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Booking Terms & Conditions

These booking terms and conditions (“Booking Terms”) set out the basis on which Ocho Experience LLC (hereafter “Ocho Experience”) will provide accommodation and other products and services at its facility to Guests. By making a Booking (as defined below) the Customer agrees to comply, and to ensure that all Guests comply with these Booking Terms.

INTERPRETATION

In these Booking Terms, unless the context otherwise requires, the following expressions have the following meanings:

  • "Arrival Date" means the date on which the Guest(s)’ stay at the facility is due to commence

  • "Booking" means the reservation by the Customer of accommodation and any other products and services detailed in the Booking which is accepted by Ocho Experience

  • “Booking Details” means the details of the Booking including the number of Guests, the number of rooms required, the Arrival Date and duration of the Guest(s)’ stay at the Facility and any other products and/or services to be included in the Booking

  • “Booking Engine” means the online booking facility provided by a third party on Ocho Experience’s behalf (including CloudBeds)

  • “Charges” means the charges payable by the Customer in connection with the Booking

  • “Customer” means the person who makes the Booking

  • “Ocho Experience” means Ocho Experience LLC, which operates the Facility

  • “Guest” means the Customer and/or any other people included in a Booking

  • “Facility” means the facility operated by Ocho Experience, the location of which is specified in the Booking

  • “Website” means https://www.ochoexperience.org

BOOKINGS

  1. Customers can make a Booking through the Booking Engine via the website or by contacting Ocho Experience.

  2. When making a Booking, Customers will be required to provide identification information including, but not limited to, the name, contact telephone number, and email address of the Customer.

  3. No request for a Booking shall be deemed to be accepted unless and until Ocho Experience confirms its acceptance and provides a booking confirmation.

  4. Ocho Experience will use its reasonable endeavors to accommodate any request from the Customer to change the Booking Details. Any request to change the dates or length of stay, increase the number of Guests, change room type or add products and/or services will be subject to availability and, where the cost for such amended Booking would be higher than the original Booking, the Customer shall pay Ocho Experience’s standard rates from time to time for the amended Booking. Ocho Experience shall not be obliged to refund any part of the Charges for the original Booking if the cost of the amended Booking is less than the original Booking.

  5. When the Customer books beds in a shared room, Ocho Experience will use reasonable endeavors to accommodate people from the same Booking in the same room but cannot guarantee that will be the case.

  6. No Guest may re-sell or transfer all or any part of a booking. Ocho Experience reserves the right to cancel any Booking if it has reasonable grounds to suspect that a Guest is in breach of this clause.

  7. Bookings for the entire Facility will be governed by the Group Booking Terms, as set out separately in the Group Booking Contract. 


FEES AND PAYMENT 

  1. Unless otherwise agreed by Ocho Experience, the Charges only cover the provision of accommodation at the booked Facility and the Customer may incur additional charges for services such as supplemental food and beverage or add-on programs and/or treatments (amongst others, the “Additional Charges”).

  2. Customers will be informed of Additional Charges before they are incurred.

  3. Bookings will be subject to the Customer making payment of the Charges in full in advance or providing valid debit card or credit card details from which the Charges can be taken at the relevant time in accordance with the Booking Terms of the Booking.

  4. Any Additional Charges must be paid either as they are incurred or, at Ocho Experience’s option, at checkout.

  5. Ocho Experience may require each Guest to present a valid payment card upon check-in, on which an amount of sufficient pre-authorization can be obtained.

  6. The following payment methods are accepted by Ocho Experience:

    • Credit and Debit Cards for Bookings via the Booking Engine.

    • Cash (USD or MXN) or Credit or Debit Cards, if the Customer is paying in person at the Facility. 

  7. The Charges include Value Added Tax (if applicable) at the time the Booking is made. Should the rate of Value Added Tax be increased, Ocho Experience will be entitled to adjust the Charges accordingly.

  8. If the Charges do not include city/municipal tax (if any), it must be paid by the Customer or Guests at the relevant property either on arrival or when payment for the Booking is made (at Ocho Experience’s election).  

  9. Where the Customer fails to pay any Charges or Additional Charges, Ocho Experience reserves the right to charge interest at the applicable statutory interest rate in the jurisdiction of the Facility.

  10. The Customer is responsible for any bank charges and foreign exchange fees in relation to payment of the Charges or the Additional Charges. In the event of a chargeback, Ocho Experience reserves the right to re-charge the Customer for the costs it incurs.

  11. Where Ocho Experience makes a refund to the Customer, it shall use the same payment method as used for the original payment. 

CANCELLATIONS

  1. Cancellations 30 days or more prior to arrival receive a 50% credit towards future services, minus any non-refundable deposits paid. Cancellations within 30 days are not entitled to future credit. If you have extenuating circumstances and need to change dates, you will receive full credit minus a 15% rebooking fee to be applied to any Ocho Experience valid for 6 months from the date of your originally scheduled booking.

  2. Where the Customer fails to give sufficient notice of cancellation or fails to arrive (no show) at the Facility, the entire Booking will be deemed canceled and the Customer must pay the Facility an amount equal to the Charges for the full stay. Ocho Experience shall be entitled to collect such an amount from the Customer’s credit or debit card used to make the Booking without further notice to the Customer. 

  3. Ocho Experience may at any time cancel the Booking without liability if:

    • the payment details provided by the Customer are invalid and the Customer fails to provide alternative valid details;

    • the information provided by the Customer in relation to the Booking is misleading or false (for example in relation to the identity of any Guest or the purpose of the stay);

    • Ocho Experience reasonably believes that fulfilling the Booking might negatively affect the reputation or operation of Ocho Experience due to the fault of the Customer or because the performance of any of Ocho Experience’s obligations would expose Ocho Experience or the Ocho Experience group to civil or criminal proceedings of any kind, whether because the purpose of the stay is unlawful or otherwise; or

    • Ocho Experience repays to the Customer any advance payment made in relation to the Booking. 

  4. In addition, Ocho Experience may at any time cancel the Booking if the Facility or the room(s)/bed(s) booked become unavailable due to circumstances outside Ocho Experience’s control (including without limitation: extreme adverse weather, industrial action, epidemic or pandemic, any law or any action taken by a government or public authority, natural disaster), in which case Ocho Experience will (at its election) either offer the Customer a refund or the option to rebook for a different date(s) (subject to availability) at no additional charge.


CHECK-IN AND CHECKOUT

  1. Unless otherwise specified in the Booking Details, check-in time is from 4:00 pm local time. Earlier check-in may be available subject to prior arrangement with Ocho Experience and subject to the full range of services and facilities at the Facility not being available until the standard check in time.  

  2. Unless otherwise specified in the Booking Details, check-out time is 10:00 am local time. Later check-out times may be possible by prior arrangement with an additional charge and subject to availability. In the absence of such prior arrangement, Ocho Experience reserves the right to charge an additional night’s accommodation at the standard applicable rate for the occupied room/bed(s) if any Guest fails to check out by the specified time.

PROPERTY RULES

  1. Guests must conduct themselves in a reasonable and responsible manner at the Facility and must not act in any way which may disturb other guests. Failure to adhere to this requirement may result in Guests being asked to leave the Facility in which event all Charges and Additional Charges shall become immediately payable by the Guest or Customer (at Ocho Experience’s election).

  2. Smoking of any kind, including vaping, tobacco (except when used by practitioners during ceremony), marijuana, or the use of other recreational drugs or plant medicine (outside of scheduled ceremonies) are not permitted inside the Facility.

  3. Guests may not have visitors to the property for any reason.

  4. Quiet hours are from 10pm to 6am.

  5. The Customer will be responsible for any loss, damage, or extra cleaning at the Facility caused by the Guest. Ocho Experience reserves the right to charge the Guest or Customer (at Ocho Experience’s election) for Ocho Experience’s reasonable costs of repairing, cleaning or replacing any property of Ocho Experience which is damaged, soiled, or lost by a Guest, or where a room is left in a condition which requires extra cleaning.

  6. Ocho Experience does not accept bookings made by those under the age of 18. Guests under the age of 18 can only stay in the Facility when accompanied by a parent or legal guardian in the same room (which may be a private or shared room) during designated “Kids & Family weeks” published on the Ocho website. Failure to adhere to this rule will result in the automatic cancellation of the Booking with no refund and the relevant Guests shall not be permitted to check in to the Facility.

  7. No products and/or services may be sold, distributed or supplied at the Property by, or on behalf of, any Guest.

  8. It is every Guest’s responsibility to ensure that they has adequate and appropriate insurance coverage for the Booking. Travel insurance is strongly recommended.

  9. All Guests will receive by email Ocho Experience’s rules prior to their arrival. Should a guest violate a rule, Ocho Experience reserves the right to require guests to leave without refund.

AVAILABILITY

  1. Unless otherwise specified at the time of booking and confirmed in the Booking confirmation by Ocho Experience, the Charges do not include any food or beverages.

  2. Guests may only consume food and beverages purchased from or authorized by Ocho Experience within the Facility.

  3. No alcohol is permitted within the Facility unless specifically authorized by a representative of Ocho Experience. 

 

DISABLED GUESTS

  1. We welcome all, regardless of race, nationality, gender, gender identity, age or ability. To ensure we can assist our guests, we require the Customer to inform us at the time of making the Booking if any Guest has special requirements because of a disability, and failure to do so may result in cancellation of Booking without refund.


OCHO EXPERIENCE'S LIABILITY

  1. Nothing in these Booking Terms purports to limit or exclude Ocho Experience’s liability for:

    • death or personal injury caused by the negligence of Ocho Experience or its employees, subcontractors or agents;

    • fraud or fraudulent misrepresentation; or

    • any other matter for which it would be illegal for Ocho Experience to limit or exclude its liability.

  2. Ocho Experience shall not be liable, in contract, tort (including negligence) or for breach of statutory duty or in any other way for:

    • any loss arising from or in connection with loss of revenues, loss of profits, loss of contracts or loss of business or failure to realize anticipated savings;

    • any loss of goodwill or reputation; or

    • any indirect or consequential losses suffered or incurred by any Guest, arising out of or in connection with the use of the Facility or any other matter under this Agreement.

  3. Neither Ocho Experience nor their agents, contractors or employees shall be liable for any loss, damage, destruction or injury which may be caused to the assets, property or any item of equipment, furniture, stock or the like, brought onto Ocho Experience premises by a Guest.

  4. The aggregate liability of Ocho Experience in respect of any loss or damage suffered by a Guest arising out of or in connection with the Booking, whether in contract, tort (including negligence) or for breach of statutory duty or in any other way, shall in no event exceed the Charges.

  5. Notwithstanding the foregoing, nothing in the Agreement shall be construed as excluding or restricting either party’s liability for death and/or personal injury caused by its, its employees’ or its agents’ negligence or for any fraud.  

PERSONAL DATA

  1. Use of your personal data is subject to our Privacy Policy.

GENERAL

  1. The Customer’s rights as a consumer under applicable consumer protection legislation from time to time in force shall not be affected by these Booking Terms.

  2. Ocho Experience may assign its rights and obligations under the Booking and these Booking Terms to another organization without notice to, or consent from, the Customer.

  3. Ocho Experience may, from time to time, change these Booking Terms without notice. However, the version of these Booking Terms in force at the time of the Booking will continue to apply. Customers are advised to check the Website for the latest version of these Booking Terms before making a Booking.

  4. No failure by Ocho Experience to enforce these Booking Terms shall constitute a waiver of the right to subsequently enforce that provision or any other provision of these Booking Terms.

  5. If any provision of these Booking Terms is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Booking Terms and the remainder of the provision in question shall not be affected.

  6. These Booking Terms (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of Mexico, which will have exclusive jurisdiction to deal with any disputes (including in relation to non-contractual matters) arising in connection with them provided that Ocho Experience shall also have the right to enforce these Booking Terms in the country of the Customer’s residence..

  7. A person who is not a Guest will not have any rights in connection with a Booking.

  8. Ocho Experience does not sign third-party contracts for room or event bookings and any Booking Terms proposed by Customer are overridden by these Booking Terms.

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