TERMS AND CONDITIONS FOR CAREYES®.

1. GENERAL INFORMATION.

Through the following Terms and Conditions it is intended to regulate the access and use of the Website, understanding by this any type of content, product or service that is available to the general public within the domain: www.careyes.com (hereinafter "Website" or "Web Portal", indistinctly), as well as any other Website, microsites, mobile websites, apps or platforms owned, operated or licensed by OPERTUR, S.A. DE C.V. (hereinafter "CAREYES®" and / or the "Company" indistinctly). This legal notice is celebrated, on the one hand, by the owner of the Website, CAREYES®, in its capacity as responsible, and on the other, by the "User", both parties being subject to the provisions of these Terms and Conditions.

2. ACCEPTANCE OF THE TERMS AND CONDITIONS.

By entering and using the Website, identified with the domain name www.careyes.com, owned by CAREYES®, with domains ".com" and ".mx", the User is accepting the Terms and Conditions of Use contained in this contract and expressly declares its acceptance using electronic means for this purpose, in terms of the provisions of article 1803 and other relative of the Federal Civil Code of the State of Jalisco.

By accepting these Terms and Conditions, a non-transferable and revocable license is granted to use the Website, under the Terms and Conditions described and accepted, for the purpose of providing information on real estate, hotels managed, franchised, owned, licensed, or promoted by CAREYES®, as well as a reservation for lodging and restoration in real estate owned by CAREYES®.

In case of not accepting in an absolute and complete way the Terms and Conditions of the Website, the User must refrain from accessing, using, and seeing the Website and / or any other service offered. Any current or future services of the Website will be subject to the guidelines and conditions applicable under this binding agreement.

If the User accesses, uses and sees the Site, it will be considered as an absolute and express acceptance of the Terms and Conditions of Use stipulated herein, the other documents incorporated therein by reference, as well as the applicable laws and regulations in accordance with the legislation in force for the use of the Website.

CAREYES® reserves the right to modify at any time and without prior notice, the presentation, contents, functionality, products, services, and configuration that may be contained in this Site, becoming effective when published on the Website, indicating the date of the latest version of the agreement, it is the responsibility of the User to review these terms periodically. If at any time the User considersthem unacceptable, he must stop using or accessing (or continue using or accessing) the Website. Given the relevance of the above, the User is recommended to review the updates made to these Terms and Conditions.

3. USE OF THE WEBSITE.

3.1. GENERAL.

To use the Website, the User must be at least eighteen (18) years old, with full exercise capacity to be able to sign legally binding contracts in accordance with applicable legislation. The Site is not directed to minors and should not be used by minors.

If the User is under eighteen (18) years of age or cannot sign legally binding contracts under applicable law, he or she may use the Site and its content with the supervision of a parent, of whom he or she may stop the exercise of parental authority, guardianship, and custody or of a legal guardian if applicable.

3.2. SUBSCRIPTIONS AND PASSWORDS.

Certain services and features related to these, which may be available on the Website, may require registration or subscription. If the User decides to register or subscribe to any of these services or related functions, the User undertakes to supply accurate and up-to-date information about himself, to promptly update that information if there are any changes. The User acknowledges that, by supplying personal information, he grants CAREYES® the authorization indicated in article 109 of the Federal Copyright Law from Mexico.

Each User may be the owner of only one account on the Site www.careyes.com, not being able to access more than one (1) account on the Website with different email addresses or falsifying, modifying and / or altering their personal data in any possible way. If a fraudulent and/or malicious use is verified or suspected and/or contrary to these Terms and Conditions and/or contrary to good faith, CAREYES® shall have the unappealable right to terminate the relationship, terminate the accounts and exclude the User from future operations, and/or take the remedies and legal actions it deems appropriate for its own protection and security.

The Site User shall be solely responsible for keeping passwords and other account identifiers secure. The User holding the account will be fully responsible for all activities that occur under his password or account. On the other hand, the User must notify CAREYES® at once about any unauthorized use of his password or account, namely theft, loss, or unauthorized access to his account and / or password, in order to proceed to its immediate cancellation. In no way shall CAREYES® be liable, directly, or indirectly, for any loss or damage of any kind incurred as a result of the User's failure to comply with this condition.

During the registration process, the User may receive promotional emails from www.careyes.com. However, you may subsequently opt out of receiving such promotional emails by clicking on the link at the bottom of any promotional email.

3.3. PROHIBITED USES.

It is the User's responsibility to use the Website in accordance with the way in which it was designed; in this sense, Users are prohibited from violating or attempting to violate the security of the Website and the affiliated Websites of CAREYES®; the User is prohibited from: (a) accessing data to which the User is not authorized to use or log in to a server or an account for which the User does not have authorized access; (b) attempt to examine, scan or test the vulnerability of a computer system or network or breach security or authentication measures without proper authorization; (c) attempt to interfere with the use of any other User, hosting service or network, including, without limitation, transmitting a virus to the Website or CAREYES® affiliated Websites; causing saturation of such sites by "flooding", "spamming", "mailbombing" or "crashing"; (d) sending unsolicited emails, including promotions and/or advertising of products or services, or; (e) falsify any TCP/IP packet header or network protocol that allows data transmission between computers. Likewise, the use of any type of software that automates the interaction or download of the contents or services provided through the Website is prohibited.

The User acknowledges that violations of the computer system or network security may result in civil or criminal liability. CAREYES® will investigate situations that may involve such violations and reserves the right to report such actions to the authorities; the Company will cooperate with the competent authority in the investigation of such violations in the terms established in the applicable legislation.

3.4. LIMITATION OF LIABILITY.

For the proper entry to the Site, users must have equipment and facilities necessary for their Internet connection (computer, telephone, Smartphone, modem, programs, software, etc.), being the use of these equipment the sole responsibility of the Users.

CAREYES® is exempt from any liability that occurs for interruptions or suspensions of the Internet access service caused by the failure in the telecommunications system, in the supply of electrical energy, fortuitous cases or force majeure or an action of third parties that may disable the equipment that supplies access to the network.

Therefore, CAREYES® is not responsible for any damage, harm or loss to the User caused by failures in the system, in the server or on the Internet. CAREYES® will not be responsible for any virus that could infect the User's equipment as a result of access, use or examination of the Site or as a result of any transfer of data, files, images, texts, or audios contained therein. Users may not impute any responsibility or demand payment of damages or losses, by virtue of technical difficulties or failures in the systems or on the Internet. CAREYES® does not guarantee continued or uninterrupted access to and use of the Site. The system may eventually become unavailable due to technical difficulties or Internet failures, or for any other circumstance beyond the Company's control; in such cases, efforts will be made to restore it as quickly as possible without being held responsible for it. CAREYES® will not be responsible for any errors or omissions contained in the Site.

The Website is mainly aimed at Users residing in the Mexican Republic, therefore, the Company does not ensure that the content of the Website complies totally or partially with the legislation of other countries, so that, if the User has access to the content from outside the Mexican Republic, he will do so at his own risk and must ensure that such access and navigation complies with the local legislation that he is applicable, not assuming CAREYES® any responsibility that may arise from said act.

CAREYES® reserves the right to block access or remove in whole or in part any information, communication, or material that in its sole judgment may be: i) abusive, defamatory, or obscene; (ii) fraudulent, contrived, or misleading; iii) violates copyright, trademarks, confidentiality, trade secrets or any intellectual property right of a third party; (iv) offensive or v) that in any way contravenes the provisions of this contract.

Therefore, the User undertakes to use the information, content or services and products offered through the Website in a lawful manner, without contravening the provisions of these Terms and Conditions, morality, or public order, and will refrain from performing any act that may affect the rights of third parties, or in any way impairs the operation of the Website.

4. INTELLECTUAL AND INDUSTRIAL PROPERTY.

4.1. GENERAL.

Unless otherwise indicated, all the content included in this Website, mentioned but not limited to: projects, software, source code, graphics, photographs, videos, images, music, sound, texts, illustrations, art, logos, trademarks, domain names, trade names, commercial notices, audio recordings, digital downloads, compilations included in the Website www.careyes.com are exclusive property of CAREYES®, its affiliates, licensees, its content providers and/or designers, and is protected by applicable Mexican laws and international law. By accessing the Website or using the service, the User agrees to obey the law and respect the industrial and intellectual property rights of others. All rights reserved.

4.2. DISTINCTIVE SIGNS.

The trademarks and logos that appear on the Website (ARTE CAREYES FILMS AND ARTS®, CAREYES®, CAREYES.NET®, COSTA CAREYES®, among others) are trademarks owned exclusively by CAREYES® and are duly registered and protected before the Mexican Trademark Offices, as well as authorities of other countries, having full legal effect for products and services related to PRINTED AND DIGITAL ADVERTISING, MARKETING, POINTS OF SALE OF VARIOUS PRODUCTS AND SERVICES, HOSPITALITY, RESTAURANTS, CATERING (FOOD), RECREATIONAL AND CULTURAL ACTIVITIES, DESIGN AND REAL ESTATE BUSINESS, INCLUDING ADMINISTRATION, EVALUATION AND LEASE OF MOVABLE AND IMMOVABLE PROPERTY, AS WELL AS FINANCIAL AND INSURANCE SERVICES.

4.3. COPYRIGHT.

Unless otherwise said, all content on the Site is the property protected by the copyright laws of CAREYES® or its affiliates. All content on the Site is protected by the copyright laws of the Mexican Republic, as well as the applicable laws of other jurisdictions.

4.4. MISUSE OF INTELLECTUAL PROPERTY.

It is forbidden to copy, reproduce, adapt, modify, distribute, commercialize, license, send, disseminate, public communication and / or any other action that generates an infringement of current Mexican or international legislation on intellectual and / or industrial property, as well as the use of the contents of the Site without prior express written authorization from CAREYES®.

All other uses, including making copies of any content on the Site, is prohibited. It is forbidden to modify, reproduce, retransmit, distribute, disseminate, sell, publish, transmit or circulate such material for purposes other than personal and non-commercial use (or legitimate activities of a travel agent or tourism professional) without the written permission of CAREYES®. Except for individual non-commercial private use, downloading, reproducing, or retransmitting the Site (or any part of its content) is prohibited.

The User may only print and / or copy any information and / or image contained or published on the Website exclusively for personal use, so the commercial use of such information is expressly and prohibited. In case of being a legal entity, it will be subject to the provisions of article 148, section IV of the Federal Copyright Law from Mexico.

The reprint, publication, distribution, assignment, sublicense, sale, electronic reproduction or by other means, partial or total, of any information, image, document, or graphic that appears on the Website for any use other than non-commercial personnel, is expressly prohibited to the User, unless he has the prior written authorization of CAREYES®. Any violation of these Terms and Conditions of Use will result in the immediate revocation of the license granted in this agreement, without prior notice.

If the User transmits to CAREYES® any information, programs, applications, software or in general any material that requires to be licensed through the Website, the User hereby grants CAREYES® a perpetual, universal, free, non-exclusive, worldwide, and royalty-free license, which includes the rights to sublicense, sell, reproduce, distribute, transmit, create derivative works, display them, and publicly execute them.

The provisions of the previous paragraph shall also apply to any other information that the User sends or transmits to CAREYES®, including, without limitation, questions, criticisms, comments, and suggestions to renew or improve the Website, whether these have been included in any space of the Website or by virtue of other means or modes of transmission known or to be developed in the future. In addition, when the User sends comments or criticisms to the Web Portal, it also grants CAREYES® the right to use the name that the User sends, within the framework of said review, comment, or any other content.

Therefore, the User expressly waives in this act to carry out any action, demand or claim against CAREYES®, its affiliates, licensees, or suppliers for any current or eventual violation of any copyright or intellectual property derived from the information, programs, applications, software, ideas and other material that the User himself sends to the Website www.careyes.com.

4.5. CLAIMS FOR INTELLECTUAL PROPERTY RIGHTS.

CAREYES® respects the intellectual property rights of third parties. CAREYES® responds to notices of alleged violation of intellectual property rights under the Federal Copyright Law and the Federal Law on the Protection of Industrial Property and its Regulations from Mexico. Regardless of whether CAREYES® believes that it is responsible for any violation of these rights of which it is aware, CAREYES® response may include withdrawing or voiding access to the claimed material that is the subject of the infringing activity or terminating a person's access to the Site, at the sole discretion of CAREYES® and operating within the parameters of the applicable laws.

In case of considering that any content published on the Website is a violation of intellectual or industrial property rights, the User may make a notification by contacting the CAREYES® Customer Service Center, indicating: i) truthful personal data (name, address, telephone number and email address of the claimant); ii) autograph signature with the personal data of the owner of the intellectual property rights; iii) precise and complete indication of the content(s) protected by the intellectual property rights allegedly infringed, as well as the location of such violations on the aforementioned Website; iv) express and clear statement that the introduction of the indicated content(s) has been made without the consent of the owner of the intellectual property rights allegedly infringed; v) express, clear statement and under the responsibility of the complainant that the information provided in the notification is accurate and that the introduction of the content(s) constitutes a violation of those rights.

5. LINKS.

The Website may contain links to other Websites on the Internet and certain actions on the Site may result in third-party advertisements appearing, including information that may appear in other windows or in third-party files. These links are provided only as an advantage of the Website for the User and do not imply in any way the endorsement, support, or approval of CAREYES® to such Sites, their content, products, or services, or to the operators thereof.

CAREYES® has no obligation to review or check the sites linked to or from the Site. If the User decides to have access to the Websites of third parties through these links, he does so at his own risk and responsibility. CAREYES® is not responsible for the content, products, services, or practices of third-party websites. In addition, the User agrees not to link his website, or any other third-party Website with the Websites owned by CAREYES® without the prior written consent of the Company.

6. ADVERTISING MATERIAL.

The User acknowledges and agrees that some parts of the Website may contain information, images, advertisements and other advertising or promotional material of third-party sponsors and advertisers (hereinafter "Advertising Material"). Advertisers and sponsors are responsible for ensuring that Advertising Material submitted for inclusion on the Website follows applicable laws and regulatory codes. CAREYES® is not responsible for any errors or inaccuracies in the advertising materials.

Likewise, the User acknowledges and accepts in this act that said Advertising Material is protected by the laws that are applicable in matters of intellectual and industrial property.

7. CREDITS AND PROMOTIONS.

The Website may display or provide information regarding specific programs, offers or promotions ("Promotional Offers"). Any Promotional Offer is subject to its specific Terms, Conditions and Restrictions and, if booked through the Site, these Terms and Conditions. Please refer to and carefully read the terms, conditions, and restrictions of each Promotional Offer.

CAREYES® reserves the right to modify or cancel any Promotional Offer at any time without notice. Promotional Offers that are prohibited by the laws of certain places will be considered void.

8. RESERVES.

The User may only make reservations for himself or the persons he invites or another person or persons for whom he has authorization in advance to act on his behalf. The User may not use the Website to make reservations for other purposes, including without limitation, for the purposes of resale of rooms, reservations or other benefits, publication, marketing, advertising or distribution of rooms, reservations, benefits or availability (including without limitation Sitios W eb of third parties), make false, fraudulent or speculative reservations, book rooms in anticipation of demand, or make reservations for the purpose of reselling rooms or in an attempt to circumvent the practices, policies, Terms or conditions of CAREYES®.

The User may not use the Website to make reservations related to any commercial activity (unless specifically allowed by CAREYES®) or any illegal activity. Reservations made, sold, or transferred that violate these Terms and Conditions will be cancelled without notice in CAREYES®' sole discretion.

9. CANCELLATION OF RESERVATIONS.

The User may or may not cancel the reservation online using his name, surname and reservation confirmation number or credit card number. These details will be sent securely.

Some bookings may not be able to be retrieved online. If the User has problems recovering his reservation of the hotel and / or the various destinations nationwide that are managed through its real estate services under the registered trademarks CAREYES®, he may contact the Customer Service Center.

10. PAYMENTS.

All reservations must be guaranteed with a valid recognized credit card, or an alternative form of payment approved by CAREYES®, such as an advance deposit. Except when you make a reservation for a prepaid fee, you will be charged during your stay, not at the time of booking. In some situations, CAREYES® may require a deposit, in which case the deposit requirement and amount will be showed at the time of booking.

11. RESPONSIBILITY OF THE USER IN RELATION TO TRANSACTIONS.

The User assumes responsibility for all costs, fees, taxes, and demands that will arise from the use of this Website. The access data communicated to the User for his profile have been designed exclusively for personal use and must be treated confidentially. The User must change his passwords regularly. All transactions made through the profile account will be imputed to the holder of the relevant profile account and will be binding.

The User is liable without limitation for direct and indirect damages, as well as consequential damages, which may be caused by gross negligence or illegal intent.

12. BILLING POLICIES

The User must send a billing request to the mail info@careyes.com within twenty-four (24) hours after the purchase was made. Invoice requests will not be made for purchases that do not fall within this period.

When requesting the invoice, it will be necessary for the User to have at hand and supply the following tax requirements:

· Full name or company name.

· RFC (Federal Taxpayers Registry).

· Full Fiscal Address including street, neighborhood, delegation or municipality, state, and postal code.

· Form in which you made the Payment (cash, electronic transfers of funds, nominative checks or debit, credit, service cards or the so-called electronic wallets authorized by the Tax Administration Service).

· Indicate at least the last four (4) digits of your payment account.

· E-mail where the invoice will arrive.

· Once the corresponding invoice has been issued, CAREYES® will not be able to re-invoice or issue later invoices.

13. RESPONSIBILITY

The User hereby undertakes to indemnify and hold harmless CAREYES® and its subsidiaries, controllers, shareholders, directors, employees, officers, directors and agents against any actions, procedures, liabilities, demands, claims, losses, losses, losses, costs, damages, expenses and costs, as well as the expenses, costs and fees of lawyers and external advisors that arise or are related to the violation by the User of: (i) these Terms and Conditions, and / or (ii) any laws, rules, decrees or regulations in force.

CAREYES® reserves the right to assume the defense and control of any matter or claim that involves or could involve the payment of compensation associated with any breach of the User. The User undertakes to cooperate with CAREYES® in the development of the relevant defenses.

14. MODIFICATIONS TO THE WEBSITE.

CAREYES® may at any time and when it deems appropriate, without the need to notify the User, make corrections, additions, improvements or modifications to the content, presentation, information, services, areas, databases, and other elements of said Site, without this giving rise or right to any claim or compensation, nor that this implies recognition of any responsibility in favor of the User.

15. VALIDITY, TERMINATION AND MODIFICATION OF THE TERMS AND CONDITIONS OF USE.

CAREYES®, as well as the User, acknowledge that the Terms and Conditions are of unlimited validity, and will enter into force from their publication on the Site.

CAREYES® reserves the right to make alterations to this document without prior notice. Therefore, CAREYES® recommends the User to regularly re-read this document, so that he is always informed about modifications. Alterations to the contract will become effective immediately upon posting on the Site. Once the modifications have been made, it will be presumed that the User who continues to use the Site will have full knowledge, will have read, and consented to the reformed Terms and Conditions. If the User does not accept the modified terms and conditions, he must stop using the Website.

CAREYES® may at any time suspend access to the Website and/or end these Terms and Conditions. The termination of these Terms and Conditions will not imply in any case for CAREYES® that it must indemnify the User.

16. SUBSISTENCE.

These Terms and Conditions of Use, as well as any added terms, constitute the entire agreement between the parties, and supersede any other agreements or contracts entered previously.

Any clause or provision of this contract, as well as the added terms, legally declared invalid, will be eliminated, or modified at the choice of CAREYES®, to correct its vice or defect. However, the rest of the clauses or provisions will keep their strength, obligation, and validity.

17. ADDITIONAL TERMS.

Occasionally, CAREYES® may revise, update and/or add to the Terms and Conditions of Use of this agreement additional provisions relating to specific areas or new services provided on or through the Website www.careyes.com which will be published in the specific areas or new services of said Site for reading and acceptance. The User acknowledges and accepts that such added terms form an integral part of this contract for all legal purposes.

18. APPLICABLE LAW AND JURISDICTION.

For everything related to the interpretation and compliance with these terms and conditions, the parties give to the applicable laws and competent courts of the City of Guadalajara, Jalisco, Mexico waiving any other that may correspond to them by reason of their present or future domiciles.

Any unauthorized use of the content of this Website will be in violation of the Industrial Property Law, Civil, Commercial, Criminal Laws and other applicable Mexican or International Laws. The Company reserves the right to stop your use of the Website in its sole and absolute discretion. To ensure that a high-quality experience is supplied for you and other Users of the Site, you agree that the company or its representatives may access your records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third-party rights, or other unauthorized uses.

19. ASSIGNMENT OF RIGHTS.

The rights granted to the User must be considered as personal rights and the User may not assign or send them, nor authorize any third-party to use them in any way. CAREYES® may assign all or part of its rights and / or obligations at its expense to any third party, subsidiary, or controller of CAREYES® without prior authorization from the User. By virtue of this assignment, CAREYES® will be released from any obligation in favor of the User, set up in this contract.

20. NO WAIVER OF RIGHTS.

The inactivity on the part of CAREYES®, its affiliates or suppliers to the exercise of any right or action derived from this contract, at no time should be interpreted as a waiver of said rights or actions.

21. INDEMNITY.

The User agrees to indemnify CAREYES®, its affiliates, suppliers, vendors and advisors for any action, demand, or claim (including attorneys' fees and court costs) arising from any breach by the User of this agreement, including, without limitation, any of the derivatives of:

1. Any aspect related to the use of the Website www.careyes.com.

2. The information held or available on or through said Site or of libel, defamation, or any other conduct in violation of this contract by the User in the use of the website indicated.

3. Violation of applicable laws or international treaties relating to copyright or intellectual property, contained in or available on or through such Website.

22. OTHER.

If any provision set forth in these Terms and Conditions is unlawful, void, or unenforceable in any authority, it shall not affect: (i) the legality, validity, or exercise in such authority of any other provision of this agreement; or (ii) the legality, validity, or exercise in any other authority of such or any other provision of this Agreement.

CAREYES® may not exercise any of the rights and powers conferred in this document, which will not imply in any case the waiver thereof, unless expressly recognized by CAREYES®, or prescription of the action that corresponds to each case.

The headings of the clauses are incorporated into it only for convenience and for its best handling, so that in no way will they be considered for the purposes of their interpretation, nor will they affect the obligations held therein.

These Terms and Conditions of Use and the Privacy Notice, as well as any modifications and / or legal notices that are published or communicated, from time to time by CAREYES® through its website, constitute the entire agreement between the User and CAREYES® in relation to the services offered by CAREYES® through its website.