Website Terms of Use

LEGAL NOTICE "HRHCANCUN.COM". - COPYRIGHT. TERMS AND CONDITIONS FOR THE USE OF THIS WEB SITE ACCEPTED BY THE USER.

IMPORTANT: READ BEFORE USING

This is a binding legal agreement between You ("You" or "User") and the Hotel, regarding Your use of this Website and any service offered through or provided by this Website. Please read this Agreement carefully and print and retain a copy of this Agreement for Your records. By using, viewing, transmitting, storing, receiving and/or otherwise utilizing this Website and/or its contents in any way, You are accepting all the terms and conditions set forth below in these Terms of Use. If You do not agree to each and all of these terms and conditions, please do not use this Website. We reserve the right, at our discretion, to change and or modify portions of these Terms of Use at any time without notice and, unless otherwise indicated, such changes will become effective immediately upon posting; therefore, please check these Terms of Use periodically for changes.

User acknowledges that any payment made via this Website is processed by a third party service provider including, among others, Corporación Innmobiliaria KTRC, S.A. DE C.V. on behalf of the Hotel. Any Service Providers are independent contractors which do not own or operate this Website nor the Hotel, and Service Providers are not affiliates or subsidiaries of the Hotel or HARD ROCK LIMITED.

AIC is a sales and marketing office engaged in the business of promoting, selling, and marketing hotel travel packages for, among others, the Hotel. AIC is not an agent or employee of the Hotel. Neither AIC and its affiliates or the Hotel and its affiliates are liable for the acts, errors, omissions, representations, warranties, breaches, or negligence of the other or for any personal injuries, death, property damage, other damages, or expenses resulting from acts associated with the other.

"HARD ROCK" is a trademark of services and/or products that are either registered or are being registered before the proper authorities owned by "HARD ROCK LIMITED", a "JERSEY CHANNEL ISLAND CORPORATION" and its affiliates. The Hotel is a trademark, logotype, and registered trade name describing all its subsidiary companies and related companies or entities, involved in the hotel business around the world. Any and all links to internet resources, the description of those resources and the information contained within this Website are deemed copyrighted material. You are not authorized to copy, reproduce either physically or logically, or modify any portion of this Website without the prior written authorization of the Hotel. The name of Hotel and its trademarks, patents and copyright material may not be used in advertising or publicity without specific, prior, written permission of the Hotel. The Hotel reserves the right to bring any civil, criminal or administrative action or any other action, arising from the improper or unauthorized use of this Website, including for infringement of its trademarks.

The Hotel is being operated under a license agreement from Hard Rock Limited, a Jersey Channel Islands Corporation. The Hotel operates the premises and this Website for its own account and Hard Rock and its affiliates are not liable for any acts, omissions, misrepresentations, liabilities, debts, or defaults relating to or in connection with the Hotel.

Contracting and Changes to Your Reservation

Once Your booking is confirmed, You will receive an e-document formalizing the booking for Your record. This e-document fully informs you about Your booking and any related content.

Once the booking has been formalized, we ask customers to check its contents to identify any possible errors that may have occurred when entering the details; in case of needing to correct anything, please call the Hotel's central booking number at 1-855-537-4606 in USA or 1-817-567-7516 for rest of the world or send an e-mail to onlinereservations@hrhaic.com, giving the booking identification details.

General

The headings and subheadings contained in these Terms of Use are exclusively for the User’s convenience only and shall not be considered in interpreting the provisions of this Agreement. The User shall access this Website at the User’s own risk and the User is responsible for complying with the laws of the jurisdiction where the User is located. You agree that You will not use this Website for any purpose that is illegal, unlawful, or prohibited by these Terms of Use. You agree that You will not interrupt, disrupt, alter, destroy, impair, restrict tamper, or otherwise affect the proper operation of this Website in any way, including, without limitation, through the use of any malicious or unauthorized code, virus, worm, Trojan horse, malware, or program. You may not use this Website in any threatening, libelous, slanderous, defamatory, obscene, inflammatory, pornographic, discriminatory, or otherwise offensive manner. We reserve the right in our sole discretion to revoke or deny Your access to this Website, including, without limitation, if You violate any of the provisions of these Terms of Use.

The failure of the Hotel to enforce at any time any of the provisions of this Agreement shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of the Hotel to enforce each and every such provision thereafter. The express waiver by the Hotel of any provision, condition, or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition, or requirement.

Refund Policy

Any and all refunds, if applicable, are at the sole discretion of the Hotel. AIC, at the direction of Hotel, will process payment of any applicable refunds. For assistance with a refund, please contact the Hotel directly via one of the methods provided at https://hotel.hardrock.com/cancun/contact.aspx

Age

Minors under the age of 18 years old are not permitted to use this Website. Parents, guardians or any adult who is responsible for overlooking the acts of a minor will be held liable for any of such minor’s acts resulting in any damage or loss caused by the use of this Website to the Hotel or to any Third Party.

Ownership and Restrictions on Use

This Website is owned and operated by the Hotel. All materials contained in this Website are the copyrighted property of the Hotel. No material from this Website or any Website owned, operated, licensed, or controlled by the Hotel may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that You may download one copy of the materials from this Website onto a single computer for Your personal, non-commercial home use only, provided You keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of the Hotel’s copyright and other proprietary rights, provided that any offer or fee announced in such saved file shall not be considered as an offer or fee by the Hotel, since such offers or fees may vary from time to time. For purposes of these Terms of Use, the use of any such material on any other Website or computer network environment is expressly prohibited. The Hotel owns or has a license to use all right, title and interest in and to all Trademarks on this Website. To the extent this Website provides interactive capabilities that allow You to submit information or data on the Website, You expressly acknowledge You may not upload to, distribute through, or otherwise publish through this Website any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage an administrative or criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law. By uploading or submitting any lawful materials to us, You automatically grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and create derivative works from and distribute such materials or incorporate such materials in any manner.

Liability Disclaimer

YOU AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THE MATERIALS IN THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSES OR IMPLIED. TO THE EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE HOTEL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE HOTEL DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE HOTEL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT THE HOTEL) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.

No Unlawful or Prohibited Use

As a condition of Your use of this Website, You warrant to the Hotel that You will not use this Website for any purpose that is unlawful or prohibited by these Terms of Use, conditions, and notices. In the event You submit any unlawful, prohibited or offensive material or content to the Website any liability or damages arising from such action shall be Your sole responsibility.

Limitation of Liability

To the maximum extent permitted by law, the Hotel, Service Providers, and any third parties connected to the Hotel hereby expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by any User in connection with this Website or in connection with the use, inability to use, or results of the use of this Website, any websites linked to this Website and any materials posted on this Website, including, without limitation any liability for loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to Your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above. The Service Providers shall not be held liable for any operation or transaction related to the Hotel. In case of any dispute, it must be addressed to the Hotel and the legal provisions and jurisdiction of the location of the Hotel shall apply in all cases.

Idea Submission

The Hotel does not accept unsolicited ideas about marketing, advertising or products. Please do not submit to or through this Website any material or ideas, including creative material of any kind. In the event You send any material or content to the Website any liability or damages arising from such action shall be Your sole responsibility.

Currency Conversion

Currency rates are based on publicly available sources and should be used as guidelines only. Room rates are guaranteed only in US Dollars. Currency quotes are not updated daily. The Hotel does not warrant or guarantee the accuracy of any currency information posted on this Website.

Links to Third-Party Sites

Links to other sites that may be of interest to You are provided solely for Your convenience. By providing these links, we are not endorsing, sponsoring or recommending, nor do we imply any type of association with such sites or the materials disseminated by or services provided by them, and are not responsible for the materials and content, at or related to or from any other site.

Scope of Service

AIC, Hotel, or both, provide an online reservation platform through which the Hotel can advertise its products and services, and through which guests may make reservations. AIC is responsible for the reservations made on this Website. Notwithstanding any other provision contained on these Terms of Use, by making a reservation through this website, you are entering into a legally binding contract with the Hotel, and the Hotel’s terms, conditions, and governing law provisions apply and supersede any terms and conditions otherwise to the contrary.

User Rights

Users have the following rights:

  • Confidentiality: The Hotel shall not provide the User's information to any third party outside of any transaction that User carries on in this Website, subject to the provisions set forth in the PRIVACY POLICY section herein.
  • Security: The Hotel, uses its best effort to provide administrative, technical, and physical security for the WEB SITE pursuant to section 19 of the Federal Act for Protection of Personal Data in Possession of Private Entities(Ley Federal de Proteccion de Datos Personales en Poder de Particulares). However, The Merchant, is not responsible for any breach of security that affects or may affect the user of the WEBSITE in any manner. You enter the website at your own risk.
  • Inquiries: Any term or condition provided herein or any offer, notice, fee or price may be clarified and explained to the User by contacting the phone number or address provided below.
  • Options: Users are entitled to choose the quantity and quality of the products and services provided by The Hotel, however, the products and services of the Hotel are provided “as is.” Therefore, such products and services are subject to quantity or quality availability and business capacity, including, but not limited to, hotel capacity and traveling season's fees.

By supplying your cell phone number you agree to receive SMS and MMS messages on your mobile phone, including messages regarding services and promotions. Third parties who provide services such as text messaging or SMS or MMS delivery on our behalf may also access your personal information to provide those services. These third parties will be contractually bound to treat your information in accordance with our applicable privacy policies. You may choose to opt out of receiving SMS and MMS messages from us at anytime by responding to the SMS or MMS message with the word "STOP".

Termination

These terms are effective until terminated by the Hotel, for any reason, with or without notice. Upon termination, You must destroy all materials obtained from this Website and any and all other materials relating to the Hotel, Website, and all copies thereof, whether made under these terms or otherwise.

Jurisdiction and Venue

These Terms of Use shall be construed and enforced under the laws of the City of Cancún, State of Quintana Roo, United States of Mexico, applicable to contracts executed and performed within Quintana Roo, Mexico. You specifically agree and submit to the jurisdiction of the State and Federal Courts situated in Quintana Roo, Mexico, and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of this Website. You will not object to jurisdiction or venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. You agree that you will not file or participate in a class action against us. YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY. The foregoing shall not apply to the extent that applicable law in your country of residence requires application of another law and/or jurisdiction and this cannot be excluded by contract.

This document of Terms and Conditions is the entire agreement between the parties. For inquiries regarding this document of Notification of Terms and Conditions, contact:

The Hotel
Information Technologies
Blvd Kukulcan km 14.5 Zona Hotelera
Int. Hard Rock Hotel Cancun
Cancun, Quintana Roo 77500 Mexico
TEL. 011-52(998)8813600
FAX. 011-52(998)8813601
info@rcdhotels