1. Planning of trips and retreats;
2. Planning and management of sports activities;
3. Planning and management of recreational, social and cultural activities;
4. Planning and management of culinary activities;
5. Booking of accommodations.
6. Booking of means of transportation at the Experience site.
7. Specialized guides at each destination.
5.1 Catalog of Experiences
In case the User wishes to contract an Experience offered by Aire Libre, he/she may do so by entering the Website. Once logged in, the User must select the «Experiences» tab, where the User may view the catalog of Experiences that are available at that moment.
The Experiences will be catalogued in one of the following categories:
(i) Retreats; and (ii) Getaways, which will depend on the duration of each Experience.
The User must select the Experience he/she wishes to hire, and once selected, he/she will be redirected to the specific tab of each Experience, in which he/she will find the information and specifications of the selected Experience, including but not limited to: (i) Information regarding accommodation; (ii) Itinerary of the Experience; (iii) A recommended list of items for the trip; (iv) A list of services and resources included and/or not included by Aire Libre within the Experience; (v) Specifications of the Experience; and (vi) Relevant informative notes about the Experience.
5.2 Booking of Experiences
To book an Experience, the User must select the «Book Now» button within the specific tab of each Experience.
Bookings for Experiences will be made through the WeTravel platform, through which the User must complete the information requested in accordance with the following:
(I) Choose Package: The User selects from the designated options, the package he/she wishes to contract. The packages may vary depending on the Experience selected by the User. Likewise, the User must select the form of payment, either by means of deferred payments or cash payment, in accordance with Clause Seven.
(II) User and/or Participant information questionnaire:
The User must answer the questionnaire presented through WeTravel, which will contain, but is not limited to: (a) contact information of the person making the payment for the experience; (b) contact information of the person(s) who will participate in the Experience; (c) general information of the participants in the Experience, including diet, travel insurance information (if any), medical insurance information (if any), emergency contact, references, Covid-19 vaccination status and additional notes.
In case the package selected by the User corresponds to more than one Participant, the User must enter the contact information of the second Participant who will be responsible for entering all of his or her information in the questionnaire.
Likewise, in case the User wishes to continue with the payment process for the Experience, he/she must check the boxes for: (1) acceptance of responsibility and image rights; (2) truthfulness of information.
(III) Payment: Once the questionnaire has been answered, the User must enter the payment information, in accordance with Clause Four of these Terms and Conditions.
(IV) Confirmation: Once the booking of the Experience is confirmed, WeTravel will automatically send the purchase information to the email indicated by the User, in accordance with the Terms and Conditions of WeTravel.
Likewise, Aire Libre will send to all Participants registered in the booking process, an email with the specifications and information of the booked Experience to the email indicated by the User within 72 (seventy-two) hours following the reception of the confirmation email sent by Aire Libre.
The User and/or Participant accepts and acknowledges that his/her Experience will be considered booked only at the moment Aire Libre sends the confirmation email to the email address indicated in the booking.
By making the booking of any Experience, the User accepts and agrees, in his/her own right and on behalf of any Participant included in the booking, to comply with the Terms and Conditions of Aire Libre and the Terms and Conditions of WeTravel, including those persons who are minors and/or suffer from any type of disability.
Aire Libre reserves the right to refuse any booking at its sole discretion.
(V) Minimum and Maximum Participation: The User accepts and acknowledges that the Experiences offered by Aire Libre have a minimum number of Participants necessary to carry out the Experience, therefore the confirmation of an Experience does not guarantee the Participants the execution of the same.
In case the Experience booked by the User does not comply with the minimum number of registered Participants, the Experience will not be carried out and Aire Libre will notify the Participant of such situation at least 30 (thirty) calendar days in advance and the Participants may request their reimbursement in accordance with Clause 7.6.
Likewise, all the Experiences will have a maximum number of Participants established in the specifications of each Experience through the Website, so if a User wishes to reserve an Experience that already has the maximum number of Participants registered for the same, he/she will not be able to acquire or reserve such Experience. In this case, the User may register on the corresponding waiting list.
(VI) Signing of Liability Release Letter: Prior to the start of the Experience, Aire Libre will provide the Participants with a liability release letter, through digital and/or physical means, which must be signed with name and signature, by each of the Participants. The User and/or the Participants accept and acknowledge that they may not, for any reason whatsoever, participate in the Experiences without having previously signed the liability release letter provided by Aire Libre.
Aire Libre will send a follow-up email to the Participants no later than 72 (seventy-two) hours after sending the confirmation email of the booking, sent by Aire Libre, which will include, but not limited to, the itinerary of the Experience, relevant information about flights and general recommendations for the Experience. Aire Libre may also arrange follow-up video calls with the Participants, as well as access to a Whatsapp group in order to have direct communication between the Participants and Aire Libre staff.
Aire Libre recommends that Participants refrain from purchasing and/or booking any means of transportation until the official confirmation email is received from Aire Libre.
Aire Libre will not be responsible to the User and/or the Participants for any type of booking and/or purchase of travel tickets to the place of the Experience made by the Participants.
5.4 Arrival at destination and start of the Experience
Aire Libre will provide an itinerary to the Participants, either through the Website in the tab of the booked Experience or through email communications.
Participants must arrive in accordance with the itinerary and departure times provided by Aire Libre, in order to guarantee the correct participation in the Experience.
Aire Libre shall not be liable in any way in the event that, for any reason, the Participant does not arrive on time at any stage of the Experience. Likewise, the Participant accepts and acknowledges that he/she will be solely responsible for covering any and all expenses incurred due to non-compliance with the itinerary and schedules established by Aire Libre for each Experience.
Additionally, in the event that, as a result of the Participant’s failure to comply with the itinerary, any affectation in the execution of the Experience is caused, either with respect to logistics or that results in an expense for Aire Libre and/or any Participant, the Participant who generated such affectation shall cover any additional cost and/or expense generated by his or her non-compliance.
Aire Libre reserves the right to modify the itinerary and program of the Experience, derived from any circumstance that, at the discretion of Aire Libre, may affect the development of the Experience, however, Aire Libre will make its best effort to comply with the agreed itinerary.
The User may only acquire Experiences that are available at that moment through the Website.
In case the User wishes to purchase an Experience that is not available at that moment, Aire Libre will offer the option of registering in a waiting list, which has the purpose of registering potential participants and notifying when such Experience is available.
5.6. Purchase of Travel Insurance
Aire Libre recommends that all Participants purchase travel insurance in order to protect themselves against any unforeseeable circumstance, including but not limited to cancellations, delays, emergencies, loss of luggage, and any other unforeseeable event.
Likewise, the User and the Participants accept and acknowledge that the contracting of a travel insurance is an exclusive decision of the User and the Participants, therefore Aire Libre shall not be responsible for the contracting of any type of insurance, including travel insurance, in favor of any User and/or Participant.
5.7. Health Conditions
In order to participate in the Experiences, the Participant must provide all medical and health information requested at the time of booking. Likewise, in case of having any medical condition, illness, pregnancy, disability and/or any other physical or mental condition that affects his/her ability to travel or participate in any Experience, he/she must inform Aire Libre’s personnel prior to the beginning of the Experience.
In case of failure to notify the above, Aire Libre is not responsible and reserves the right to refuse your participation or cancel your booking. In this case, the cancellation fees established in Clause 7.6 of these Terms and Conditions shall apply.
Aire Libre informs the User that it is possible that the Experiences offered may not be suitable for certain people, depending on various factors, such as age, physical or psychological condition, mobility, disability, pregnancy and/or any other condition, so it is the responsibility of the User to review the itinerary and description of the Experience, as well as to make the necessary consultations to assess their participation.
Aire Libre reserves the right to refuse the participation of pregnant women with a pregnancy period of more than 24 weeks, or Participants with specific medical conditions, in order to ensure the safety and well-being of the Participants.
The User and/or Participants agree and acknowledge that Aire Libre will not provide any Participant with special facilities and/or accommodations.
5.8 Medical and Accident Insurance
The User and/or the Participants agree that the medical facilities may vary among the different destinations where the Experiences take place, therefore Aire Libre shall not be responsible for guaranteeing the availability of medical and/or emergency services available at each location, so it is the responsibility of the Participant to check his/her location and the services available near the corresponding location.
The Parties agree that the booking of Experiences in no case includes the hiring of a medical insurance, therefore Aire Libre strongly recommends the User and/or the Participants to contract a medical insurance.
Aire Libre recommends all Participants to consult their doctor, health personnel and/or insurance company before attending the Experience.
Aire Libre will not be responsible for any additional costs and/or expenses related to transportation, medical care and treatment derived from any accident suffered during the Experiences, therefore the User and/or Participant assumes full responsibility for such expenses.
In the event that, during an Experience, the Participant suffers an accident that limits and/or renders impossible his/her capacity and/or use of reason and Aire Libre is unable to attend to such circumstance or contact the emergency contact indicated by the Participant, by accepting these Terms and Conditions, the Participant authorizes any medical treatment and/or medical attention, without limitation, in order to safeguard his/her integrity and state of health.
Participants will be solely responsible for having their medications for any medical condition they suffer from at the time of the Experience.
Aire Libre and/or the local operator will be in charge of making the decisions during the Experience, therefore Aire Libre reserves the right to prohibit any Participant from continuing in the Experience, without the right to reimbursement of any amount, in the event that the actions taken by the Participant put at risk the safety and well-being of the rest of the Participants, the environment, any third party and him/herself. Likewise, Aire Libre reserves the right to temporarily or permanently prohibit the participation of any person in its Experiences.
5.10. Travel Documents
Aire Libre recommends the Participant to have a valid passport for the entry to the destination of the Experience. It also recommends the Participant to verify the additional immigration requirements of the country where the booked Experience will take place.
5.11. Third Party Services
Aire Libre will carry out the contracted Experience as indicated in the Website, however, for this, it may make use of services provided by local third parties in each of the destinations of the Experiences, therefore, the User and/or Participant accepts that he/she must abide by the terms and conditions of each of the third parties with which Aire Libre collaborates for the provision of services and the Experience.
6. Release of Liability
By accepting these Terms and Conditions, the User and/or Participant of the Experiences totally and absolutely release Aire Libre from any liability in relation to the following:
a. Aire Libre shall not be responsible for the contracting of medical insurance, travel insurance and/or any other type of service provided by insurance companies for the contracting of an Experience.
b. Aire Libre shall not be responsible for booking any flights on behalf of the Participants, either inbound or outbound to the destination of the Experience.
c. Aire Libre will not be responsible for any expense, cost, damage or harm caused to the Participant; in case the Participant decides to abandon the current Experience at his/her own risk.
d. Aire Libre shall not be liable for any damage, harm and/or the safety of the Participant in case Aire Libre or any local operator cancels the current Experience and the Participant decides not to follow the instructions of Aire Libre, return to the starting point of the Experience, and in general, decides not to follow the instructions of Aire Libre and/or the local operator.
e. Aire Libre shall not be liable for any damage, harm and/or the safety of the Participant in the event that the Participant decides to participate in any activity that is not part of the Experience or is not organized by Aire Libre or the local operator.
f. It is the responsibility of the User and/or the Participant to corroborate the immigration requirements of the country of destination of the Experience and to have the immigration documents and any other additional requirements necessary for the entry to the destination country, therefore Aire Libre will not be responsible for guaranteeing the entry of the Participant in the destination country.
g. It is the responsibility of the User and/or the Participant to know the laws, customs and currency of the destination country, therefore, Aire Libre shall not be liable in case the actions of the Participant result in an act considered incorrect, illegal and/or criminal by the authorities of the destination country.
h. It is the responsibility of the User and/or Participant to know the risks of visiting the places where the Experiences will take place, derived from the geographic location, climate, political and religious current, and culture of the place. Derived from the above, the User and/or Participant is solely and exclusively responsible for his/her familiarization with the destination of the Experience.
i. The User and/or Participant releases Aire Libre from liability in the event of any damage or harm caused by any third party with whom Aire Libre collaborates in the course of the Experience.
j. Aire Libre shall not be liable in case the program and/or itinerary of the Experience is cancelled or modified in order to safeguard the integrity of the Participants and collaborators.
k. Aire Libre will not be liable in case of additional costs and expenses for the Participants, derived from delays, flight changes and/or inefficiencies in any other service, derived from strikes, accidents, illnesses, damages, negligence, bad weather, war and/or changes in itineraries.
l. Aire Libre shall not be liable for any accident or death resulting directly or indirectly from the Participant’s negligence, acts of third parties or due to acts of God or force majeure.
The User and/or the Participant agrees to hold harmless Aire Libre from any claim that may be made against it by reason of or in connection with any act or omission made by the Participant, including any breach of these Terms and Conditions. Due to the foregoing, the User and/or the Participant agrees to indemnify and hold harmless Aire Libre (including, but not limited to its respective shareholders, directors, managers, officers, representatives, agents and employees) for any claim or demand (including legal fees and costs), and agrees to reimburse Aire Libre for any amount incurred for these concepts.
In the event that the User wishes to access and/or acquire any Experience offered by Aire Libre on the Website, the User must pay the corresponding consideration in accordance with the following:
The price that Aire Libre offers for each one of the Experiences found in the Website will be the one established in the Website at the time of making the booking of the Experience, in accordance with Clause 5.2. of these Terms and Conditions.
The price of each of the Experiences will be variable based on the type of Experience and season, as well as market conditions, demand and availability of each of the Experiences.
The User accepts and acknowledges that any discount and/or price reduction with respect to the booked Experience, which has come into effect at a time subsequent to the time of contracting, will not be applicable retroactively.
Likewise, Aire Libre shall not be responsible for any additional charges generated by the exchange rate applicable at the time of purchase, as well as for any fees and/or commissions imposed by any intermediary in the payment process.
7.2 Method of Payment.
The payment of the Experiences must be made through the WeTravel platform, which uses the Stripe platform as a payment processing system, and the User must follow the payment process, filling in or verifying the information requested. Prior to the payment of the Experience, the User may modify the data entered.
The User may use Visa, Mastercard, American Express, American Express credit or debit cards, or a U.S. checking account as a means of payment.
The payment will be subject to verification and authorization of the issuing entity of the means of payment, therefore, in case of lack of verification or authorization, Aire Libre shall not be liable for the failure to provide the Services.
7.3 Time of Payment
Aire Libre offers the following methods of payment for an Experience:
a. Full Payment: By means of this modality, the User may pay the total amount of the Consideration at the time of making the booking of the Experience.
b. Deferred Payments: By selecting this modality, the User must make the payment of 10% (ten percent) of the Consideration at the moment of making the booking of the Experience and, subsequently, Aire Libre will automatically charge the following payments on the dates assigned by Aire Libre at the moment of making the booking of the Experience.
In the event that, at the time of making the booking of the Experience under the Deferred Payment modality, one or more payments are already due, the User must make payment of all amounts already due at the time of making the booking of the Experience.
In case Aire Libre does not receive the corresponding payments on the established dates, Aire Libre reserves the right to cancel the booking and retain the amounts paid by the User.
Likewise, in the event that the total amount of the Consideration has not been paid at least 30 days prior to the start date of the Experience, Aire Libre reserves the right of admission of the Participants.
The User may request the issuance of the corresponding invoices with respect to the payments made, for which he/she must follow the instructions established in the WeTravel platform. The invoices will be sent to the e-mail address provided by the User at the time of making the booking.
7.5 Promotions and Discounts
Aire Libre may, at its sole discretion, at any time, provide discount codes to the Users, which may be used by the User during the term specified in each coupon and/or promotion, through WeTravel, following the instructions provided by Aire Libre.
The User accepts that the application shall be entirely at the discretion of Aire Libre, and therefore Aire Libre shall not be obliged at any time to apply discounts to the Consideration payable by the User for the provision of the Services.
7.6 Cancellations and Refunds.
In the event of a cancellation, either by the User and/or Participant, or by Aire Libre, the following shall apply:
7.6.1. Cancellation by the Client:
In the event that the Client decides to cancel an Experience subsequent to its booking, such cancellation shall be governed by the following terms:
a. Cancellation of Experiences with a duration of 4 (four) or more days:
b. Cancellation of Experiences with a duration of 3 (three) days or less:
In case of cancellation by the User, the User shall be entitled to be reimbursed, subtracting the outstanding commissions, non-refundable deposits and the corresponding cancellation fee, in accordance with items «a» and «b» above.
7.6.2 Cancellations by Aire Libre
In the event that Aire Libre cancels an Experience, whether for lack of minimum participation or for any other reason, the User may take the following actions:
I) Request the transfer of the deposit to a different Experience, up to two times, as long as the transfer date is at least 90 calendar days prior to the start date of the Experience. In the event that the Experience preferred for reimbursement has a higher amount of Consideration than the originally contracted Experience, the User and/or Participant must pay the difference between the two prices.
II) Request a refund, from which any expenses, cancellation costs or commissions made to suppliers on behalf of the Participant will be deducted.
In the event that a Participant abandons the Experience by his/her own decision, he/she will in no case be entitled to a refund and Aire Libre will not be obligated to reimburse any additional amount.
In the event that Aire Libre cancels an Experience during the course of the Experience, due to acts of God or force majeure, Aire Libre shall not be liable to carry out the refund of any amount to the Participants, however, it may offer, at its own discretion, voluntary compensation.
In the event that the User and/or Participants have contracted travel insurance, they should review the terms and conditions of such insurance in order to carry out the corresponding reimbursement process.
Aire Libre shall not be liable for any expenses, expenses and/or losses incurred by the Participant in connection with the booking of the Experience, including but not limited to, obtaining visas, vaccinations, flights, trains, car rental, gasoline, travel expenses and any other expenses incurred by the Participant.
Nothing in these Terms and Conditions shall be construed as an obligation of Aire Libre to provide the Services, but Aire Libre shall provide the Services as it sees fit.
In the event that the User wishes to request a refund from Aire Libre, in accordance with these Terms and Conditions, the deadlines for the execution of the refund will be as follows: (i) International Refund up to 10 (ten) calendar days; (ii) Domestic Refund up to 5 (five) calendar days from the approval of the request.
7.6.4 Credit Roll-outs
90 days prior to the retreat start date:
Clients have the option to transfer the payment credit to a different Retreat or Getaway upon request.
The credited amount must be utilized within a maximum of 365 days from the original purchase date.
An administrative fee of $100 USD per person will be applied for this transaction.
8. Intellectual Property
The Website and all rights related to it are the exclusive property of Aire Libre. No provision in the Terms and Conditions, nor the use of the Website, grants or transfers any right over or in connection with the Website.
All intellectual property rights related to the Services, including but not limited to, all patents, utility models, industrial designs, trademarks, trade names, copyrights, trade secrets, know-how, technology, or any application to obtain the registration of any of the above, as well as their registrations, permits, licenses, or any other rights arising from the provision of the Services, are and will remain at all times the property of Aire Libre. The Terms and Conditions do not grant the User and/or Participant any rights whatsoever over Aire Libre’s Intellectual Property.
All information provided by Users and/or Participants will be treated as confidential information and may not be disclosed without the consent of the User and/or Participant. This obligation of confidentiality shall not cease upon expiration, suspension, termination or rescission of these Terms and Conditions.
The employees, agents or representatives of Aire Libre, as well as third parties with whom Aire Libre has a legal relationship for the performance of the obligations under these Terms and Conditions, will have access to such information. Notwithstanding the foregoing, Aire Libre may provide information by means of a well-founded and motivated request from a competent authority
10. Privacy. The processing of personal data carried out in connection with the provision of the Services, shall be governed in accordance with the provisions of the Privacy Notice of the Holder, in compliance with the provisions of the Federal Law on Protection of Personal Data Held by Private Parties (“Ley Federal de Protección de Datos Personales en Posesión de los Particulares”), its Regulations and other applicable legal provisions.
The consent for the treatment of sensitive personal data will be obtained at the moment of accepting these Terms and Conditions.
The provisions of these Terms and Conditions shall be in force while the User uses the Website and/or any other extension of the platform, there are Experiences in force, property of Aire Libre.
However, Aire Libre may terminate access to the Website, the Services and these Terms and Conditions with respect to any User, at any time unilaterally, without any liability for Aire Libre.
12. Failures in the Website
Aire Libre shall not be liable for any damage, harm or loss to the User that may be caused by failures in the Website, in the server or in the Internet. Aire Libre shall not be liable for any virus that may infect the User’s computer as a result of access or use of its website or as a result of any transfer of data, files, images, text or audio contained therein. The User may not hold Aire Libre liable for any damages or losses resulting from technical difficulties or failures on Aire Libre’s Website or on the Internet. Aire Libre does not guarantee continuous or uninterrupted access and use of the Web Site, because it may eventually be unavailable due to technical difficulties, Internet failures, maintenance or for reasons beyond Aire Libre’s control; in such cases, Aire Libre will try to restore it as soon as possible, but Aire Libre shall not be held liable for any of the foregoing. Likewise, Aire Libre shall not be liable for any error or omission contained in the Website.
The Website may contain links to third party websites. In such cases, Aire Libre shall not be responsible in any way for the content, products, services, advertisements or other information that may be provided by or through such sites or advertisements, nor for their privacy policies or their compliance with applicable legal provisions.
Aire Libre shall not be liable for any failure in the Website, derived from the failure of the operating systems, lack of access to the Internet, or failure of the User to make the corresponding updates.
In case there is a failure or malfunction in the Website, whether attributable to Aire Libre or not, the User must notify Aire Libre of such failure so that the latter may make the modifications tending to solve such failure or malfunction.
13. Questions, Suggestions and Claims
In case the User has any questions, suggestion or claim regarding the Services offered by Aire Libre, he/she may communicate it to his/her assigned advisor through the messaging service WhatsApp, or to the following email account: firstname.lastname@example.org
Aire Libre may cease to offer the Services or deny access to the Services or terminate the provisions of these Terms and Conditions at any time without liability to Aire Libre. In case of termination, the User shall cease to use the Website.
Notwithstanding the foregoing, the termination of the Terms and Conditions shall not affect the rights and obligations arising prior to the date of termination.
Aire Libre may terminate these Terms and Conditions and restrict the use of the Website by the User, in case the User fails to comply with any of the obligations set forth in these Terms and Conditions.
Nothing in these Terms and Conditions shall in any way constitute any type of partnership, association, commission or employment relationship between Aire Libre and the User and/or the Participant.
Aire Libre may modify the Terms and Conditions at any time, for which purpose, Aire Libre may inform the Users and/or Participants through a publication on the Platform or through email about such modifications. Aire Libre will choose the means of notification to the Users and/or Participants at its sole discretion, under the understanding that the notification will be understood to be made when it is made by any of the means indicated in this paragraph. Notwithstanding the foregoing, Aire Libre may publish the updates or modifications to the Terms and Conditions in the Website, in the understanding that the sole use of the Website implies the express acceptance by the User of any update or modification of the Terms and Conditions.
The last update of the Terms and Conditions occurred on the date indicated at the beginning of these Terms and Conditions.
In the event that the User does not accept the modifications made to these Terms and Conditions, Aire Libre shall cease to provide the services to the User immediately.
The User acknowledges that the headings of each of the clauses of these Terms and Conditions are for reference purposes only and shall not affect the meaning or interpretation of these Terms and Conditions.
All notices and/or communications between the User and/or the Participant and Aire Libre shall be in writing and shall be sent by e-mail to the following addresses:
1658 MATIAS ROMERO STREET
VERTIZ NARVARTE, MEXICO CITY
ZIP CODE: 03600.
Phone Number: +52 1 56 3467 5304
19. Jurisdiction and Applicable Law
For all matters relating to the interpretation and fulfillment of these Terms and Conditions, the parties hereby expressly and irrevocably submit to the applicable laws of the United Mexican States and to the jurisdiction of the competent courts of Mexico City, United Mexican States, and expressly and irrevocably waive any other jurisdiction that may correspond to them by virtue of their present or future domiciles or for any other reason.
This document consists of a version in Spanish and another in English, in connection with which it is stipulated that in case of any controversy, the Spanish version will prevail.