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Terms and Conditions

1. General

Welcome to the Terms and Conditions (the "Terms and Conditions") applicable to all persons who use this website, located at www.xomex.mx (the "Website"). These Terms and Conditions constitute the general contracting conditions and together with the other contractual documents that the "Passenger" signs with us, govern the relationship that exists between Xomex, hereinafter and without distinction "Xomex" or "We" and: (i ) users who use the Website, for purchases and reservations and/or acquire products and services through electronic means and / or (ii) the people who visit the Website and / or consult and / or use its content (who will be known as "Passengers or Users"). Please read these Terms and Conditions carefully, to make use of this Website You express your consent to these Terms and Conditions and agree to be bound by what is stated in them. Therefore, It is recommended that the User read the Terms and Conditions carefully each time they use the Xomex Website, since they may be updated and / or modified by Xomex at any time, without not personal and express certification directly to the User.

2. Declarations of the Passenger or User

The User declares under protest of telling the truth, by his own and personal right and/or through his attorney-in-fact or legal representative, that he is a natural or legal person, of legal age and has full legal capacity and legitimacy to be able to bind or bind to its represented in terms of these Terms and Conditions, as well as with the economic capacity and sufficient means to be bound under these Terms and Conditions and it is in your interest to acquire the products and services that Xomex provides directly or in its capacity as intermediary between the User and the providers of tourist services.

3. Shopping and reservations

The Passenger can make their purchase and reservation directly through the website www.xomex.mx, sales offices, counters located in the different points of sale or through our Call Center, at the following telephone numbers: (998) 2271589 (998) 2096010–––(998) 1016592

3.1. Minimum purchase and / or reservation time

The Passenger must make his purchase and / or reservation at the points or means of sale described above at least 3 hours before the date of the requested flight, which is subject to the availability of flights.

3.2. Required information

It will be the Passenger's responsibility to provide true and complete information at the time of contracting the Xomex service such as the full and correct name of the passenger (s), date and time of the flight, and email. Additionally, a copy of your official identification, bank account data, debit or credit card or any other document necessary to make your purchase and / or reservation may be required. Likewise, the passenger must verify that his itinerary contains the flight times, date, route and name of the passenger (s), as well as his / her Key / Reservation Code. Xomex staff will provide all the necessary assistance during the purchase and / or reservation process and will clear up any doubts that may arise before or even after contracting the service. Xomex may, without prior notice, substitute the aircraft designated for the provision of the service and may alter or omit the stopping places indicated in the itinerary in case of operational necessity in order to preserve the safety of passengers and crew on board. Hours are subject to change without prior notice

3.3. Connections

Xomex does not make Passenger and / or Luggage Connections with national and international commercial airlines or with other air taxi providers, so Xomex will not be responsible for expenses and / or losses of any kind, related to flights made with other airlines and / or any other form of air or land transportation. Xomex assumes no responsibility for making scheduled connections by the Passenger.

4. Additional services and services provided by third parties

Xomex may offer additional services at the time of purchase and / or reservation of the service. Xomex will only be able to provide additional services if it has the express consent of the passenger, either in writing or electronically, or when, having requested it verbally, it has accepted and covered the amount thereof. The provision of additional services offered by Xomex and that are provided by a third party, will be governed in accordance with the terms and conditions of said third party, which will be provided to the passenger if requested. In this case, Xomex will act exclusively as an intermediary, limiting its responsibility towards the end user to that established by law and under the general principle of the right of good faith.

5. Rights of Passengers

The rights of the Passengers are those contained in Chapter X Bis of the Civil Aviation Law, article 38 of the Regulations of the Civil Aviation Law, as well as those contained in the Federal Consumer Protection Law and other applicable legislation. Xomex will inform the Passenger, at the time of purchase and / or reservation of the service and in the customer service modules, about the terms and conditions of the contracted service, the cancellation policies, as well as the list of passenger rights contained in the Civil Aviation Law, and will have said list available for passenger consultation on its website, service modules, counters and reservation points; as well as on board the aircraft.

6. Taxes and Charges

Taxes, duties and other charges imposed by federal, state or municipal governments, authorities or airport operators; national and international, will be borne by the Passenger of the service, who must pay them in full, together with the respective Fare.

7. Rates

Xomex will establish its rates in accordance with article 49 of the Regulations of the Civil Aviation Law, which will be applied in a non-discriminatory manner, under equal conditions for all users. In terms of what is indicated in the previous paragraph and for the purpose of offering greater service alternatives to passengers, there are 3 classes of rates, taking into account the particular conditions, availability and / or additional services of each one of them. Xomex will make available to the general public the rates corresponding to the services it offers, as well as the extra charges that may apply, which may be consulted at its sales offices, counters located at its points of sale, or through its Call Center and / or through its website www.xomex.mx.

8. Changes in the itinerary requested by the Passenger

The Passenger may make changes to the route, name, time and / or date of the flight, taking into account the contracted rate, as long as there is room availability on the new flight intended by the passenger. The Passenger must pay, where appropriate, the applicable charges that Xomex has pre-established for modifications, as well as the difference between the paid rate and the current rate a the time of making the change, when the second is greater than the first. The Passenger may consult the rules applicable to each rate at the sales offices, counters located at the different points of sale, through its Call Center and / or through its website www.xomex.mx

9. 100% refund of the value of your reservation

The Passenger has the right to cancel their domestic flight and request a refund of 100% of the cost of their reservation, as long as they request it from Xomex up to 72 hours prior to the flight. Cancellations requested less than 72 hours prior to the scheduled flight date will not be refundable to the Passenger. If the flight is scheduled within 24 hours of your purchase, you must inform Xomex at least 3 hours before your flight so that the 50% of the cost of your reservation can be returned.

10. Return period

The term to make your refund will depend on the existing procedures between banks, when the return is in the original form of payment. Likewise, when it is by other means, it will be done in accordance with the Passenger's response times with the requested information.

11. Means of attention to Passengers

In order for you to cancel your flight and request the return of your reservation, you must send an email to the account info@xomex.mx or you must call our Call Center, at the following telephone numbers (998) 2271589, ( 998) 2096010, (998) 1016592.

12. The passenger must provide and have the information / documentation that is required

Such as: Key / reservation code, alphanumeric combination corresponding to your reservation (known as PNR), full and correct name (as it appears in your RESERVATION), date and time of the flight, and email that you registered at the time of making your reservation. Additionally, a copy of your official identification, bank account or any other document necessary to make the return may be required. All returns for reasons of cancellation could be applied for the cost of each segment(round trip), so cancellations may be made for only one segment or flight of your reservation. If your return is appropriate according to what is indicated in these terms and conditions, the return will be made to your original form of payment, unless your means of payment does not allow it, for which you will be required to provide additional data to make your return by other means.

13. Contracting through Travel Agencies, Tour Operators or any other provider of tourist services

For cases in which you have contracted through Travel Agencies, Tour Operators or any other provider of tourist services, you must approach the establishment with which you contracted since the latter is the one who sold you your reservation. If you do not comply with these terms and conditions, your return will not be appropriate and you will not be able to request it later.

14. Flight cancellation for reasons not attributable to XOMEX

Xomex will not be obliged to pay any compensation or to make any refund to the passenger when the delay, diversion, substitution or cancellation of the flight is due to unforeseen causes, acts of God, force majeure, resolution or imposition of federal, state or municipal authorities, pandemic, contingencies or health diseases. However, once the causes described above have ceased or disappeared, Xomex will make the best possible effort to carry out the scheduled flight, at no cost to the passenger. What is indicated in the previous paragraph may be subject to the indications of the competent authorities.

15. Security

Xomex reserves, at its sole discretion, the right to deny boarding to any Passenger who may pose a current or potential risk to the safety of the flight, the aircraft and / or other Users, such as:

  • Inmates
  • Drunk people
  • People under the effect of psychotropic drugs (except in the case of medications after showing a prescription issued by a doctor and prior notification to Xomex staff at the time of documentation).
  • People wanted by national and international authorities.

In these cases, Xomex will notify the Passenger in question of the decision to exercise their right to deny the boarding and the reasons on which their decision is based, and consequently will raise the corresponding report stating the situation and the reasons for which the the right to deny the boarding, as well as the measures, if applicable, that it will employ in order not to affect or impair the rights of the Passenger, for which it may safeguard the rights of the Passenger, which may consist of the issuance of a flight certificate from be appropriate, in the opinion of Xomex or make the corresponding refund to the Passenger after analyzing the particular event.

In the case of people under the effect of any psychotropic, alcoholic substance, or any other substance that alters the Passenger's behavior (except in the case of medications, prior presentation of a prescription issued by a doctor and prior notification to Xomex staff at the time of documentation. ), Xomex will not be responsible for making any type of reimbursement of the amounts paid, since it presumes that the Passenger is solely responsible for their physical and psychological condition at the time of boarding the flight.

In the case of people wanted by national and international authorities, the respective authorities will be notified or, if appropriate, to make their consignment to the corresponding authorities.

This type of security measures will in no case be understood with the purpose of nullifying or undermining the rights and freedoms or equality of people or of undermining their dignity and only aim to safeguard the safety of the rest of the Passengers, to guarantee a flight peaceful and smooth.

16. No Smoking Policy

Xomex informs Passengers that smoking is not allowed on any of the aircraft owned by Xomex. Those Passengers who are caught smoking on the flight will be entitled to the respective sanctions and penalties stipulated by current legislation.

The use of electronic cigarettes or vaporizers is also not allowed on board.

17. Limitation of responsibilities

Xomex is excluded from any liability in the following cases:

  • Damages suffered by Passengers, through their own fault or negligence.
  • Due to the defects of the luggage, hidden defects or inappropriate packaging.
  • When luggage by its own nature or its contents is damaged.
  • When the transported goods were damaged from the beginning by the Passenger himself.
  • When the Passenger's declaration is f alse or when he lies about the objects of value, quality and / or quantity of the goods contained in his luggage.

17.1 Prohibited Items

The following items are prohibited from boarding or carrying in luggage:

  • Firearms
  • Explosives
  • Chemical and / or toxic substances
  • Gases of any kind

18. Applicable law

These Terms and Conditions and any service or product provided by Xomex will be governed by the provisions of the Federal Consumer Protection Law and by the laws of the Mexican Republic.

19. Disputes

Any dispute or controversy related to these Terms and Conditions and / or with the products and services provided by Xomex, will be subject to the interpretation and compliance of the Courts of the City of Cancun, Quintana Roo, Mexico, the Passengers renouncing to any other jurisdiction. that may correspond to them due to their present or future domicile.

20. Protection of Personal Data

For more information about the treatment and protection of their Personal Data, Passengers should enter the Privacy Notice contained in the following address [www.xomex.mx].