Terms and Conditions 

Last updated date: February 14th, 2024 

These terms and conditions (hereinafter the “Terms and Conditions”) regulate and  apply the right of access and use of the site www.piensamexico.com and/or www.thinkinmexico.com (hereinafter the “Site”) and the application of the Android  and iOS operating systems (hereinafter the“ App” and together with the Site, the  “Platform”) operated and/or managed by Promociona y Piensa en México, S.A.P.I  de C.V. (hereinafter “Think in Mexico” or "We", interchangeably). 

By using the Platform, the user (hereinafter "You" or the "User", interchangeably)  accepts, for all applicable legal purposes, to abide by and subject to these Terms  and Conditions, as indicated below. If you do not accept them, you will not be able  to access the Platform. 

As detailed in Section 2 of these Terms and Conditions, Think in México is only the  operator and/or administrator of the Platform, which is a point of contact between  providers of tourist services (hereinafter the “Providers”) and/or their intermediaries  (hereinafter the “Intermediaries” and together with the Suppliers the “Service  Providers”), in order for the former to offer tourist services (hereinafter the “Tourist  Services”) to the User and that the User may publish certain content referring to them  as established in Section 6 of these Terms and Conditions. Think in México is not a  Tourist Services provider and, therefore, at no time offers, controls, provides or  manages such services. 

Our Privacy Notice is an integral part of these Terms and Conditions and can be  found at the following web address: https://piensamexico.com/privacy-policy 

1. User Statements. 

Upon visiting, browsing and/or using the Platform, the User: (i) is subject to these  Terms and Conditions and agrees to comply with them; (ii) guarantees to Think in  Mexico that he/she is of legal age in accordance with the applicable legislation, with  the legal capacity to be subject to these Terms and Conditions; and (iii) in the event  that he/she provides information to Think in Mexico, undertakes to do so in a truthful,  updated, complete and accurate manner.

2. Tourist Services. 

2.1 Scope of Tourist Services. 

The Platform allows Service Providers to offer Tourist Services to the User. Tourist Services include, but are not limited to, accommodation, flights, excursions,  experiences, tourist activities, cruises, car rentals, among others. 

When the User makes use of the Platform and, where applicable, makes a booking  request for the Tourist Services through the Platform and receives a Confirmation  Email (as such term is defined below), the User is contracting the Tourist Services  directly with the Service Providers. Think in México is not a party to such relationship,  nor does it act at any time as an intermediary in it, except for the purposes of the  collection process described in Section 2.3 of these Terms and Conditions.  Therefore, it is not directly or indirectly obliged to provide any Tourist Services, nor  is it responsible at any time for the provision of them. 

All details of information published on the Platform regarding prices, characteristics,  restrictions, rates, refund policies, cancellations, clarifications, payment methods,  among others, shall at all times be those established by the Service Providers. In addition, the Tourist Services are also subject to the terms and conditions of the  Service Providers. Therefore, it is the responsibility of the User to review and confirm  the specific policies and conditions of the relevant Service Provider for each  particular Tourist Service. 

2.2 Reservation Request Process. 

Once the User has selected the Tourist Services that he/she intends to contract, the  Platform will inform the User of the total price thereof and the details of the  reservation. By making a reservation request for the Services, the User agrees to  pay any and all applicable charges, fees, taxes, commissions and other amounts  (the “Total Price”), provided that any reservation request is subject to confirmation in  accordance with the terms set forth in Section 2.4 of these Terms and Conditions.  All reservation requests will be subject to availability and validation by Tourist Service providers.  

Such Total Price shall include, but not be limited to; (i) taxes; (ii) applicable fees; (iii)  discounts and promotions, including any coupons or discount codes. 

It is the responsibility and obligation of the User to comply with any requirements  and terms of such reservation, as well as to read, inform himself/herself and  understand it.

2.3 Payment.  

By making a reservation request for the Tourist Services, the User authorises Think  in México or the Service Providers to charge the Total Price.  

The payment mechanism for the Tourist Services will be through charges to the  credit or debit card provided by the User through the Platform, as processed by  aggregators, gateways or payment platforms. Access to the sites or services of such  aggregators, gateways or payment platforms shall be through links or directly on the  Platform and shall be governed by the terms and conditions of use of the applicable  third party and/or any agreements between the User and such third party(ies) and,  where applicable, their privacy notice. Think in México is not responsible for these  processes. 

The User accepts and acknowledges that, in the event that Think in México carries  out collection activities, it will act in the name and on behalf of the Service Providers  exclusively for the purposes of such activities, to administer them and, if applicable,  for the purposes of any reimbursements made in accordance with Section 2.5 of  these Terms and Conditions.  

2.4 Confirmation of Hiring Tourist Services.  

Once the booking request for the Tourist Services has been made, and the payment,  availability and validation of the Tourist Services have been confirmed, the User will  receive an email confirming the Tourist Services contract, with the payment details  and the terms and conditions included in it (hereinafter “Confirmation Email”). 

The User agrees and accepts that in the event that he/she does not receive a  Confirmation Email he/she shall: (i) check their inbox and spam folder, (ii) log into  their account from the Platform and confirm their reservation, (iii) print their  confirmation from the Site, and/or (iv) send an email to  reservations@piensamexico.com adding their reservation number. The procedures  mentioned are for Think in Mexico to be able to resend the Confirmation Email to the  User.  

Such Confirmation Email may be sent to the User either by Think in Mexico or by  any Tourism Service Provider. 

2.5 Cancellations and Refunds. 

The User understands that the Service Providers have their own refund and  cancellation policies and Think in Mexico assumes no responsibility to the User for  such policies.  

In witness whereof, once the User has selected the Tourist Services he/she intends  to contract, and at the time the Platform displays the Total Price, the User may view  and, if applicable, confirm the Service Provider's refund and cancellation policies or  any related information that will govern the services provided by the latter.  

Notwithstanding the provisions of this section and the cancellation policies of the  Service Providers, the User accepts, acknowledges and authorises them to, if  applicable, retain up to 3.5% (three point five percent) of the Total Price as an  administration fee for the cancelled reservation, whereby the Service Providers, if  applicable, will deduct the applicable amount from the refund due to the cancellation. 

2.6 No Warranties. 

At no time Think in Mexico makes any representation and/or warranty of any kind  related to the Tourist Services nor to the functions of the Platform. Therefore, it shall  not be liable for any imprecision, confusion, inaccuracy, falsehood, ambiguity arising  out of or in connection with the information and/or documentation provided by the  tourism Service Provider.  

In this regard, Think in Mexico shall at no time be understood as a promoter and/or  sponsor of the Service Providers and shall not be responsible for the quality,  efficiency and conditions of the Tourist Services offered on the Platform. 

2.7 Register of Tourism Service Providers.  

In the event that You are a tourism service provider or an employee or intermediary  of a tourism services company, and you want to collaborate with Think in Mexico to  be a Tourism Service Provider, offering your services through the Platform, you may  do so in the "Supplier Registration" section. In this section, you must fill in the  requested fields and provide complete, authentic, accurate and current information.  

You agree and acknowledge that Think in Mexico will evaluate the information  provided and may, where appropriate, contact you through the means of contact  provided, including but not limited to e-mail.

For the purposes of the foregoing, You accept such e-mail as legally valid and  acknowledge that any consent, authorization and/or communication made by this  means shall be binding on You. 

3. Billing. 

In case the User requires an invoice for the purchase of the Tourist Services, the  Platform will display a section called "Request your Invoice" after the Confirmation  Email and/or after logging into their account from the Platform and confirming their  reservation, in which the User must fill in the requested fields.  

The User declares that the invoice will be issued with the fiscal data provided by the  User, and it is the User's sole responsibility to ensure that such data is accurate,  precise, truthful and in force. Think in Mexico, the Service Providers or any other  third party service provider shall not be liable in the event of issuing an invoice with  incorrect data provided by the User. 

Access to the sites or services to request such an invoice must be made exclusively  and directly on the Platform or through links provided on the sites or services. 

4. Use of the Platform. 

In order for the User to access the Platform and request a reservation of the Tourist Services, the User may do so; (i) as a guest, and if so it will not be necessary to  register and create an account on the Platform or; (ii) by registering and  subsequently creating an account through the Platform, through which the User must  provide complete, authentic, accurate and current information. Once the necessary  fields have been filled out, the User must establish his/her username and password  which will serve as a personal and confidential personal identification mechanism  (hereinafter the “Account”), which will be considered as an electronic signature for  the mere purposes of Article 89 of the Commercial Code. 

In case the User creates his/her account and/or logs into his/her account through  Facebook and/or Google, such logins shall be governed by the terms and conditions  of the cited platforms. 

4.1 User Account. 

The User agrees and acknowledges that the Account serves to identify the User  electronically and any consent or authorisation provided by him/her through the  Platform, including but not limited to acceptance through checkboxes, shall be  deemed to be the User's express written consent. In addition, the User acknowledges and accepts that the Account shall be a valid and binding means of  communication between the User and Think in Mexico. 

The User agrees and acknowledges that he/she may not register more than one  Account in his/her name, nor transfer his/her Account to any third party. It is the sole  and exclusive responsibility of the User to maintain the confidentiality and security  of his/her Account. In the same way, the User is and will be solely responsible for  the activities carried out through his/her Account, and in case he/she suspects that  his/her Account has been stolen, replaced and/or hacked, he/she will have the  obligation to communicate it immediately to Think in Mexico at the following email  address: privacy@piensamexico.com. 

The User agrees not to replace any person or entity and not to misrepresent his or  her identity or affiliation with any person or entity, including the User's name, email  address, password and/or any other information related to the Account.  

4.2 Blocking and/or suspension of the account and/or access to the Platform. 

The User acknowledges that the use of the Platform is for personal use only and  does not give him/her any ownership or intellectual property rights in the Platform.  In this regard, Think in Mexico reserves the right to block, suspend and/or deny  access to the account of any User or prohibit him/her from accessing the Platform  and its content if the company merely considers that the User has violated these  Terms and Conditions and/or is misusing the Platform. 

4.3 Use of Email Address. 

By providing the email address, the User accepts and agrees that such email  address is accepted as legally valid and acknowledges that any consent,  authorisation and/or communication made by this means shall be binding on the  User.  

For the reasons aforementioned, it is the User's responsibility to check the inbox of  the email as well as the spam folder in order to confirm that he/she is actually  receiving emails from Think in Mexico. 

5. Promotions and Benefits. 

When the User creates an Account to access the Platform, he/she will be able to  enjoy preferential prices, discounts and/or exclusive promotions on the Tourist  Services offered by the Service Providers (hereinafter the “Benefits”) as informed  through the Platform itself. It is understood that any discounts will apply to the base price of the participating Tourist Services and will not include discounts on taxes  and/or any other charges. 

In addition, from time to time Think in Mexico may establish promotions applicable  to the general public on the Platform and it is being understood that each such  promotion shall at all times be subject to these Terms and Conditions (as long as  they may be modified from time to time) and any other special terms and conditions  applicable to such promotion, including restrictions on dates, seasons, schedules,  type of rates, among others, as listed on the Platform or informed through it  (hereinafter the " Promotions”). 

6. User Content and Think in Mexico Content.  

The User may share and publish his or her username, opinions, usage experiences,  tips, comments, and other content related to the Tourist Services (hereinafter the  "User Content"), subject to these Terms and Conditions, in particular the Platform  Use Policies drawn up in Section 7 of these Terms and Conditions. The foregoing  takes for granted that the User may not at any time publish any photograph or image  on the Platform.  

Think in Mexico acknowledges that such User content is his/her exclusive property  and that he/she acknowledges that he/she is solely responsible for such content and  its legal scope. Notwithstanding all that previously expressed, the User hereby  grants Think in Mexico for all legal purposes whatsoever, a perpetual, sub-licensable  and non-exclusive licence to copy, distribute, modify, create derivative works of and  make any other use of the User's content. All this implies that the only remuneration  the User will receive for the grant of such licence will be the right to publish the User  Content on the Platform.  

Think in Mexico reserves the right to remove or modify User Content as it sees fit,  even though Think in Mexico has no obligation to User Content. 

The User guarantees that he/she is the owner of the User Content and agrees that  he/she shall be, at all times and for all legal purposes whatsoever, solely responsible  for his/her content, hereby releasing Think in Mexico from any liability with respect  to such contents and agreeing to hold Think in Mexico harmless from any dispute or  controversy that may arise in relation to his/her contents. 

In addition, the User acknowledges that the the content published is owned and  provided by him/her and that Think in Mexico shall have no liability whatsoever in  connection with such contents. 

From time to time and at its sole discretion, Think in Mexico may publish current  information and other content (hereinafter the “Content of Think in Mexico”) on the  Platform. Think in Mexico provides no warranty whatsoever regarding the Content of Think in Mexico, including but not limited to warranties as to its accuracy or  truthfulness.  

7. Platform Use Policy.  

This section sets out the minimum characteristics, requirements and standards for  the use of the Platform. (hereinafter the “Platform Use Policies”): 

- The User may not use the Platform for illegal activities or in violation of the  laws of any jurisdiction. 

- The User may not use the Platform to impel, in any way, violence or generate  threatening content to third parties or to the property of third parties or to the  safety of any person or property. 

- The User may not use the Platform for advertising, promotional or other  inappropriate activities. 

- The User may not use the Platform in such a way that violates the rights of  third parties, including intellectual property rights, privacy, and personal data  protection. 

- At any time, the User may not use mechanisms that introduce viruses or  codes into the computer programmes or systems of the Platform or of Think  in Mexico and its subcontractors. 

- The User shall not be able to avoid, remove, alter, disable, interfere with, or  circumvent the protections of the Platform. 

- The User may not access the Platform through mechanisms unauthorised by  Think in Mexico, including such automated means as "robots", "spiders" or  "offline readers" or perform activities that damage, disable, overload, impair  and/or allow unauthorised access to the Platform, the assets of Think in 

Mexico or its subcontractors as well as the accounts of other Users. - The User may not modify the Platform, or any other elements related to the  Platform in any way.  

- The User may not use the Intellectual Property of the Platform (as such term  is defined below) or any other information related to the Platform in any  manner whatsoever, except as expressly described in these Terms and  Conditions. 

- The User may not use the Platform to collect information from other Users,  nor may the User at any time use the Platform.  

- The User may not use the Platform except as expressly set out in these Terms  and Conditions.  

- The User may only carry out legal and legitimate transactions through the  Platform. 

- The User shall refrain from impersonating natural or legal persons.

The User shall indemnify and hold Think in Mexico harmless from any liability,  sanction or obligation resulting from the violation of these Platform Use Policies. 

8. Intellectual Property Rights. 

All elements of the Platform, including audiovisual materials, texts, graphs, logos,  designs, photographs, icons, images, video clips, audios and any other materials are  the property of Think in Mexico and/or its respective licensors and moreover are  protected by the corresponding copyright laws, industrial property protection laws  and/or other laws or international treaties, as applicable in any jurisdiction  (hereinafter the “Intellectual Property of the Platform”), even if they are not registered  with the corresponding authorities. Accordingly, the User acknowledges that he/she  has no ownership rights over the Intellectual Property of the Platform.  

The User may not reproduce and/or use in whole or in part, in any form or by any  means, the Intellectual Property of the Platform, except as expressly set out in these  Terms and Conditions.  

In accordance with the foregoing, the User agrees that he/she will not alter,  manipulate, decompile, or perform reverse engineering in the Intellectual Property  of the Platform or use any methods of analysis, extraction or data collection on the  Platform. The User acknowledges and agrees that Think in Mexico shall have the  right to suspend the account or its use of the Platform if in its sole discretion Think  in Mexico considers that the User has infringed or is infringing the Intellectual  Property of the Platform or the restrictions set forth in these Terms and Conditions. 

To report the existence of any content related to the Platform that infringes copyright  or industrial property rights, the User must inform Think in Mexico in accordance with  the terms established in Section 13 of these Terms and Conditions. 

9. Links to third party pages. 

The Parties agree that the Platform may contain links to third party sites or content.  The User accepts and agrees that such pages and content shall be governed by the  terms and conditions of use of the applicable third party and/or any agreements  between the User and such third party(ies) and, where applicable, their privacy  notice.  

In accordance with the foregoing, the User accepts, acknowledges and agrees that  Think in Mexico is not responsible at any time for the content, agreements and terms  and conditions of use of such third parties as well as the processes carried out on their websites and therefore Think in Mexico assumes no responsibility whatsoever  with regard to them. 

10. Security and confidentiality of User information. 

Think in Mexico works to maintain the security and confidentiality of the User's  information since it has a valid SSL security certificate (Secure Sockets Layer) and,  therefore, a secure connection through https. Notwithstanding the above, the User  undertakes to immediately and promptly inform Think in Mexico of any compromised  or unauthorised use that it identifies or suspects with respect to its account at the  contact details included in Section 13 of these Terms and Conditions. 

11. Warranties; Limitations of Liability. 

Think in Mexico makes no representations or warranties of any kind with respect to  the Platform, either express or implied, including but not limited to, any implied  warranties of fitness for a particular purpose, availability, completeness,  compatibility, or non-infringement of intellectual property rights. In accordance with  all that previously expressed, the User accepts and acknowledges that there may be  interruptions, blockages, inability to access, losses, interferences and errors when  using the Platform, and even it may have spywares, malwares or other security  vulnerabilities; therefore, Think in Mexico does not assume any responsibility derived  from that. Under no circumstances shall Think in Mexico be liable for any damages,  including incidental, consequential, indirect, or punitive damages (including, but not  limited to, damages and losses) arising out of or in connection with the use of or  inability to use the Platform.  

Neither Think in Mexico nor its licensors or any person associated with Think in  Mexico shall be liable for any damage or loss whatsoever, either directly or indirectly,  resulting from: (a) the User's access to, use of, or inability to access, make available  or use the Platform or any failure thereof; (b) any damage, injury or loss related to  the use of the Platform; (c) any conduct or content of any part of the Platform  including, without limitation, any defamatory, offensive or illegal conduct; or (d) the 

unauthorized access, use or alteration of the Platform. 

The User acknowledges that the disclaimers and limitations contained in these  Terms and Conditions are reasonable and fair and expressly accepts them. 

12. Indemnification. 

In addition to any other applicable indemnification under these Terms and Conditions  or by law, the User agrees to indemnify, defend, set free and liberate Think in Mexico and any further related party from any and all claims, liabilities, expenses and  damages, including attorneys' fees and costs made by third parties related to: (a)  the use or attempted use of the Platform in violation of these Terms and Conditions;  and (b) the violation of any law or third party rights by the User during his or her use  of the Platform. 

13. Customer Services. 

13.1 Customer Services in relation to the Platform 

If the User needs assistance related to the Platform or if the User wishes to submit  any complaints or request clarifications regarding the Platform, including those  related to intellectual property rights or the use of the Account, the User may contact  Think in Mexico's customer service centre through the following means: 

Business hours: from 9:00 a.m. to 6:00 p.m., Monday through Friday 

▪ Address: Bosques de Duraznos 55 - Ground Floor; Col. Bosques de las  Lomas; Miguel Hidalgo; Mexico City; 11700. 

▪ Telephone No.: +52 (55) 5245 2079 

By accepting these Terms and Conditions, the User authorises to receive  notifications from Think in Mexico by various means, including email, text message,  automatic notifications, notices or messages on the Platform or any other electronic  or physical means determined by Think in Mexico.  

13.2 Customer Services in relation to the Tourist Services. 

If the User needs assistance related to the Tourist Services or if he/she wishes to  submit any complaints or request clarifications regarding them, including those  related to reservations, cancellations, refunds, among others, he/she may contact  the customer service centre through the means and at the service times mentioned  within the Confirmation Email. 

14. Privacy Notice.  

The User may be informed at any time about the treatment that Think in Mexico  grants to his/her personal details as well as the procedures for exercising his/her  rights over such personal details. They can be found in the corresponding Think in  Mexico Privacy Notice, which is available on the Platform in the Privacy Notice  section and may be consulted at https://piensamexico.com/privacy-policy

15. Changes introduced in the Terms and Conditions. 

Think in Mexico itself reserves the right to modify these Terms and Conditions at any  time. Any modification to these Terms and Conditions shall be effective immediately  upon posting them on the Platform under the Terms and Conditions section or, as  the case may be, upon receipt by the User of an email notifying him/her of such  changes. In any case, the User's continued use of the Platform, once such  modification has been published in accordance with that previously stated,  constitutes full acceptance by the User of the modifications made from time to time  to these Terms and Conditions and without any notification of such modification to  the User being necessary, the foregoing constituting full express and binding  acceptance by the User in relation to these Terms and Conditions as well as their  respective modifications. 

16. Separability; Waiver. 

In case that any provision of these Terms and Conditions shall be unenforceable or  declared invalid, the remaining arrangements of these Terms and Conditions shall  continue to be valid and enforceable with full force and effect. Think in Mexico’s  failure to bring an action against the User for any breach of these Terms and  Conditions does not imply Think in Mexico’s waiver of any legal action at any time  or its acceptance of such breach. 

17. Applicable Law and District. 

Think in Mexico and the User agree that any dispute concerned with these Terms  and Conditions. Furthermore, the Account and/or the Platform will be governed by  the applicable federal laws of the Mexico and in this respect, Think in Mexico and  the User expressly will come under the regulations belonging to the competent  courts of Mexico City in Mexico, the latter expressly waiving any other district that  may be applicable for any reason whatsoever.