This publication is provided without cost and exclusively for informational purposes by OTM Naviera, S.A. de C.V. (the “Company”). It is in no way intended as, nor may it be construed as, an offer to sell, or a solicitation of an offer to buy, timeshare, lodging rights, or any other related product or service, or as an inducement of any kind in connection therewith. Nothing contained in this publication is intended to, or may be construed to, amend, modify, or supplement any Contract for Lodging Rights and Services, or to create any rights, express or implied, in favor of any Member or any other person or entity, or to create any obligation, express or implied, on the part of the Company, the publisher, or any of their affiliates. All photos, graphics, copies, and renderings are protected by copyright laws and may not be used or reprinted without the written consent of the Company. No representation or warranty is made regarding the accuracy of information or renderings contained herein, and all information and other matters referred to or depicted herein are subject to change without notice. The Company and the publisher disclaim any responsibility for damages relating to any changes, errors, or omissions, regardless of cause. The Company shall have no liability of any sort based upon (i) any divergence of any VidantaWorld’s ELEGANT itinerary or amenity later opened or offered from any visual depiction contained in this or any other publication or (ii) any failure to offer, delay in offering, or subsequent closure, limitation, or modification of any VidantaWorld’s ELEGANT itinerary or amenity. The Company and its affiliates shall maintain absolute discretion as to whether and when to offer, modify, or discontinue any attractions or amenities, whether VidantaWorld-branded or otherwise. Any bookings on VidantaWorld’s ELEGANT shall be subject in all respects to additional terms and conditions contained in the contract documents concerning such booking. All matters related in any way to this publication shall be governed exclusively by the laws of Jalisco, Mexico, and any dispute relating to or arising out of the use of this publication or any of the material contained herein shall be resolved exclusively in accordance with the following dispute reso- lution process. The parties may resort to a conciliatory proceeding before the Federal Consumer’s Protection Agency of Mexico (Procuraduría Federal del Consumidor). If the parties cannot reach a resolution before the Federal Consumer’s Protection Agency or elect not to pursue such a proceeding, all disputes relating to or arising out of the use of this publication or any of the material contained herein shall be resolved exclusively and finally by arbitration under the Rules of Arbitration of the Arbitration Center of Mexico (CAM) by one arbitrator of Mexican nationality. The parties shall attempt to agree upon the arbitrator who will be designated to resolve their dispute. However, if no such agreement is reached within thirty (30) days of the day of receipt of the claimant’s Arbitration Demand from the Secretary General, the sole arbitrator shall be designated by the General Counsel of the CAM, which designation shall be conclusive and binding on the parties. The place of the arbitration shall be Mexico. The language of the arbitration proceedings shall be Spanish. The applicable law shall be the federal laws of Mexico. Any claim submitted to arbitration as provided herein shall be adjudicated strictly on an individual basis, and no arbitration hereunder shall proceed as a class action. The parties agree that the courts of Guadalajara, Jalisco, Mexico shall have exclusive jurisdiction over any action to enforce, vacate, or modify any award of an arbitrator entered in arbitration hereunder. Use of, or reliance upon, this publication shall be construed as specific and knowing (i) consent to the foregoing dispute resolution process, the jurisdiction of the courts of Guadalajara, Jalisco, Mexico and the applicable federal laws of Mexico in connection therewith, (ii) waiver of any right to resolve disputes to which this dispute resolution provision applies in any manner or forum other than as stated herein, and (iii) waiver of any right to challenge jurisdiction or venue in such courts with regard to any suit, action, or proceeding under or in connection with this publication. To obtain more information about the treatment we give to your personal data and your rights in regards of your personal data, please consult our privacy policy on https://www.vidantaworld.com/en/privacy-policy.
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