5TORRES DESARRROLLOS SA DE CV. (together with its affiliates and any other person in connection with it “Pardela”), through its affiliates, hereby offer you certain functions and services when visiting or making any transaction in our website http://www.pardelanow.com and the sites, pages, subpages, windows and pop-ups shown in such website (together, the “Site”), when using Pardela’s applications for certain equipment or when using the software made available by Pardela by any means, including without limitations the platform (the “Platform”) available to Android and iOS equipment, in connection with the foregoing, which are offered or provided subject to the following terms and conditions.
Through (i) the registry you (the “User”) make in the Site or Platform, which, by the payment of the corresponding consideration, shall give you access to make a User Offer (as defined below) stay in the Properties (as defined below), when paying the price that corresponds for the stay, the possibility to acquire Additional Products and Services (as defined below) pursuant to these Terms and Conditions, and/or (ii) each visit that you make to our Site, and/or (iii) each time that you use the Platform, and/or (iv) each time that you make a User Offer, and/or (v) each time that you visit or stay at any of the Properties, and/or (vi) each time that you purchase any Additional Products and Services, you (a) accept the following Terms and Conditions (the “Terms and Conditions”), (b) undertake to be obliged pursuant to them, and (c) expressly represent your acceptance via electronic means in terms of article 1803 of the Federal Civil Code and article 93 of the Commerce Code. We beg you to read this Terms and Conditions carefully. It is your responsibility to read them as you acknowledge that, in case of acceptance, you will have obligations with Pardela in accordance with their terms. You and Pardela represent your acceptance with the Terms and Conditions, acknowledging that they are an agreement between Pardela and the User. In the event that you do not accept the Terms and Conditions absolutely and in their entirety, the user shall refrain form entering, using, observing and/or purchasing products and/or contracting services in the Site and/or in the Platform. The access, use, visit, making of a User Offer, the purchase of products and/or the contracting of services of or in the Site or of or in the Platform or visit to or stay at the Properties shall constitute your absolute acceptance of the terms and conditions here stipulated.
Terms and Conditions for the Use of Site and Platform and Stay at the Properties
This document sets forth the Terms and Conditions to which the User undertakes to be bound and that the User of the Site has been bound through (i) the registry the User makes in the Site or Platform, and/or (ii) each visit that you make to our Site, and/or (iii) each time that you use the Platform, and/or (iv) each time that you make a User Offer, and/or (v) each time that you visit or stay at any of the Properties, and/or (vi) each time that you purchase any Additional Products and Services, and (a) accept the Terms and Conditions, (b) undertake to be obliged pursuant to them, and (c) expressly represent your acceptance via electronic means in terms of article 1803 of the Federal Civil Code and article 93 of the Commerce Code. The access, use, visit, making of a User Offer, the purchase of products and/or the contracting of services of or in the Site or of or in the Platform or visit to or stay at the Properties shall constitute your absolute acceptance of the terms and conditions here stipulated. Any person visiting The Site and the Platform shall be considered a User solely for opening the Site or visiting it and using the Platform. In addition, each User agrees to be bound pursuant to these Terms and Conditions in connection with any transaction offered, made or completed through the Site and/or in the Platform and in connection with the use of the Site and/or the Platform.
Use of the Site and of the Platform
I.A. Pardela´s Intelectual Property. The trademarks “Pardela” and logos and design in connection therewith are legally registered in Mexico. They cannot be used in connection with other products or services as their rights and use are exclusive to Pardela. The contents of the Site and the Platform are subject to intellectual property, copyright and/or industrial property rights of Pardela and its suppliers. Everything contained in the Site and/or in the Platform, including the site, pages and subpages, the text, graphics, logos, icons, images, audio clips, personalized graphics, original photographs, data, images, music, audio and video fragments, fonts, titles, button icons, logos, designs and software, are property of or have been properly licensed by its owners or licensees to Pardela and are protected by applicable law in Mexico and international treaties. All title and intellectual property rights protected by copyright laws are reserved to the items downloaded or received in any other manner whatsoever by any Used through the Site and the Platform.
Pardela grants to each User a limited, non-exclusive license, non-transferrable in whole or in part, exclusively to access, use and show the contents of the Site and the Platform in a device of personal use of the User. Each User accepts not to interrupt or try to interrupt the functionality of the Site and the Platform. The Site and the Platform its contents and the software (including all applications) can only be used as means of information of the products offered at retail and for personal use and as a resource to make personal purchases or contracting with Pardela. Any other use, including the reproduction, modification, distributions, transmission, disclosure, demonstration or execution of the contents of the Site and the Platform are strictly prohibited.
It is absolutely prohibited to copy, disclose, transmit, retransmit, transmit though the Internet or other similar means, modify, increase, reproduce, grant a license, adapt, create works derived from this content or disclose this content in part or in other means in computers, radio or other technologies existing in the present or developed in the future for communications not authorized or for commercial use without the pervious written consent of Pardela. The User hereby accepts not to reproduce, duplicate, copy, sell, resell, decompile, disassemble or use for commercial purposes any part of the Site and of the Platform or the access to the Site and the Platform or to compile information of the visitors or Users registered in the Site and in the Platform. No User may upload, disclose, reproduce or distribute in any manner whatsoever any contents protected by copyright or other intellectual property rights without obtaining the prior express authorization of the owner of the copyright or other intellectual property right, as the case may be. No title, right or interest on the downloaded materials shall be conferred to the User as a result of such download for personal or commercial use. The User agrees that these rights are valid and are protected by all means and technologies existing or hereinafter developed. Trademarks and copyrights may not be deleted or altered in any manner whatsoever. Trademarks and copyright cannot be used in connection products or services offered by third parties.
I.B. Links to other Sites and Platforms. The Site and the Platform may contain links to sites and platforms owned, managed or operated by independent third parties. These links are provided solely for the User's convenience and reference, and PARDELA may act at times as an intermediary to facilitate the contracting of Additional Products and Services (the “Additional Products and Services”) in exchange for some sum of money as specified, if the case may be, on the Site and/or in the Platform). PARDELA does not control such sites or platforms and therefore is not responsible for the content posted on them or the quantity or quality of the Additional Products and Services. Pardela has no control over, and makes no warranties or representations, express or implied, as to, the accuracy, relevance, validity period, completeness or suitability for a particular purpose of the information or resources contained on these or other Internet sites or platforms. Pardela reserves the right to cancel and/or disable such links at any time. Our display of such links should not be construed as an endorsement, guarantee, warranty, authorization or sponsorship by Pardela of such sites or platforms or their content or Additional Products and Services. Because some sites and platforms use automated search results or otherwise direct you to sites and platforms that contain information that may be deemed inappropriate or offensive, Pardela is not responsible for the accuracy, copyright compliance, legality or propriety of material contained on third party sites or platforms, including the periodic advertisements available online, and the User hereby releases and discharges Pardela from any claims against it with respect to such sites and the Additional Products and Services and agrees to hold Pardela harmless in connection therewith.
I.C. Absence of obligations of Pardela with respect to the Site, the Platform and the Properties. Pardela assumes no obligation to maintain any User account, and shall have the right, at any time and without notice, to restrict, cancel or disable any service of The Site and the Platform, cancel and/or disable any account and/or delete, remove or edit the contents of The Site and the Platform, at its sole discretion. Pardela reserves the right to correct errors, omissions or inaccuracies in any information in the Site and/or in the Platform and declares that it does not guarantee or assume any obligation or responsibility regarding the accuracy, truthfulness, status, Properties or updates of the information in the Site and the Platform. Pardela has no obligation or responsibility towards the User in relation to the operation of the Site and/or the Platform. The software, applications, links and other resources in the Site and in the Platform are offered by Pardela in the state in which they are and without guaranteeing the quality, state, functionality or compatibility of them with any device, therefore Pardela does not assume any responsibility for any damages and/or losses caused in connection with the foregoing.
The User agrees that use of the Site and the Platform is at the User’s own risk and that the services and products provided and offered therein are provided on an “as is” and “as available” “where is” basis. Pardela does not guarantee that the Site or Platform will meet the User’s requirements or that the services and products offered therein will be uninterrupted, safe or error-free.
Except for products that are marketed in the Site and in the Platform under trademarks or trade names owned by Pardela or its affiliates, Pardela does not guarantee or warrant in any way the truthfulness, accuracy, legality, morality or any other characteristic of the contents of the material disclosed in the Site and in the Platform. Pardela is free of any and all liability and conditions, both express and implied, in connection with the products, services and information contained or available on or through the Site and the Platform; including, without limitation (i) the availability of the Site and the Platform, (ii) the absence of viruses, bugs, deactivators or other contaminating material, malware or destructive functions in the information or programs available on or through the Site and/or the Platform or in general any failure in the Site and/or in the Platform, and (iii) Pardela or its suppliers may update the contents of the page constantly, therefore, the User is required to take into account that some information advertised or contained in or through the Site and/or in the Platform may have become obsolete and/or contain inaccuracies or typographical or spelling errors, and is obliged to review the Terms and Conditions at every moment that the User intends to interact with Pardela and/or visit the Site and/or use the Platform.
To the fullest extent permitted by applicable law, in no event shall Pardela be liable for any direct, special, incidental, indirect, or consequential damages arising out of or in any way connected with (i) the use or performance of the Site and/or the Platform or the unavailability thereof, (ii) the updating or failure to update information, (iii) the alteration or modification, in whole or in part, of information after it is included in the Site and in the Platform, (iv) any other aspect or characteristic of the information contained or disclosed in the Site and in the Platform or through the links that may be eventually included in the Site and in the Platform, and (v) all the above cases will be valid, even in the event that Pardela is notified or warned about the possibility of such damages, therefore the User releases Pardela from any liability in connection with the foregoing.
I.D. No recommendations for hospitality, tourism, accommodation. Nothing in the Site and/or in the Platform constitutes or shall constitute a suggestion, recommendation, instruction, advice or counsel to any person. Any information contained on the Site and/or in the Platform is for disclosure purposes only, for reference. The User understands and agrees that Pardela will not be liable for any damage or harm suffered by the User as result of the accommodation in the Properties, the purchase or performance of the Additional Products and Services, and the User hereby releases Pardela from any obligation or liability in connection therewith.
I.E. Opinions, Comments and Communications from Users. To the extent permitted by Pardela through the Site and/or the Platform, the User may disclose their opinions, comments, photographs and other content; send communications; and submit suggestions, ideas, comments, questions or other information, provided that the contents thereof is not unlawful, obscene, threatening, defamatory, invasive of privacy, infringes intellectual property rights or otherwise offensive to others or censurable, or consists of or contains computer viruses, political propaganda or advertising content, chain emails, mass e-mailing or constitutes any other type of “spam”. It is not permitted to use false email addresses, impersonate any person or entity, or otherwise misrepresent the origin of any contents. Pardela reserves the right (without being an obligation) to remove such contents, from time to time, even when Pardela does not regularly reviews the contents posted or disclosed.
The User agrees not to send, upload or transmit any communication, contents or material of any kind to Pardela's email address (or otherwise) that infringes or violates any party's rights or violates this Terms and Conditions. Any User who sends or exchanges in any way communications, contents or materials, including but not limited to personal or business information, ideas, concepts or inventions, irrevocably grants Pardela an unrestricted, worldwide, royalty-free license to use, reproduce, publicly display, perform, disclose, transmit and distribute those materials and the User further agrees that Pardela shall be free to use any ideas, concepts or know-how that any User or others acting on their behalf provide to Pardela. Pardela assumes no responsibility or liability for any contents posted or disclosed by any User or third party.
III.A. Representation of Veracity of User’s Data. Visitors who have freely decided to fill out and accept the User registration form touse the Platform, entering the information transmitted by the User for the identification of the User, by virtue of being Users, fully accept these Terms and Conditions, declare to be of legal age and legal capacity to carry out any operation in the Site and in the Platform (or if the case may be, that you are emancipated or under the supervision of an adult exercising parental authority or guardianship with the authorization of the person exercising parental authority or guardianship to grant this declaration), that all data and information transmitted to Pardela are correct and true, that all documents you submit to Pardela are authentic, and that you have the necessary rights to lawfully transmit such information to Pardela. The User has stated in the registration for the opening of the User’s Account whether the User wishes to receive product information and, if so, has clarified that the User is not registered under article 18 of the Federal Consumer Protection Law (Ley Federal de Protección al Consumidor).
III.B. Registry Account with Pardela. The User is responsible for maintaining the confidentiality of the User’s account data and password, as well as for restricting access to the User’s computer or any other device, and the User assumes responsibility for any activities carried out from the User’s account or using the User’s password. The User acknowledges that access to the Site and the Platform through the User’s account constitutes an electronic signature and that any data message or communication made through the User’s account or any other means registered with Pardela shall be attributable to the User by Pardela. The User agrees with Pardela that, in the event that any other person uses the User’s account and/or the User’s password, such person will be considered the User's authorized representative and the User's irrevocable representative. Therefore, the User agrees to be held liable for all obligations under the User’s responsibility in the event that any person enters the Site or the Platform with the User’s account data and password, regardless of whether or not that person has obtained the User's prior consent.
III.C. Data messages. The User agrees that messages sent to Pardela through any data messages, by email, by telephone conferences to or from Pardela's or the User's phones or in any way indicated in the Site and in the Platform will bind the User as if made expressly and in writing and may be recorded and kept by Pardela. The User authorizes Pardela to assume that the User has issued any data messages or messages of any nature when they come from any of the addresses or telephone numbers registered with Pardela or are made through the Site and the Platform. The User acknowledges that any message sent by Pardela by any of these means will be deemed to have been received in writing by the User. The User agrees that all contracts, notices and other notifications and communications that Pardela or the User makes by electronic means or through The Site and the Platform satisfy any legal requirement of written form.
III.D. Pardela’s Address. User acknowledges that Pardela has its domicile in Guadalajara, Mexico and that this will be considered Pardela's domicile regardless of the location of the Properties. All notices to Pardela shall be delivered to Pardela's address at Calle Jesus Garcia 2427, PH Oficina 5, Colonia Lomas de Guevara, C.P. 44657, Guadalajara, Jalisco, México
Site and Platform Advertising
IV.A. Advertising Authorizations. All advertising materials displayed in the Site and in the Platform, if any, will be shown based on statements made to Pardela by the suppliers, authors or owners of such advertising that the aforementioned advertising materials comply with all legal and contractual requirements necessary to be legally displayed on them. The User accepts that, except for products and services marketed under brands owned by Pardela or its affiliates, Pardela does not design, authorize or produce advertising of products and/or services in the Site and in the Platform, and acknowledges and agrees that Pardela will have no liability whatsoever in connection with such advertising. By virtue of the foregoing, Pardela will not be liable for the consumption, use and/or effects of the aforementioned products or services or Additional Products and Services, fully permitted by applicable law. All advertisements made by Pardela on the Site and/or on the Platform are subject to the availability of the corresponding Property, product and/or service as indicated in the corresponding confirmation. Such confirmation may be modified by Pardela at any time without liability for Pardela (in case of cancellation, Pardela's liability will be limited exclusively, at Pardela's discretion, to (i) reimbursing the User for the amount actually paid exclusively for the products and/or Services that have not been delivered and/or provided, as applicable, or (ii) give credit to the User for such amount as a balance in the User’s favor for use by the User on the Platform). Each User hereby acknowledges that advertising in the Site and in the Platform is only for commercial offers or promotions related exclusively to the existence of products and services and the price thereof by Pardela without guaranteeing their availability even after Pardela has issued an order confirmation.
IV.B. Properties Description and Additional Products and Services. Pardela attempts to be as accurate as possible in describing all Properties and the Products and Services displayed in the Site and/or in the Platform, provided that Pardela does not disclose the exact location of the Properties prior to an Order Confirmation (as defined below). Notwithstanding the foregoing, Pardela does not warrant that the description of any Property and/or any Additional Products and Services is accurate, complete, reliable, current or error-free. Pardela and the User agree that the photographs and any other audiovisual material that may be disclosed on the Site and/or in the Platform or shared with the User or disclosed by any means are for indicative purposes only and are not a true representation of the Properties, and such Properties may be different (in kind, size, quality, color and any other characteristics) from those referred to, indicated or included in the photographs or any other audiovisual material referred to above. If any Property and/or any Additional Products and Services displayed on the Site and/or on the Platform do not comply with the description indicated therein at the time of delivery or performance of services to the User, the User agrees to avoid a future dispute in which the User's only recourse will be not to accept it and Pardela will be obliged to reimburse, in that case only, to the bank debit or credit card used by the User to make the corresponding payment, within five working days following the date of the User’s refusal to receive any Property and/or any Additional Products and Services. In any case the final description of any Property and/or any Additional Products and Services which are the subject of any Offer by the User will be included in the corresponding Order Confirmation. The User shall be responsible for verifying that the Property and/or Additional Products and Services comply with the description in the User's Offer and the relevant Order Confirmation at the time of delivery.
IV.C. Price offered. Under the terms of article 42 of the Federal Consumer Protection Law (Ley Federal de Protección al Consumidor), except to the extent otherwise indicated in the Site and in the Platform and the provisions of this section, the price displayed for staying in any Property and/or acquiring or contracting the Additional Products and Services displayed on the Site and/or in the Platform, represents a reference price and not the retail price, and the User agrees that the price for staying in any Property and/or acquiring or contracting the Additional Products and Services will be the one agreed upon with Pardela in accordance with the provisions of Article 5 of these Terms and Conditions. From time to time, the price for staying at any Property and/or acquiring or contracting the Additional Products and Services may be lower than the price applicable under said Article 5, or we may offer other promotions associated with the purchase of the same, so please check our current promotions in the Site and in the Platform. The Pardela promotions listed in the Site and in the Platform will be deemed to be the only current promotions of Pardela and will supersede any other promotions previously made by Pardela in print or other media that do not specifically state their validity and may be revoked or modified by Pardela at any time. The User will be entitled to mention such promotions that are applicable in its User Offers, and Pardela will make its best efforts to identify and communicate to the User any promotions applicable to any User Offer and to include them in the corresponding Order Confirmation. Pardela will make its best efforts to honor current promotions listed in the Site and in the Platform. Notwithstanding the foregoing and despite our best efforts, for reasons attributable to our lessors, suppliers of the Properties, products and/or services, for technical difficulties in updating our advertising on the Site and/or on the Platform or for the time naturally consumed by such activity, to mere human error and other situations beyond our control, fortuitous case or force majeure and change of law, some of the Properties and the accommodation therein, products and/or services displayed on the Site and/or on the Platform may appear with an erroneous price or not updated or available without being so. In order for Pardela to be able to offer the User the lowest possible current price for accommodation on any Property, for the purchase of any product and/or payment for any service and to make the User a participant in our applicable promotions, the User agrees that Pardela will only be obliged to allow the accommodation for the purchase or contracting of the Additional Products and Services to the Users as provided for in the Terms and Conditions and in particular as provided for in Article 5 below.
Contracting Process, operations arranged through the Site and the Platform
V.A. User Offers.
The User may make offers to stay in the Properties, and/or acquire or contract the Additional Products and Services through the Site and the Platform (each such offer, a “User's Offer”), which will be made through a data message that the User agrees to be considered as an offer delivered in writing to Pardela and which may be accepted or denied by Pardela. By making a User's Offer, the User will be offering to Pardela: (i) the consideration to stay at one of the Properties, which may not be less than the minimum consideration stated by Pardela in the Site and/or in the Platform, (ii) the consideration to purchase Additional Products and Services stated in the Site and/or in the Platform, which may not be less than the minimum consideration stated by Pardela in the Site and/or in the Platform. The User's Offer will in any case be made in accordance with these Terms and Conditions and will therefore be deemed to have been made under these Terms and Conditions and the Terms and Conditions will be deemed to have been reproduced in full in each and every one of the User's Offers. As a seriousness money deposit, the User will make the payment of an amount (the “Seriousness Deposit”) equivalent to the amount of the consideration indicated in the User's Offer without such deposit being considered an acceptance by Pardela. The User may not revoke the User's Offer (despite having made the Seriousness Deposit) paid until Pardela notifies the User of the acceptance or rejection of the User's Offer.
The User irrevocably authorizes Pardela to charge the Seriousness Deposit to a credit or debit card and to apply it to the payment of the corresponding consideration in the event that Pardela decides to accept the User's Offer without the need for a prior judicial order or any additional act and despite the fact that the User or the User’s beneficiaries may or may not stay in any Property and/or may or may not acquire or contract the Additional Products and Services.
V.B. Confirmation of User Offers. Pardela, through messages displayed on the Site and/or in the Platform and addressed to the User, by email or telephone, at its sole discretion, will notify the User of the receipt of an User’s Offer and, if accepted by Pardela, will deliver to the User confirmation of receipt of the User's Offer (each, an “Order Confirmation”), which will include (i) the User's identity, (ii) the non-detailed description of the Property, the Additional Products and Services (iii) the price of the accommodation and the Additional Products and Services, if applicable, (iv) the forms of payment acceptable to Pardela, (v) the availability of the Property for the accommodation and/or the existence or non-existence of the corresponding Additional Products and Services, if applicable, (vi) the identification number of the Order Confirmation, and (vii) any other information that Pardela deems relevant. The Order Confirmation will not constitute acceptance of the User's Offer by Pardela.
V.C. Agreement, delivery and payment. The User agrees that the User's Offer will be considered accepted by Pardela and therefore agreed upon between the User and Pardela only until the Property and/or the corresponding Additional Products and Services have been delivered by Pardela to the User and the User agrees to pay the corresponding price to Pardela at that same time and/or to apply the Seriousness Deposit at that time as provided in the following paragraph. Pardela and the User agree that the User or any person of legal age authorized as a guest of the User on the Site and/or in the Platform, shall be the only persons authorized to receive the Property; for such purposes, the User authorizes and irrevocably designates each and every person of legal age that he or she authorizes at any time as a guest of the User on the Site and/or in the Platform as the User’s agent to receive the Property on behalf of the User.
In the event that the User does not show up or for any reason does not receive the Property and/or the Additional Products and Services, the User will continue to be obliged to pay the corresponding consideration and authorizes Pardela irrevocably to apply immediately on the date on which the Order Confirmation should be delivered to the User and at any time after that date the resources corresponding to the Seriousness Deposit to the payment of the corresponding consideration without the need for any judicial declaration or additional act, as far as they reach, being obliged to pay the remaining amount and irrevocably authorizing Pardela to charge any amount to the User's bank credit or debit cards.
The User irrevocably authorizes Pardela to apply the resources corresponding to the Seriousness Deposit to the payment of any other amount owed by the User to Pardela for any reason (including, without limitation, damages to or in connection with the Property), without the need for any judicial declaration or additional act, being obliged to pay the remaining amount and irrevocably authorizing Pardela to charge any amount to the User's credit or debit cards.
Any consideration for a stay will be payable upon delivery of the Property by a charge to the credit or debit card authorized by the User to Pardela though any means indicated on the Site or Platform or in the Order Confirmation and which is consistent with the contracts entered into by Pardela with the corresponding card suppliers or the service providers of the payment system chosen by the User and accepted by Pardela. In the event that the User chooses to pay for the accommodation in any Property, the purchase of any product and/or the payment of any service with a bank card, the User declares that he has the right to charge the corresponding card and irrevocably agrees to sign and deliver to Pardela the proof of the corresponding charge.
The User agrees that any payment made in accordance with these Terms and Conditions will be deemed to have been made at Pardela's domicile.
V.D. Billing. The User may or not obtain an invoice (Comprobante Fiscal Digital por Internet) issued by Pardela in relation to any payment made to Pardela in terms of the applicable tax legislation from time to time by including the details of the corresponding receipt via email to email@example.com that the details of the receipt are correctly included in such link or email within 5 working days following the date on which the corresponding accommodation in the Properties has been completed.
V.E. Availability. Pardela will make its best efforts to have Properties available that are consistent with each Order Confirmation; however, the User acknowledges, is aware and agrees that such Properties may not be actually available on the date that the User wishes to stay, releasing Pardela from all liability in connection therewith. Once the Property is received, the User will be solely responsible for verifying that the Property complies with the description in the Order Confirmation and in the User’s Offer and may only refuse to stay at the time of delivery, provided that, the lack of refusal to receive the Property will be considered as the irrevocable acceptance of the User with respect to the Property.
V.F. Cancellation of the Order. Pardela may refrain from accepting an User’s Offer and from delivering the Properties when Pardela is not available, when the Properties are not in optimum condition for use, when it does not receive payment of the Seriousness Deposit, when the payment for the accommodation is not received simultaneously with the delivery of the Property or for any reason the Seriousness Deposit cannot be applied to the payment of the consideration for the accommodation in the date in which the Property should be delivered to the User in the date indicated in the Confirmation of Order, when it is not possible to carry out the delivery due to fortuitous case or causes of force majeure. The User may not revoke the User’s Offer under any circumstances.
Other important terms and conditions, authorizations and waiver of rights
VI.A. Other important terms regarding the Site, the Platform, the Properties and the accommodation. Pardela and the User agree that any accommodation service under this Terms and Conditions shall be governed, in addition to the other provisions of these Terms and Conditions, as follows:
Cancellations and Refunds. All cancellations must be made 24 (twenty-four) hours before the day of the User’s scheduled arrival. In case the cancellation is not made within the indicated period, the entire stay will be charged and the Seriousness Deposit will be applied in its entirety to the payment of the same.
Check-in time and check-out time. The check-in time will begin at 15:00 pm on the day the stay begins and at such time the Property will be handed over. The User or the User’s guests registered on the Platform and/or the Site may receive the Property provided that they are of legal age, have a valid official ID and comply with these Terms and Conditions.
Check-out will be no later than 12:00 noon on the day the accommodation is actually finished. In the event that the User, the User’s guests or the User’s Property (including, without limitation, luggage and other personal items) remains on the Property after such time, Pardela may (i) charge for an additional night's lodging (and charge it to any form of payment by the User, for which the User irrevocably authorizes the User to make such charge), or (ii) vacate the Property by evicting the persons on the Property and/or removing the property from the Property (including the User’s luggage and other personal items) to the public road. Pardela shall have no obligation to safeguard the property (including luggage and other personal items) of the User and the User’s guests at any time, and the User hereby releases Pardela from all liability in connection with the foregoing, and agrees to remove the property in peace and safe from any claims related to the foregoing.
In the event that the User needs to enter (check in) or terminate the accommodation (check out) outside the indicated hours, the User may request it in writing at least 24 (twenty-four) hours before the User’s arrival at the Property through the Site or the Platform. The User's request is subject to availability and confirmation by Pardela, so the mere submission of the request does not imply acceptance by Pardela. If the User's request is approved, Pardela will contact the User to confirm it.
Guests and visitors. In accordance with the description and characteristics indicated on the Site and/or in the Platform, each Property is intended to accommodate a maximum number of people. In the event that the User exceeds the maximum number of people in the corresponding Property, Pardela may, at its discretion, (i) terminate the accommodation immediately, (ii) not allow more people to enter than those who correspond to the description and characteristics indicated in the Site and/or in the Platform for said Property, (iii) charge the User for each additional person who exceeds the capacity of the Property indicated in the description and characteristics indicated in the Site and/or in the Platform, or (iv) may require the User to change departments to one that can accommodate the corresponding number of people.
The User shall be responsible for the User´s guests and for any damage, they may cause and undertakes to indemnify Pardela, its officers, employees and workers for any damage they may cause. In the event that any of them is a minor, the User must have the User’s parental authority or guardianship and/or be authorized by the person who has it to allow him/her to enter the Property. Under no circumstances may a minor stay in the apartment without the supervision and company of the User’s parent or guardian or without the express authorization of the same.
At all times, the User will be responsible for the behavior and actions of the User’s guests and visitors, as well as for compliance with Pardela’s Terms and Conditions, applicable law and any other applicable norms or regulations.
Other terms and conditions regarding the accommodation and use of the Properties. By accepting these Terms and Conditions, and by the admission of their guests and visitors, said guests and visitors are obliged to comply at all times with the rules and other provisions established in the regulations of the Condominium in question, including those relating to third party services (including without limitation Uber, Ubereats and Rappi).
The maximum limit of sound level allowed in the Properties between 22:00 and 6:00 the next day is 50 decibels (dB). In the event that User exceeds the permitted limit during the established hours, Pardela shall be entitled to charge User a penalty of US$100 (one hundred United States dollars) plus VAT, per event, in addition to any other applicable penalties and its obligation to repair and indemnify Pardela for any damage caused to User (including without limitation the collection of condominium fines).
Animals and/or pets are not allowed in the apartments and are prohibited from entering, including animals for therapeutic purposes, except for apartments marked as “Pet-friendly”. In the event that User needs a pet friendly apartment, The User: (i) must obtain written confirmation from Pardela, (ii) must pay Pardela a pet fee of US$100 (one hundred United States dollars) plus VAT, at least 24 (twenty-four) hours before the User’s arrival at the Property and (iii) must accept and comply with Pardela’s Pet Policy made available by Pardela by any means.
In case any User, guest or person alters and/or manipulates the fire system, any type of alarms, smoke detectors, extinguishers and signs of the apartment or building, Pardela shall be entitled to charge the User a penalty equivalent to US$1,000 (one thousand dollars of the United States of America) plus VAT, plus, if applicable, the cost of repairing said equipment.
The User must ensure at all times that the windows and doors of the apartment are closed when leaving the apartment. Pardela will not be responsible for any theft or loss suffered inside the Properties.
The furniture, bedding, bath, cloths, technology, art and accessories of the Properties must remain within them at all times, and the User is obliged not to remove them from the Properties or damage and/or change them in any way whatsoever and is responsible for any damage or harm in relation to the above. Pardela shall be entitled to charge the User a penalty of US$300 (three hundred United States dollars) plus VAT, in addition to the replacement cost at commercial value as new, of any of the missing and/or damaged furniture, linens, bedding, bath, cloths technology, art and/or accessories.
The penalties indicated here are agreed upon in addition to any other responsibility of the User and the User’s guests provided for in these Terms and Conditions, in any law, regulation or contract and, by virtue of the fact that the user will keep the possession of the Property from the delivery of the same until the end of the accommodation, the User agrees to be responsible for any damage and/or harm caused to Pardela in the event that these Terms and Conditions are not complied with by the User, by any of the User’s guests or by any other person during said time and to pay any amount and/or penalty that may apply in accordance with the same
VI.B. Limitation of liability of Pardela. Pardela and the User agree that Pardela will not be responsible for the total or partial loss of the User's property, the User’s guests and/or any other person, including without limitation theft, loss, natural disasters, earthquakes, fires, floods, orders from competent authorities and any other. The User releases Pardela from any liability in connection with the foregoing and agrees to take it out in peace and save for any claim in connection with the foregoing.
VI.C. Prohibition to the User and the User’s guests to sublet, to assign the use, to accommodate, to give in commodatum (bail out). In no case the User will be able to sublease, assign the use, accommodate or lend the Property. The User agrees not to perform any act by virtue of which a person other than the User and the persons registered on the Site and/or in the Platform as guests use the Property and not to allow access to any other person.
VI.D. Pardela's policy of compliance with the law. The User acknowledges that Pardela may perform any act permitted or required under applicable law and regulations for the purpose of fulfilling its obligations under such applicable law and regulations, irrevocably authorizing the User to enter the Property, including when the User, the User’s belongings or the User’s guests are there, while staying there or thereafter and to carry out the measures it deems appropriate in accordance with its internal policies and/or security protocols without incurring any liability to the User, the User’s guests or any other person.
VI.E. Waiver of Rights. The User waives the right to claim any obligation and/or responsibility from Pardela for damages caused by its employees, servants, officials or any other person, and agrees to remove him or her in peace and save for any claim in connection with the foregoing.
VI.F. Baggage retention authorization. Notwithstanding any other right pursuant to applicable law, the User irrevocably authorizes Pardela to hold the User and the User’s guests’ luggage for as long as any debt exists with Pardela until payment is made in full without implying the obligation of holding or keeping safe the luggage.
VI.G. Indeminity. The User acknowledges that Pardela does not assume any obligation or responsibility that is not specifically set forth in these Terms and Conditions. The User hereby agrees to indemnify Pardela, its employees, officers, directors, agents and affiliates for any and all damages, injuries, losses or losses arising out of the User's failure to comply with its obligations under these Terms and Conditions (including without limitation court and attorney's fees and expenses incurred by Pardela) and agrees to hold such persons harmless from any and all proceedings, suits, investigations, inquiries and other proceedings, if any, brought against them in connection therewith.
VI.H. Inspection of the Properties and assets of the User and guests. The User authorizes Pardela to conduct any audit of the Property and the assets of the User and the User’s guests (including, without limitation, the User’s luggage) at any time during the User’s stay and after the User’s stay is over. The User agrees to allow Pardela, or any third party designated by Pardela, to examine the Property and the personal property of the User and the User’s guests.
VI.I. Privacy Notice. The User agrees in writing that Pardela will receive, manage and process the personal data that the User voluntarily transmits to it from time to time (including, where applicable, any sensitive personal data) and that the processing of such information will be in terms of the Privacy Notice included below. The User acknowledges that this consent is granted in writing and expressly by the User in terms of article 1,803 of the Federal Civil Code and the Federal Law on the Protection of Personal Data in Possession of Individuals. The user may consult the Integral Privacy Notice at any time on the site http://www.pardelanow.com/privacy-policy
Last Updated: January 7th, 2021