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  Oct 19, 2014.    

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Terms and Conditions

Important legal information about the use of our website and our reservation policy.

Use of the website:

Reservation policy:

Use of the website

Terms of Use

  1. By using thisiscozumel.com you agree to be legally bound by these terms, which shall take effect immediately.
  2. If you do not agree to be legally bound by all the following Terms and Conditions, please do not access and/or use thisiscozumel.com.
  3. This is Cozumel may change these Terms and Conditions at any time by posting changes online. Please review these Terms and Conditions regularly to ensure you are aware of any changes made by This is Cozumel. Your continued use of thisiscozumel.com after changes are posted means you agree to be legally bound by these terms as updated and/or amended.
  4. This is Cozumel offers a range of news and information through its website thisiscozumel.com. While every effort has been made to ensure the accuracy of information on this site, we cannot accept responsibility for any errors.
  5. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use thisiscozumel.com content (inclusive of text, images, URLs, pricing information, etc.) in any way except for your own personal, non-commercial use. Any other use of thisiscozumel.com content requires the prior written permission of This is Cozumel (please click here for more information).
  6. You agree to use thisiscozumel.com only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of thisiscozumel.com.
  7. Your use of thisiscozumel.com is intended for personal, noncommercial use and/or to make legitimate requests to book the products or services offered. You agree not to use this site to make any speculative, false or fraudulent requests. You agree not to use robots or other automated means to access this site, unless specifically permitted by This is Cozumel.
  8. You represent and warrant that you (a) have not previously been suspended by This is Cozumel or otherwise banned from the site; (b) are not a direct competitor of This is Cozumel; and (d) that you have full power and authority to enter into these Terms of Use and in doing so will not violate any other agreement to which you are a party.
  9. We grant you permission to use the site subject to the restrictions in these Terms and Conditions. In accessing or using the site, you may be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. This is Cozumel does not endorse such content, and cannot vouch for its accuracy. You therefore access and use the site at your own risk.
  10. Use of our affiliate pages with Viator.com and any reservations made through them are subject to Viator's own Terms and Conditions available here.

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Privacy Policy

  1. We may collect the email addresses of those who communicate with us by email. The email addresses are used to contact existing or potential business customers. Consumer-provided emails are kept only for the purpose of providing consumer advice and assistance.
  2. We may place cookies on visitors' hard drives to collect information on the number of visitors to our site and the number of pages viewed.
  3. Cookie information is used only by thisiscozumel.com and is not provided to any other organisation. It is used for traffic analysis and to provide relevant information to our visitors.
  4. We also use third-party advertising companies, including Google, to serve ads when you visit our website. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, click here.
  5. Enquiries about Cozumel real estate may be shared with our real estate partners, but otherwise we will not share business or consumer email addresses you give to us with other marketers unless you agree.
  6. We may collect click-stream data and HTTP protocol elements through access logs. This information is not personally identifiable.
  7. Reservations made through our Viator affiliate pages are subject to their privacy policy here.

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Restrictions on Use

  1. In using the thisiscozumel.com site you agree that you will not, and will not assist or enable others to:
    1. Use the site to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another user's use of the site;
    2. Use the site to submit or transmit spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;
    3. Use the site in a manner that may create a conflict of interest, such as trading reviews with other business owners or writing or soliciting reviews;
    4. Use the site to promote bigotry or discrimination against protected classes;
    5. Use the site to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
    6. Use the site to submit or transmit pornography or illegal content;
    7. Use the site to solicit personal information from minors or to harm or threaten to cause harm to minors;
    8. Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index the site or any site Content;
    9. Attempt to gain unauthorised access to the site, user accounts, computer systems or networks connected to the site through hacking, password mining or any other means; use the site or any site content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses"); use any device, software or routine that interferes with the proper working of the site, or otherwise attempt to interfere with the proper working of the site; make excessive traffic demands; use the site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the site or site content; remove, circumvent, disable, damage or otherwise interfere with any security-related features of the site, features that prevent or restrict the use or copying of site content, or features that enforce limitations on the use of the site.

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User Accounts

  1. You may need to create an account and provide information about yourself in order to use some of the features on the site. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorised use of your account.
  2. Your account is for your personal, non-commercial use only. You may not impersonate someone else (e.g., adopt the identity of a celebrity), create an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts.
  3. We reserve the right to close your account at any time for any or no reason.

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User Content

  1. You can contribute to the site using Disqus, including writing reviews and adding comments (your "Content").
  2. All content added using Disqus is subject to their Terms and Policies here.
  3. Where it does not run contrary to Disqus's Terms and Polices:
    1. We may use your Content in a number of different ways, including displaying it on the site, reformatting it, editing it for clarity and grammar, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms ("Other Media"). As such, you hereby irrevocably grant us permission to use your Content for any purpose. You also irrevocably grant the site's users and the users of any Other Media the right to access your Content in connection with their use of the Site and any Other Media. Finally, you irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to your Content.
    2. You alone are responsible for your Content. You assume all risks associated with your Content, including anyone's reliance on its accuracy, completeness or usefulness, or any disclosure by you of information in your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use, and authorise the use of, your Content as described herein. You may not imply that your Content is in any way sponsored or endorsed by This is Cozumel.
    3. You may expose yourself to liability if, for example, your Content violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is false, intentionally misleading, or defamatory; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
    4. We may remove or reinstate user Content from time to time at our sole discretion. For example, we may remove a review if we believe it violates our content guidelines. We have no obligation to retain or provide you with copies of your Content, nor do we guarantee any confidentiality with respect to your Content.
    5. This is Cozumel may display advertisements and other information adjacent to or included with your Content on the site and other media. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.

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Reservation Policy

This is Cozumel offers reservations of tours and other services (“products”) through its website (thisiscozumel.com). Our Terms and Conditions contain important legal information and obligations and form the basis on which we accept reservations, so please read them carefully.

Unless otherwise stated, reservations made through the thisiscozumel.com website are subject to these Terms and Conditions and the person making the reservation shall be deemed to have accepted these conditions on behalf of everyone in the reservation. Variations to these Terms and Conditions will only be valid if made in writing with the authority of This is Cozumel.

Pricing and Inclusions/Exclusions

  1. We guarantee you the lowest price.
    1. If you book with us and then find the same product cheaper, let us know at least 48 hours before the service date and we'll refund the difference plus 10% of the difference.
    2. After checking it is an identical product available for the same time and date, we make the refund within 10 working days, via PayPal.
  2. Prices listed on thisiscozumel.com are per person and in US Dollars, unless otherwise specified.
  3. Price quotations are subject to change without notice, until a reservation has been confirmed.
  4. Unless otherwise specified, prices include any local taxes or other fees, there are no hidden extras.
  5. Prices do not include optional tips/gratuities.

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Payments and Cancellations

  1. Deposits and payments are taken to guarantee your reservation. They are not refundable unless you are arriving on a cruise ship and it cancels its stop in Cozumel, or, if the service is cancelled by us or the service provider (e.g. if a water activity tour were to be cancelled in the case of choppy seas).
  2. If you are on a cruise and your ship changes route and doesn't stop in Cozumel, or if we or the service provider have to cancel your reservation for any reason, we will refund your deposit or payment, in full, within 5 working days of the reservation date, via PayPal.
  3. This is Cozumel usually processes payment using PayPal and so you can use a PayPal account or pay by credit/debit card with or without opening a PayPal account. In some cases we can also accept payment by bank transfer, but this is not guaranteed.
  4. No refunds are available once a tour or service has commenced.
  5. Cancellations with less than 48 hours notice and non-arrivals ("no-shows") will be charged at full price, except if you are on a cruise and your ship changes route and doesn't stop in Cozumel.
  6. All payments will be made to Communication Common Ltd in the United Kingdom, the owners of the This is Cozumel website and brand.

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Product Validity and Reservation Changes

  1. All products, tours and services offered by This is Cozumel are valid as per the dates displayed at thisiscozumel.com. This is Cozumel is not responsible or liable for any information that it does not directly provide.
  2. Requests for changes to reservations must be directed to the This is Cozumel using the contact form here or by replying to one of the emails you received from us. We will then process the request.
  3. Changes to the reservation date/time or other details (e.g. tour version or car rental model) will be made subject to availability, but there is no guarantee and an administration fee of $20 USD will be charged for any successful changes.
  4. If you are on a cruise and it changes the date it is due to stop in Cozumel we will change your reservation to the new date, for no extra charge. If there is no availability for the new date we will offer you a different product or a full refund (see Payments and Cancellations).
  5. Occasionally our suppliers and/or service providers make changes to tour dates, prices, inclusions, coverage, age requirements, etc. As a result, This is Cozumel reserves the right to cancel, change or substitute any service, tour, ticket or product that you have booked at thisiscozumel.com, at any time, for any reason.
    1. In such cases, if you are dissatisfied with the alternatives offered, you are entitled to a full refund of what you have paid.
    2. Notwithstanding the above, when we are informed in advance by our agents, service providers and/or suppliers of a significant change to a booking and/or to a tour, product or event, we make every reasonable effort to notify the consumer, travel agent and/or distributor as appropriate, in order to amend or re-issue the booking where feasible.

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Independent Service Providers

  1. When we act as an agent making a reservation with an independent service provider this will be clearly stated with the name of the service provider on the reservation E-ticket.
  2. While we select who we work with carefully, This is Cozumel makes no representations or warranties of any kind regarding independent service providers or their services.
  3. When receiving confirmation of a reservation with an independent service provider, customers acknowledge and agree that, in addition to This is Cozumel's standard Terms and Conditions, This is Cozumel nor its agents are liable for any accidents, losses, injuries, damages, delays, expenses due to any action or inaction on the part of the service provider or their services.
  4. If for any reason you do not want a reservation with the service provider we have confirmed you can contact us within 48 hours (or up to 48 hours before the service date, whichever sooner) using the contact form here or by replying to one of the emails you received from us. We will then offer you the same service with another provider or cancel and refund any payment you have made in full, via PayPal.

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Cruise Ship Times

  1. We are happy to give advice to cruise ship passengers and have never had a customer miss a cruise ship departure, but ultimately it is your responsibility to make sure you will arrive in time for your reservation and get back to your ship in time for its departure.
  2. We recommend that you arrive back to your ship at least one hour before it departs.
  3. Some cruises have a "ship time" one or two hours ahead of local Cozumel time. For example, 10am ship time (on your itinerary), could be 9am Cozumel time, so please double check with your cruise line if you are not sure or ask our advice.

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E-tickets

  1. E-tickets are required for all reservations. They show how much (if anything) is due on arrival, and include important directions and local contact details.
  2. We send you your E-ticket after you've paid or made a deposit for your reservation, your reservation is not confirmed until your E-ticket is issued.
  3. You should print out your E-ticket to take with you. If you can't print it out you can have it available on your phone or simply write down the important details -- including the reservation number -- to take with you.
  4. It is your responsibility to take your E-ticket with you. If you don't receive your E-ticket you should contact us and we will re-send it.

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Disclaimers and Limitations of Liability

  1. Under no circumstances will This is Cozumel or its agents be liable for any of the following losses or damage (whether such losses where foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of thisiscozumel.com regardless of the form of action.
  2. This is Cozumel in making reservations for tours, car rentals, transportation or any service in connection with the itineraries of individual customers, shall not be liable for injury, damage, loss, accident, delay or irregularity, liability or expense to person or property due to act of default by any service provider or other company or person providing services included in the reservation.
  3. Furthermore, This is Cozumel accepts no responsibility for any sickness, pilferage, labour disputes, machinery breakdown, government restrains, acts of war and/or terrorism, weather conditions, defect in any vehicle of transportation or for any misadventure or casualty or any other causes beyond their control.
  4. This is Cozumel’s content - including the information, names, images, pictures, logos, prices, dates, and availability regarding or relating to This is Cozumel and/or service provide is provided “AS IS” and on an “AS AVAILABLE” basis without any representations or any kind of warranty made (whether express or implied by law) to the extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
  5. At This is Cozumel we check and recheck the details about all the products and services we offer for accuracy. However, This is Cozumel does not warrant that functionality, content or information contained on thisiscozumel.com website will be uninterrupted or error free, that defects will be corrected, or that thisiscozumel.com or the servers that make it available are free of viruses or bugs.
  6. If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.

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This is Cozumel Gift Certificates

  1. Gift certificates are not redeemable for cash.
  2. Gift certificates are only valid for services sold directly by This is Cozumel, not third-party vendors such as Viator.
  3. Reservations made with gift certificates are subject to availability.
  4. Gift certificates are valid for one year from date of purchase.
  5. Gift certificates can be applied towards reservations of a greater value than the credit value, with the difference being paid by separately, but if the reservation value is lower than the credit value change cannot be given.
  6. In the unlikely event of a reservation being cancelled by us or the service provider, the refund of the certificate value will be made in the form of another This is Cozumel gift certificate.
  7. Normal tour Terms and Conditions still apply for reservations made with gift certificates.
  8. This is Cozumel reserves the right to cancel gift certificates obtained fraudulently.
  9. This is Cozumel is not responsible for stolen or lost gift certificates.
  10. All gift certificate sales are final and are not refundable.

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Passports, Visas and Insurance

  1. It is the responsibility of all passengers, regardless of nationality and destination, to check with the consulate of the country they are visiting for current entry requirements.
  2. As visa and health requirements are subject to change without notice, we recommend that you verify health and visa requirements with the appropriate consulate prior to departure.
  3. We strongly recommend that you purchase a comprehensive Travel Insurance Policy prior to departure. If you cancel your trip or significantly alter travel dates, many policies will reimburse the cost of cancellation fees and related expenses.

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