Términos & Condiciones

Aviso de Privacidad

In compliance with the Federal Law of Personal Data in Possession of Individuals (the “Law”) and its Regulations, Grupo Emark S.A. de C.V. (hereinafter Emark Group, Emark), its registered trademarks, as well as its subsidiaries and affiliates, if any, as well as third parties with which Emark Group has or will enter into a contractual relationship in order to provide personalized services, with address located at Ave. Tulum, SM 15A, MZA 3, in the City of Cancun, Quintana Roo C.P. 77505, inform you that Emark Group, protects and safeguards your personal data to prevent damage, loss, destruction, theft, loss, alteration and unauthorized processing of your personal data, making you aware of the terms and conditions of the Privacy Notice of Personal Data (“Privacy Notice”)  of  Emark Group.

Datos que recolectamos

What information do we collect?

The personal information you provide to Emark Group through its website, www.emarkgroup.com by using our online services, in writing and/or via telephone includes: (I) first and last name, gender (male or female), date of birth, telephone, e-mail and address, (II) financial information, (II) passport number. We may also collect personal information related to your preferences in the consumption of our tourism services, as well as the products and services offered by our suppliers. To ensure that the personal information you freely and voluntarily provide is accurate and current, Emark Group may collect information from other sources such as credit bureaus.

In case you request our services and agree to satisfy your need for tourism, corporate or other services, we may require a copy of your official photo identification, and we may collect through the information you provide us, some personal data in general from third parties related to the services we market through our online reservation system, by mail and by telephone.

The processing and collection of personal data of third parties that you provide to Emark Group complies with all the principles set forth in the Law (article 6) legality, consent, information, quality, purpose, loyalty, proportionality and responsibility through security and confidentiality measures in accordance with the terms and conditions contained in the Privacy Notice.

When you register in our different channels and systems or when you make a purchase, all your personal data and your payment methods are protected in our database, being used only to make purchases authorized by you online or by telephone.

You consent to the processing of your personal data in accordance with the terms and conditions of this Privacy Notice. As for financial data such as your credit card number, expiration date of the same in accordance with articles 8°, 10° and 37° of the Law are not considered data that require your express consent to be used.

What do we use your information for?

The personal data we collect from users through our internet sites www.emarkgroup.com, by telephone or by mail, sending documentation and information on the status of reservations of services, events, online or telephone assistance, purchase history, evaluation of the quality of service and processing, suitable in general for greater satisfaction and customer experience. Your data will be used for the purposes of identification, verification and confirmation of the services booked by you with Emark Group in order to fulfill the obligations undertaken with and by you and with our suppliers of tourist or corporate services that Emark Group trades.

In addition, we may use your personal data for sending promotions, offers and other advertising purposes from our various tourism service providers that trades with Emark Group.

Transferencia de datos, nacional e internacional

Under the provisions of Articles 36 and 37 of the LFPDPPP your personal data may be transferred and / or shared to business partners, suppliers, affiliates and others for the confirmation of their booking services to which it is understood by reading this Privacy Notice that you have consented to the transfer of your personal data and does not express opposition to them being transferred having granted the proper authorization of the owner of such personal data. Either by virtue of a contract entered or to be entered into in the interest of the owner, by the person responsible and a third party. Emark Group is not responsible for the content and privacy policies of external websites.

When the transfer is necessary for the fulfillment of a legal relationship between the person responsible and the holder, such as tourism service providers, banking and credit institutions. As well as subsidiary or affiliated companies through commercial agreements with Emark Group, parent companies or any company in a commercial relationship that operates with the same processes and internal policies, obliged under the same terms in compliance and inherent security and confidentiality measures.

With whom do we share your information?

Emark Group may transfer your personal data to domestic or foreign third parties only to fulfill the services contracted to Emark Group’s subsidiaries and affiliates, for the purposes set forth in this notice; by requirement of an authority for the fulfillment of obligations arising from a legal relationship between the holder of the personal data and Emark Group.


What security measures and controls do we use to protect your personal information?

All information and personal data that you provide to us through the use of our web site, www.emarkgroup.com, online services, in writing and/or by telephone, will be stored in a database owned by Emark Group. Emark Group may use “cookies” or “IP addresses”, to confirm your identification when accessing our website, with the purpose of providing you with a personalized service because it allows us to determine your preferences through our website in order to identify your habits and preferences through the use of “cookies”, we do not collect personal data from users in terms of the Law and its Regulations.

Cookies are files or text files automatically downloaded and stored on the hard drive of the computer equipment inside the user through to record the user’s activities on a particular website. The purpose of Cookies is to provide the user with faster access to selected services by providing and offering each user useful information that is or may be of interest to them.

How to modify the use of cookies in your browser?

The user can configure your browser permissions to accept or reject the installation of cookies sent by the web, without affecting the user’s ability to access the contents. You can also delete all cookies that already exist on your computer at any time.

We strive to maintain the security and confidentiality of the site so the data that users enter on our website will be protected with SSL security certificates and encryption through specialized web security systems.

For information about the responsible use and handling of your personal data, please send an email to the person in charge of Emark Group SA de CV customer service area to Gilberto Pérez, at the following email address legal@emarkgroup.com

How to limit the disclosure or use of your personal data?

Only Emark Group has access to the information collected once you agree to subscribe through a button on the website accepting the subscription in which you would receive via email newsletters, promotions and related offers which may include business partners, suppliers or affiliated companies of Emark Group. You can also unsubscribe your email address to stop receiving these emails for informational purposes.

The use of ARCO Rights and Revocation of consent for the processing of your data.

Article 28 of the LFPDPPP, and its four rights of use:

1. The holder has the right to access his/her personal data held by the responsible party and to know the Privacy Notice and its purposes.

2. The holder has the right to rectify their data if it is inaccurate, incorrect or outdated.

3. The holder has the right to cancel his/her personal data when he/she considers that they are not being used for the fulfillment of the purposes established in this Privacy Notice.

4. The holder has the right to object to the processing of his/her personal data with respect to any of the purposes set forth in this Privacy Notice.

Right to revoke your consent for data processing

Article 8 of the LFPDPPP, provides the possibility to revoke the consent given for the processing of your personal data. You have the right to revoke your consent to the use of your personal data for the exercise of the ARCO Rights (access, rectification, cancellation and opposition to the processing of personal data) provided in this notice or revoke the consent you have given to Emark Group for the processing of your personal data.

However, Emark Group informs you that keeping your personal data in its database will allow Emark Group to better understand your needs based on your history and thus offer you a better service in your future reservations.

As holder of personal data, you may exercise your ARCO Right, by sending your request, through the email account legal@emarkgroup.com , to the attention of Gilberto Perez, and must contain the following:

-Full name and telephone number or address.

-Copy of official identification with photo that certifies you as the owner of the data to which you wish to 

access or, if applicable, as the legal representative of the owner.

-Specify the treatment you want to be done with the personal data collected.

-Locator or voucher number. With this information we can quickly find your data.

Upon receipt, Emark Group will have a period of 20 business days to respond to your request, however, such period may be extended for an equal period of time, which will be notified to you, by the means that you have indicated for such purposes, indicating the reasons for such extension, in accordance with Article 32 of the Federal Law on Protection of Personal Data held by Private Parties.

Likewise, we inform you that in terms of the Law and its regulations (previously mentioned), as of January 6, 2012, you may initiate the ARCO Rights Protection procedure, before the National Institute of Transparency, Access to Information and Protection of Personal Data (INAI), within 15 days following the date on which Emark Group provides a response to your request and this is not satisfactory, or, if after the term indicated, if Emark Group does not provide a response to your request.

We reserve the right to change this Privacy Notice at any time. If there are any changes to this Privacy Notice, you will be notified through our website www.emarkgroup.com 

Consent to the processing of personal data the holder of personal data declares that he/she has read and agrees to the terms and conditions of the Privacy Notice made available to him/her, knowing the purpose of the collection and processing of his/her personal data, as well as the procedure for the exercise of his/her ARCO Rights.

Date of last update: this Privacy Notice, modified November 02, 2023.  

Términos & Condiciones

Política de reservaciones

Términos y condiciones para el uso del sitio web www.emarkgroup.com 

1. Acceptance of terms and conditions.
Thank you for choosing the services, acceptance services of www.emarkgroup.com website and trademarks, hereinafter referred to as “SITE”, by accessing this website, the “SITE”, you are accepting terms and conditions, please review carefully .In case the “USER” does not agree with these general terms and conditions, he/she must cease its use immediately and not access the “SITE”. The terms and conditions stated are subject to change without notice.

Travel Agency (Operator) , DMC ( Destination Management Company),  Grupo Emark S.A. de C.V., which contracts and/or acts as an intermediary through its reservation page www.emarkgroup.com , in benefit of a “USER”, respectively to tourist  and or corporate group or “FIT” individual services provided directly by an end supplier, hereinafter this company will be referred to as “EMARK GROUP”.

Webpage www.emarkgroup.com , which acts as an intermediary, offering through Internet to the “USER”, various tourist   and or corporate group or “FIT” individual services provided directly by a PROVIDER, hereinafter referred to as the “SITE”. 

User: Client or traveler  – Shall be the person who uses the “WEBSITE” www.emarkgroup.com , in order to make use of the intermediation and or booking engine of “EMARK GROUP”, in lieu to enjoy any of touristic services provided directly by the final PROVIDER, hereinafter is referred as “USER”.

Provider: Company or person who directly provides touristic services to the “USER”, by contracting, booked or acquired to be provided a future service the intermediation and booking engine of the “SITE” www.emarkgroup.com 

2. Nature of object to perform

Consists of the INTERMEDIATION that will exist between the EMARK GROUP site www.emarkgroup.com , the “USER” and the SUPPLIERS, where EMARK GROUP for the effects of the present Terms and Conditions, will act only and exclusively as INTERMEDIARY, from its operations center located in the City of Cancun, Quintana Roo, as well with other different branches within the country providing to the “USER” through its “WEBSITE” in an enunciative but not restrictive way, the service of reservation of terrestrial and  other ground and air transports; reservation of vehicles, excursions, cruises, reservation in hotels and lodging establishments; reservation of travel packages; among others, so once reservations are confirmed to the “USER” by EMARK GROUP and filial with the tourist services chosen by the “USER” (according to his availability to book), it will be concluded with the provision of the intermediary service by EMARK GROUP through its “SITE” www.emarkgroup.com , since said tourist services will be provided to the “USER” by the SUPPLIERS directly.

3. Reservation Policies
Rates shown on the “SITE” Web www.emarkgroup.com , are only valid at the time of your quote. A reservation is considered completed when the “USER” has a confirmation number, and corresponding charge has been applied.

All reservations are subject to availability when processing your request. Availability cannot be guaranteed until full payment has been received. For some reservations, availability must be checked directly with the reservation department of the SUPPLIER before they can be confirmed. EMARK GROUP requests a minimum of 48 (forty- eight) hours to ensure availability and confirmation. The “USER” must keep his reservation number to print travel document(s) that EMARK GROUP will issue.

If the “USER” wants to change or cancel reservation, should contact any of our EMARK GROUP Reservation Center Advisors with its reservation number. EMARK GROUP suggests reading carefully clauses referring to Cancellation Policy. Any change of reservation is subject to availability and re-quotation of rates. For further information, the “USER” should contact our EMARK GROUP travel consultants referring its booking /reservation number. EMARK GROUP will issue a confirmation number to identify your reservation service

4. Payment policies.

For the payment of your reservation, we accept Visa, Master Card and American Express credit cards. If the “USER” does not have any of these credit cards, can send us a bank transfer, by contacting our travel Advisors.

EMARK GROUP informs you that some banks and credit card companies impose charges for international transactions, which may vary from time to time, in addition to any taxes required under applicable law. If you are making a reservation with a PROVIDER outside of Mexico using a credit or debit card from Mexico, your bank may convert the amount due into your local currency and charge you a conversion rate. In addition, the exchange rate used by the bank may be different from the rate shown on our currency converter. This means that the amount entered on your credit card statement may be in Mexican pesos and may be a different amount than the amount shown on the billing summary page for a reservation made on the “SITE”. The exchange rate and the charge for the international transaction are determined only by your bank on the day the transaction is processed.

5. General cancellation policies.


EMARK GROUP reserves the right to contract, on behalf of the “USER”, the services referred to and specified in these Terms and Conditions precisely in the quality and/or categories contracted, if the “USER” makes use of the service, it will be understood and consented to such modification and no claim, compensation or refund will be made. Once EMARK GROUP receives from the “USER” the amount of the contracted services, in conjunction (package) or any other, EMARK GROUP has the authorization of the “USER” to issue or acquire the contracted services by its name adhering and accepting both EMARK GROUP and the “USER” the cancellation, issue and sale policies.

Therefore, EMARK GROUP, makes the “USER” aware of the General Cancellation Policies of the tourist services offered through its “SITE”:

Hotel reservations, transportation and various services are subject to applicable penalties according to the day on which the cancellation is requested. Do not request modifications before the beginning of the trip, the reserved services are valid only for the dates specified in the reservation voucher.

Examples of some cases of cancellation policy

Cancellations made 3 days or more prior to the scheduled service will be charged 20%.

Cancellations made 2 days prior to scheduled service apply a 50% charge.

Cancellations made 0 to 1 day before the scheduled service applies a 100% charge.

No refunds apply for no-show at the agreed meeting point to start the activity, transportation or service.

All modifications are subject to the availability and authorization of our suppliers.

Some tours and activities are not subject to cancellation.

For any clarification or comments, you can send an email to info@emarkgroup.com ,should have the full name of the person traveling and voucher number to provide you a better service.

6. Privacy Policy, Security and Privacy Notice.
For Grupo Emark S.A. de C.V. it is important to protect your privacy and to comply with the Federal Law on the Protection of Personal Data in the Possession of Individuals, applicable to data protection provided through its website www.emarkgroup.com  (the SITE), for which we have security procedures applicable in the industry, designed to protect users from unauthorized access inside and outside the company.

In order to contract some of the services offered by the “SITE” www.emarkgroup.com , it is necessary that the “USER” voluntarily provides some personal information to identify such as: name, date of birth, address, telephone number, e-mail address and some data of their credit card, debit card or service card, as well name of the people who will use the services, among others. The “USER” states that he has read EMARK GROUP’s PRIVACY NOTICE, the terms incorporated therein and agrees that the terms of such policy are reasonable. The “USER” consents to the use of his personal information by EMARK GROUP and/or its SUPPLIERS and distributors, third parties in accordance with the terms of the EMARK GROUP’s PRIVACY NOTICE and for the purposes set out in that notice. For further information about the treatment of their personal data, the “USER” may access the complete Privacy Notice at  wwww.emarkgroup.com/privacy-policy/

 

7. Disclaimer
EMARK GROUP will not be responsible, nor assumes any responsibility, for any damages or viruses that may infect your computer or any other property of the “USER” due to your access, use or browsing of this “SITE”, or your downloading of any materials, data, text, images, video or audio from the “SITE”. in no event shall EMARK GROUP be liable for any injury, damage, loss, claim or any special, punitive, indirect, incidental, negligent or consequential damages resulting from (a) any use of this “SITE” or the content contained herein; (b) any failure or delay (including, without limitation, the use of, or the inability to use any component of this “SITE”.

8. Links to “SITES
This “SITE” may contain links to other web “SITES” which are provided solely for your convenience and benefit and not as an endorsement of EMARK GROUP or its site www.emarkgroup.com. Emark Group and its site www.emarkgroup.com reserve the right to disable any unauthorized links or frames and assumes no responsibility for the content of any other Internet sites linked to or from this Site. Access to any linked or hyperlinked Site is at the User’s sole risk.

This “SITE” contains links to various social pages, including Facebook pages with user names: Emark Group , and various social media using name of Emark Group or its brands, this accounts managed by EMARK GROUP; The “USER” acknowledges that such Pages are solely for informational and social purposes of the EMARK GROUP, and EMARK GROUP will not be liable in any way whatsoever for any content, information, third party postings, comments, photographs, videos, hashtags, nor any other material outside the scope of the direct management of EMARK GROUP, nor for the material shared on such “SITES” by the “USER” or any third party and outside the management of EMARK GROUP may violate the industrial property rights or copyrights. The “USER” is responsible for the use that he may make of said “SITES”, and the “USER” releases EMARK GROUP from all responsibility for any incorrect or malicious use that he may make of the same, or for publications, information, comments, and diverse material that may be offensive, insidious, erroneous, pornographic, or that may incite violence, rebellion, strikes, or any other activity not permitted by the law and good customs.

9. Obligations of the user
PROVIDE TRUE AND RELIABLE INFORMATION The “USER” is obliged to provide truthful and correct information about the ages, sex, first names or surnames of both the “USER” and the other USERS that accompany with all complete data in lieu to elaborate the itinerary and or the reservations of ground transportation and or maritime services (hotels, tours, car rentals etc.), releasing EMARK GROUP from any responsibility for changes of itinerary generated by badly provided data, or for any error in the data provided by the “USER” for the issuance or purchase of air tickets, adhering in its case to the cancellation clauses for air, land, sea or cruise services expressed in these Terms and Conditions.

THE USERS SHALL RESPECT THE REGULATIONS AND CONDITIONS OF THE SERVICES ESTABLISHED BY THE DIRECT SERVICE PROVIDERS AND PROVIDERS.

The “USER” agrees to abide by and respect the regulations and conditions of the or services established by each of the SUPPLIERS and direct service providers for pre contracted service by the “USER” through the

intermediation of the EMARK GROUP website www.emarkgroup.com , and therefore EMARK GROUP must make them aware of most important travel recommendations, however the direct service provider may make them aware of new or additional conditions of service for which EMARK GROUP has no responsibility and consequently declines any liability that could arise from their failure to comply. Likewise, the “USER” must by his own means obtain the passports or immigration documents required by the authorities of the United Mexican States, and of the countries of destination or transit, such as visas, health permits, and all those documents required by the Customs, Air, Maritime, Airport, Federal, State, Municipal and other authorities, which are necessary to carry out his trip, releasing EMARK GROUP from any problem or situation that may arise with such authorities. In the case of international trips, the “USER” commits himself to present at the airports and document himself before the airlines at least THREE HOURS IN ADVANCE for international flights and TWO HOURS IN ADVANCE for national flights, except for the express written instruction that he receives from EMARK GROUP to present himself.

10.  Disclaimer of responsibilities
By virtue of the fact that EMARK GROUP, through its web page www.emarkgroup.com, provides services as a reservation agent only as an INTERMEDIARY between the “USER” and the direct SUPPLIER or SUPPLIERS of the tourist services promoted in this “SITE”. does not assume and will not assume any responsibility generated by any relationship between the “USER” and the Final Service Providers, therefore

the “USER” releases EMARK GROUP from any responsibility, for any failure or lack of compliance by the PROVIDER or direct PROVIDERS of the tourist services, including without limitation any failure or compliance by the airlines, hotels, temporary accommodation PROVIDERS, shipping companies and all kinds of ships, PROVIDERS of water sports, car rental agencies, transportation agencies, tour operators, diving instructors, snorkeling instructors, golf instructors, swimming with dolphins instructors, fishing instructors, land adventures and extreme sports providers, water parks, ecological parks, and in general any failure or lack of compliance by all those tourist services that are provided directly by one or more PROVIDERS and not directly by EMARK GROUP.

In the same way, EMARK GROUP will not be responsible and the “USER” releases EMARK GROUP from all liability in respect of the veracity of the photographs shown on its “SITE”, are provided to EMARK GROUP for insertion by the direct SUPPLIERS of the services.

With respect to the terms and conditions and/or policies of direct service providers. EMARK GROUP will not assume any responsibility and the “USER” hereby releases EMARK GROUP from all liability, as well as from all claims, costs, expenses or losses that the “USER” may suffer including any personal or third-party injury, accident or death, damage to personal belongings, loss of fun, anger, disappointment, distress or frustration, whether mental or physical, provided that they are the result of;

Acts or omissions of any person other than EMARK GROUP or its employees.

Illness, theft, labor disputes, mechanical failure, quarantine, government action, weather, or any other cause beyond the direct control of EMARK GROUP.

Impossibility of the “CLIENT” to travel due to not having the required documents such as, but not limited to passports with at least 6 (six) months of validity after the date the trip ends, visas, personal identifications, prescriptions or medical documents, certificates, health permits and all the documents associated and required by the airport, customs, maritime and air authorities of Mexico and the countries you visit. We also inform you that some countries require that your passport must have at least two pages free of stamps or visas for traveling.

Any failure or fault by the part of the direct SUPPLIER in providing the services to the USERS.
Any failure or fault by the part of the “CLIENT” at the time while enjoying the contracted services
Any failure of the “CLIENT” to follow instructions, but not limited in departure times, hotel check-in and check-out times and dates, coupons redemption policies.

Any other event is not under the direct control of EMARK GROUP. Any failure or fault by the part of the “CLIENT” who has the responsibility in observing and or comply with the terms and conditions, policies, instructions, recommendations, security measures, among others, of the final PROVIDERS of the service.


Any case or cases of force majeure or fortuitous cases such as: strikes, delays, flight cancellations, earthquakes, warlike conflicts, hurricanes, snowfalls, and in general any other event not attributable to EMARK GROUP.

Any claim or written notice against EMARK GROUP must be received no later than 20 (twenty) days after the return of your trip; The “USER” will be responsible for verifying all information provided prior making your reservation. The “USER” will be responsible for reading and abiding by the terms and conditions and/or policies of the final PROVIDERS of services.

In relation to the total refund will not be applicable in any situation in which the trip has to be cancelled, interrupted and/or postponed by EMARK GROUP, for reasons beyond its control, such as, but not limited to, force majeure related to meteorological and climatic factors such as hurricanes, natural disasters such as earthquakes, acts of terrorism, among others, and in which the contractual obligations of EMARK GROUP with its SUPPLIERS do not allow it to obtain reimbursement of the amount paid or to be paid to the SUPPLIER on behalf of the client. In any scenario, EMARK GROUP, at its discretion, will retain 20% (twenty percent) of the total amount paid for the service or reservation for the investigation, analysis and determination of each case and is subject to define whether or not a total or partial reimbursement is appropriate, discounting service, administrative and other related expenses. It may also be the case that at the time of the claim there are some price variations according to what was originally contracted due to some changes and / or price adjustments of the SUPPLIERS. In any case, your travel consultant will negotiate the best possible alternatives in favor of the end user among its SUPPLIERS in order to resolve in the best possible conditions in favor of the “USER”, expressly releasing EMARK GROUP from any liability, commitment or payment of compensation for inconveniences caused.

In the event that the contracted services cannot be provided partially or totally by the SUPPLIER. On certain occasions EMARK GROUP may manage on behalf of the “USER” the reimbursement of the appropriate amount, to which EMARK GROUP is relieved of any liability or major commitment in cases where the refund of the cancellation for the total or partial amount is not reimbursed by the SUPPLIER in accordance of applicable law and jurisdiction ruled by these terms and Conditions and any service or product sold as an INTERMEDIARY by Grupo Emark S.A. de C.V. through its site www.emarkgroup.com , therefore governed by the laws and courts of the City of Cancun, Quintana Roo. The “USER” declares that he/she is aware of the scope of this Agreement, whose Terms and Conditions are the faithful expression of his/her will and are subject to the competence of the Federal Consumer Protection Agency in the event of non-compliance or interpretation, through administrative channels, as a conciliatory body, The “USER” agrees to submit to the jurisdiction of the Laws and Courts of the City of Cancun, Quintana Roo, renouncing in turn to any other jurisdiction that by reason of their present or future domiciles or by the location of their goods or by their nationality could correspond to them.

Date of last update: Terms & Conditions, modified November 02, 2023.  

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