Terms of Use

FamilyFunInMexico.com and Aimfair.com - Terms of Use

• Payment Protection Policy – Under development
• Chargeback Policy – Under development

Welcome to Familyfuninmexico.com!

• We help travelers book vacation rental accommodations at Vidanta Nayarit in Nuevo Vallarta, Mexico and Vidanta Riviera Maya in Quintana Roo, Mexico (“Rental Properties”) through our website.
• Grupo Vidanta and its affiliates, a real estate developer and operator of resort properties located in Mexico and that are independent of FamilyFunInMexico.com, own the Rental Properties and issue rights to use facilities on the properties through contracts purchased by their members.
• We are not a travel agency and we do not provide or own travel services ourselves. When you inquire or book a vacation rental, you will be dealing directly with owners/managers, including the rental, refund, and cancellation policies of each owner/manager.
• We collect guest reviews from travelers who have stayed in vacation rentals. If you are submitting a review, we'll protect your privacy and we will have the right to publish and use your review.
• We protect our brand, content, website, and users. If you are trying to do something bad to us or our users, it's prohibited, and we limit our liability from and disclaim the bad things people may do.

1. Introduction
1. 1. FamilyFunInMexico.com and Aimfair.com are websites owned by and fictitious names of Telegraph Hill Energy, Inc. (together referred to as “THEI”) that provide online platforms along with various tools and services that enable members, reservation owners or managers (“Owners”) to list rental properties, enable travelers to book such properties, and enable both parties to communicate with each other (the “Services”). The details (each, “THEI”, “We”, “Our”, “Us”) are set out in Section 1.4 below.
2. 2. The Services are offered on websites and mobile sites, including but not limited to https://www.aimfair.com and https://www.familyfuninmexico.com and all applicable related domains (collectively, the “Site”).
3. 3. These Traveler Terms of Use, together with the Privacy Policy, govern the relationship between the applicable THEI and any party using or accessing the Site and any of the content or services available through it as a traveler or potential traveler, and who is not using it in their capacity as an Owner (“Traveler,” “You,” “Your”).
4. 4. Telegraph Hill Energy, Inc. is a California corporation whose address is 23 Railroad Ave., #134, Danville, CA 94526.
5. 5. You accept that the provision of the Services can only be by THEI. The Site processing your payment will be identified on: (a) the Site on which you input your payment details; (b) the email you receive confirming your Booking; and (c) your credit card, debit card, or other payment statement containing the charge for the Booking.
6. 6. These Traveler Terms of Use constitute a legally binding agreement between You and THEI. By using or accessing the Site or the Services, You acknowledge that You agree to and are subject to the Traveler Terms of Use and the Privacy Policy. You may not use the Site if You do not agree to the Traveler Terms of Use.
7. 7. You warrant that You will not use the Site unless You are capable of entering into a legally binding contract.
8. 8. We may update or replace these Traveler Terms of Use without prior notice to You and at Our sole discretion at any time by posting a new version to the Site. Your continued access or use of the Site indicates Your acceptance of the current published version of the Traveler Terms of Use.
9. 2. The Essentials
10. 1. The Site is a place where Travelers can view information (including images, text, and other content) relating to listings of reservations offered for rent (“Properties” and “Property Listings,” as applicable) by Owners. We may also facilitate online bookings and/or other tools or services to allow Owners and Travelers to communicate directly with each other and to enter into rental agreements (“Rental Agreements”) directly with each other.
11. 2. The Site is a venue only for the purposes of facilitating interactions and rental transactions between Owners and Travelers. THEI issues Rental Agreements on behalf of Owners as a Manager. However, THEI is not, and does not become, a party to any contractual relationship between the Traveler and the Owner.
12. 3. You are responsible for, and agree to comply with, all laws, rules, and regulations applicable to Your use of the Site and Services, any transaction You enter into on the Site, or in connection with Your use of the Site. You agree and acknowledge that each Owner is solely responsible for, and agree to comply with, all laws, rules, and regulations applicable to its Property Listing and rental of its Property, and the conduct of its rental property business, including obtaining all necessary rights, licenses, and authorizations.
13. 4. The Site includes Property Listings provided by Owners and content from other third parties (the “Third-Party Content”). Such Third-Party Content is the responsibility of the Owners or third-party creators of the Third-Party Content, as applicable. We have no responsibility for the Third-Party Content as We are merely providing access to the Third-Party Content as a service to You and providing You with the means of communicating directly with the Owner to inquire about a Property and make bookings with the Owner for the rental of the Property (a “Booking”). All Bookings You make are made directly with the Owner. We prepare Your Rental Agreement for such Bookings as a facilitator for the Owner. Each Rental Agreement will state the terms of Your right to occupy and use the Property. None of the Sites or THEI is a party to any Transferal Agreement, and none of the Sites or THEI has any liability to You for the Owner’s provision of the Property. We do not endorse, support, represent, or guarantee the truthfulness, accuracy, or reliability of any information in the Property Listings on the Site or any opinions or other material posted on the Site by third parties.
14. 5. We list Rental Properties owned by Grupo Vidanta and located in Mexico. We have not inspected the Rental Properties listed on the Site to be able to guarantee that Owners on the Site will adhere to the rules we impose upon them. As such, any given Owner’s use of the Site does not constitute Our endorsement of that Rental Property or that Owner.
15. 3. Property Listings and Interaction with Owners
16. 1. You acknowledge and agree that Owners are solely responsible for their Property Listings and for updating them.
17. 2. You may send any contact details within the content of any messages as communication between both the Owner and Traveler.
18. 3. Notwithstanding the provision of direct communication tools to Owners and Travelers, THEI shall have no responsibility for, or otherwise any involvement in, the communications between Owners and Travelers.
19. 4. Rights and obligations of THEI
20. 1. You acknowledge that Owners and not THEI are responsible for the accuracy with which photographs and descriptions depict Property Listings on the Site.
21. 2. We cannot and do not assume any responsibility for the verification of any Owner’s or Traveler’s identity. We encourage Travelers and Owners to communicate directly with each other using the tools available on the Site, though even this does not assure You of the identity of the person with whom You are communicating. We encourage Travelers to take other reasonable measures to assure themselves of the applicable Owner’s identity and of the Property and relevant details or their Booking or proposed Booking. Our communication tools and, where applicable, Payment Platform are key tools that We offer You to protect Your safety online. Where You do not use the tools We provide, You are responsible should anything go wrong. In particular, You warrant that You will never pay any Owner by wire transfer, and We encourage You to report to Us any Owner who requests that You do so.
22. 3. If You create an account with Us, You agree to (i) keep Your password and online ID for both Your account and any personal email account associated with Your account secure and strictly confidential, and (ii) notify Us immediately and select a new online ID and password if You believe Your password for either Your account with Us or Your email account may have become known to an unauthorized person, and (iii) notify Us immediately if You are contacted by anyone requesting Your online ID and password. We discourage You from giving anyone access to Your online ID and password for Your account with Us and Your email account. However, if You do give someone Your online ID and/or password, or if You fail to adequately safeguard such information, You are responsible for any and all transactions that the person performs while using Your account with Us or Your email account, even those transactions that may be fraudulent or that You did not intend or want performed.
23. 4. YOU ACKNOWLEDGE AND AGREE THAT: (1) NO THEI NOR ANY SUBSIDIARY OR AFFILIATE THEREOF (“THEI AFFILIATES”) WILL HAVE ANY LIABILITY TO ANY TRAVELER FOR ANY UNAUTHORIZED TRANSACTION MADE USING ANY TRAVELER’S PASSWORD AND/OR ONLINE ID; AND (2) THE UNAUTHORIZED USE OF YOUR ONLINE ID AND PASSWORD FOR YOUR ACCOUNT OR YOUR EMAIL ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO BOTH THE THEI COMPANIES AND OTHER TRAVELERS. Further, We may, without notice to You, suspend or cancel Your account at any time even without receiving notice from You if We suspect, in Our sole discretion, that Your account with Us or Your email account is being used in an unauthorized or fraudulent manner.
24. 5. No Site is responsible for checking the identity, or for the behavior, of Owners, or for establishing the nature, condition, or existence of a Property. We do not own, inspect, or provide any content to describe the Properties on the Site, and We make no claims as to the quality, safety, or legality of any of such Properties.
25. 5. Intellectual Property
26. 1. All copyright, database rights, trademarks, and design rights in the Site and in the material published on it belong to Us, Our licensors, or the Owners. You may download and print material from the Site solely for the purposes of keeping a record of Your Booking and the Property booked. You may not otherwise copy, transmit, modify, republish, save, pass off, or link to any content or material on the Site without Our prior written consent.
27. 2. Where You submit content to the Site by electronic mail, postings on the Site, or otherwise, including any reviews, questions, comments, suggestions, ideas, or the like contained in any submissions (“Submissions”), You warrant that You have the legal right to do so. To the extent that Submissions may contain trademarks or other proprietary names or marks, You warrant that You have the right to use such names or marks.
28. 3. In accordance with the USA’s Digital Millennium Copyright Act ("DMCA") and other applicable law, We have adopted a policy of terminating, in appropriate circumstances and at Our sole discretion, Travelers’ access to the Site who are deemed to be repeat infringers. We may also, at Our sole discretion, limit access to the Site and/or terminate the accounts of any Travelers who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
29. 6. Messages and Submissions
30. 1. You may only send messages through the Site if they relate to genuine Booking inquiries. The sending of spam or unsolicited electronic communications of any kind is strictly prohibited.
31. 2. You may post Submissions on the Site. The Site Companies do not verify the accuracy of Submissions or of Owner responses to such Submissions.
32. 3. Owners who accept Bookings made through the Site may submit a review to Us after completion of Your stay at their Property. You agree and accept that any such review that pertains to You and/or Your Booking may be shared by Us in the future with Owners of Properties in respect of which You express an interest, and/or otherwise with other users of the Site.
33. 4. The Sites require all Submissions (including reviews referred to in Section 6.3) to comply with the Site’s Vacation Rental review guidelines and general review guidelines, and may decline to post or share any (or remove any that have been posted) that We find do not comply.
34. 5. If You provide Us with Submissions, You grant each Site and THEI a non-exclusive, royalty-free, perpetual, transferable, irrevocable, and fully sub-licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that You submit in connection with such Submission. You acknowledge that We may choose to provide attribution of Your Submissions (for example, listing Your name and hometown on a Property review that You submit) at Our discretion, and that we may share such Submissions with Our business partners. You further grant Us the right to pursue at law any person or entity that violates Your or Our rights in the Submissions by a breach of these Traveler Terms of Use. You acknowledge and agree that Submissions are non-confidential. We take no responsibility and assume no liability for any Submissions that You or an Owner post or submit. We have no obligation to post or share any Submissions we receive. We reserve the right in Our absolute discretion to determine which comments are published on the Site and/or are shared with other parties. If You do not agree to these terms and conditions, You may not provide Us with any Submissions.
35. 6. You are fully responsible for the content of Your Submissions (specifically including, but not limited to, reviews posted to the Site). You are prohibited from uploading, posting, transmitting or otherwise publishing to or from the Site any of the following:
  1. a. Any message, data, information, text, music, sound, photos, graphics, code, or other material ("User Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable;
  2. b. User Content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
  3. c. User Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
  4. d. User Content that impersonates any person or entity or otherwise misrepresents Your affiliation with a person or entity;
  5. e. Unsolicited promotions, political campaigning, advertising, or solicitations;
  6. f. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and payment card numbers;
  7. g. Viruses, corrupted data, or other harmful, disruptive, or destructive files; or
  8. h. User Content that, in Our sole judgment, is objectionable or that restricts or inhibits any other person from using or enjoying the Site, or that may expose Us or Our users to any harm or liability of any type.
36. 7. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from Your posting of Submissions to the Site. You acknowledge that We may exercise Our respective rights (e.g. use, publish, delete, edit, and modify) to any Submissions You provide to Us without notice to You.
37. 8. We take no responsibility and assume no liability for Submissions that You or any third-party post, store, or upload, or for any loss or damage thereto, nor are We liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity You may encounter. As a provider of interactive services, We are not liable for any statements, representations, or other content Our users provide in any public forum. We have no obligation to screen, edit, or monitor any of the content posted to or distributed by users, however, We reserve the right, and have absolute discretion, to remove, screen, or edit without notice any content posted or stored on the Site at any time and for any reason.
38. 9. If it is determined that You retain moral rights (including rights of attribution or integrity) in the Submissions, You hereby declare that (i) You do not require that any personally identifying information be used in connection with the Submissions, or any derivative works of or upgrades or updates thereto; (ii) You have no objection to the publication, use, modification, deletion, and exploitation of the Submissions by Us or Our licensees, successors, and assigns; (iii) You forever waive and agree not to claim or assert entitlement to any moral rights of an author in any of the Submissions; and (iv) You forever release Us, and Our licensees, successors, and assigns, from any claims that You could otherwise assert against Us by virtue of any such moral rights.
39. 7. Post Listings function
40. 1. “Post Listings” is a feature that permits Owners to edit Listings online. The aspects of a Listing that the Owner and Traveler may agree to change using the Post Listings feature may include, without limitation, dates for check-in or check-out, number of Travelers, rental costs and fees. For the avoidance of doubt, unless otherwise expressly agreed by Us, use of the “Post Listings” function is the only means by which the Owner and Traveler are permitted to modify a Booking or any element thereof. Any other agreement, or attempt to agree, to a modification of a Booking shall constitute a breach of these Traveler Terms of Use.
41. 2. To edit a Booking, the Owner clicks the "Post Listings" link on the Personal Preferences page of “My Account”. The change shall appear on the Owner’s Listing.
42. 3. We reserve the right to delete any pending edit requests the Owner submits without notice to the Owner or Traveler. After a Booking is edited, We reserve the right to revert the Booking to its initial state after informing both parties.
43. 8. Payments
44. 1. We may provide an online Payment Platform, giving You the ability to make online payments to Owners via PayPal, credit card, debit card, or other payment options We may make available from time to time (the “Payment Platform”). If You make a payment using an account or a card that is in the name of a third party, You shall remain bound by these Terms of Use, and the third party account—or cardholder shall not obtain any rights hereunder. We may change or withdraw such Payment Platform at any time without notice and at Our sole discretion. If You are directed to a third-party payment processor or payment provider such as PayPal, You may be subject to terms and conditions governing use of that third party's service, including applicable fees, as well as that third party's personal information collection practices. Please review such terms and conditions and Privacy Policy before using the services.
45. 2. If an Owner has enabled online Booking with respect to their Property Listing, it is mandatory for You and the Owner to use solely the Payment Platform to make and accept payments for the Booking. You will be in breach of these Traveler Terms of Use if You do not use solely the Payment Platform when the Owner with whom You are transacting has enabled online Booking with respect to their Property Listing. Furthermore, whether or not the Owner has enabled online Booking with respect to their Property Listing, payment for a Booking by wire transfer is strictly prohibited and You will be in breach of these Traveler Terms of Use if You pay for any or all of a Booking by wire transfer.
46. 3. If You make a Booking using the Payment Platform, You agree to the terms of the Rental Agreement with the Owner (which includes the Owner’s cancellation policy published on the Property Listing), these Traveler Terms of Use (incorporating the Chargeback Policy set out in Section 9), and the Privacy Policy. If You make a payment through the Payment Platform and You later dispute this legitimate charge contrary to Our Chargeback Policy, We shall take steps to claim any fraudulently recovered charges from You. Please read Our Chargeback Policy in full at Section 9 of these Traveler Terms of Use.
47. 4. Although We may provide the Payment Platform to enable payments, We are not responsible for the payment solutions themselves. In particular, We are not responsible for any decision taken by PayPal or any other payment provider to decline Your payment, based on its risk assessment of You or that transaction. You shall not hold Us liable for any losses You suffer as a result of making a payment to an Owner, whether via the Payment Platform or any other payment method. If You need customer support in relation to an online payment, You should contact PayPal or Your bank or payment card provider, as applicable.
48. 5. You acknowledge and agree that We are not a party to the Rental Agreement between you and the Owner. Notwithstanding that fact, We act as the Owner's payment collection agent for the limited purpose of accepting payments from You on behalf of the Owner. Upon receipt of Your payment to Us on behalf of the Owner, Your payment obligation to the Owner for the Booking is extinguished and We are responsible for arranging remittance of the payment (less the booking fee and any other applicable fees or taxes) to the Owner, in the manner described in these Traveler Terms of Use. In the event that We do not arrange remittance of any such amounts as described in these Traveler Terms of Use, the Owner will have recourse only against Us.
49. 6. In connection with a Booking, You will be asked to provide customary billing information such as name, billing address, and payment method information to either Us or one of our third-party payment providers. You agree to pay to Us, on behalf of the Owner, the amount of any confirmed Bookings in accordance with these Traveler Terms of Use by one of the methods supported by the Payment Platform (e.g., by PayPal, credit card, or debit card). You hereby authorize the collection of such amounts by charging the payment method provided as part of requesting the Booking, either directly by Us or indirectly, via one of our third-party online payment providers. You also authorize Us to charge any payment method on file in the event of damage caused at Property.
50. 7. You authorize Us to store your payment method information and charge your payment method as outlined in these Traveler Terms of Use. If your payment method's account information changes (e.g. account number, routing number, expiration date), we may acquire that information from your bank.
51. 8. Receipts. Once the payment transaction for your requested Booking is successfully completed, you will receive a confirmation email summarizing your confirmed Booking.
52. 9. If We are unable to collect any amounts you owe for a confirmed Booking or damages claim, We may engage in collection efforts to recover such amounts from You. You hereby explicitly agree that all communication in relation to amounts owed will be made by electronic mail or by phone, as provided to Us by you. Such communication may be made by Us or by anyone on Our behalf, including but not limited to, a third-party collection agent.
53. 10. Security Deposits. Owners may choose to include security or damage deposits in their Property Listings ("Security Deposits"). Each Property Listing will describe whether a Security Deposit is required for the applicable Property Listing. If a Security Deposit is included in a Property Listing for a confirmed Booking, and the Payment Platform is being used for the transaction, We, as the Owner’s payment collection agent, may request a pre-authorization of Your payment card and hold such amount as the Owner determines for the Security Deposit prior to Your check-in at the applicable Property, and/or We may charge Your payment card in the event of damage caused at a Property pursuant to the terms of the Rental Agreement and the Security Deposit. Security Deposits, if required by an Owner, may be applied to any fees due from You overstaying at a Booking without the Owner's consent.
54. 11. Overstaying Without the Owner’s Consent. You agree that a confirmed Booking is merely a license granted by the Owner to You to enter and use the Property for the limited duration of the confirmed Booking and in accordance with Your agreement with the Owner. You further agree to leave the Property no later than the checkout time that the Owner specifies in the Property Listing or such other time as mutually agreed upon between You and the Owner. If You stay past the agreed upon checkout time without the Owner's consent, You no longer have a license to stay in the Property and the Owner is entitled to make You leave. In addition, You agree that the Owner can charge You, for each 24-hour period that You stay over the agreed period without the Owner's consent, an additional nightly fee of two times the average nightly rate that You originally paid in order to stay in the Property to cover the inconvenience suffered by the Owner, plus all applicable fees, taxes, and any legal expenses incurred by the Owner to make You leave. You also authorize Us to charge any payment method You have on file in the event that you overstay your Booking and are being charged accordingly under this Section 8.11.
55. 12. Scheduled Payments. Owners may ask You to make scheduled, partial payments toward the total amount owed for a confirmed rental of the applicable Property (collectively, "Scheduled Payments"). If Scheduled Payments apply to Your payment obligations, You authorize Us to charge Your payment card for the total amount owed for the confirmed Property rental, based on the schedule and amounts noted in the Booking Request or in other communications. You may stop payment of a Scheduled Payment by notifying Us orally or in writing at least three (3) business days before the scheduled date of the payment. We may require you to give written confirmation of a stop-payment order within fourteen (14) days of an oral notification. If you fail to provide written confirmation within fourteen (14) days as requested, We are not obligated to honor your request to stop any future Scheduled Payments. If you have any questions regarding your Scheduled Payments, please contact us.
56. 13. Cancellations and Refunds. If You wish to cancel a confirmed Booking made via the Site, the Owner’s cancellation policy contained in the applicable Property Listing will apply to, and govern the terms of, Your cancellation and any refunds. To affect a cancellation, You are required to visit the “Manage Your Booking” section of the Site and follow the instructions. Upon cancellation, We will cancel any pre-authorization of Your payment card and/or arrange refund of any nominal amounts charged in connection with the requested Booking within a commercially reasonable time. If an Owner cancels a confirmed Booking made via the Site prior to the check-in date, We will arrange refund of the total fee for such Booking to You within a commercially reasonable time of the cancellation. Notwithstanding the terms of any cancellation policy, in the event that You cancel a Booking within 24 hours of (a) the Owner’s acceptance of the Booking (in the case of a Booking request), (b) Your Booking being made (in the case of the Booking of an Instant Book Property), or (c) Your first payment (in the case of a quote), and the stay is scheduled to commence at least 60 days after the date of acceptance or payment, as applicable, You shall receive a 100% refund for the cancelled Booking.
57. 14. You agree to indemnify and keep Us indemnified from and against any and all claims, actions, proceedings, damages, losses, liabilities, and expenses (including legal fees) that we suffer or incur arising out of or in connection with Your use of the Payment Platform to make payments to Owners, in particular any claims from Owners, PayPal, or other payment solution providers resulting from Your actions or omissions.
58. 9. Chargeback Policy
59. 1. If You make a Booking using the Payment Platform, You agree to the terms of the Rental Agreement with the Owner (which includes the Owner’s cancellation policy published on the listing) and these Traveler Terms of Use which incorporate this Chargeback Policy.
60. 2. Chargebacks occur when Your payment card provider makes a demand to the applicable THEI to return monies on a transaction which You claim is fraudulent or otherwise dispute.
61. 3. We recognize that chargebacks can happen for a variety of valid reasons. However, if You make a payment-card payment through the THEI in respect of a Booking, and You later dispute this legitimate charge by raising a chargeback without merit (as determined at Our sole discretion), whether fraudulently or otherwise, then We may take steps to recover any charges resulting from such an unmerited chargeback from You directly.
62. 4. Unmerited chargebacks include but are not limited to: disputing a charge made in accordance with the Owner’s cancellation policy; disputing a charge made in respect of the property rental in which You fail to make reasonable efforts to work with the Owner or Us to resolve any issues; disputing a charge made in respect of a Booking which was modified by You and the Owner in breach of these Traveler Terms of Use; or requesting a chargeback without a legitimate reason and/or failing to provide any supporting information in respect of the chargeback to allow those parties from which the chargeback is requested to assess the basis of the chargeback request.
63. 5. We take a zero-tolerance approach to chargeback fraud. Further, in the event of any unmerited chargeback request, We reserve the right to recover monies by any legitimate means available to Us, including using a third-party debt collection agency or any other lawful means to recover funds successfully charged back to You in such circumstances.
64. 10. Payment Protection Policy
65. 1. We provide the Payment Protection Policy (the “Policy”) to Travelers who pay online using our Payment Platform for rental of Properties. If you do not agree to the terms and conditions of the Policy, then you have no right to obtain reimbursement or claim any other rights under the Policy. We may revise this Policy at any time and at our sole discretion by amending the applicable web page on the Website or by publishing notices elsewhere on the Website.
66. 2. To qualify for reimbursement under this Policy, You must ensure that:
  1. a. Your claim falls within one or more of the Covered Circumstances (as defined below);
  2. b. You paid for the rental on the Site’s Payment Platform alone;
  3. c. You took all what we consider to be the appropriate steps to resolve the issue with the Owner;
  4. d. You are the person who made the Booking; and
  5. e. You comply with all other requirements under the Policy.
67. 3. The maximum amount in aggregate that We will reimburse You under this Policy (the “Coverage Limit”) is the lower of:
  1. a. the total amount You paid through the Payment Platform for the rental (the “Qualifying Payment”); and
  2. b. USD$10,000/£7,000/€7,000 (depending on the currency in which You paid).
68. 4. You cannot qualify for reimbursement under the Policy if You have requested a chargeback from Your payment card company, or You have opened a dispute with PayPal in relation to part or all of Your Qualifying Payment. If We have disbursed Your payment before You make a claim, then You will need to provide Us with evidence that You have attempted to claim reimbursement from the Owner, Your bank, or payment card issuer, as applicable.
69. 5. We will reimburse You for Your losses up to the Coverage Limit, provided that You meet the claim requirements described above, and one or more of the following “Covered Circumstances” applies:
  1. a. Fraudulent Advertisement: the Owner does not own or manage the Property, or is not the authorized agent of the Property’s owner, or the Property is not legally permitted to be rented.
  2. b. Compromised Owner: the personal email address of the Owner or the Owner’s account with Us has been compromised by a fraudulent individual purporting to be the true Owner to induce You to pay.
  3. c. Inaccessible Property: You have paid for the Property in compliance with the Rental Agreement, and You have complied with the Owner’s terms and conditions, but You have been denied entry to the Property as a result of intentional and wrongful conduct of the Owner (which is deemed to include as a result of the Owner’s bankruptcy, insolvency, or fraudulent activity), or the Property is not in fact for rent. You will not be covered for any delay in accessing the Property during the rental period. You must notify Us of this condition no later than the first day of Your expected rental period.
  4. d. Misrepresented Property: the Property has Material Differences or Defects (as defined in Section 10.6) compared with the advertised Property, and: (i) You are unable to rent the Property as intended; (ii) You describe and provide photographic evidence of the Material Differences or Defects; and (iii) You notify the Owner and Us of this condition no later than the first day of Your rental period.
70. 6. The meaning of “Material Differences or Defects” shall be determined at Our sole discretion and, among other exceptions, it shall not cover cleanliness of the Property; minor differences in the location of the Property advertised and the actual location of the Property; the presence or availability of local attractions; or maintenance issues with amenities or services.
71. 7. We will not provide any reimbursement for loss of funds due to circumstances that are not included in the Covered Circumstances. For clarification, We will not cover losses in any of the following circumstances (which is not an exhaustive list):
  1. a. Any indirect losses; losses associated with travel arrangements, such as airfare or other transportation costs; opportunity losses; contractual losses; consequential losses; losses due to the weather or natural disasters; any losses other than the Qualifying Payment (subject to the Coverage Limit).
  2. b. If We or the Owner offer You alternative accommodation in lieu of the Property, and You accept the alternative accommodation (which will be inferred if You stay at least one night at such alternative accommodation), You will not be able to claim, in respect of any sums paid, for the original Property.
  3. c. Any damage deposits or other funds paid to the Owner using the Platform that are not returned due to damage or non-compliance with the Owner’s Rental Agreement and/or cancellation policy.
  4. d. Any payments made in cash, by check, or wire transfer, or using any other type of payment service other than via the Payment Platform.
  5. e. If You have a close personal connection with the Owner, for example, You are friends or members of the same family.
  6. f. Payments You make after We notify You that the Property listing is being used to commit fraud or has been removed from the Website.
  7. g. In relation to a Property with Material Differences or Defects, where You fail to notify Us no later than the first day of Your rental period and You do not vacate the Property by midnight local time on the day of check-in.
72. 8. To make a claim under the Policy, You must take the following steps within the time periods described in Section 10.8 a) – d).
  1. a. Inform Us of the problem no later than the first day of Your rental period by telephone. The telephone number is: 408-391-6630.
  2. b. Send a completed Claim Form to Us with proof of identification and a detailed description of the circumstances surrounding Your claim so that We receive it within 14 days of the first day of Your rental period.
  3. c. Submit the Claim Form via email to fun@familyfuninmexico.com. Alternatively, You can print the form and submit the form by post. Please telephone or email Us to request the applicable address for submission.
  4. d. If the issue is due to fraudulent activity, You must obtain a police crime reference number/case number in relation to such issue and print it on the Claim Form. Details of how to obtain a crime reference number/case number are included on the Claim Form.
73. 9. We shall complete the reimbursement claim process in a reasonable time frame (generally within four weeks) and will keep You informed of any decisions or additional documentation required to process Your claim.
74. 10. At Our sole discretion, We shall make all decisions regarding claim and documentation requirements and eligibility under the Policy. Our decisions shall be final and binding on You.
75. 11. Indemnification
76. 1. You agree to defend, indemnify, and hold harmless THEI, and each of their officers, directors, employees, and agents against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties, or other costs or expenses of any kind or nature, including but not limited to reasonable legal and accounting fees, brought or occasioned by third parties alleging, arising out of, or in connection with: (a) any Submissions; (b) Your use of any Third-Party Content or the Site; (c) Your breach of these Traveler Terms of Use or the documents referenced herein; (d) Your violation of any law or the rights of a third party; or (e) Your use of any Property.
77. 12. Prohibited Activities
78. 1. You agree that You shall not, either directly or indirectly:
  1. a. use the Site or its contents for any commercial purpose or any purpose not permitted by these Traveler Terms of Use;
  2. b. make, or use the Site to make, any speculative, false, or fraudulent booking, booking request, or any booking in anticipation of demand;
  3. c. use the Site or the Services for the purpose of Booking or soliciting a rental for a property other than a Property under a valid Property Listing;
  4. d. access, monitor, reproduce, upload, republish, distribute, transmit, display, or copy any content or information of this Site using any robot, spider, scraper, or other automated means or any manual process for any purpose without Our express written permission;
  5. e. violate the restrictions in any robot exclusion headers on the Site or bypass or circumvent other measures employed to prevent or limit access to the Site;
  6. f. take any action that imposes, or may impose, at Our discretion, an unreasonable or disproportionately large load on Our infrastructure, or adversely affects the performance of the Site, or infringes on Our copyright or the copyright of Our suppliers;
  7. g. deep-link to any portion of the Site (including, without limitation, the purchase path for any travel services) for any purpose without Our express written permission;
  8. h. "frame", "mirror", or otherwise incorporate any part of the Site into any other website without Our prior written authorisation;
  9. i. take any action that may undermine the feedback or ratings systems, including posting false, inaccurate, or misleading feedback, ratings, and reviews;
  10. j. sell, offer for sale, transfer, or license any portion of the Site in any form to any third parties;
  11. k. post or transmit any false, inaccurate, misleading, unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic, or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law; or for any other purpose that is unlawful or prohibited by these Traveler Terms of Use; or
  12. l. refer to any THEI or any member of the THEI group in a way that might lead someone to believe that the Traveler or any website or organization is sponsored by, affiliated with, or endorsed by a THEI or any member of the THEI group.
  13. 13. Liability of the THEI Companies
79. 1. The Site is merely a venue allowing Travelers to view Properties that are the subject of Property Listings, to communicate with Owners in respect of any queries or questions, and/or to facilitate the conclusion of a Rental Agreement for the rental of a Property. We accept no liability in relation to any contract You enter into with an Owner or for any Property You book, and nor do We accept any liability for the acts or omissions of any Owners or any other persons or parties connected with a Property. In respect of all Properties, the Traveler’s contract will be with the Owner and the Owner’s terms and conditions (the Rental Agreement) will apply to the Booking.
80. 2. While We require Owners to advertise Properties truthfully, fairly, and accurately, and We take reasonable steps to remove Property Listings from the Site following complaints from Travelers or another third party, We have no control over the accuracy of any Property Listing or the capacity of any Owner to make a Booking with a Traveler. As such, We disclaim all liability and responsibility for any loss or damage (including personal injury) suffered or incurred by You or another party arising from:

1. i. any reliance by any user of the Site, or by any person who may be informed of any of its contents, placed on any Property Listing, commentary and/or other materials posted on the site by Owners, or any error or mistake or inaccuracy contained in any statement, description, representation, or other communication made about or in connection with a Property Listing, including that which relates to availability or price;
2. ii. any act or omission of an Owner or any failure of an Owner to perform or comply with any of the terms of the Rental Agreement, including a failure to provide the Property on the requested date or at all (whether due to a double-booking or otherwise), or a failure to provide the Property in the condition or with the amenities that such Property was advertised on the Site;
3. iii. any loss of or damage to personal possessions at a Property; or
4. iv. any incident or occurrence which takes place at a Property.
3. We may decide, at Our sole discretion, that it is necessary or desirable for the protection of Our interests, the Owner’s interests, and/or Your interests, to withdraw Our booking facilitation services resulting in an override of Your cancellation policy and the effective cancellation of a Booking. We may also determine, at Our sole discretion, to arrange a refund to You part or all of the amounts charged to You. You agree that the THEI Companies and the applicable Owner shall have no liability for such cancellations or refunds.
4. Although We will do Our best to prevent intentional misuse of the Site, and/or the dissemination of harmful programs via the Site, We will not be liable for any loss or damage caused by any intentional misuse of the Site (including but not limited to fraud by third parties), or the distribution of viruses or other technologically harmful material that may infect Your computer equipment, computer programs, data, or other proprietary material due to Your use of the Site.
5. We do not provide insurance coverage for Travelers or for Owners. We recommend that Travelers obtain suitable travel insurance to cover their Booking, including in the event of cancellation. It is Your responsibility to ensure that the insurance You purchase is adequate and appropriate for Your needs.
6. In no event will any THEI or THEI Affiliate, or any officers, directors, consultants, agents, and/or employees thereof, or any third-party provider of a tool offered on any Site be liable for any lost profits or any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from the Site or Our platform or systems, any Third-Party Content or User Content or Submissions, and Your use of the Site and/or any transaction between Owners and Travelers, even if We have been advised of the possibility of such damages. These limitations and exclusions apply without regard to whether the damages arise from breach of contract, negligence, or any other cause of action. If You are dissatisfied with the Site (or Our platform or systems), or You do not agree with any part of these Traveler Terms of Use, then Your sole and exclusive remedy against Us is to discontinue using the Site. Nothing in these Traveler Terms of Use shall exclude or restrict Our liability for death or personal injury resulting from Our negligence; nor for Our fraud or fraudulent misrepresentation.
7. THE THEI COMPANIES AND THE THEI AFFILIATES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THE SITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THE SITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY THE THEI COMPANIES OR THE THEI AFFILIATES. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE THEI COMPANIES AND THE THEI AFFILIATES DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THE SITE, ITS SERVERS, OR ANY EMAIL SENT FROM THE THEI COMPANIES AND/OR THE THEI AFFILIATES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE THEI COMPANIES AND THE THEI AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
8. THE OWNERS PROVIDING VACATION RENTAL PROPERTY INFORMATION, TRAVEL, OR OTHER SERVICES ON THE SITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE THEI COMPANIES OR THE THEI AFFILIATES. THE THEI COMPANIES AND THE THEI AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES, OR NEGLIGENCE OF ANY SUCH OWNERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. THE THEI COMPANIES AND THE THEI AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE, OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING, OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
9. IN NO EVENT SHALL THE THEI COMPANIES OR THE THEI AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF, OR USE OF THE SITE, OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY, OR USE THE SITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON SUBMISSIONS APPEARING ON THE SITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THE SITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF, OR USE OF THE SITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF THE THEI COMPANIES OR THE THEI AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. YOU HEREBY AGREE TO RELEASE, REMISE, AND FOREVER DISCHARGE THE THEI COMPANIES AND THE THEI AFFILIATES AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABLITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SITE.
11. If, despite the limitation above, the THEI Companies or the THEI Affiliates are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of the THEI Companies or the THEI Affiliates will in no event exceed the amount of the booking fees assessed in respect of Your transaction(s) made on the Site that gave rise to such liability.
12. This does not affect Our liability for any liability that cannot be excluded or limited under applicable law.
14. Communications with us
1. Save for claims under the Policy (see Section 10 above), legal notices, and copyright complaints (see Sections 14.2 and 14.3 below), communications with Us must be sent to the applicable THEI as follows: infoaboutus@aimfair.com

2. For the avoidance of doubt, and notwithstanding Section 14.1, You agree that the THEI Companies only accept legal service at their respective postal addresses, as set out at Section 1.4.
3. If You believe in good faith that materials hosted on the Site infringe Your copyright, please provide the written information requested below. The procedure outlined below is exclusively for notifying Us that Your copyrighted material has been infringed.

Please provide the following information in the following format (including section numbers):

1. 0. A clear identification of the copyrighted work You claim was infringed.
2. 1. A clear identification of the material You claim is infringing the copyrighted work, and information that will allow Us to locate that material on the Site, such as a link to the infringing material;
3. 2. Your contact information so that We can reply to Your complaint, preferably including an email address and telephone number;
4. 3. Include the following statement: "I have a good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.
5. 4. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed”.
6. 5. The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices of claims of copyright infringement on the Site should be emailed or mailed to Our copyright agent:

1. • THEI., Attn: Legal Department, 23 Railroad Ave., #134, Danville, CA 94526
2. • Phone Number: 925-227-9597 (US)

We suggest that You consult Your legal advisor before filing a notice or counter-notice. You may be liable for damages (including costs and attorney's fees) if You make a false claim of copyright infringement.

We will review and address all notices that comply with the requirements above.

4. We may send notices to You by using any of the contact details We hold about You, or by displaying such notices on the Site.
15. Miscellaneous
1. Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes are not updated every day. The currency information supplied by on the Site is believed to be accurate, but the THEI Companies do not warrant or guarantee such accuracy.
2. Travel to certain destinations may involve greater risk than others. We urge You to review travel prohibitions, warnings, announcements, and advice issued by government bodies prior to booking travel to international destinations. By publishing Property Listings pertaining to properties located in a particular destination, We do not represent or warrant that travel to such locations is advisable or without risk, and We are not liable for damages or losses that may result from such travel.
3. We will not be in breach of these Traveler Terms of Use, or otherwise liable for any failure or delay in performance arising from any circumstances beyond Our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion, natural disaster, accident, or acts of terrorism.
4. If a provision of these Traveler Terms of Use (or part of any provision) is found to be illegal, invalid, or unenforceable, the enforceability of any other part of these Traveler Terms of Use will not be affected.
5. Nothing contained in these Traveler Terms of Use limits Our right to comply with law enforcement or other governmental or legal requests, or requirements relating to Your use of the Site or information provided to or gathered by Us with respect to such use.
6. You accept that We act as the limited payment collection agent for the Owner solely for the facilitation of payments in relation to Booking transactions through the Site, and that otherwise no THEI is an agent of any Traveler or Owner.
7. You further agree that no joint venture, partnership, or employment relationship exists between You and any of the THEI Companies as a result of these Traveler Terms of Use or use of the Site.
8. Where the Site contains links to other websites and resources provided by third parties, these links are provided for Your information and convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from Your use of them. It is up to You to take precautions to ensure that whatever links You select or software You download (whether from the Site or other websites) is free of such items as viruses, worms, trojan horses, defects, and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
9. The governing law and jurisdiction applicable to these Traveler Terms of Use depend on the THEI with which You have contracted:

1. . The Traveler Terms of Use are governed by the laws of the State of California, and You submit to the exclusive jurisdiction of the courts of Contra Costa County, California, USA.

The foregoing shall not apply to the extent that applicable law in Your country of residence requires application of another law and/or jurisdiction and this cannot be excluded by contract.

10. If a Traveler enters into a dispute with an Owner in the EU, alternative methods for resolving that dispute are available online here: http://ec.europa.eu/consumers/odr/.
11. The original version of these Traveler Terms of Use was written in English before being translated into other languages as a courtesy. In the event of a dispute about the content or the interpretation of these Traveler Terms of Use, or in the case of inconsistency or difference between the English version and a translated version, the English language version to the extent permitted by law shall apply and prevail. The English version is available by changing Your language settings on the Site.

Last updated: July 23, 2019