded at all times under the highest security standards, guaranteeing at all times, the strictest confidentiality and privacy of the same.
At any time, the Holder may limit the use and disclosure of the Holder’s Personal Data by sending an email to the following address: firstname.lastname@example.org
At the same time, in order to limit the use and disclosure of the Personal Data, you may additionally register with the Public Registry to Avoid Advertising or Public Registry of the Consumer (Registro Público para Evitar Publicidad o Registro Público del Consumidor), which is in charge of the Federal Consumer Protection Office (Procuraduría Federal del Consumidor), which has the purpose that the Personal Data is not used to receive advertising or promotions by the companies of the telecommunications, tourism and commerce sectors, in their marketing practices. For further information about this registration, the owner can consult the PROFECO’s website.
- ARCO Rights
You have the right at all times to access, rectify, cancel or oppose the treatment we give to your personal data (the “ARCO Rights”), as well as to revoke the consent given for the treatment of the same; a right which you may exercise through the Special Unit for the Protection of Personal Data of Casai, whose details appear below. It is important that although the exercise of your ARCO Rights is free of charge, Casai may charge you for justified shipping costs and reproduction costs.
This request must contain at least your name, full address or other means of communicating the answer to your request, documents proving your identity and specifying clearly and precisely the personal data from which you are requesting access, rectification, updating or cancellation, the elements or documents in which the personal data can be found and indicating the reasons why you wish to access your personal data, or the reasons why you consider that your data should be updated, rectified or cancelled.
In addition, we ask you to consider that it is possible that Casai may deny access to the Personal Data or may not be able to rectify, cancel, block or grant opposition to the processing of all your personal data in accordance with the laws applicable to you, particularly in the following cases:
– When the applicant is not the Holder of the Personal Data, or the legal representative is not duly accredited to do so;
– When in its database, the Personal Data of the applicant is not found;
– When there is a legal impediment, or the resolution of a competent authority, which restricts access to the Personal Data, or does not allow the rectification, cancellation or opposition thereof, and;
– When the rectification, cancellation or opposition has been previously made.
Casai will inform you within a maximum period of 20 calendar days from the date on which it receives the request for access, correction, cancellation or opposition, of the determination made, so that, if appropriate, it becomes effective within 15 calendar days from the date on which the response is communicated.
We inform you that you may initiate the procedure for the protection of ARCO Rights, before the National Institute of Transparency, Access to Information and Protection of Personal Data (Instituto Nacional de Transparencia, Acceso a la Información y Protección de Datos Personales), within 15 calendar days from the date on which your request has been answered and this is not satisfactory to you, or, if the term indicated has elapsed, your request has not been answered.
In case you do not want us to process your Personal Data, you can send us your request by email to the following address: email@example.com, and you should receive an answer to your request. If necessary, we will inform third parties who have access to your data of this revocation.
- Special Unit for the Protection of Personal Data
For any doubt or clarification, as well as for the exercise of your ARCO Rights, please contact us by email at the following address: firstname.lastname@example.org or at the Casai address indicated in point 1. above.
If you have any questions, you can also contact INAI at http://inicio.inai.org.mx/SitePages/ifai.aspx
- Modifications to the Privacy Notice
Any changes to this Privacy Notice will be made available to the general public on Casai’s website and at our offices. It is the responsibility of the Owner to periodically review the content of the Privacy Notice at www.casai.com/avisodeprivacidad.
The correct functioning of the sites, applications and platforms of the Responsible Party and that of its suppliers requires the enabling of “cookies” in their browsers. Cookies are small data files that are stored on the hard drive of a user’s computer or electronic communications device when browsing a specific Internet site, which allows the exchange of status information between that site and the user’s browser. Status information may reveal means of session identification, authentication, or user preferences, as well as any data stored by the browser with respect to the corresponding Internet site. Most browsers automatically accept cookies by default, although the Holder can adjust the Holder’s browser preferences to accept or reject cookies. Disabling cookies may disable various features of websites or may cause them to be displayed incorrectly. In case the Holder prefers to delete the information in the cookies sent by the Responsible Party, the file(s) can be deleted at the end of each browser session.
Date of issue of the Privacy Notice: August 31st, 2020.
VI.J. Modifications. Casai may, at any time and when it deems appropriate, without notice to the User, make corrections, additions, improvements, amendments or modifications to the content, presentation, information, services, areas, databases and other elements of the Site, Platform and/or Membership, without this giving rise to any claim or compensation, nor does it imply recognition of any responsibility in favor of the User. Casai reserves the right to modify these Terms and Conditions at any time and without prior notice, provided that such modifications will not have retroactive effect and will only be applicable to visits to the Site and/or the Platform and operations carried out after such modifications. The User hereby agrees that the Terms and Conditions are only applicable to the operations that he or she carries out with Casai from time to time and agrees to be bound by the terms of any amendments to these Terms and Conditions for any operations that he or she carries out after such amendments.
VI.K. Assignment of rights and obligations. Casai and the User agree that Casai may assign, alienate, encumber or affect all or part of its rights and obligations under these Terms and Conditions without the prior consent of the User, for which the User grants his irrevocable authorization and consent. User may not assign, alienate, encumber or otherwise affect all or any part of its rights and obligations under these Terms and Conditions (including, without limitation, under the Membership) under any circumstances.
VI.L. Compensation. The User and Casai agree that, to the extent permitted by law, and the User irrevocably authorizes and empowers Casai to set-off any amount that the User owes to Casai at any time for any reason against any amount that the Casai owes (presently or hereinafter) to the User for any reason (i) without notice, demand or demand, and (ii) up to an amount equal to the amount of the amount not paid to you by Casai, plus interest and attachments, if any. Casai’s right under this Section is in addition to any other rights (including other rights of set-off) that Casai may have under any contract or under any applicable law.
VI.M. Unenforceability of any Stipulation. Any provision, convention or stipulation of these Terms and Conditions which is ineffective or unenforceable shall be ineffective or unenforceable to the extent that such provision is ineffective or unenforceable, without affecting the validity or effectiveness of any other provision, or stipulation of these Terms and Conditions.
VI.N. Total Agreement. These Terms and Conditions contain the entire agreement and understanding between Casai and the User and supersede all previous agreements and understandings between such parties that refer to the subject matter of these Terms and Conditions and may not be modified by communications between Casai and the User unless delivered in writing signed by attorneys-in-fact or with sufficient powers of both or by their own right. Consequently, the Terms and Conditions may not be contradicted or challenged by evidence of previous agreements or arrangements, emails, prior, simultaneous or subsequent of an oral nature between the parties. There are no oral agreements between CASAI and the User. In the event of any conflict or inconsistency between any communication between Casai and the User and these Terms and Conditions, the terms used in these Terms and Conditions shall prevail.
VI.O. Subsistence. All obligations of the User and its guests under these Terms and Conditions shall survive termination of the accommodation, sale of any products and/or provision of any services, as applicable.
VI.P. Headings. The headings, titles or subtitles used at the beginning of each one of the Clauses, the titles, subtitles, sections and paragraphs, have been incorporated with the sole purpose of facilitating their reading and, therefore, constitute only the reference of the same and will not affect their contents or interpretation. For the purposes of interpretation of each Clause, attention should be paid exclusively to its content and in no way to its heading, titles or subtitles.
VI.Q. Termination. Casai reserves the right, at its sole discretion and without notice to the User, to discontinue or stop disclosing information in the Site and/or in the Platform, as well as to terminate any and all Memberships, in each case, without liability to Casai, its affiliates, subsidiaries or suppliers.
VI.R. Legislation and Jurisdiction. Casai and the User agree that these Terms and Conditions will be governed by the applicable legislation in the United Mexican States. Casai and the User hereby expressly submit to the jurisdiction of the competent courts in Mexico City, Mexico, waiving any other jurisdiction that may correspond to them by reason of their present or future domicile or for any other reason.
VI.S. Language. Casai and the User agree that these Terms and Conditions are agreed upon in English and Spanish and that in the event of any discrepancy between the two languages, the Spanish version shall prevail.
VI.S. Irrevocable acceptance. By confirming that you have read and accepted these Terms and Conditions by pressing the “I accept” button, you consent to the contents of these Terms and Conditions (including without limitation the terms of the privacy notice and the processing of your personal data) and agree to be bound by them.
Last updated: 31 August 2020