LEGAL NOTICE TESORO HOTELS & RESORTS

This document is intended to establish the Terms and Conditions through which You (hereinafter "The User") may use this website (hereinafter the "Site") owned by TESORO HOTELS & RESORTS. These Terms and Conditions constitute a binding agreement between TESORO HOTELS & RESORTS, who holds all rights to the Site. Therefore, it is recommended that you read these Conditions carefully.

The simple use of the site implies full acceptance by the user of these terms and conditions. If you do not accept these terms and conditions or any part of them, you should not use the site, and in such a case, we ask you to refrain from doing so. Likewise, you declare to be of legal age and in full use and enjoyment of your faculties and rights to use the site.

The user will be fully responsible for any damages that arise to TESORO HOTELS & RESORTS as a result of using the Service in violation of any of the provisions established in any section of these terms of use and agrees to hold TESORO HOTELS & RESORTS and/or its affiliated or subsidiary companies, its administrators and staff, agents, and representatives harmless from any liability that may arise as a result of such violation by the user, as well as from any claim, demand, or legal action that may be brought against TESORO HOTELS & RESORTS, arising from the described facts and, in general, from any claim, demand, or legal action that may arise from the use of the Site. Subject to your acceptance of the following conditions:

1.- Copyright and Trademark Notices

All content on this website is protected by Copyright © 2023 TESORO HOTELS & RESORTS, as well as its subsidiaries, affiliates, and/or suppliers, Av. Audiencia 48, Loc. B 18, Col. Las Palmas, Manzanillo, C.P.28869, Colima, Mexico.

The following trademarks and logos, and the names listed below, as well as the associated trademarks, are registered trademarks belonging to TESORO HOTELS & RESORTS, its subsidiaries, and/or affiliates:

TESORO RESORTS®, TESORO REWARDS (and Design)®, TESORO MANZANILLO (and Design)®, TESORO IXTAPA (and Design)®, TESORO LOS CABOS (and Design)®, CLUB TESORO (and Design)®. The registered trademarks of TESORO HOTELS & RESORTS may not be used or displayed without prior written authorization from TESORO HOTELS & RESORTS.

You may download, reproduce, and retransmit TESORO HOTELS & RESORTS information solely for non-commercial uses within your organization. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, program, product, or service found on or obtained from this website.

You must retain and reproduce each copyright notice or any type of proprietary notice in the TESORO HOTELS & RESORTS information that you download, reproduce, or retransmit.

Except for the limited authorization mentioned above, no license or right to any TESORO HOTELS & RESORTS material, or any other party's material, is granted or conferred upon you.

 

TESORO HOTELS & RESORTS websites may contain or reference trademarks, patents, trade secrets, technologies, products, processes, or other proprietary rights of TESORO HOTELS & RESORTS and/or other parties. No license or right to such trademarks, patents, trade secrets, technologies, products, processes, or other proprietary rights of TESORO HOTELS & RESORTS and/or other parties is granted or conferred upon you. Regarding trademarks, patents, trade secrets, technologies, products, processes, or other proprietary rights of third parties, TESORO HOTELS & RESORTS has entered into agreements with them for their use, but they remain registered trademarks and proprietary rights of the respective companies or individuals.

2.- Disclaimer of Warranties

You agree that your use of this site is at your own risk and consent. The content and services provided by this site are provided "as is." TESORO HOTELS & RESORTS makes no representations, warranties, or endorsements regarding the accuracy, reliability, usefulness, or completeness of the content of this site or any site linked to it, nor does it represent that the site will be error-free, virus-free, or available uninterrupted.

We do not represent, warrant, agree, or make a covenant that everything you find here is error-free, complete, or accurate. Neither we nor the consultants of this site will be liable for direct, indirect, incidental, consequential, or punitive damages resulting from accessing or using this site.

To the maximum extent permitted by law, TESORO HOTELS & RESORTS disclaims all warranties, express or implied, including - but not limited to - implied warranties of merchantability, fitness for a particular purpose, or non-infringement. TESORO HOTELS & RESORTS does not warrant that this site, any site linked to it, or the server that provides it is free of computer viruses.

TESORO HOTELS & RESORTS strives, however, to maintain the most up-to-date information to offer its customers/users the greatest peace of mind in using such information and in constantly monitoring servers for security verification.

3.- Limitation of Liability

TESORO HOTELS & RESORTS will not be liable for damages of any kind, including but not limited to special, incidental, indirect, or consequential damages arising from access to or inability to access this site, nor for the use of, or reliance on, this site or its content, nor for any damage resulting from the loss of use, data, or profits, whether or not advised of the possibility of such damages and for any theory of liability. Additionally, TESORO HOTELS & RESORTS is not obligated to update the site or its content. It cannot be held liable for failure to update such content. Some states do not allow the exclusion of implied warranties, nor the limitation or exclusion of liability for incidental or consequential damages. However, if despite the exclusions contained in this Agreement, TESORO HOTELS & RESORTS and/or its subsidiaries and/or affiliates are found liable for damages or losses resulting from or in any way related to this site, the company's liability will not exceed the amount of fees or charges paid by you to the company for the services and/or information for which such liability exists.

 

The information provided by TESORO HOTELS & RESORTS may contain technical inaccuracies or typographical errors. TESORO HOTELS & RESORTS reserves the right to make changes, corrections, and/or improvements to the Information, and to the products and programs described in the Information without prior notice and at any time.

TESORO HOTELS & RESORTS websites contain information about TESORO HOTELS & RESORTS products and services worldwide, which are not available in all locations. If a TESORO HOTELS & RESORTS website refers to a product or service, it does not imply that such product or service will be available in your location.

4.- Electronic Disclaimer

TESORO HOTELS & RESORTS and its affiliates, subsidiaries, and other related entities, and each of their officers, directors, agents, and employees shall not be held responsible for the following: breakdowns, failures, delays, or difficulties with phones, electrical and electronic devices, the network, the Internet, computers, or computer components or programs. They shall also not be held responsible for mail, email, form submissions, connections, messages, or information captures that are delayed, lost, stolen, or if any of the above are illegible, incomplete, confusing, misdirected, mutilated, or insufficiently stamped, nor for the security of any of the aforementioned cases.

Likewise, TESORO HOTELS & RESORTS and its affiliates, subsidiaries, and other related entities, and each of their officers, directors, agents, and employees shall not be held responsible for the erroneous or inaccurate capture of information, whether caused by Internet users or by any equipment or programming associated with or used on the site or by any technical or human error that may occur during the processing of information related to this site.

If for any reason any part of the site does not function as it should – including the case of infection by computer viruses, errors, unauthorized intervention, fraud, technical failures, or any other cause beyond the reasonable control of TESORO HOTELS & RESORTS, that corrupts or affects the administration, security, fairness, integrity, or proper conduct of this site, TESORO HOTELS & RESORTS reserves the right (but not the obligation) at its discretion to prohibit any individual (including the individual's information) from using the site, and may also cancel, terminate, modify, or suspend the site or any portion of the site and nullify such information.

Users also agree that TESORO HOTELS & RESORTS and its affiliates, subsidiaries, and other related entities – including each of their officers, directors, agents, and employees – shall not be responsible or liable in any way for damages, losses, or harm to the individual's computer that captures information, nor for the interception or use of credit card information related to or resulting from the use of the site, nor for any sites, services, or materials linked to or related to the use of "test" or genuine reservation mechanisms at any time. They shall also not be responsible or liable in any way for damages, losses, claims, or harms related to or resulting from this site, nor from the reservation mechanism, whether they operate or not on computers or networks used by the individual capturing information or communicating with such computers or networks.

5.- Use of the Website

The reservation element of TESORO HOTELS & RESORTS on this website is provided solely to assist customers in determining the availability of travel-related goods and services and to make legitimate reservations, excluding any other purposes. You warrant that you are at least 18 years old and have the legal authority to enter into this agreement and use this website in accordance with all the terms and conditions herein. You assume financial responsibility for the use of this website (as well as the use of your account by third parties, including, but not limited to, minors living with you). You agree to supervise the use of this website by minors using your name or account number. You also warrant that all information provided by you or members of your family when using this website is true and accurate, without limitation, and without false or fraudulent reservations. You agree that the ability to make reservations on this website will be used solely to make legitimate reservations or purchases for yourself or for another person who has legally authorized you to act on their behalf. You understand that excessive use or abuse of the reservation ability on this website may result in you being denied access to such ability.

In the case of reservations or other services that may be subject to a fee, you agree to abide by the terms and conditions imposed by the purchase, including but not limited to, the payment of all amounts due in compliance with the rules and restrictions applicable to the availability of rates, products, or services. You will be fully responsible for charges, fees, duties, taxes, and assessments resulting from the use of this website.

6.- Submission of Information

When you submit information to TESORO HOTELS & RESORTS through the use of this site, including but not limited to registration forms, feedback, questions, comments, suggestions, and other similar cases, you thereby (a) declare and warrant that such information is complete, true, and accurate, and that you possess all rights to such information, which is your own original and unpublished work, and that it is not based on any pre-existing work or another person's work in whole or in part; that it does not violate or infringe in any way any proprietary right, trademark, trade name, service mark, or any other written law or common law right, or any personal or property right or interest, that such information is not abusive, obscene, profane, sexually explicit, threatening, or illegal, and you agree to indemnify, defend, and hold harmless TESORO HOTELS & RESORTS from and against any such claims, and you agree to waive and assign all rights to and ownership of any information, (b) acknowledge that you (not TESORO HOTELS & RESORTS) are solely responsible for any damage resulting from the infringement of proprietary rights, copyright, or any other damage resulting from having submitted such information and the subsequent use by TESORO HOTELS & RESORTS of the information, and (c) automatically grant TESORO HOTELS & RESORTS the right and worldwide, royalty-free, exclusive license to use, reproduce, publish, distribute, or display such information (in whole or in part, by any means now known and used, or known and used in a future medium, in perpetuity), although you acknowledge that TESORO HOTELS & RESORTS is not obligated to use, reproduce, publish, distribute, or display the information.

TESORO HOTELS & RESORTS also reserves the right to monitor and review transmissions, use, and information related to such use to ensure that TESORO HOTELS & RESORTS policies are complied with, and as a necessary clause to provide this Site and/or protect the rights and properties of TESORO HOTELS & RESORTS. TESORO HOTELS & RESORTS may also monitor and review stored transmissions without restriction, and by this means, you acknowledge and grant your consent to such monitoring. TESORO HOTELS & RESORTS knows the secret access keys.

TESORO HOTELS & RESORTS is free to use the ideas, concepts, knowledge, or techniques contained in your communications for any purpose, including but not limited to the development, production, and/or marketing of products and services that incorporate such information.

7.- Links to Third-Party Sites

This website may contain links to websites operated by third parties that are not TESORO HOTELS & RESORTS. Such links are provided solely for reference. TESORO HOTELS & RESORTS does not control these websites and assumes no responsibility for their content. The inclusion of links to such websites does not imply approval of the material contained on such websites nor any association with their operators.

8.- Currency Conversion

Conversion rates are based on information provided by a company contracted for this purpose and should be used as guidelines only. Room rates are guaranteed only in the currency provided by the reservation engine on the sites. Currency quotes are updated online with the provider's information. The currency information provided on this website is believed to be accurate, but TESORO HOTELS & RESORTS and/or its subsidiaries and affiliates do not guarantee such accuracy.

9.- Weather

Weather information is based on information provided by third parties. TESORO HOTELS & RESORTS and/or its subsidiaries and affiliates do not guarantee such accuracy.

10.- No Illegal or Prohibited Use

As a condition of your use of this website, you warrant that you will not use it for any purpose that is illegal or prohibited by these terms and conditions.

11.- Changes to the Agreement

TESORO HOTELS & RESORTS reserves the right to change this agreement at any time without prior notice; such changes will take effect immediately. By using, viewing, transmitting, storing, and/or otherwise utilizing this site and/or its contents in any manner, you have agreed to accept all terms and conditions described in this agreement and waive any right to claim ambiguity or error in this agreement. If you do not accept this agreement, do not use the site. Please print and retain a copy of this agreement.

12.- Our Standards

We provide our Service to help you find information about lodging services and make reservations. This is the sole purpose.

You agree that:

You will only use our Service for personal and non-commercial purposes. You are at least 18 years old and have the legal authority to enter into contracts. You will use our Service lawfully and in accordance with these Terms. All information you provide is true, accurate, current, and complete.

If you have an account with us: you will protect your account information; you will be responsible for any use of your account, whether by you or others.

If you book on behalf of others: you will obtain their authorization before acting on their behalf; you will inform them about the terms governing the reservation (including the Rules and restrictions) and ensure they accept them; you are responsible for paying any amounts due, for requesting any changes or cancellations, and for all other matters related to the reservation.

You also agree not to:

Make false or fraudulent reservations. Monitor, copy, or access any content of our Service using any robot, web crawler, scraper, or other automated means, or through any manual process. Violate the restrictions of robot exclusion headers on our Service, or circumvent or avoid other measures employed to prevent or limit access to our Service.

Take any action that imposes, or may impose, an excessive or unreasonable load on our infrastructure. Deep-link to any part of our Service.

"Frame," "mirror," or otherwise incorporate any part of our Service into another website.

13.- Reservation Confirmation

The Reservation Confirmation includes basic information such as the description of the reserved travel and/or lodging services and the price.

We will send you a Reservation Confirmation and all pertinent travel documents to the email address you provide when making the reservation. If you do not receive the Reservation Confirmation within 24 hours of making the reservation, please contact us.

14.- Price

The price of travel and/or lodging services will be as displayed on our Service, except in the case of manifest error.

The prices of travel and/or lodging services are dynamic and may change at any time. Price changes will not affect accepted reservations, except in the case of manifest error. We display travel and/or lodging services and strive to ensure that the displayed prices are accurate. We reserve the right to correct any pricing errors on our Service.

If there is a manifest error and you have made a reservation, we will give you the opportunity to keep your reservation at the correct price or cancel your reservation without penalty. We are not obligated to make travel and/or lodging services available to you at an incorrect (lower) price, even after you have been sent the Reservation Confirmation if the error should have been reasonably evident to you.

The prices displayed through our Service may include taxes or fiscal charges. These taxes or fiscal charges may include amounts associated with value-added tax, goods and services tax, sales tax, stay tax, and other similar taxes.

Taxes or tax recovery charges are generally calculated or estimated based on the prices displayed through our Service before any discounts (including those funded by us), coupons, and loyalty points that may apply to your reservation unless those discounts, coupons, and loyalty points are considered a price reduction for the purpose of calculating or estimating taxes in the relevant jurisdiction for the reservation.

In certain jurisdictions, you may be responsible for paying local taxes required by local tax authorities, such as municipal taxes, tourist taxes, etc. Our group of companies may charge you these local taxes. TESORO HOTELS & RESORTS will notify you of any local taxes you owe before completing your reservation.

The amount of local taxes may change between the reservation date and the stay date. If taxes changed at the time of your stay, you may need to pay taxes corresponding to the higher rate.

15.- Payment Methods

  1. a) Direct at the hotel. Payments for services can be made in cash, with Visa and MasterCard debit or credit cards, provided that the cardholder presents themselves physically and provides a valid official ID at the hotel's reception, and makes the payment in local currency or US dollars at the current exchange rate posted at the hotel. The request for promotions such as interest-free months will be applicable directly upon presenting the cardholder at the hotel and expressing their interest if their card is participating and their reservation was made with an offer indicating this benefit.
  2. b) Bank deposit or electronic transfer. In some circumstances, a total or partial bank deposit payment will be required, according to the agreement with your sales agent, and must be to a verified account of the destination hotel where you will be staying. To validate it, you must electronically submit the deposit or transfer receipt through any means suggested by the company or your sales agent. The physical receipt may be required, so please keep it at all times.
  3. c) Electronic payment on the website. Our reservation engine has a payment method enabled through a gateway where you can make the full payment for your stay with participating bank credit and debit cards, and you will receive an electronic receipt, which you must keep at all times until your stay, as it may be required.

Always verify that the accounts and payment methods are official. You can do this by writing on the social media of our hotels or calling the number that appears on our websites.

Some governments, banks, and card-issuing institutions impose fees or apply taxes for international or cross-border transactions. For example, if you make a reservation with a card issued in a country different from the location of the travel provider or if you choose to conduct the transaction in a currency other than the local currency of our Service, your card issuer may charge you an international or cross-border transaction fee or collect additional taxes according to their local rules.

Additionally, some banks and card-issuing institutions impose currency conversion fees. For example, if you make a reservation in a currency different from your credit card's currency, the card issuer may convert the reservation amount to your credit card's currency and charge you a currency conversion fee.

If you have any questions about these taxes, fees, or the exchange rate applied to your reservation, please contact your bank or card issuer. Our group of companies has no relation to any cost associated with exchange rate variations, or with card issuer fees, or with international transaction taxes, and is not responsible for them.

16.- Fraud

We may request additional information if a reservation or account shows signs of fraud, abusive use, connection to a person or entity sanctioned by the government, or other suspicious activities.

If we reach a reasonable conclusion that a reservation or account is related to fraud or suspicious activities, we may:

Cancel any reservation associated with your name, email address, or account. Close any associated account. Take legal action, including seeking to hold you accountable for any loss. Contact us for information on canceling a reservation or closing an account.

17.- Cancellations or Changes

To change or cancel a reservation (regarding travel dates, destination, starting location of the trip, or the property), you must contact us.

You do not have the automatic right to cancel or change a reservation unless the company allows it based on its Terms and Conditions (provided to you before making a reservation).

The company may charge you fees for canceling (in whole or in part) or changing a reservation. These charges will be specified in the Terms and Conditions. You agree to pay any fees incurred. Note that in the case of changes, the price of your new agreed services will be based on the prevailing price at the time you request the change. This price may not be the same as when you originally booked the travel and/or accommodation services. Prices tend to increase the closer to the departure date the change is made.

Read the applicable Terms and Conditions to know the terms governing your reservation. For example:

If you book a stay at a property and do not cancel or change your reservation before the period specified in the cancellation policy, you may be subject to cancellation or change fees, as indicated in the relevant Terms and Conditions.

Some properties do not allow cancellations or changes to reservations once made.

In case of no-show or early departure, a penalty for the total stay will apply (applicable for all seasons).

First night no-show. If you do not show up for the first night of your reservation and plan to check in for subsequent nights, confirm with us before the original check-in date. If you do not confirm, your entire reservation may be canceled. The penalty for unused nights will be charged.

18.- Group Reservations

You cannot book more than four rooms for the same property and the same stay dates through our Service. If you book more than four rooms in separate reservations, we may cancel them. If you wish to book more than four rooms, please call the destination hotel directly.

19.- Meals

If meals are included in your stay reservation, the number of meals included depends on the number of nights of your stay. Full board typically includes breakfast, lunch, and dinner. Half board typically includes breakfast and either lunch or dinner. No refunds will be made if you do not consume one or more meals.

If the stay does not include meals, you will have to pay for them according to the prices displayed in the dining areas.

20.- General

Any claim related to this agreement or the materials contained herein shall be governed by the laws in force in the United Mexican States and by the Federal Consumer Attorney's Office (https://www.gob.mx/profeco). This statement comprises the entire agreement between the parties regarding the subject matter hereof and invalidates all prior oral and written agreements. Therefore, any delay or failure by TESORO HOTELS & RESORTS to exercise any right or remedy hereunder or enforce the terms and conditions of this Agreement shall not be used as a waiver. If any part or provision of this Agreement is found to be invalid, unenforceable, or void, the remaining portion shall remain in full force and effect. The headings contained in this Agreement are used merely for reading convenience and shall not be used in interpreting the Agreement.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and TESORO HOTELS & RESORTS as a result of this agreement or the use of this website.

The fictitious names of companies, products, people, characters, and/or data mentioned herein are not intended to represent any real individual, company, product, or event.

Any right not expressly granted herein is reserved.

Last updated: July 2024