Terms and Conditions
TERMS AND CONDITIONS GOVERNING THE USE OF THE WEBSITE https://venturcarrental.com/ HEREINAFTER THE "WEBSITE", AS WELL AS THE RENTAL OF VEHICLES WITHOUT DRIVER UNDER THE BRAND "VENTUR CAR RENTAL", HEREINAFTER THE "RENTAL", ENTERED INTO ON THE ONE HAND BY ESSFERA AUTOMOTRIZ SOCIEDAD ANÓNIMA DE CAPITAL VARIABLE (S.A. DE C.V.), HEREINAFTER REFERRED TO AS THE "PROVIDER", REPRESENTED BY MIGUEL ANGEL MEZA ZAPIEN, AND ON THE OTHER HAND BY YOU, HEREINAFTER REFERRED TO INDISTINCTLY AS THE "USER AND/OR CUSTOMER", WHO ACCEPTS THE FOLLOWING TERMS AND CONDITIONS OF CONTRACTING, AND BOTH PARTIES, JOINTLY, AUTOMATICALLY, AND UNCONDITIONALLY, AGREE TO THE TERMS OF THE FOLLOWING RECITALS AND CLAUSES:
R E C I T A L S:
I.THE PROVIDER DECLARES THAT:
a) ESSFERA AUTOMOTRIZ SOCIEDAD S.A. DE C.V. is a legal entity that owns the website https://venturcarrental.com/ and its extensions, hereinafter the "PLATFORM and/or WEBSITE", a company whose activities include providing rental of vehicles without driver for tourist use to nationals and foreigners, and which is legally incorporated under Mexican laws, formalized by means of public deed number 9,367 dated April 7, 2016, executed before the Notary Public number 99 practicing in the city of León, in the State of Guanajuato, Mexico, duly registered in the Public Registry of Commerce of said state under Commercial Folio Number 68504, represented by MIGUEL ANGEL MEZA ZAPIEN, whose authority has not been limited or revoked in any way, having more than ten years of experience in the industry, and being the exclusive holder of the property rights of said website, therefore having sufficient and necessary capacity to enter into vehicle rental agreements.
b) In compliance with Article 76 bis of the Federal Consumer Protection Law, its Regulations, and the Mexican standard NMX-COE-001-SCFI-2019, it states that the contact details for any matter arising from the use of the platform and the vehicle rental agreement are the address located at Santa Anita Street, Block 9, Lot 1, Interior Suite 1, Las Veredas Neighborhood, Postal Code 23435, in San José del Cabo, Baja California Sur, contactable at telephone number 6241722590, details that are also visible on the website, as well as in the Privacy Notice available at https://venturcarrental.com/privacy, which is made available to the user for reading, and that its Federal Taxpayer Registry number is EAU160407N58.
c) It provides the customer or user with the following contact channels for any matter related to these terms and conditions or the contract: telephone number 6241722590 and the email address gerencia@venturcarrental.com.
d) It has the human, financial, and material resources necessary to fulfill the obligations arising from the legal act consisting of the adhesion contract for the rental of vehicles, the object of the contractual relationship between the parties.
e) It holds the licenses and permits required by law for vehicle rental, and the respective rental agreement is duly approved and registered as an adhesion contract before the Federal Consumer Protection Agency (PROFECO) under number 364-2018 dated January 19, 2018, which must be signed physically by the user and/or customer at the time of picking up or claiming the reserved or rented vehicle, in order to fulfill the purpose of the contract, and which may be consulted by the user before proceeding with the reservation or rental process available on the website.
f) It has informed the customer and/or lessee of the scope and legal effects of this contract and the total amount to be paid for the rental transaction, as well as any restrictions that may apply to the operation of this contract.
g) The platform or website https://venturcarrental.com/ and its extensions are intended to provide any individual or legal entity that wishes to rent a vehicle or any of the services offered online, as listed in the catalog available on the site, the means to do so — most of which are directed at vehicle rental.
II.THE USER AND/OR CUSTOMER DECLARES:
a) That they are fully identified by the name, personal data, email address, mobile phone number, and other information provided at the time of entering into the rental agreement for the vehicle chosen for their use, as well as in the completion of the annex to the respective adhesion rental contract.
b) That they are an individual of legal age, that is, over 18 years old, with capacity to enter into the vehicle rental agreement, or a legal entity duly incorporated under the Laws of the United Mexican States and that, as legal representative of their company, they hold the necessary authority to enter into this contract, which to date has not been revoked or limited; therefore, if the representative authority is lacking, the user will be personally responsible for the rental of vehicles requested online and everything it implies, as well as for payments made through the application, and that they comply with the laws and regulations applicable in the United Mexican States ("Mexico").
c) Whether they access the website https://venturcarrental.com/ to view content, download information, register on our portal, or enter into a rental agreement for the use of a vehicle, become a customer, or use the contracted vehicle, they acknowledge having previously read and understood each and every one of the clauses and sections of the terms and conditions contained in this legal instrument, to which, from the date of payment — whether as a deposit, reservation, or full payment — they will be subject and which they accept expressly, with the understanding that this document is binding between both parties and forms part of the contractual relationship arising from the rental that is the object of the respective contract.
d) That prior to contracting the vehicle, they had the opportunity to browse each and every tab and element of the website, where they were able to view and choose voluntarily and at their discretion the vehicle that meets their transportation needs.
g) That prior to contracting and paying for the rental, they had the opportunity to browse the platform and learn about prices, vehicle types, and their features, as well as the identification and contact information of "THE PROVIDER", such as address, telephone, and contact email, since prior to payment they had the opportunity to learn about them in detail on the platform, which gave them the opportunity to analyze the details of the contract, declaring that they agree and that they read and accepted, by means of the corresponding checkbox, the privacy notice made available to them for their consideration prior to payment, available at https://venturcarrental.com/privacy.
h) That by selecting the "pay" option and processing the charge for either the reservation or the rental of the vehicle, you, as user and/or customer: a) accept that you have read this legal instrument and undertake to comply with each and every one of the obligations stipulated in the contract entered into for this purpose; b) expressly consent to and accept the terms and conditions stipulated in this contract and declare that you have the legal capacity to comply with them, and that any person under your charge who uses the website and chooses the vehicle for rent offered by ESSFERA AUTOMOTRIZ SOCIEDAD S.A. DE C.V. and/or VENTUR CAR RENTAL knows and understands these terms and conditions, and that you as user are fully responsible for the use you make of the website and its extensions in connection with your account or registration generated for the use of the website, regardless of the person who may have used it.
i) Additionally, you as user accept that legally required notifications and any other information relating to legal rights and obligations (as a user) may be sent and transmitted electronically by ESSFERA AUTOMOTRIZ SOCIEDAD S.A. DE C.V. and/or VENTUR CAR RENTAL, and that contracts, annexes, and other documents requiring acceptance shall be deemed accepted upon electronic payment of the contracted rental, having the same binding effect as a handwritten signature.
j) That they have reviewed THE PROVIDER's Privacy Notice, which also governs the use of the website https://venturcarrental.com/ and its extensions — a notice they were able to access to obtain more information about our practices and the processing of their personal data, use of cookies, and commercial email policies, available at https://venturcarrental.com/privacy.
k) That it is their wish to be bound by the terms and conditions of this instrument, declaring that they have the legal capacity to enter into the contract that is the object of the rental.
l) The customer and/or user declares that the data provided during registration on the website and in the completion of forms and the rental agreement and its annex, offered on the website and subject to payment, are truthful.
III.BOTH PARTIES DECLARE:
a) That the Terms and Conditions contained in this document govern the use of the website https://venturcarrental.com/ and even the mere access to it or its extensions linked to the website, including the content made available to the user. It is understood that any person who accesses the web and any of its extensions, as a user, agrees to be bound by the Terms and Conditions in force at the time of entry into the platform and likewise accepts having read our Privacy Notice included on said pages, being informed of and in agreement with its content.
b) In view of the above, both parties mutually and reciprocally acknowledge their full capacity to contract, and in order to achieve the objectives and purposes stated above, agree to comply with the provisions of this document, hereinafter "THE CONTRACT", for the rental of vehicles without driver, requested by the user through the website — a legal document subject to the following Terms and Conditions:
C L A U S E S
FIRST - GENERAL CONDITIONS OF USE OF THE WEBSITE AND THE RENTAL.
a) THE PROVIDER ESSFERA AUTOMOTRIZ SOCIEDAD S.A. DE C.V. makes available to users the website https://venturcarrental.com/ and its extensions.
b) Access to the website https://venturcarrental.com/ is entirely voluntary and grants the person who accesses it the status of user. Every user accepts, from the very moment of access and without any reservation, the content of the Terms and Conditions included in this instrument, as well as any specific conditions that may complement, replace, or modify them in any way in relation to the content of the website and the rental contract, such as the respective contract and its annex.
c) The use and rental of vehicles from the provider or from VENTUR CAR RENTAL is only possible after registering as a user. Said user registration shall be carried out in the manner expressly indicated in the contract itself, specifically with the telephone number provided at the time of registration and selection of the vehicle to be rented.
d) To select the vehicle the user or customer wishes to rent, registration through the website is required, and upon registration the customer must provide their email address, which will identify them for the execution of the vehicle rental and which will be used exclusively to enable contact or communication between VENTUR CAR RENTAL or provider and the customer through commercial emails, the regulation of which is found in the comprehensive privacy notice. Likewise, the user is informed that ESSFERA AUTOMOTRIZ SOCIEDAD S.A. DE C.V. does not assign or transfer to third parties the email or other personal data obtained through the platform.
f) Consequently, the user must carefully read the clauses of this contract before accessing and using any service of the platform, at their own responsibility.
g) Before this contractual relationship is formalized, the customer is informed that the rental of the vehicle is subject to reservation and, where applicable, payment of the rental cost, which will depend on the type of vehicle and the days selected for rental according to the prices applicable and established on the platform, as well as the payment methods available, as indicated on the platform. This contractual relationship is established when the customer accepts the corresponding payment commitment by clicking on the "pay" confirmation checkbox.
h) The user may access, print, download, and save this document at any time. This contract containing the Terms and Conditions will be permanently accessible on the website through the link https://venturcarrental.com/conditions and informs users that these terms of use may be modified without prior notice. Consequently, the user must read this document carefully each time they intend to use the platform, as it may undergo modifications.
i) The use of the platform implies full acceptance of the provisions included in this document in the version published on the website at the time the user accesses it. The use of the website and especially the moment of registering on the platform and accessing the menu and the management and editing of personal data offered by the portal to users, implies on the part of the user the acceptance of the use of their data by the provider responsible for processing for the fulfillment of the purpose of this contract and the appearance in the application in the customer catalog.
j) Likewise, the provider informs users that these Terms and Conditions of use may be modified without prior notice; consequently, the user must read this document carefully, as well as the Privacy Notice, each time the application is used, since both documents may undergo modifications without prior notice. Likewise, the provider reserves the right to modify, without prior notice, the design, presentation and/or configuration of the site https://venturcarrental.com/ and its extensions, as well as some or all of the services contained therein, and even add new services.
k) In any case, the provider reserves the right, at any time and without prior notice, to deny access to the platform to any user who fails to comply with any of the clauses of this contract or any specific clauses applicable to the rental of the vehicle requested through the website and the respective adhesion contract that must be signed at the time of vehicle delivery.
l) The reservation of a vehicle for its rental, made through the website, may be subject to specific conditions that, depending on the case, replace, supplement and/or modify the Terms and Conditions established in this contract. Therefore, prior to using the web services and the rental of the vehicle, the user must also read carefully and likewise accept the corresponding clauses of the respective rental agreement.
SECOND - PURPOSE AND CONDITIONS OF USE OF THE WEBSITE: This contract governs access to and use of the website https://venturcarrental.com/ that "THE PROVIDER" ESSFERA AUTOMOTRIZ SOCIEDAD S.A. DE C.V. makes available to Internet USERS interested in vehicle rental.
The purpose of the website https://venturcarrental.com/ is to provide users with a practical browsing experience and to offer the rental of vehicles without driver that may be contracted by users of the website through the platform and any other means of dissemination or communication available, and to allow users to rent a vehicle without driver for tourist transport directly through the form made available to them on the website. Personal data is protected in accordance with Mexican legislation and international regulations on personal data protection, as set out in the Privacy Notice available at https://venturcarrental.com/privacy.
ESSFERA AUTOMOTRIZ SOCIEDAD S.A. DE C.V. will only provide the data and information supplied by the user when such data and/or information does not violate legal provisions or these Terms and Conditions of use, and only those strictly necessary to provide rental of vehicles without driver.
The Provider may remove illegal content from the website without prior notice, as well as any content that may be considered inappropriate or that may violate third-party rights, and acknowledges that it is technically not possible to achieve 100% website availability. However, it will make every effort to keep its website available as consistently as possible. Especially for reasons of maintenance, security, or capacity, as well as due to events beyond its control such as possible anomalies in public communication networks, power outages, quality of internet signal, etc., the user is informed that brief anomalies or temporary suspension of website use may occur.
Use and operation of the website https://venturcarrental.com/ and its extensions are governed by the following conditions of use and implementation described below:
- The platform consists of various tabs, sections, screens, forms, and payment gateways or methods.
- Once registered on the platform or website, the user will always have access to it, where they will choose the vehicle of their preference, the arrival dates, the days of rental, and the insurance coverages; afterward, the user selects the payment method via PayPal, where they may choose either the full payment of the reservation or the 20% deposit, according to their preference.
- Once the vehicle and other contracting details have been selected, the user is then redirected to the PayPal portal to complete the vehicle rental process. When the customer finishes the payment process and it is successful, the portal redirects them back to our site where their reservation or payment receipt is generated, as applicable, with which the customer may claim or request the physical delivery of the rented unit on the day of their arrival to the starting city of the trip.
- Once registered on the platform, the customer will always have access to it, where they may navigate and interact within it and select the vehicle of their preference from those shown in the catalog, choosing the days they will use the vehicle and the rental duration.
- The replication, copying, reproduction, cloning, distribution, and any means of dissemination of the content of the website https://venturcarrental.com/ is strictly prohibited, as well as the content, sections, photographs, logo, modules, catalogs, and forms of the platform in favor of third parties, neither free of charge nor paid or for any compensation. The customer or user is hereby informed that, in the event that the provider and/or lessor learns by any means that the user or customer has infringed the prohibition set forth in this section, they will be subject to the penalties and sanctions provided by the applicable intellectual property laws.
- Within the rental of the vehicle(s), the gasoline or fuel consumed by the vehicle during the trip throughout the rental days under the respective contract is NOT included. As to fuel use, both parties shall be governed by the clauses of the corresponding adhesion contract.
- The user and/or customer may ask the provider to clarify any reasonable doubts they may have regarding the rental of vehicles, with the provider being obliged to respond either online to the email address gerencia@venturcarrental.com or through the website on the "contact" tab available at https://venturcarrental.com/. Such inquiries may be made at any time, and shall be addressed within a maximum of 48 hours of receipt of the request with the information requested, with the doubt or issue raised being resolved through the same channel.
- If the customer has contracted the rental of the vehicle based on kilometers traveled, these shall be determined by the reading of the mileage recorded on the device (odometer) installed by the vehicle manufacturer. It is understood that if, during the term of the rental, any malfunction or breakage of the protectors of said system occurs due to negligence or any cause attributable to the lessee, the rental will be calculated taking into account the daily rental rate established in the annex of the respective rental agreement, which must be signed by the customer at the time of picking up the rented vehicle, for the time during which the vehicle is in the lessee's possession.
- The customer and/or lessee receives the vehicle to their full satisfaction, except for hidden defects, and undertakes to pay the lessor, at the end of the contract, at market prices, for any missing accessories and parts of the rented vehicle at the time of return.
- The parties may rescind the adhesion contract upon any breach of the obligations contained in said legal instrument.
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Cancellation by the customer: In the event that, for any cause attributable to the
customer, they wish to cancel the rental, said cancellation shall be governed by the
following guidelines and percentages applicable as compensation:
- 33% of the total rental amount will be charged if the customer cancels within the first 10 minutes of having requested it through the website.
- 50% of the total rental amount will be charged if the customer cancels after 10 minutes of having requested it through the website.
- 100% of the total rental amount will be charged if the customer does not appear in a timely manner to claim the vehicle on the day stipulated for that purpose in the respective adhesion contract.
- The customer shall be liable for all damages of any nature that the provider or a third party to the contractual relationship may suffer as a consequence of non-compliance with any of the obligations to which the customer or user is subject under these Terms and Conditions, the contract.
- By paying for the reservation or rental of the vehicle, the customer expresses their consent to be bound by the terms of this instrument and the respective rental agreement.
THIRD. - RENTAL PRICE AND METHOD OF PAYMENT. –
SALES PLATFORM. - The customer and/or user is informed that the provider hosts its catalog of vehicles and prices on the website https://venturcarrental.com/, whose purpose is to offer rental of vehicles without driver for use within national territory, either to meet the customer's ground transportation needs in national territory, promoted through the technological tools integrated into the website, available immediately and permanently. The customer needs to have an efficient internet signal and an updated electronic device to access the website. If you have any doubt regarding the content and use of the site or the content of this instrument, you must contact the provider at the email gerencia@venturcarrental.com; any complaint regarding payment may also be made through that channel.
RENTAL PRICE. - The parties agree that the rental price of the vehicle chosen by the customer shall be in accordance with the list prices established on the website. Therefore, by paying through the website via PayPal or to the provider's bank account at the time of claiming the vehicle subject to rental, or by any of the payment methods made available, the customer and/or user unconditionally accepts each and every one of the terms and conditions for the execution of the rental under the respective contract, as well as the amount and conditions of the agreed price, granting with this unequivocal sign their consent as if they had signed this document by hand, said payment being binding between the parties for all applicable legal effects.
METHOD OF PAYMENT. - The price agreed under the foregoing terms and linked to the rental of vehicles offered on the website must be paid by the customer in a single installment by charge to an online authorized bank account or bank deposit to the provider's account at the time of claiming delivery of the vehicle reserved through the website. The charge will be made through the website by means of the available payment methods for credit card, debit card, or PayPal, payment methods that are available on the page or panel at the time of authorizing and processing the payment of the reservation or full payment of the rental amount, as the case may be, requested by the customer online. The price displayed on screen includes the corresponding taxes pursuant to applicable legislation in the Mexican Republic, with the provider being directly responsible for invoicing.
When the customer chooses to rent any of the vehicles offered by the provider, by making the payment by any means, the customer accepts the terms and conditions of this instrument, undertaking to sign the adhesion contract at the time of claiming the respective vehicle. Likewise, they accept having read and being informed of the content of the Privacy Notice that includes cookie policies, information available at the site https://venturcarrental.com/privacy.
The user submits to all applicable trade rules and to each and every one of the payment processors that may process payment transactions in matters of commerce, as well as to the transfer of funds related to payments executed through credit cards, debit cards, or PAYPAL.
Each and every one of the payment processors that may carry out commercial transactions are not responsible for collecting any taxes that may arise in connection with each transaction.
The provider reserves the right to modify at any time its prices for the rental of vehicles without driver that it offers, which it will do by means of publication and according to the catalog in force on the website https://venturcarrental.com/, it being understood that the amounts and prices set on said site will be the amount payable. The only prices applicable to the transactions made by the customer are those in force at the time of contracting the respective rental.
Prices for the rental of vehicles offered by the provider on its site https://venturcarrental.com/ or its extensions shall be expressed in national currency, without prejudice to also being stated in U.S. dollars, as applicable, with the exchange rate that the relevant Financial Institution determines at the time of the transaction prevailing.
FINANCIAL AUTHORIZATIONS. - The customer or user warrants that they have the necessary authorizations to use the chosen payment method and acknowledges that the transmission to the provider or the website of their banking information is proof of their capacity and consent for the rental payment under the contract.
The provider does not store or transfer credit card details or financial data provided by the user or cardholder, but proof of the transaction shall be filed for the relevant legal purposes. For any clarification regarding this section, you may read our Privacy Notice at the site https://venturcarrental.com/; the vehicle reservation is the conclusive proof regarding the rental request and, where applicable, its enforceability.
If the financial institutions or accredited organizations refuse to authorize the credit or debit card payment, in the event of non-payment, the provider reserves the right to suspend delivery of the vehicle reserved online through the site.
The customer or user acknowledges and assumes sole responsibility for any issue related to the payment method chosen to contract the rental.
THIRD.- RIGHTS AND PROPERTY.- All content of the website explored by the customer for the contracting of the rental, and detailed in this instrument, are the exclusive property of the provider, who under this contract permits the customer their exclusive use for the purpose of viewing them. Their reproduction or copying, whether partial or total, by any means or modality is prohibited; otherwise, the corresponding legal actions shall be exercised for the improper use of the website and its content in accordance with the applicable laws, and shall be subject to the sanctions that the customer may incur for infringing intellectual property rights; therefore, the relevant measures shall be taken for their imposition, whether judicial or administrative.
All content included or available through the website https://venturcarrental.com/, such as texts, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, and algorithms, are the exclusive property of ESSFERA AUTOMOTRIZ SOCIEDAD S.A. DE C.V. or, where applicable, of its third-party licensors, providers of tools, support, and content, and are protected by Mexican and international copyright laws. Otherwise, and upon violation of the provisions of this clause and the laws protecting the intellectual property of the provider, it reserves the right to close and cancel accounts and the rights of the customer for the vehicle in question to be rented to them at its sole discretion and to take the corresponding legal actions.
FOURTH. – WARRANTY.- Given the nature of the contractual relationship arising from the vehicle rental that the provider offers, the company guarantees the delivery of the reserved unit. However, the provider undertakes that, in the event of not having available the unit chosen and reserved online by the user, the company will deliver a higher-priced unit; but if the customer is not satisfied with the unit offered as a substitute for the one reserved and has paid 100%, 80% of the payment made shall be refunded, with the refund being made to the customer within 48 hours of providing their deposit account. With respect to reservations made having paid 20% of the price, there will be no refund whatsoever, as the company incurs mobility and administrative expenses.
FIFTH. - NATURE OF THE CONTRACTUAL RELATIONSHIP. - This contract is commercial in nature and shall be governed by its own clauses and, on matters not provided for therein, by the provisions of the Commercial Code, and supplementally by the Federal Civil Code, special laws and commercial customs, and failing that, by the Federal Code of Civil Procedure, with Title Two of the Commercial Code being specifically applicable, as well as the Laws relating to the protection of Intellectual Property.
SIXTH. - PROTECTION OF PERSONAL DATA. - Due to the nature of the rental contracted by the user through the use of the website and formalized with the respective contract and in accordance with this instrument, the provider will collect personal data from the customer, such as telephone, address, email, and address, which in accordance with the law are not considered sensitive. Therefore, the provider will limit its use to the purposes set forth in this document and in the vehicle rental agreement and its annex, always with prior authorization from the customer, who will only allow access to personal data to the provider when necessary for the contracted rental, with THE PROVIDER's Privacy Notice being available at the website https://venturcarrental.com/privacy.
The provider, in compliance with the provisions of the Federal Law for the Protection of Personal Data Held by Private Parties published on July 5, 2010, its Regulations and Guidelines, undertakes to comply with the regulations established in said legislation, as well as with the following:
a. Not to apply or use the personal data obtained from the customer for purposes other than those set forth in this instrument and in the respective rental agreement and its annex, nor to transfer it to third parties, even for storage.
b. To maintain professional secrecy and confidentiality with respect to such data, even after the contractual relationship with the customer ends.
c. The customer affirms and warrants that the data they have provided and that has been obtained by the provider is truthful and in accordance with the provisions of the current Federal Law for the Protection of Personal Data Held by Private Parties, and that they comply with all obligations established in the invoked regulations.
SEVENTH.- CONFIDENTIALITY.- THE PROVIDER will consider as confidential all information related to the rental of the vehicle to the customer and other data obtained during its execution, unless said information was previously known or had been publicly disclosed prior to the rental.
The provider will keep in strict confidence in favor of the customer all confidential documentation, keys, passwords, accounts, and other necessary data provided for the contracting of the rental, and therefore may not use them except with the express authorization of the customer. The provider is bound by the provisions of Article 21 of the Federal Law for the Protection of Personal Data Held by Private Parties, so the controller or third parties involved in any phase of personal data processing must maintain confidentiality with respect to such data, an obligation that shall remain in force even after the contractual relationship with the data subject or, where applicable, with the controller, has ended.
The customer expressly authorizes the provider to publicly announce that they are part of the provider's portfolio of customers and users, both in press publications and at events for the purposes of advertising and digital marketing, authorizing the use of their image in photographs, posters, and billboards exclusively for the advertising purposes of the rental company.
EIGHTH.- OPINIONS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT.- The customer may post on the website or on the profile of the Facebook social network page, comments, opinions, and other content, as well as send suggestions, ideas, comments, questions, or other information, provided that the content is not illegal, obscene, threatening, defamatory, or invasive of privacy, nor infringes intellectual property rights, including publicity rights, nor is offensive to third parties or otherwise objectionable. Likewise, no use shall be made of computer viruses, political propaganda, commercial solicitations, chain messages, mass mail, or any form of spam or unsolicited electronic messages. The user or customer is informed that they may not use false email addresses, impersonate another person or entity, or mislead as to the origin of any content. The provider does not regularly review posted content but reserves the right (but not the obligation) to delete or edit such content, or where applicable, remove it from the respective platform without prior notice under the terms previously agreed.
NINTH. - UPDATE. - In the event that any of the clauses of the adhesion rental contract or those contained in this instrument are for any reason invalid, illegal, or unenforceable by virtue of any applicable legal norm, they shall be considered ineffective only to the extent and part corresponding to the questioned clause; therefore, with respect to the other clauses and content of the contract and terms and conditions, these shall retain their validity and force, without this implying in any way the nullity of the contract.
TENTH.- NOTIFICATIONS.- Both parties agree that the notifications they make to each other by any electronic means or device, such as mobile telephone, email, WhatsApp, text message, Messenger, Telegram, video conference, among others, or any other digital technology to communicate between them regarding matters arising from this contract, shall constitute legal and reliable notification between the parties, who shall make clear in their respective messages and texts that they have received the notification or message sent to them by the other party, which is expressly agreed for all applicable legal effects.
When the customer or user uses any service or enters into any contract with ESSFERA AUTOMOTRIZ SOCIEDAD S.A. DE C.V. and/or VENTUR CAR RENTAL and sends them emails, text messages, and other communications from their mobile or desktop device, it shall be understood that they are communicating electronically with the provider, and by doing so the provider will obtain their consent to receive electronic communications from the provider through emails, text messages, automatic notices from mobile devices, or auto-responder platforms, notices and messages from the platform website or other provider services, such as its messaging and contact center. The customer or user accepts that electronic copies may be stored for record-keeping and that all agreements, notifications, declarations, and other communications provided electronically confirm and meet the legal requirements and serve as valid written or signed communications between the parties.
ELEVENTH.- ACCEPTANCE BY THE USER AND/OR CUSTOMER.- By virtue of the nature of this contract, both parties agree that, in accordance with the clauses of this instrument and the rental agreement of vehicles without driver, the parties agree that the user and/or customer, by the mere fact of paying for the reservation or making partial or full payment of the corresponding price, whether directly on the payment gateway made available by the provider on the website or to one of its accounts — regardless of whether the rented vehicle has not yet been delivered — grants their express consent precisely on the day they make the payment of the price agreed in the offer of the reservation or quotation of the rental. This shall, for all applicable legal effects, be considered as an unequivocal sign of consent and of the date of acceptance of these terms and conditions, regardless of the signing of the respective rental agreement at the time of receiving the vehicle subject to the rental, in accordance with the terms of Article 93 of the Commercial Code and Articles 1802 and 1803 of the Federal Civil Code and their correlatives in each federal entity. This implies acceptance on their part of the general conditions of contract and terms of use to which this contract refers; therefore, the customer accepts and unconditionally submits to each and every one of the terms thereof, a document made available to them, which they may view and download from the corresponding webpage of the provider's website https://venturcarrental.com/ and/or VENTUR CAR RENTAL.
TWELFTH. - THE PROVIDER and its licensors, suppliers, publishers, and rights holders or other content providers, reserve and retain all rights not expressly granted in this contract. The reproduction, duplication, copying, sale, resale, or exploitation of the content of the provider's website https://venturcarrental.com/ and its extensions or any part thereof, is not permitted for commercial purposes without the express written consent of the provider and creator thereof ESSFERA AUTOMOTRIZ SOCIEDAD S.A. DE C.V. The customer may not frame or use framing techniques on trademarks, logos, or other proprietary information, such as images, text, page design, or forms of ESSFERA AUTOMOTRIZ SOCIEDAD S.A. DE C.V. and/or VENTUR CAR RENTAL without the express written consent of the provider and creator thereof. The customer may not use meta tags or "hidden text" containing the name or trademarks of ESSFERA AUTOMOTRIZ SOCIEDAD S.A. DE C.V. and/or VENTUR CAR RENTAL without the express written consent of the platform owner. The customer may not misuse the website or the services of the platform owned by the provider; therefore, they may only register on the platform and obtain the contracting of the rental of vehicles without driver chosen according to their needs, to the extent permitted by law, under these terms and conditions and the respective contract.
THIRTEENTH.- COOKIES. - The customer or user is fully aware of and agrees that the provider's site https://venturcarrental.com/ and its extensions may use cookies. It is understood that, under the Law, a cookie is a small file stored on the user's computer while the customer uses the website. Cookies are used to improve the customer's browsing experience. The cookies used by the website are "session cookies" and do not require the customer's consent; therefore, the cookies used by the provider are deleted once the customer or user closes the browser used to access the website.
FOURTEENTH. - MODIFICATION OF THE GENERAL TERMS AND CONDITIONS OF USE AND CONTRACT.- THE PROVIDER reserves the right to unilaterally modify these Terms and Conditions whenever it considers it necessary and to publish on the website an updated or edited version of them, as well as of the Privacy Notice — documents to which the user had access prior to the reservation or rental and which they may access as many times as necessary at any time to read their content, documents that are hosted on the aforementioned websites.
The customer undertakes to read the Terms and Conditions each time they access the website, and the provider assumes no obligation to specifically inform the customer or user of any change in them or in the Privacy Notice. The continued use of the website by the customer or user constitutes acceptance of these Terms and Conditions, it being understood that the applicable conditions shall be those established on the website according to the version in force at the time the customer or user requests to rent a vehicle according to the catalog offered therein.
FIFTEENTH.- APPLICABLE LAWS, LANGUAGE AND COMPETENT JURISDICTION.- The Federal Consumer Protection Agency (PROFECO) is competent to hear and resolve administratively any controversy that may arise regarding the interpretation or fulfillment of this contract and terms and conditions. Without prejudice to the foregoing, the parties expressly submit to the laws applicable to the competent Courts of the City of San José del Cabo, Baja California Sur, Mexico, considering for all legal and tax effects that the use occurred in said entity, expressly waiving the jurisdiction that by reason of domicile, present or future, may correspond to them. The user fully acknowledges that these Terms and Conditions are governed by the laws in force in the Mexican Republic.
Additionally, the customer or user further acknowledges that any dispute resolution or claim required and arising from this contract, including arbitration, mediation, litigation, or other method, must be carried out or processed exclusively in the city of San José del Cabo, Baja California Sur, Mexico, and specifically any litigation or dispute that arises with respect to the terms and conditions, the rental adhesion contract, or the privacy notice, shall be resolved exclusively before a Court or Authority of competent jurisdiction in said entity, without prejudice to its processing being conducted online in accordance with the applicable rules.
To the fullest extent permitted by law, and especially in the event of any dispute between the parties, the controlling language of these Terms and Conditions is Spanish. Any translation made shall be used solely for the convenience of the customer or user, without responsibility for the provider with respect to the translation made of this instrument, as any translation made of it may create confusion regarding its content.
Both parties agree that, in the event of any dispute or claim, before undertaking any action involving a third party and before any competent authority, whether judicial or administrative, to resolve the conflict that may arise between both parties, the customer or user agrees to first contact the provider through whoever represents it, either directly or through any of the available means or at the email address gerencia@venturcarrental.com so that the parties may reach an amicable solution and resolve the controversy without the intervention of third parties.
Note on language: This English version is provided for the reader's convenience only. As stated in the FIFTEENTH clause above, the controlling language of these Terms and Conditions is Spanish. In the event of any discrepancy between the Spanish and English versions, the Spanish version shall prevail, as this document is governed by the laws of the United Mexican States.
ONCE THE PARTIES HAVE READ THE FULL CONTENT OF THIS INSTRUMENT, BEING IN AGREEMENT AND BOTH HAVING FULL KNOWLEDGE OF ITS SCOPE AND FORCE, THEY ACCEPT IT, AND AS REGARDS THE USER AND/OR CUSTOMER, THEY GRANT THEIR EXPRESS CONSENT AT THE MOMENT THEY MAKE THE PARTIAL OR FULL PAYMENT OF THE PRICE AGREED IN THE RENTAL QUOTATION, THIS CONSTITUTING A HANDWRITTEN SIGNATURE, ADHERING TO EACH AND EVERY CLAUSE OF THE CONTRACT AND TO THE TERMS AND CONDITIONS OF USE OF THE WEBSITE AND OF THE VEHICLE RENTAL, UNDERTAKING TO COMPLY WITH IT IN ITS ENTIRETY.
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ESSFERA AUTOMOTRIZ SOCIEDAD S.A. DE C.V. (VENTUR CAR RENTAL)
through its legal representative MIGUEL ANGEL MEZA ZAPIEN
