Terms and conditions of Use

1. Introduction and acceptance

These Terms and Conditions of Use (hereinafter the "Terms and Conditions") apply to this Internet portal whose domain name is https://www.interactiveaquariumcancun.com/ (hereinafter, the "WEBSITE"), property of Operadora Xuna, S.A. de C.V., hereinafter referred to as "INTERACTIVE AQUARIUM", by using the WEBSITE, you are accepting the Terms and Conditions contained in this agreement and expressly declare your acceptance using electronic means for such purpose, in terms of the provisions of Article 1803 of the Federal Civil Code of Mexico.

If you do not fully and completely accept the Terms and Conditions of this agreement, you must refrain from accessing, using and observing the WEBSITE.

The sole use of the WEBSITE grants the general public the status of user (hereinafter referred to as the "user" or "users") and implies full and unconditional acceptance of each and every one of the general and specific conditions included in these Terms and Conditions published by INTERACTIVE AQUARIUM at the time the user accesses the WEBSITE.

All expressions used in these Terms and Conditions that are not expressly defined should be understood in accordance with their use on the Internet and in the telecommunications industry.

Any modification to these Terms and Conditions will be made when the holder of the same, in this case INTERACTIVE AQUARIUM, considers it appropriate, being the sole responsibility of the user to make sure to take knowledge of such modifications.

2. Agreement

Adhesion agreement for the use of the Internet site https://www.interactiveaquariumcancun.com/ (the "WEBSITE") entered into by: on the one hand, INTERACTIVE AQUARIUM and, on the other hand, the user, subject, both parties, subject to the provisions of this document.

The section titles in these Terms and Conditions are merely indicative and have no legal or contractual validity. Access to the WEBSITE or the contents published herein may be illegal for certain persons or in certain countries. Users who access the WEBSITE assume such risk and are responsible for complying with the laws of the jurisdiction in which they are located.

3. License

1. 1. By virtue of the execution of this agreement, INTERACTIVE AQUARIUM grants and concedes to the user the non-exclusive, revocable and non-transferable right to view and use the WEBSITE in accordance with the Terms and Conditions of Use stipulated herein. For the purposes of this agreement, the parties agree that "user" shall mean any person of any nature that enters the WEBSITE and / or any of the subpages that display their content and / or the person of any nature that is registered and / or use any of the services offered through this page.
   2. The user may only print and/or copy any information contained or published in the WEBSITE exclusively for personal use, the commercial use of such information is strictly prohibited. In case of being a legal entity, it shall be subject to the provisions of article 148, section IV of the Mexican Federal Copyright Law.
   3. The reprinting, publication, distribution, assignment, sublicensing, sale, electronic reproduction or otherwise, in whole or in part, of any information, document or graphic that appears on the WEBSITE any use other than personal non-commercial use is expressly prohibited to the user, unless you have the prior written          permission   of          INTERACTIVE AQUARIUM.

The user and INTERACTIVE AQUARIUM agree that the use of the WEBSITE will be subject to the following rules:

Information contained in the WEBSITE. The user acknowledges and agrees that the information published or contained on the WEBSITE will be clearly identified so that it is recognized that it comes from and has been generated by INTERACTIVE AQUARIUM or its suppliers.

1. However, the information, concepts and opinions published on this site do not necessarily reflect the position of INTERACTIVE AQUARIUM, or ts employees, officers, directors, shareholders, licensees, and licensees (hereinafter the "affiliates"). For this reason, INTERACTIVE AQUARIUM is not responsible for any of the information, opinions and concepts that are issued on the website referred to. In this case, the user is advised to consult with a specialist and / or professional in the field. Also, INTERACTIVE AQUARIUM is not responsible for the information contained on the website, including subpages, with the understanding that the use and monitoring of the same is at the risk and responsibility of the user.

2. INTERACTIVE AQUARIUM reserves the right to block access or remove in whole or in part any information, communication or material that in its sole judgment may be: i) abusive, defamatory or obscene; ii) fraudulent, deceptive or misleading; iii) in violation of copyright, trademark, confidentiality, trade secrets or any intellectual property rights of a third party; iv) offensive or; v) that in any way contravenes the provisions of this agreement. If the user wishes to obtain more information on a specific topic provided by , INTERACTIVE AQUARIUM or its suppliers should consult directly with each of them, as appropriate, and / or with a specialist in the field.
3. The user acknowledges that , INTERACTIVE AQUARIUM does not control or censor the content available on the WEBSITE. For this reason, , INTERACTIVE AQUARIUM assumes no responsibility for the content provided to such page by independent providers or outside , INTERACTIVE AQUARIUM and has no editorial control over the content, information and / or material generated and / or provided by third parties. All opinions, advice, statements, statements, services, offers or other information or content expressed or made available to the public by third parties, belong to their respective author and , INTERACTIVE AQUARIUM assumes no responsibility for it. Similarly, , INTERACTIVE AQUARIUM does not guarantee the accuracy, truthfulness, comprehensiveness and / or usefulness of any content provided by such third parties. Additionally, , INTERACTIVE AQUARIUM is not responsible or guarantee the accuracy, completeness, truthfulness and / or reliability of any opinion, information, advice or statement expressed by INTERACTIVE AQUARIUM through its website and under no circumstances , INTERACTIVE AQUARIUM be liable for any damage and / or injury, direct or indirect, caused by virtue of the confidence that the user relies on information obtained through its WEBSITE. , INTERACTIVE AQUARIUM reserves the right to delete or modify the content of this page that, in the sole judgment of INTERACTIVE AQUARIUM, does not meet its standards or that could be contrary to the law and therefore will not be responsible for any failure or delay that is generated to remove such material.

MINORS. The WEBSITE is not directed to persons under 18 years of age, and INTERACTIVE AQUARIUM does not allow the use of the WEBSITE by such minors. By using the WEBSITE the user acknowledges and agrees that he or she is a person of legal age according to the jurisdiction of his or her location. Parents, guardians or any adult responsible for supervising the acts of a minor shall be responsible for the acts of such minor resulting in damage or loss caused to , INTERACTIVE AQUARIUM by the use of this WEBSITE.

Users acknowledge that by providing personal information required in any of the services provided on this website, they grant INTERACTIVE AQUARIUM the authorization referred to in Article 109 of the Mexican Federal Copyright Law. In all cases, users are responsible for the accuracy of the information provided to INTERACTIVE AQUARIUM.

Likewise, for the provision of services, the user is also obliged to accept the terms and conditions stipulated for such purpose.

INTERACTIVE AQUARIUM, the https://www.interactiveaquariumcancun.com/ website, its logos and all material appearing on such site, are trademarks, domain names, trade names and artistic works owned by their respective owners and are protected by international treaties and applicable intellectual property and copyright laws.

The copyright on the content, organization, compilation, compilation, information, logos, photographs, images, programs, applications, and in general any information contained or published on the website https://www.interactiveaquariumcancun.com/ are duly protected in favor of INTERACTIVE AQUARIUM, its affiliates, suppliers and / or their respective owners, in accordance with applicable legislation on intellectual and industrial property.

The user is expressly prohibited from modifying, altering or deleting, either totally or partially, the notices, trademarks, commercial names, signs, advertisements, logos or in general any indication that refers to the ownership of the information contained in the aforementioned site.

In the event that the user transmits to INTERACTIVE AQUARIUM any information, programs, applications, software or in general any material that requires to be licensed through the website https://www.interactiveaquariumcancun.com/ , the user hereby grants to INTERACTIVE AQUARIUM a perpetual, universal, free, non- exclusive, worldwide, royalty-free license, which includes the rights to sublicense, sell, reproduce, distribute, transmit, create derivative works, display and publicly perform them.

The provisions of the preceding paragraph shall apply equally to any other information that the user sends or transmits to INTERACTIVE AQUARIUM, including, without limitation, ideas to renew or improve the website https://www.interactiveaquariumcancun.com/, whether these have been included in any space on the page indicated or by virtue of other means or modes of transmission known or to be developed in the future.

Therefore, the user hereby expressly waives the right to bring any action, suit or claim against INTERACTIVE AQUARIUM, its affiliates or suppliers for any actual or potential infringement of any copyright or intellectual property rights derived from the information, programs, applications, software, ideas and other material that the user submits to the website https://www.interactiveaquariumcancun.com/ .

It is our policy to act against intellectual property violations that may arise or originate as provided in applicable intellectual property and other laws, including removing or blocking access to material that is subject to activities that infringe the intellectual property rights of third parties.

In the event that any user or third party considers that any of the contents that are or will be introduced in the site https://www.interactiveaquariumcancun.com/ and/or any of its services, violate their intellectual property rights, they should send a notification to the following address infoaquarium@delphinus.com.mx indicating: (i) truthful personal data (name, address, telephone number and e-mail address of the claimant); (ii) autograph signature with the personal data of the holder of the intellectual property rights; (iii) precise and complete indication of the content(s) protected by the intellectual property rights allegedly infringed, as well as the location of such violations on the referred website; iv) express and clear statement that the introduction of the indicated content(s) has been made without the consent of the holder of the intellectual property rights allegedly infringed; v) express, clear statement under the responsibility of the claimant that the information provided in the notification is accurate and that the introduction of the content(s) constitutes an infringement of such rights.

The personal data of users who use the WEBSITE to purchase any of the services offered by INTERACTIVE AQUARIUM will be treated according to our policies and privacy notice applicable in the following page: https://www.delphinusworld.com/privacy-policy

You acknowledge and agree that INTERACTIVE AQUARIUM is an organization independent of third party sponsors and advertisers whose information, images, advertisements and other advertising or promotional material (hereinafter "Advertising Material') may be published on the https://www.interactiveaquariumcancun.com/ web site.

The user acknowledges and agrees that the advertising material is not part of the main content published on this site. The user also acknowledges and accepts that this material is protected by the applicable intellectual and industrial property laws.

The user agrees that the use of the WEBSITE 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" basis. INTERACTIVE AQUARIUM does not warrant that the site will meet the user's requirements or that the services offered therein will be uninterrupted, secure or error-free.

INTERACTIVE AQUARIUM does not guarantee or endorse in any way the truthfulness, accuracy, legality, morality or any other characteristic of the content of the material published on the WEBSITE.

INTERACTIVE AQUARIUM disclaims all warranties and conditions, both express and implied, with regard to the services and information contained or available on or through this website, including, without limitation:

1. The availability of use of the website https://interactiveaquariumcancun.com/.
2. The absence of viruses, bugs, bugs, deactivators or any other contaminating material or destructive functions in the information or programs available on or through this page or in general any failure in said site.
3. Notwithstanding the foregoing, INTERACTIVE AQUARIUM or its suppliers may update the content of the page constantly, so the user is requested to take into account that some information advertised or contained in or through this website may be outdated and / or contain inaccuracies or typographical or spelling errors.

To the maximum extent permitted by applicable law, INTERACTIVE AQUARIUM shall in no event be liable for any direct, special, incidental, indirect, or consequential damages that in any way arise out of or relate to:

1. The use or performance of the WEBSITE, with the delay or unavailability of use of INTERACTIVE AQUARIUM.
2. The provision or lack thereof of services of any information or graphics contained or published on or through the aforementioned site.
3. The updating or failure to update the
4. The alteration or modification, in whole or in part, of the information after it has been included in said site.
5. Any other aspect or characteristic of the information contained or published on the WEBSITE or through the links that may be included in this site.
6. The provision or lack of provision of other services, all of the above assumptions will be in force, even in cases where INTERACTIVE AQUARIUM has been notified or advised of the possibility of such

INTERACTIVE AQUARIUM may at any time and when it deems appropriate, without notice to the user, make corrections, additions, improvements or modifications to the content, presentation, information, services, areas, databases and other elements of the WEBSITE, without giving rise or right to any claim or compensation, nor that this implies recognition of any liability whatsoever in favor of the user.

INTERACTIVE AQUARIUM reserves the right to modify the Terms and Conditions of Use of this agreement at any time, such modifications to be effective immediately by means of:

1. Publication of the amended agreement on the website https://www.interactiveaquariumcancun.com/.
2. Notifying the user of such

Thus, the user agrees to review this agreement periodically in order to keep abreast of such modifications. Notwithstanding the foregoing, each time the user accesses the WEBSITE it will be considered as an absolute acceptance of the modifications of this agreement.

From time to time, INTERACTIVE AQUARIUM may add to the Terms and Conditions of Use of this agreement additional provisions relating to specific areas or new services to be provided in or through the WEBSITE (hereinafter "additional terms"), which will be published in the specific areas or new services of the site for your reading and acceptance. The user acknowledges and agrees that these additional terms are an integral part of this agreement for all legal purposes.

INTERACTIVE AQUARIUM may, at any time and when it deems appropriate, assign all or part of its rights and obligations under this agreement. By virtue of such assignment, INTERACTIVE AQUARIUM will be released from any obligation in favor of the user, established in this agreement.

User agrees to indemnify INTERACTIVE AQUARIUM, its affiliates, suppliers, vendors and consultants against any action, suit or claim (including attorneys' fees and court costs) arising out of any breach by User of this Agreement; including, without limitation, any arising out of:

1. Any aspect related to the use of the https://interactiveaquariumcancun.com/ website.
2. The information contained or made available on or through said site or any libel, defamation or any other conduct in violation of this agreement by the user in the use of the aforementioned web
3. The violation of applicable laws or international treaties relating to copyright or intellectual property, contained or available on or through said WEBSITE.

INTERACTIVE AQUARIUM reserves the right, at its sole discretion, and without notice to the user, to:

1. To terminate this agreement
2. Discontinue or cease publication of the website https://www.interactiveaquariumcancun.com/ definitely without any responsibility for INTERACTIVE AQUARIUM, its affiliates or

These Terms and Conditions of Use and the additional terms constitute the entire agreement between the parties and supersede any prior agreements or understandings. Any clause or provision of this agreement, as well as the additional terms, legally declared invalid, will be eliminated or modified at the option of INTERACTIVE AQUARIUM, in order to correct its defect or flaw. However, the rest of the clauses or provisions will maintain their force, binding and validity.

Inaction by INTERACTIVE AQUARIUM, its affiliates or suppliers to exercise any right or action under this agreement shall in no event be construed as a waiver of such rights or actions.

This agreement shall be subject to and construed in accordance with the laws and before the courts of the city of Cancun, Quintana Roo, Mexico.

Cancellation Policy: All cancellations are subject to an 8% charge of the total amount as a handling fee. Cancellations must be made up to 2 days prior to the tour date, Monday through Sunday from 8:00 AM to 8:00 PM EST. "No-shows" and/or last minute (same day) cancellations will be charged at the full amount.

No refunds can be made directly to your credit or debit card after the first 3 months from the date of purchase. To make a refund after 3 months from the

date of purchase, the customer's bank information will be requested in order to make the refund by bank transfer.

There are no refunds for reservations less than 2 days old. By accepting a change of date, the right of refund is lost. There are no refunds for the whale shark tour. It can only be rescheduled once.

Partial refunds: Our finance area is not enabled for partial refunds to foreign cards. The partial amount to be refunded can be allocated for the purchase of photos, souvenirs or electronic certificates. In case the amount exceeds $50 USD the refund can be made with a $30 USD charge to the customer for the international transfer.

Reservation changes: Changes can be made 24 hours prior to your swim with dolphins program based on availability and are valid for one year from the date of the first date change.

To make changes and cancellations:

• Send a message via chat or through our help center.
• Send an e-mail to infoaquarium@delphinus.com.mx
• Or contact Customer Service by telephone:
• Direct +52 (998) 500 2979 or WhatsApp +52 (998) 240-1072
• Monday to Sunday - 8:00 AM to 8:00 PM EST

We accept credit card payments online through our secure connection, which is certified for online credit card settlement and charge processing. Credit cards will be charged immediately at the time of purchase. The credit card is charged for the total cost indicated at the time of purchase.

VERY IMPORTANT: If you are arriving at the site on your own, be on site at least 30-40 minutes BEFORE your scheduled program to check in and prepare for your swim.

ACCESS TO THE INTERACTIVE AQUARIUM: You must print and bring your coupon to the INTERACTIVE AQUARIUM location. Coupons cannot be exchanged or substituted with another person. Please note that when checking in at the entrance gate, you must present your voucher along with a valid photo ID (e.g., INE, driver's license or passport).

If you have further questions about your transportation service, please contact us at +52 (998) 206-3304 or +52 (998) 500-2979.

Presenting a photo ID and your order confirmation at the dolphinarium is REQUIRED.

For the safety of swimmers, dolphins and trainers, and in order to avoid distractions, it is not allowed to bring cameras or video cameras into the wet areas of the dolphinariums.

Last update: 28/02/2024