CONTRACT

This contract is entered into by and between, on the one hand, DESTINATION FOR FESTIVAL MÉXICO S. DE R.L. DE C.V., represented by its legal representative JOSE LUEVANO FERNÁNDEZ, hereinafter referred to as “THE AGENCY”, and on the other hand, the individual identified in ANNEX ONE of this contract, hereinafter referred to as “THE CLIENT”, collectively referred to as “THE PARTIES”, in accordance with the following declarations and clauses:

DECLARATIONS

THE AGENCY declares:

  1. It is a legal entity duly incorporated under Mexican law, as evidenced by public deed number 17,836, dated April 2, 2018, executed before Notary Public Santiago Caparroso Chaves, number 213, in Mexico City, duly registered in the Public Registry of Commerce, and its representative has sufficient powers as per the aforementioned deed, which have not been revoked or modified to date.
  2. Its corporate purpose includes providing tourism-related services, allowing it to enter into obligations under this contract.
  3. Its address is located at Avenida Paseo de la Reforma 296, 25th Floor, Colonia Juárez, Cuauhtémoc, Mexico City, 06600, which is designated as its conventional address for all legal purposes related to this contract.
  4. It is registered with the Federal Taxpayers Registry under the code DFF180402FE3.
  5. It holds a valid certificate of registration in the National Tourism Registry (Tourism License) with number 040915ac5f89.

THE CLIENT declares:

  1. They are an individual and, under oath, confirm that the information provided in ANNEX ONE of this contract, which fully identifies them, is true and that they have full legal capacity to enter into obligations under this contract.
  2. They have sufficient financial means to fulfill the obligations of this contract and may not claim any economic circumstances to evade said obligations.
  3. They received from THE AGENCY, in advance, accurate, truthful, and detailed information regarding all conditions of the service provided under this contract, including prices, rates, conditions, characteristics, and total cost of the tourism services stipulated in this document and its annexes.
  4. THE AGENCY provided them with information regarding prices, rates, conditions, characteristics, and the total cost of the tourism services stipulated in this contract.

THE PARTIES jointly declare:

  1. They mutually recognize the legal capacity with which they enter into this contract and expressly manifest their willingness to abide by its clauses.

  2. For the proper understanding and interpretation of this contract, the following terms shall have the meanings set forth in this clause, and terms not defined herein shall have the meanings indicated in the contract text:

    • Agency: The provider, whether an individual or legal entity, that intermediates, contracts, and/or offers tourism services or products to the tourist for a specific and determined price.
    • Annex 1: Document containing the necessary information to fully identify THE CLIENT.
    • Annex 2: Document listing the tourism services marketed under this contract, along with their prices.
    • Client: The consumer who temporarily travels outside their usual place of residence and uses any tourism products or services for a specific and determined price.
    • The Service or Services: Services provided by THE AGENCY, consisting of contracting, on behalf of THE CLIENT, various tourism-related services, including but not limited to booking flights, accommodations, meals, tickets for festivals and events of any nature, and other related services. These services are specified in the contract and its annexes.
    • Tourism Package: A pre-assembled product combining two or more tourism-related services, offered to THE CLIENT as detailed in the annexes of this contract.
    • Tourism Service: A commercial service that meets the tourist’s needs in terms of economy, safety, and comfort, as described in the annexes of this contract.

Based on the foregoing declarations, THE PARTIES agree to be bound by the following:

CLAUSES

FIRST. PURPOSE.By this contract, THE AGENCY undertakes to act as an intermediary and, where applicable, contract on behalf of THE CLIENT various tourism-related services, including but not limited to flight reservations, accommodations, meals, tickets to events of any nature, and any other related services (hereinafter referred to as “The Service” or “The Services”). All costs arising from these contracts with suppliers, including but not limited to cancellation fees, changes in the quality of services offered, or any other reasons, including force majeure or fortuitous events, shall be the responsibility of THE CLIENT.The detailed description of The Services, as well as all related details, is provided in ANNEX 2 of this contract.

SECOND. SERVICE PRICE.THE PARTIES agree that the total price to be paid by THE CLIENT for The Service is the amount specified for each item in ANNEX 2 of this contract.The amount indicated in ANNEX 2 includes all amounts and items related to The Service, and THE AGENCY is obligated to respect this cost at all times without charging additional amounts or conditioning the provision of the contracted tourism service on the purchase of additional services not requested by THE CLIENT. However, prices may be adjusted if any of the suppliers contracted by THE AGENCY increase their rates for any reason.

THIRD. PAY"! Payment Method and Place.THE CLIENT shall make the payment for The Service as specified in ANNEX 2 under the agreed terms, which may include:

  • Cash Payment: In cash, debit card, credit card, bank transfer, or check at THE AGENCY’s address in national currency, or in foreign currency at the exchange rate published in the Official Gazette of the Federation on the date of payment, as per the Mexican Monetary Law.
  • Installment Payments: THE CLIENT may, upon agreement with THE AGENCY, pay in installments, and THE AGENCY shall provide written information regarding the dates and amounts of such payments.
    In case of a one-day delay in installment payments, THE CLIENT will incur a 10% penalty on the corresponding payment. In case of a 30-day delay, THE CLIENT acknowledges and agrees to forfeit any advance payments as a penalty without any right to claim.
    In any case, THE AGENCY shall issue and deliver to THE CLIENT a payment receipt for each installment and the corresponding invoice upon final payment, as well as any fiscal document supporting the charges for the provided tourism service in accordance with applicable legislation.

FOURTH. OBLIGATIONS OF THE PARTIES.

THE AGENCY shall:

  1. Comply with the provisions of this contract.
  2. Deliver the necessary documentation for hotel, car, or other service reservations to THE CLIENT, provided THE CLIENT has settled all pending payments with THE AGENCY and any external suppliers.
  3. Provide THE CLIENT with the necessary information related to this contract and the tourism services.
  4. Request the tourism services specified in ANNEX 2 on behalf of THE CLIENT, subject to availability, acting as an intermediary between THE CLIENT and the direct service providers.
  5. Deliver to THE CLIENT airline tickets, bus tickets, train or ferry tickets, car rentals, or cruise tickets (when provided by the transport company), or indicate where THE CLIENT can collect them.
  6. Assist THE CLIENT in obtaining services to resolve emergencies or, where applicable, arrange return transportation if the tourism service is not provided as agreed in this contract.
  7. Assist THE CLIENT in claiming compensation from the final service provider, without assuming any liability or joint responsibility with any provider.
  8. Compensate THE CLIENT if the service is not provided due to causes attributable to THE AGENCY, by refunding the amounts paid by THE CLIENT, covering return transportation costs, and paying a conventional penalty equivalent to the total amount of the non-provided service. Alternatively, at THE CLIENT’s discretion, THE AGENCY shall immediately secure equivalent services as agreed, plus the conventional penalty. This clause applies only if it is conclusively proven that the service was not provided due to causes attributable to THE AGENCY and not due to external providers, fortuitous events, or force majeure.

THE CLIENT shall:

  1. Comply with the provisions of this contract.
  2. Provide THE AGENCY with accurate and correct information regarding their age, gender, name, surname, and, if applicable, the details of accompanying persons, as well as any other information necessary for itinerary planning and reservations for land and air services (hotels, tours, car rentals, buses, flights, restaurants, etc.). THE AGENCY shall not be responsible for itinerary changes caused by incorrect or erroneous information provided by THE CLIENT.
  3. Make payments as stipulated in this contract. Failure to make payments on time may result in THE AGENCY canceling reservations, with no liability. Any cancellation costs, as per the terms of external providers, shall be the sole responsibility of THE CLIENT.
  4. Comply with the regulations, rules, or conditions established by each tourism service provider contracted through THE AGENCY. THE CLIENT must inform themselves of all service policies of external providers, and THE AGENCY shall not be liable for any breach of such policies by THE CLIENT, whether intentional or not.
  5. Obtain, by their own means, all necessary documents for the trip, including but not limited to visas, passports, immigration documents, permits, health certificates, vaccination records, or any other requirements of the destination country or continent. For international trips, THE CLIENT is responsible for documenting their belongings and arriving at the airport with sufficient time. THE AGENCY shall not be liable or refund any amounts for THE CLIENT’s failure to comply with these requirements.
  6. Constantly monitor flight or transportation itineraries. THE AGENCY shall not be responsible for unforeseen changes in departure or arrival times or for THE CLIENT missing any prepaid transportation due to failure to check itineraries. For international air travel, luggage is subject to international treaties and airline policies, and THE CLIENT is responsible for reviewing and covering any additional luggage documentation costs not included in the ticket price.
  7. The Client understands and agrees that the contract is non-transferable under any circumstances.

FIFTH. CANCELLATION POLICIES.THE CLIENT may request cancellation of services only in writing via email to THE AGENCY, which will respond within 72 business hours of receiving the request. THE CLIENT agrees to the following cancellation fees:

  • Cancellation requested 90 days or more before the departure date: 50% of the total service cost.
  • Cancellation requested 29 days or less before the departure date: 100% of the total service cost.
    These fees apply to the total cost of The Service and are charged directly by THE AGENCY.
    As an intermediary, THE AGENCY contracts services with external providers on behalf of THE CLIENT, and additional cancellation fees or penalties may apply from these providers. THE CLIENT shall be solely responsible for such fees, and THE AGENCY shall not be involved or jointly liable, even in cases of fortuitous events or force majeure.
    For cancellations by THE CLIENT, refunds from external providers will depend on their respective policies and terms. THE CLIENT must contact the provider’s refund representative directly, and THE AGENCY shall not be responsible for such refunds or their timing.
    In the event of cancellation due to fortuitous events, force majeure, or event cancellation by organizers, THE AGENCY may suggest alternative package or service options. THE CLIENT may choose from these options but will be responsible for any additional costs imposed by third-party providers.

CANCELLATION BY THIRD PARTIES.In case of cancellation due to causes attributable to suppliers, THE CLIENT shall adhere to the refund timelines and policies of each provider, contacting their refund representative directly. THE AGENCY shall not be responsible for such refunds or their timing.

SIXTH.THE AGENCY is absolved of any liability arising from additional agreements between THE CLIENT and direct service providers, such as airlines, ground transportation, shipping companies, cruises, hotels, car rental agencies, event or festival organizers, etc.

SEVENTH.By signing and accepting this contract, THE CLIENT also accepts the terms and conditions of any festival or event covered by this contract.

EIGHTH. TERM.This contract shall remain in effect indefinitely as long as the tourism service is provided and payment obligations are fulfilled, during which time the contract will have full legal effect.

NINTH. FORTUITOUS EVENTS AND FORCE MAJEURE.Fortuitous events or force majeure refer to events beyond the control of THE PARTIES, provided such events are unforeseeable, irresistible, insurmountable, current, and not due to negligence or provocation by either party. Examples include, but are not limited to, earthquakes, war conflicts, pandemics, natural events causing event cancellations, or unforeseen government decisions. Illnesses of any kind that prevent THE CLIENT from traveling do not qualify as fortuitous events, and no refunds will be issued in such cases.If the tourism service is not provided, is partially provided, or is interrupted due to fortuitous events or force majeure, THE CLIENT is entitled to any possible refunds from service providers. THE PARTIES agree that if providers are unable to provide services partially or fully due to such events, THE AGENCY will only manage refund requests on behalf of THE CLIENT, without assuming any liability. All refunds from external providers depend on their policies and terms.In case of cancellation due to fortuitous events or force majeure, THE AGENCY will mediate and manage possible refunds from external providers, but this may involve an operational cost, to be determined at the time of management. THE AGENCY is also absolved of liability for damages, accidents, delays, or irregularities caused by fortuitous events or force majeure during the execution of the services.

TENTH. TERMINATION CAUSES.THE AGENCY may terminate this contract by notifying THE CLIENT via email with acknowledgment of receipt or in writing if THE CLIENT materially breaches any obligation in this contract and fails to remedy it as stipulated. Termination causes include:

  1. Failure to make payments within the stipulated deadlines.
  2. Failure to comply with the terms and conditions of any provider contracted by THE AGENCY.
  3. Failure to make payments within the special deadline for trips booked less than 15 days in advance.
  4. Providing false or incorrect information to THE AGENCY, whether accidentally or intentionally.

ELEVENTH. CONVENTIONAL PENALTY.In case of breach by THE CLIENT of the provisions of this contract, they shall be liable for a conventional penalty equivalent to 10% of the total tourism service price, excluding Value Added Tax (VAT).

TWELFTH. ELECTRONIC CONTRACTING.THE PARTIES agree that, in lieu of a physical handwritten signature, this contract and any related consents, approvals, or documents may be signed using electronic, digital, numeric, alphanumeric, voice, biometric, or other forms of signatures. Such alternative signatures and their records shall have the same legal effect as an original handwritten signature, in accordance with civil, commercial, consumer protection laws, and NOM-151-SCFI-2016. If the contract or related documents are signed electronically or digitally, THE PARTIES agree that such documents will be preserved and available to THE CLIENT. All information sent by THE AGENCY to the email address provided by THE CLIENT at the time of signing shall be considered delivered upon confirmation of receipt.

THIRTEENTH.THE CLIENT authorizes the use of their image for promotional purposes by THE AGENCY during and after the provision of the service.

FOURTEENTH. JURISDICTION.For all matters related to the interpretation, application, and fulfillment of this contract, THE PARTIES agree to submit to the courts and jurisdictional and administrative authorities of Puebla, Puebla. In case of need for contract interpretation, THE PARTIES commit to conducting a mediation session at the Alternative Justice Center in Puebla, Puebla.

OBSERVATIONS

Provisions regarding the services:

FIRST. SERVICE ORDER CHANGES WITH CLIENT AUTHORIZATION.THE AGENCY may modify the order of the services indicated in this contract for better execution or justified reasons, provided the quantity and quality of the contracted tourism services are respected. THE CLIENT may not change dates, routes, or services without prior authorization from THE AGENCY. If such changes incur costs, these will be indicated in ANNEX 2.

SECOND. PRICES IN NATIONAL AND FOREIGN CURRENCY.For international excursions or packages, prices shall be presented in foreign currency and Mexican pesos, indicating the exchange rate used for the latter. The sale price will be the result of converting the foreign currency to Mexican pesos at the exchange rate set by the Bank of Mexico on the payment date, as per Article 8 of the Mexican Monetary Law, for all legal purposes, including refunds.

THIRD. EXTERNAL PROVIDERS.THE AGENCY reserves the right to contract any service referenced in this contract with the provider it deems appropriate, without obligation to notify THE CLIENT of the provider’s identity. Exceptionally, it may be expressly agreed that a specific provider will render a service. In case of a change in the direct service provider, the service will be provided by another of equivalent quality. If THE CLIENT uses the service, it will be deemed as consent to the change, and no claims or refunds may be requested.

FOURTH. TRIPS BOOKED LESS THAN FIFTEEN DAYS IN ADVANCE.If THE CLIENT books transportation services through THE AGENCY less than 15 days before the departure date, payment must be made in full within 24 hours of booking confirmation. Failure to pay within this period will result in cancellation of the reservation and applicable cancellation fees as stipulated in this contract.

FIFTH. ACCEPTANCE OF MANAGEMENT SERVICES.Upon receipt of partial or full payment from THE CLIENT, THE AGENCY will proceed with managing reservations or tickets with external providers. Such payment constitutes full acceptance of these terms and express authorization for THE AGENCY to initiate necessary arrangements. If a provider unilaterally increases rates after payment, THE AGENCY may seek an alternative within the original budget but is not obligated to do so. THE CLIENT shall cover any justified rate increases by providers, for any reason, if no equivalent substitute is found.

SIXTH. ISSUANCE OF DOCUMENTS.Once documents such as airline tickets, ground transportation tickets, festival or event tickets, or any courtesies are issued to THE CLIENT, they are responsible for checking with the respective providers for any changes. THE AGENCY is not liable for errors in such documents if THE CLIENT provided incorrect information. Any modification costs shall be borne by THE CLIENT. THE AGENCY will not refund any amounts if THE CLIENT cannot undertake part of the trip due to providing incorrect or fraudulent information.

SEVENTH. RESERVATION COSTS.If reservation costs requested on behalf of THE CLIENT exceed the cancellation fee, the difference shall be charged to THE CLIENT.

EIGHTH. PRIOR AGREEMENTS WITH PROVIDERS.THE AGENCY is absolved of any liability for agreements or contracts between THE CLIENT and external providers, including but not limited to travel agencies, airlines, ground transportation, shipping companies, cruises, hotels, car rentals, or festival organizers.

NINTH. RESERVATIONS AND PAYMENTS.All reservations require a deposit as indicated by THE AGENCY, payable in Mexican pesos or foreign currency at the exchange rate published in the Official Gazette of the Federation on the payment date, to secure air and land services. Once all services are confirmed, THE CLIENT must make the final full payment.