These Terms of Use (the “Terms”) apply to the Evoke ¨Lifestyle Experience¨ website located at www.evokeclub.com.mx and all associated sites linked to www.evokeclub.com.mx by Evoke ¨Lifestyle Experience¨ and its affiliates (collectively, the “Site”). The site is the property of Evoke ¨Lifestyle Experience¨ and its licensors. By using the Site, you agree to these Terms.
Evoke ¨Lifestyle experience¨ may at any time revise or modify these Terms by updating this posting. You are bound by such revisions and modifications so we encourage you to visit this page to review the most current Terms from time to time. Evoke ¨Lifestyle Experience¨ reserves the right to, without notice and for any reason, modify or remove content from this Site, suspend or terminate the operation of the Site and deny access to any user to all or part of this Site.
CONTENT
You should assume that all text, graphics, interfaces, photographs, trademarks, logos, sounds, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned or licensed by or to Evoke ¨Lifestyle Experience¨, and is protected by copyright and trademark laws, and various other intellectual property rights and unfair competition laws.
You may download Content displayed on this Site for personal, non-commercial use only. You must retain all copyright and other proprietary notices on downloaded Content. You may not reproduce, republish, post, publicly display, transmit or distribute any Content unless expressly permitted in these Terms or elsewhere on the Site.
SUBMISSIONS
We appreciate hearing from you. Please note that, apart from your personal information (which is addressed in our Privacy Policy), any communications or materials you send to the Site, including data, questions, comments, suggestions or submissions (“Submissions”), are and will be treated as non-confidential and nonproprietary. Evoke ¨Lifestyle Experience¨ may use your Submissions for any purpose, including reproduction, transmission, disclosure, publication, broadcast, and posting. By making a Submission to the Site, you irrevocably transfer and assign to Evoke ¨Lifestyle Experience¨ copyrights or other rights that you may have in such material and you waive any right to compensation.
Evoke ¨Lifestyle Experience¨ takes no responsibility and assumes no liability for any Submissions posted or submitted by you. We reserve the sole discretion to determine whether to publish or use your Submissions. You are fully responsible for the content of your Submissions and will be solely liable for any damages resulting from any violation of any law or the rights of Evoke ¨Lifestyle Experience¨ or any other person, or any other harm resulting from your Submissions.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless Evoke ¨Lifestyle Experience¨ and its affiliates and their respective directors, officers, employees and agents from and against all demands, losses, liability, claims or expenses, including attorneys’ fees, made against Evoke ¨Lifestyle Experience¨ by any third party due to or arising out of or in connection with your use of the Site.
RESERVATIONS AND DEPOSITS
Reservations are accepted with a valid credit or debit card as a guarantee. Reservation deposits are automatically charged within 24 hours of making a reservation. Final payment is due 45 days prior to arrival date. For holiday periods, final payment is due 90 days prior to arrival date. A refundable security deposit and accidental damage waiver (ADW) is required for privately owned villa and select condominium reservations.
RATES
Rates are based on season, room type and number of guests. Rates are per night and do not include tax or hotel service charges if applicable. Each reservation is for a specified number of guests and/or rooms. Additional fees apply when the specified occupancy and/or rooms is exceeded.
CONFIRMATION DOCUMENTS
Confirmation documents are normally sent out 21 days prior to trip arrival date. These documents may be delayed if final payment and the required forms are not received on time.
RATES AND ACCOMMODATION SUBSTITUTION
Prices, services and amenities are subject to change without notice. Evoke ¨Lifestyle Experience¨ reserves the right to substitute similar services, accommodations or amenities if they become unavailable due to circumstances beyond our control or if a price, service or amenity was shown or quoted incorrectly. All prices are in U.S. Dollars ($USD).
AGE REQUIREMENTS
Privately owned villas and condos have a minimum age requirement of 25. Most hotels require a minimum age of 21; requirements vary from hotel to hotel. You must be a minimum age of 21 to rent a car and have a major credit card. Surcharges may apply for drivers ages 21-24.
PRIVATELY OWNED VILLAS AND CONDOMINIUMS
Cancellations: Payments are non-refundable and non-transferable, unless Evoke ¨Lifestyle Experience¨ is able to re-rent the same property for the same rate and period of time, subject to a $200 cancellation fee.
Rescheduling: You may reschedule 21 days or more prior to your arrival date, with the same property and number of nights, for travel within one year of the original check-out date, subject to a $100 rescheduling fee. Rescheduled reservations are subject to availability and any applicable price increase for dates of stay. One (1) rescheduling per reservation is permitted.
Note: Holiday and Limited Offer reservations may not be rescheduled.
Security Deposit: A security deposit in the amount of 25% of the rent plus tax is required for each reservation. This deposit shall be made as a credit card pre-authorization (Minimum $1,000) to the customer’s credit card within 4 days of the scheduled arrival date. (Debit cards are not recommended) A cash deposit is required in lieu of a credit card preauthorization for specific properties and/or reservation types. Applicable security deposit refunds are typically made 14 days after the check-out date. Credit card pre-authorization deposits typically cancel after 7 days and may need to be reissued depending on the length of stay. Renter agrees that he/she is responsible for damages, loss of inventory, excessive cleaning fees, HOA fines, event fees, excess occupancy fees and service charges during occupancy dates.
OCCUPANCY
The maximum number of persons permitted in a reserved property is restricted to the contracted number of guests for each reservation. Renter must disclose the number of persons in his/her group as well as the name of every member of his/her group. Evoke ¨Lifestyle Experience¨ reserves the right to refuse entry or to evict persons not named as members of Renter’s group. If this limit is exceeded, excess guest fees will be charged.
• No events, parties, weddings or other gatherings are allowed without express prior written permission from Evoke ¨Lifestyle Experience¨. Renter may not engage in any activities that disturb the quiet enjoyment of others; In addition to the rent, an event, party, wedding or gathering fee will be charged. Events and event fees are subject to the property owner’s approval. (A typical event fee is equal to one nights rent, however the specific amount of this fee is determined by the property owner)
• USE: Any commercial or promotional use(s) of the property requires prior express written approval from the property owner and is subject to additional use fees.
HOTELS AND RESORTS
Cancellation/Change Policy – Resorts: Once a reservation is under deposit, there is no additional www.evokeclub.com.mx (Evoke ¨Lifestyle Experience¨) penalty to cancel or make changes to the reservation beyond any property-specific penalties imposed by the resort directly. Most hotels charge 1 night cancellation inside 72 hours, please refer to your invoice for specific penalties. Cancellation and change penalties vary by resort and dates of travel. Ask your Cabo Specialist for more details about your reservation.
SERVICES AND ACTIVITIES
Changes: Once reservation is under deposit, a $50 per reservation fee applies to changes in travel arrangements.
Cancellations: Once reservation is under deposit, a fee of $50 per reservation applies. Reservations are non-refundable if cancellation is made 14 days or less prior to arrival.
Note: Additional change and cancellation fees may be charged by service and activity vendors and these fees are assessed in addition to Evoke ¨Lifestyle Experience¨ fees.
REFUNDS
Unused portions of accommodations, services or activities are non-refundable. All refund requests must be submitted in writing within 30 days of cancellation. Reservations made for travel during the holiday period (12/17-1/4) are subject to a surcharge, and cancellation fees may be up to 100% of payments.
FORCE MAJEURE POLICY
In the event of a natural disaster or travel restriction in the customer’s final destination which prevents travel, customer will have the option to reschedule accommodations and services booked for use within one year of the original travel dates. (Same property and services) Should a natural disaster occur while the customer is in their final destination causing the customer to depart early, they may reschedule the unused portion of their accommodations and/or services within one year of the original travel dates. (Same property and services) Rescheduled reservations are subject to current rates for the dates selected at the time the accommodation or services are requested.
NOT INCLUDED IN PRICES
Prices do not cover expenses or services not mentioned, including but not limited to air transportation, gratuities, meals, beverages, parking fees, insurance, resort fees, HOA fees, telephone fees, internet fees, laundry service, cleaning and other items of personal nature.
BAGGAGE
Neither Evoke ¨Lifestyle Experience¨ nor selling agent shall be responsible for the loss, damage or delay of customer baggage.
PHYSICAL DISABILITIES Mexico does not conform to U.S. American Disabilities Act standards, therefore accommodations and facilities for disabled persons are extremely limited in Mexico.
PROOF OF CITIZENSHIP AND PASSPORT
When traveling to Mexico, you must have a valid passport. It is the passenger’s responsibility to provide these documents. No refunds will be made to passengers affected by their failure to possess proper documents. All U.S. citizens must also carry a Mexican Tourist Card, which is supplied by the carrier. Children under 18 years of age must travel with the consent of both parents. If a minor is traveling with only one parent, that parent must hold a notarized letter of consent from the absent legal parent, or a copy of the death certificate is necessary. Failure to comply may result in denied boarding by the carrier. Non-U.S. Citizens should contact the Mexican Consulate for specific entry and visa requirements.
RESPONSIBILITY AND ASSUMPTION OF RISK
The property owners and suppliers which provide in-destination services such as concierge, hosting, meet and greet, accommodations, activities, tours and transportation for Evoke ¨Lifestyle Experience¨ are independent contractors and are not agents or employees of Evoke ¨Lifestyle Experience¨. Each guest acknowledges that accommodations, activities, tours, services, roads, traffic laws, transportation, sanitation (water and food), building standards, insurance practices, and medical care are not as highly regulated as those in the United States. Guests may encounter the following risks: slippery floors and stairs, especially when wet, precipitous drop-offs at or around some of the residences, unfenced pools, poorly designed or faulty electrical, plumbing and gas systems, dangerous driving conditions, poorly maintained or equipped vehicles, and dangerous stairs or pathways. Some activities that guests engage in are especially dangerous, and include motorized off-road vehicles such as Jeeps, Hummers, buggies and other four-wheel ATVs, motorcycle, scooter, and horseback riding, hiking, climbing, rappelling, jet skiing, jet pack, kayaking, para-sailing, zip lines, bungee jumping, sky diving, SCUBA diving, snorkeling, ultra-lite flying, sailing, ocean cruises, fishing, golfing, pool and ocean swimming, and surfing. The above list is not all-inclusive, and simply points out some of the hazards of vacationing in Mexico. Therefore, each guest agrees that he/she is voluntarily participating in any and all activities, risks, and use of the accommodations, and hereby assumes all risk of injury, illness, damage or loss to person and property that might result; including, without limitation, any loss or theft of personal property.
DISCLAIMER
Evoke ¨Lifestyle Experience¨ does not assume responsibility or warrant the accuracy of the information contained herein. It is the sole responsibility of all parties engaging in business with Evoke ¨Lifestyle Experience¨ to perform any necessary due diligence to ensure that all representations made are true and factual to said parties’ satisfaction.
LIMITATION OF LIABILITY
Evoke ¨Lifestyle Experience¨ reserves the right to refuse business to any person(s) for any reason. By booking one of these vacations, you acknowledge that, in all events, Evoke ¨Lifestyle Experience¨ shall not be liable for any consequential damages, and that the sole extent of ESSV liability shall never exceed the amount actually paid by you to Evoke ¨Lifestyle Experience¨. Each guest agrees on behalf of himself/herself (and your personal representatives, heirs, executors, administrators, agents and assigns) to release and discharge Evoke ¨Lifestyle Experience¨, its employees, agents, officers, directors and shareholders, from any and all claims or causes of action (known or unknown) arising out of the negligence of Evoke ¨Lifestyle Experience¨. This includes, without limitation, injuries or damages arising from Evoke ¨Lifestyle Experience¨ negligence which may occur in or around the accommodations, any activity engaged in by the guest, including but not limited to all activities listed above, and any negligent inspection, supervision, instruction, and/or maintenance by Evoke ¨Lifestyle Experience¨, defect in vehicles, breakdown in equipment, loss of utilities (including but not limited to water, electricity, propane, phone and internet service), accident, sickness, acts of God, strikes, terrorism, war, theft, delays, inconvenience, construction, cancellations, or changes in itineraries or schedules.
VENUE IN CASE OF DISPUTE
When booking a vacation to Mexico and using the services of Evoke ¨Lifestyle Experience¨, you acknowledge and agree that the proper legal venue for any dispute or claim regarding vacation arrangements made by Evoke ¨Lifestyle Experience¨ shall be made in Mexico
NO WARRANTIES; LIMITATION OF LIABILITIES
While Evoke ¨Lifestyle Experience¨ uses reasonable efforts to include accurate and up-to-date information on the site, Evoke ¨Lifestyle Experience¨ makes no warranties or representations as to its accuracy. The properties, information, products and services published on this site may include inaccuracies or errors, including pricing errors. In particular, Evoke ¨Lifestyle Experience¨ does not guarantee the accuracy of, and disclaims all liability for any errors or other inaccuracies relating to the information and description of the villas and other travel products displayed on this site (including, without limitation, the pricing, photographs, list of amenities and general product descriptions), much of which information is provided by the respective suppliers. In addition, Evoke ¨Lifestyle Experience¨ expressly reserves the right to correct any pricing errors on the site and/or on pending reservations made under an incorrect price. In such event, you will have the option to keep your pending reservation at the correct price or cancel your reservation without penalty. The property owners and other suppliers providing travel or other services in connection with the site are independent contractors and not agents or employees of Evoke ¨Lifestyle Experience¨. Evoke ¨Lifestyle Experience¨ and its affiliates are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. By offering travel products and services located in particular destinations, Evoke ¨Lifestyle Experience¨ does not represent or warrant that travel to such points is advisable or without risk, and is not liable for damages or losses that may result from travel to such destinations.
The information and services provided or referenced on the site are provided “as is” and with all faults, and the entire risk as to satisfactory quality, performance, accuracy and effort is with the user. In no event shall Evoke ¨Lifestyle Experience¨, its affiliates and/or their respective suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of or access to this site or the delay or inability to use this site, or for any viruses, information, software, linked sites, products and services obtained through the site, or otherwise arising out of the use of the site, whether based on contract, tort, negligence, strict liability, or otherwise, even if Evoke ¨Lifestyle Experience¨, its affiliates or any of their respective suppliers has been advised of the possibility of damages.
If, despite the limitation above, Evoke ¨Lifestyle Experience¨ , its affiliates or their respective suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then Evoke ¨Lifestyle Experience¨, its affiliates or their respective suppliers liabilities will in no event exceed the greater of the total related rental revenue paid by you at the time of the occurrence or USD $100.00.
