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.delphinusworld.com/ (hereinafter the "WEBSITE"), property of Operadora Xuna, S.A. de C.V., hereinafter referred to as "DELPHINUS", 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 mere use of the WEBSITE grants the general public the condition of user (hereinafter referred to as the "user" or "users") and implies the full and unconditional acceptance of each and every one of the general and particular conditions included in these Terms and Conditions published by DELPHINUS at the very moment 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 DELPHINUS, considers it appropriate, being the sole responsibility of the user to ensure that he/she is aware of such modifications.

 

2. 2. Agreement

Membership agreement for the use of the Internet page https://www.delphinusworld.com/ (the "WEBSITE") entered into by DELPHINUS, on the one hand, and the user, on the other hand, 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

• a) By virtue of the execution of this agreement, "DELPHINUS" 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 who enters the WEBSITE and/or any of the sub-pages that display its content and/or any person of any nature who registers and/or uses any of the services offered through said page.

• b) 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.

• c) The reprinting, publication, distribution, assignment, sublicensing, sale, electronic reproduction or any other means, partial or total, of any information, document or graphic that appears on the WEBSITE or any use other than personal non-commercial use is expressly forbidden to the user, unless prior written authorization has been obtained from DELPHINUS. 

4. Rules for the use of the delphinusworld.com website

The user and DELPHINUS agree that the use of the WEBSITE shall be subject to the following rules:

Information contained in the WEBSITE. The user acknowledges and accepts that the information published or contained on the WEBSITE will be clearly identified in such a way that it can be recognized as coming from and having been generated by DELPHINUS or its suppliers.

1. However, the information, concepts and opinions published on said site do not necessarily reflect the position of DELPHINUS, its employees, officers, directors, shareholders, licensees, and licensees (hereinafter referred to as "affiliates"). For this reason, DELPHINUS is not responsible for any of the information, opinions and concepts issued in the referred website. In this case, the user is recommended to consult a specialist and/or professional in the matter. Likewise, DELPHINUS is not responsible for the information contained in the website, including the subpages, in the understanding that the use and monitoring of the same is at the user's own risk and responsibility.
2. DELPHINUS reserves the right to block access to or partially or totally remove any information, communication or material that in its sole judgment may be: i) abusive, defamatory or obscene; ii) fraudulent, contrived or misleading; iii) in violation of copyrights, trademarks, confidentiality, industrial secrets or any intellectual property right of a third party; iv) offensive or; v) that in any way contravenes the provisions of this agreement. If the user wishes to obtain further information on a specific subject provided by DELPHINUS or its suppliers, he/she should consult directly with each of them, as appropriate, and/or with a specialist in the matter.
3. The user acknowledges that DELPHINUS does not control or pre-censor the content available on the WEBSITE. For this reason, DELPHINUS assumes no responsibility for the content provided to such page by independent or non-DELPHINUS providers and has no editorial control over the content, information and/or material generated and/or provided by third parties. All opinions, advice, statements, services, offers, offers or other information or content expressed or made available to the public by third parties are those of their respective authors and DELPHINUS assumes no responsibility for them. Likewise, DELPHINUS does not guarantee the accuracy, truthfulness, comprehensiveness and/or usefulness of any content provided by such third parties. In addition, DELPHINUS is not responsible for and does not guarantee the accuracy, completeness, truthfulness and/or reliability of any opinion, information, advice or statement expressed by DELPHINUS through its web site and under no circumstances shall DELPHINUS be liable for any damage and/or harm, direct or indirect, caused by virtue of the user's reliance on information obtained through its WEBSITE. DELPHINUS reserves the right to delete or modify the content of this page which, in the sole opinion of DELPHINUS, does not comply with its standards or which may be contrary to current legislation and, therefore, shall not be liable for any failure or delay in removing such material.

MINORS. The WEBSITE is not directed to persons under 18 years of age, and DELPHINUS does not permit the use of the WEBSITE by such minors. By using the WEBSITE the user acknowledges and agrees that he/she is a person of legal age according to the jurisdiction of his/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 to DELPHINUS through the use of this WEBSITE.

 

5. Formats 

Users acknowledge that, by providing the personal information required in any of the services provided in this web site, they grant DELPHINUS the authorization indicated in article 109 of the Mexican Federal Copyright Law. In all cases, users will be responsible for the veracity of the information provided to DELPHINUS.

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

 

6. Copyright and industrial property rights

DELPHINUS, the delphinusworld.com website, its logos and all material appearing on the 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 copyrights on the content, organization, compilation, compilation, information, logos, photographs, images, programs, applications, and in general any information contained or published on the delphinusworld.com website are duly protected in favor of DELPHINUS, its affiliates, suppliers and/or their respective owners, in accordance with the 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 DELPHINUS any information, programs, applications, software or in general any material that requires licensing through the delphinusworld.com website, the user hereby grants DELPHINUS 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 also apply to any other information that the user sends or transmits to DELPHINUS, including, without limitation, ideas for renewing or improving the delphinusworld.com website), whether these have been included in any space on the aforementioned page 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 DELPHINUS, its affiliates or suppliers for any actual or potential infringement of any copyright or intellectual property right derived from the information, programs, applications, software, ideas and other material that the user sends to the website https://www.delphinusworld.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 are introduced in said site https://www.delphinusworld.com/ and/or any of its services violate their intellectual property rights, they should send a notification to the following address info@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 said rights.

Whatsapp/SMS Marketing: by registering, you agree to receive recurring automated personalized marketing and promotional text messages (e.g. booking reminder) from Delphinus to the mobile number used at registration. In the event that Delphinus needs to contact the user about their reservation, Delphinus will contact via SMS or WhatsApp. For all questions regarding the provided SMS messaging services and WhastApp notifications please refer to the Terms and Conditions on the following page: https://www.delphinusworld.com/sms-whatsapp-terms-and-conditions

 

7. Personal Data

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

 

8. Advertising material

The user acknowledges and agrees that DELPHINUS 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 delphinusworld.com website.

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.

 

9. Denial of warranty

The user agrees that 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. DELPHINUS 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.

DELPHINUS 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.

DELPHINUS 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:

•  a) The availability of use of the delphinusworld.com website.

•  b) The absence of viruses, bugs, bugs, disabling 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 such site.

• c) Notwithstanding the foregoing, DELPHINUS or its suppliers may update the content of the site on an ongoing basis, 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. 

 

10. Limitations of liability

To the fullest extent permitted by applicable law, DELPHINUS shall in no event be liable for any direct, special, incidental, indirect, or consequential damages in any way arising out of or relating to:

• a) The use or execution of the WEBSITE, with the delay or unavailability of use of DELPHINUS. 
• b) The provision or lack thereof of services of any information or graphics contained or published on or through the aforementioned site.
• c) The updating or failure to update the information. 
• d) The alteration or modification, in whole or in part, of the information after it has been included in said site.
• e) 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.
• f) The provision or lack of provision of the other services, all of the above assumptions will be in force, even in the cases in which DELPHINUS has been notified or warned about the possibility of such damages being caused.

11. Modifications to the website delphinusworld.com

DELPHINUS may at any time and whenever 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 this giving rise to any claim or compensation, nor does it imply recognition of any liability whatsoever in favor of the user.

 

12. Amendments to the agreement

DELPHINUS 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: 

• a) The publication on the delphinusworld.com website of the amended agreement.
• b) Notifying the user of such modifications.

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. 

 

13. Additional Terms

From time to time, DELPHINUS may add to the Terms and Conditions of Use of this agreement additional provisions relating to specific areas or new services to be provided on or through the WEBSITE (hereinafter "additional terms"), which will be published in the specific areas or new services of the WEBSITE 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.

 

14. Assignment of rights

DELPHINUS may, at any time and when it deems it convenient, totally or partially assign its rights and obligations derived from the present agreement. By virtue of such assignment, DELPHINUS shall be released from any obligation in favor of the user established in the present agreement. 

 

15. 8. Indemnification

User agrees to indemnify DELPHINUS, 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: 

• a) Any aspect relating to the use of the delphinusworld.com web site
• b) 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 page.
• c) The violation of applicable laws or international treaties relating to copyright or intellectual property, contained or available on or through said WEBSITE.

 

16. Termination

DELPHINUS reserves the right, at its sole discretion, and without notice or notification to the user, to:

• a) To terminate this agreement definitively.
• b) b) Discontinue or cease publication of the website https://www.delphinusworld.com/ without liability for DELPHINUS, its affiliates or suppliers. 

 

17. Subsistence

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 of the additional terms, legally declared invalid, will be eliminated or modified at the option of DELPHINUS, with the purpose of correcting its defect or flaw. However, the rest of the clauses or provisions will maintain their force, binding and validity.

 

18. No waiver of rights

Inaction by DELPHINUS, its affiliates or suppliers to exercise any right or remedy under this agreement shall in no way be construed as a waiver of such rights or remedies. 

 

19. Applicable Law and Jurisdiction

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.

 

20. Changes and cancellations

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.

For changes and cancellations:

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

 

21. Payment Policy

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 DELPHINUS AREAS: You must print and bring your voucher to the Delphinus 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).

 

22. About transportation

If you have further questions about your transportation service, please contact us at +52 (998) 206-3304 o +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: 16/02/2024