MUNDO CUERVO® These Terms and Conditions govern the use of the www.mundocuervo.com Internet site (the ‘Web Site’), owned by Tequila, Espíritu de México, S.A. de C.V. (hereinafter ‘TEM’). TEM is established in Guillermo González Camarena No. 800, Segundo Piso, Colonia Zedec Santa Fe, Delegación Álvaro Obregón, C.P. 01210 in Mexico City. By accessing and using the Site, and purchasing the services offered in it, you agree to the Terms and Conditions set forth in this Web Site. TEM reserves the right to modify the Terms and Conditions as it deems necessary or desirable at any time without warning or prior notice to users of the Site. We invite you to check and continuously consult these Terms and Conditions in order to find out about such changes or modifications. The acceptance of the Terms and Conditions will be an essential step prior to the acquisition of any services available through the Site. The content and use of the Website is reserved and directed solely to audiences over 18 years. Through its Web Site, TEM provides information about its products and services, and offers its Users the option to contracting and/or purchase them. The acceptance of the Terms and Conditions will be an essential step prior to purchasing any products or services available through the Web Site. The User shall pay the price of the products or services they purchase through the payment systems that TEM informs them of through the Web Site or its Call Centre. The corresponding shipping costs will be added, where appropriate, to the initial price listed on the website for each of the products offered. In any case, such costs shall be previously communicated to the user, before confirming the purchase, for their acceptance. TEM states that it does not have access to and does not store the data related to the payment method used by the User if they make purchases through the Web Site. Only Peek or any other third party authorised by TEM on the Site will have, where appropriate, the payment processing entity, who will be independent from TEM, and will have access to this information for the purposes of managing payments and collections. Once the purchasing process is finalised, that entity shall confirm the successful completion of the User’s payment. The processing of payments and receipt of products and/or services selected by the User on the Web Site that are exclusively carried out by Peek on its website, are the sole responsibility of the User and Peek, so any matter concerning payments or receipts made through Peek is subject to the Terms and Conditions governing the relationship between the User and Peek. In the event that the User has made their purchases through the Call Centre, they must make the payment according to the options and instructions provided over the telephone. Once TEM has received confirmation that the payment has been made by the User, an email will be sent to the User confirming the details of the purchase and, if applicable, attaching the documents that allow them to enjoy the services purchased. In the event that the product the User has purchased requires a physical delivery, it will be delivered at the address that the user has indicated in their order, and will be delivered using the delivery service chosen by the User. The User will be informed of the delivery times via email, through which the details of the purchase will be confirmed. The delivery shall be deemed effected from the moment in which the delivery company hands the product to the user at the address designated by the latter at the time of purchase. In the same email that the sending of the product is confirmed to the user, they will be given the tracking number and customer service number of the courier company, so that in the event that any incidence arises in the delivery, the user may contact the company to resolve it. TEM, its subsidiary or related companies, as well as its licensor and licensee companies, hold, either by themselves, or by virtue of any contract with third parties, all rights on the content and design of the Web Site and, in particular, but not limited to, photographs, images, texts, logos, designs, trademarks, trade names and data included therein. Such rights are protected by the applicable legislation in industrial and intellectual property. It is strictly prohibited to copy, reproduce, adapt, modify, distribute, trade, or publically communicate the Web Site and/or any action that constitutes an infringement of the legislation on industrial and intellectual property, as well as the use of the contents of the Web site if prior written authorisation from TEM has not been obtained. TEM advises that the sole action of accessing and consulting the Website does not grant license, authorisation or any implied right on intellectual and/or industrial property rights or on any other rights or related property, directly or indirectly, with the contents included in the Web Site. Users shall use the Website in a responsible manner and for lawful purposes in accordance with these Terms and Conditions. The following are the activities that the user must refrain from doing, including but not limited to: (i) Distribute, disseminate, post, or publish any information or material that degrades, disparages, embarrasses, humiliates or threatens people; (ii) Abuse, defame, harass, accuse, threaten or somehow otherwise infringe the rights of another; (iii) Download or upload files or programs of any kind; (iv) Distribute, disseminate, post, or publish any material or indecent information that infringes the rights of third parties; (v) Advertise or send, or any other form of disclosing confidential information, business secrets, whether industrial or commercial or other exclusive, confidential or protected data by any law or regulation in Mexico or abroad; (vi) Copy or create work derived from display, distribute, grant under license, perform, publish, recreate, reproduce, sell, transfer or transmit any information, products, services, or software obtained by, from or through the site; (vii) Monitor or copy any content through any process; (viii) Participate in any other conduct that is, or that TEM deems is in conflict with the Terms and Conditions, and; (ix) Generally, perform any act against the law, morality and good customs. This Web Site may contain discussion groups, news groups, bulletin boards, chat rooms and other services involving different TEM third parties and Users. TEM is not responsible for communications or dialogue in the course of discussions, forums, or chat rooms that are organised through the Website and/or linked sites, and is not liable, therefore, for any damage or prejudice suffered by Users resulting from these communications or dialogues. The information provided by the User in such situations is public, so we recommend not providing personal or private information. In the event that any judicial or administrative authority declares the nullity of a subsection, paragraph or clause of these Terms and Conditions, the other subsections, paragraphs and clauses of this instrument shall continue to be binding for the parties. To resolve any controversy or dispute arising out of these Terms and Conditions, on the visit or use of the Web Site or in connection with the purchase of products or services through the Website, the parties submit to the applicable laws of the Republic of Mexico and the jurisdiction of the courts of the city of Guadalajara, Jalisco, Mexico, expressly waiving any other jurisdiction that may correspond by reason of their present or future addresses. JOSE CUERVO EXPRESS® Thank you for visiting Jose Cuervo Express®. Tequila, Espíritu de México, S.A. de C.V. (hereinafter referred to as ‘TEM’) is the company that sells train tickets for Jose Cuervo Express®. TEM is established in Guillermo González Camarena No. 800 Segundo Piso, Colonia Zedec Santa Fe, Delegación Álvaro Obregón, C.P. 01210 in Mexico city, and has the following telephone numbers: (01 800) 523 977 377, (01 374) 742 67 29. Please feel free to call these numbers if you have any questions, comments or complaints. By accessing and using the Site, and engaging in the services it offers, you agree to the Terms and Conditions set forth in this Web Site. TEM reserves the right to modify the Terms and Conditions as it deems necessary or desirable at any time without warning or sending prior notice to Users of the Site. We invite you to check and continuously review these Terms and Conditions to find out about such changes or modifications. The acceptance of the Terms and Conditions is an essential step prior to the purchasing of any services available through the Site. The content and use of the Web Site is reserved and directed solely to audiences over 18 years. I. DEFINITIONS. a) Ticket: physical or electronic document issued by TEM proving the right of access to the chosen service. The corresponding invoices shall be processed as specified in the reservation and / or boarding pass. b) Call Centre: the information, reservation, modification, cancellation and ticket sales centre that is authorised for such purpose by TEM. c) Journey: one-way outbound or return transportation service on the Jose Cuervo Express® from the stations Guadalajara - Tequila - Guadalajara. d) Station: the facilities where the Jose Cuervo Express® train arrives and departs, which is located at the following addresses: Guadalajara station: located in Avenida Washington #11, Colonia Moderna, Código Postal 44190, Guadalajara, Jalisco. Tequila station: located in Héroe de Nacozari s/n, Colonia La Estación, Tequila, Jalisco. e) Jose Cuervo Express®: the train through which TEM provides its service. f) La Rojeña®: The distillery is located in Calle de Jose Cuervo #73, Colonia Centro, Código Postal 46400, in Tequila, Jalisco, México. g) Sales Office: refers to the points of sale located at: (I) the Mundo Cuervo® ticket office, located in Calle Jose Cuervo # 73, Colonia Centro, Código Postal 46400, in Tequila, Jalisco, México; and (II) the Tequila World shop, located in the ground floor of the Hotel Camino Real Guadalajara, located in Avenida Vallarta #5005, Colonia Chapalita, in Guadalajara, Jalisco, México. (III) Ground floor, Hilton Hotel, located at Avenida de la Rosas 2933, Colonia Rincón del Bosque, C.P. 44530, Guadalajara, Jalisco, México. h) Mundo Cuervo®: the premises located in Calle de Jose Cuervo # 73, Colonia Centro, Código Postal 46400, in Tequila, Jalisco, Mexico. i) Tour: the experiences that TEM offers. j) Site: the website www.josecuervoexpress.com. k) TEM: the company called Tequila, Espíritu de México, S.A. de C.V. l) Terms and Conditions: the set of rules established by TEM, under which the contracted services will be provided to You. m) Tequila World shop: the commercial premises are located at: (I) the ground floor of the Hotel Camino Real Guadalajara, located on Avenida Vallarta # 5005, Colonia Chapalita, Guadalajara, Jalisco, Mexico, (ii) the ground floor of the Hilton Hotel, located at 2933 Avenida de la Rosas, Colonia Rincon del Bosque, CP 44530, Guadalajara, Jalisco, Mexico. II. TICKET PURCHASING AND PAYMENT METHODS. The tickets are valid exclusively for a single tour, are not transferable, and can be purchased by the following means: II.1. Purchasing Tickets on the Site. By accessing the Site, you can book the number of tickets you want, depending on availability, and proceed to the payment of the tickets you have booked through Peek (independent entity of TEM). Once TEM’s staff have received confirmation of such payment by Peek, they will email the ticket to you, which you must print and carry with you at the time of boarding, as without the ticket you will not be allowed to board. TEM has no access to and does not store the data concerning you payment method. Only Peek, which is independent of TEM, has access to such data for the purposes of managing payments and collections. Consequently, you acknowledge and agree that TEM is not responsible for the services provided by Peek, so for any claims arising therefrom, you should exercise appropriate action against Peek itself. Once the purchasing process is complete, Peek will send you confirmation of the successful completion of your payment. The processing of payments for products and/or services selected by you on the Site is provided only by Peek on its own website, so any matter concerning payments or receipts made through Peek will be subject to the Terms and Conditions governing the relationship between You and Peek. II.2. Purchasing tickets from the Jose Cuervo Express ® Call Centre In the Jose Cuervo Express® Call Centre, you can book and purchase your tickets, depending on availability and the payment method indicted, by contacting the following telephone number: 01(800) 523 977 377 from inside Mexico or from Guadalajara Jalisco on (01 374) 742 67 29. During the call, you will be provided with the reservation number through which you can pay for your tickets. Such payment may be made by bank transfer to the beneficiary account that will be indicated in any of our Sales Offices. Once you have made the payment, you must confirm it by sending a copy of the receipt to the email address email@example.com, or by going to the Tequila World shop. If you go directly to the Tequila World shop, to make payment or to submit the proof of payment, the tickets will be delivered physically. If you have sent the receipt to the email address indicated in the previous paragraph, once the Jose Cuervo Express® staff has received confirmation of such payment, they will email you the ticket, which you must print and carry with you at the time of boarding, as you will not be allowed to board without it. II.3. Purchasing Tickets from the Sales Office. You can buy tickets for Jose Cuervo Express® directly in any of the sales offices, by paying through credit or debit cards or cash. II. 4. General provisions regarding the Purchase of Tickets If for any reason you do not receive the ticket by email, you must get in touch using the Jose Cuervo Express® phone numbers indicated above. III. SEAT ASSIGNMENT. At the time of booking tickets, Jose Cuervo Express reserves the right to assign seats, which will be indicated on the boarding pass. IV. CHANGES AND REFUNDS
IV.1 Once payment has been made, you agree that you cannot request a refund of the cost of the ticket due to cancellation, except as established in point five Roman (V) of these Terms and Conditions "Cancellation by Jose Cuervo Express®" or in the case of an overpayment by the passenger.
IV.2. Change of Date.
Any requested change to the date of travel notified a minimum of 24 hours prior to the confirmed booking date, will incur a penalty charge, as follows:
30 DAYS PRIOR TO THE EVENT 10%
14 DAYS PRIOR TO THE EVENT 15%
7 DAYS PRIOR TO THE EVENT 25%
UP TO 1 DAY PRIOR TO THE EVENT 50%
IV.3 Change of itinerary and/or Experience.
Any change to confirmed bookings of Itinerary and/or Experience will incur a penalty charge of 10% of the total amount.
V. CANCELLATION OF TOURS BY JOSE CUERVO EXPRESS®. Jose Cuervo Express® and TEM shall act diligently to meet the established dates and times, however, the times and dates of the Trips may be modified or canceled by Jose Cuervo Express® and/or TEM without notice or due to unforeseeable circumstances or force majeur, without any liability to Jose Cuervo Express® or TEM. Where applicable, TEM shall reimburse the User for the cost of the ticket or reschedule the trip in accordance with these Terms and Conditions. In any case, the refund shall be managed directly by TEM and where appropriate, using the TEM system that has been implemented for this effect. VI. BOARDING. You must be at the boarding gate at least 1 hour prior to the departure time of the Tour in question. In order to board, you must present your Boarding Pass as well as your photo ID to the TEM and/or Jose Cuervo Express® staff. Boarding closes 20 minutes before the departure time of each Tour. If you arrive at the boarding gate after the appointed time, you will not be allowed to travel in accordance with these Terms and Conditions, you will lose the corresponding ticket, and may not demand reimbursement for it. Failure to arrive on time at the Tequila station and not boarding, transfer back to Guadalajara, will be at your own expense, without any liability to TEM. VII. TOURS, COACHES, RATES AND ITINERARIES. All prices are in Mexican Pesos, legal currency of the United Mexican States and include Value Added Tax (VAT); prices in force at the time of purchase will be applied. Also schedules and routes will be those published and corresponding at the time of purchase and are subject to change without notice. Jose Cuervo Express® has 7 coaches: a) 3 passenger coaches b) 4 service coaches VII. 1. Trips to suit your needs. You can arrange a private trip for any event, a coach or full train, after the required services, subject to available dates and itineraries. VIII. GUIDES. You can hire a private tour for any event, whether one or more coaches or the complete train, after listing the services required, and subject to dates and itineraries available. Contact the group sales department: firstname.lastname@example.org (01 374) 67 742 26. IX. MINORS (under 18 years) Teenagers between 13 and 17 years of age • Will have access only to passenger cars. • Under no circumstances will they be allowed to purchase or consume alcoholic beverages. • Must be accompanied by an adult at all times during the contracted tour. • Children under 6 years will not pay for a ticket, and will not have assigned seats. X. FOOD AND BEVERAGES It is forbidden to come on board any of the Jose Cuervo Express® coaches with food and/or beverages, as well as the La Rojeña® and Mundo Cuervo® premises. XI. ANIMALS. Animals are forbidden to enter any of the Jose Cuervo Express® coaches, as well as La Rojeña® and XII. SMOKING. Smoking is prohibited in all areas of the Jose Cuervo Express® coaches, as well as any area within the La Rojeña ® and Mundo Cuervo® premises. XIII. PROHIBITED ITEMS AND SUBSTANCES It is prohibited to enter the Jose Cuervo Express® coaches, as well as the La Rojeña® and Mundo Cuervo® premises, with, including but not limited to, the following prohibited items and substances: a) Guns, rifles or any object with the apparent ability or potential to cause injury by discharging a projectile, including all types of firearms, replicas or imitation firearms, components and/or parts of fire arms, air guns, pellet guns and rifles, guns used for distress signals, toy guns of all types, gotcha guns, pistols, industrial guns and staplers, crossbows, catapults, harpoons and spear guns, or any weapon that poses a threat to the physical integrity or life of people. b) Electro-shock devices, laser energy conducting weapons, or any means of conduction of any type of energy that could jeopardize or endanger the life or physical integrity of individuals. c) sharps weapons and objects that can cause injury, including but without limitation, knives, axes, arrows and darts, steel staplers, steel hooks or steel spikes, steel plates with spikes used for mountaineering, spears, ice axes, ice picks, ice skates, blades for cutting meat, machetes, razor blades and machines, cutlasses, swords, knives, scissors of all sizes, skis, ski and mountain trekking poles, star-shaped sharp weapons, tools that can be used as sharp or pointed weapons, all kinds of saws, screwdrivers, pliers, crowbars, hammers, pliers. d) Flammable and explosive substances, any explosive substance that endangers the life or physical safety of passengers and crew, without limitation, ammunition, detonators and fuses, explosive devices, as well as replicas and imitations thereof, mines, pumps and any gas containers (butane, propane, acetylene, oxygen in large quantities), pyrotechnics, matches and/or lighters, smoke generators or cartridges, flammable liquid fuel, oil, gasoline, diesel, alcohol, ethanol, painting spray, thinner. e) Chemical and/or toxic substances that endanger the life or physical safety of the passengers and crew including without limitation, acidic and alkaline batteries that can leak liquid, corrosive and/or bleaching, mercury, chlorine, disabling sprays, radioactive material, commercial or medical isotopes, biological materials and/or infectious, blood, materials capable of spontaneous combustion, fire extinguishers. f) Psychotropic substances or narcotics of any kind that may endanger life or alter the behaviour or consciousness of individuals or controlled drugs without a prescription from a licensed physician. XIV. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. TEM shall act diligently so that the content of the Site is available at all times, however: TEM may at any time and without notice suspend or terminate access to the Site and/or its contents without any liability to TEM. In no event shall TEM be liable for damages arising out of or related to use of the Site and/or its contents, including without limitation, loss of data, information or programmes, damage to computers or networks. TEM expressly reserves the right to change the Terms and Conditions and/or content of the Site of Jose Cuervo Express® without notice. These Terms and Conditions and/or content of the Site may contain errors and/or inaccuracies. Third parties, other than TEM and you, may access the contents of the Site and may change or remove such content without TEM’s permission. TEM informs you that in no event shall it be liable if such unauthorised changes by third parties affect the content of the Site. TEM does not make any more guarantees than those corresponding to the services provided in accordance with this document and that are expressed in these Terms and Conditions. TEM does not recognise guarantees of any kind or nature that are not clarified here. Information that has not been provided by TEM agents or employees or any third party authorised by it or by the Site, may not create guarantees of any kind relating to the Terms and Conditions or the Site. The products and services offered on the Site are authorised by TEM, so that it is not liable for any product or service offered by any party other than TEM. XV. INTELLECTUAL AND INDUSTRIAL PROPERTY. Jose Cuervo Express® and Mundo Cuervo® are registered trademarks with the Mexican Institute of Industrial Property, in accordance with the Industrial Property Act, owned by Tequila Cuervo, SA de CV, so that any unauthorised use thereof, shall be punished in accordance with current applicable legislation. TEM and its affiliated or related companies have each and every one of the licenses and authorisations to use intellectual property rights related to the content and design of the Website and, in particular, by way of example but not limited to the photographs, images, text, logos, designs, trademarks, trade names and data included therein. Such rights are protected by intellectual property laws in force. XVI. USE OF THE SITE. TEM offers the Site for the sole purpose of allowing you to determine the availability of tours and services it offers, and also to carry out the reservation and purchase of the same. You agree that you will not misuse of the Site, understood as, including but not limited to, the following activities are strictly prohibited: a) Distribute, disseminate, post or publish any information or material that degrades, disparages, embarrasses, humiliates or threatens people. b) Abuse, defame, harass, accuse, threaten or otherwise violate the rights of another. c) Download or upload files or programmes of any kind. d) Distribute, disseminate, post or publish any materials or indecent information that goes against good morals or that infringe the rights of others. e) Advertise or send, or otherwise disclose confidential information, trade secrets or other proprietary data, confidential and/or protected. f) Copy or create derivative works of, display, distribute, license, perform, publish, recreate, reproduce, sell, transfer or transmit any information, products, services, or software obtained from or through the Site. g) Monitor or copy any content through any process. h) Engage in any other conduct which in the opinion of TEM is in conflict with these Terms and Conditions, and i) In general, any action against legislation, morality and decency. XVII. INDEMNITY. You acknowledge and agree to be responsible and indemnify TEM, its affiliates, subsidiaries and/or any company associated with it corporately, for damages arising from breach of the provisions of these Terms and Conditions and damages arising out of or related to your misuse of the Site. XVIII. HEADINGS AND SUBSECTIONS. All titles, headings and subsections of these Terms and Conditions are only used to provide references, so they will not affect the content or interpretation thereof. XIX. SURVIVAL OF THE TERMS AND CONDITIONS. In the event that any court or administrative authority to declare the nullity of any clause, paragraph or provision of these Terms and Conditions, the other subsections, paragraphs and clauses of this instrument will remain binding for the parties. XX. INSURANCE. In the terms of the Railroad Service Regulatory Act and Regulations, you will be protected with the proper insurance from the time you board the Jose Cuervo Express® train. XXI. JURISDICTION AND APPLICABLE LAW. You agree that the interpretation, compliance and/or any dispute related to or arising from these Terms and Conditions, your visit to the Site or the services you acquire, will be subject to the current applicable laws of the United Mexican States and the competent courts in the city of Guadalajara, Jalisco, Mexico, and expressly disclaims any other jurisdiction which by virtue of their present or future might correspond.