Article 1(Scope of Application)

  • The Terms and Conditions shall govern any accommodation agreements or any other related contracts entered into between Casa Colibri Tankah and the guest (including guests using rooms for teleworking within the day, etc.; the same shall apply hereinafter), and any matters not stipulated in the Terms and Conditions shall be governed by the laws and regulations (Laws and regulations or those based on the law. The same shall apply in the following.) as well as generally established customs.
  • Any usage guidelines and precautions(hereinafter collectively referred to as “Rules”)presented by the hotel in connection with these Terms and Conditions shall, in addition to the Hotel Rules and Regulations established by Casa Colibri Tankah and kept in guestrooms, constitute a part of these Terms and Conditions.
  • Notwithstanding the preceding paragraph, any special agreements provided by the hotel within the scope permitted by law and customs shall take precedence.

Article 2(Application for an Accommodation Agreement)

  • Those applying for an accommodation agreement at the hotel shall provide Casa Colibri Tankah with the following information.
    • Show ID 
    • Guest name and telephone number
    • The date of stay and estimated time of arrival
    • Accommodation fees(generally based on the Basic Accommodation Fees in Appendix 1. )
    • Other information the hotel deems necessary
  •  

Article 3(Establishment of the Accommodation Agreement)

  • The accommodation agreement shall be established when Casa Colbiri Tankah accepts the application set forth in the preceding paragraph. However, this does not apply when Casa Colibri Tankah proves it has not accepted the application.
  • The accommodation agreement shall cease to be effective when the guest fails to pay the deposit set forth in Paragraph 2 by the deadline designated by the hotel. However, this is limited to cases in which the hotel notifies guests of a deposit deadline.

Article 4(Special Agreements Not Requiring a Deposit)

  • Notwithstanding the provisions of Paragraph 2 of the preceding article, Casa Colibri Tankah may accept special agreements that do not require payment of a deposit.
  • The preceding paragraph on special agreements shall apply when the hotel does not request payment of the deposit set forth in Paragraph 2 of the preceding article or does not specify a deposit payment deadline when accepting applications for an accommodation agreement.

Article 4-2(Request for Cooperation in Measures to Prevent Infection in the Facility)

Casa Colibri Tankah may request cooperation from a potential guest in accordance with the provisions of Article 4-2 Paragraph 1 of the Hotel Business Act (Act No. 138 of 1948).

Article 5(Refusal of Accommodation Agreements)

Casa Colibri Tankah may refuse to enter into an accommodation agreement in the following cases: However, this paragraph does not mean that Casa Colibri Tankah may refuse accommodation for cases that are not listed in Article 5 of the Hotel Business Act.

  • When the accommodation application violates the stipulations of these Terms and Conditions
  • When guestrooms are fully booked
  • When a potential guest is deemed likely to break the law, disrupt public order, or act contrary to public morals during their stay.
  • When a potential guest is deemed to fall under any of the following categories(a)to(c):
    a. An organized crime group under the Act on Prevention of Unjust Acts by Organized Crime Group Members(Act No. 77 of 1991)as stipulated in Article 2(2)(hereinafter “organized crime group”), a member of an organized crime group as stipulated in Article 2(6)(hereinafter “organized crime group member”), an associate member or affiliate of an organized crime group or any other antisocial force
    b. When the applicant is involved in corporations or other organizations whose operations are controlled by an organized crime group.
    c. When any of the directors of the applicant’s corporation is classified as a member of an organized crime group
  • When the potential guest’s behavior poses a significant nuisance to other guests.
  • When a potential guest is a patient of a specified infectious disease (hereinafter “patient of a specified infectious disease”) pursuant to the provisions of Article 4-2 Paragraph 1 (2) of the Hotel Business Act.
  • When the potential guest uses violence, threats, blackmail, or intimidation to make unjust or unreasonable demands against the hotel or its employees (excluding cases where the guest is requesting to eliminate social barriers pursuant to the provisions of Article 7 Paragraph 2 or Article 8 Paragraph 2 of the Act for Eliminating Discrimination against Persons with Disabilities [Act No. 65 of 2013. Hereinafter referred to as “Act for Eliminating Discrimination against Persons with Disabilities”]), or is deemed to have engaged in any similar acts in the past.
  • When the potential guest repeatedly makes requests pursuant to the provisions of Article 5-6 of the Hotel Business Act, imposing an excessive burden and significantly hinder the provision of hotel services to the other guests.
  • When the hotel is unable to accommodate guests due to natural disaster, facility malfunction, or other inevitable circumstances.
  • When the potential guest is intoxicated, exhibits or has exhibited extremely abnormal behavior that may pose a nuisance to other guests, or in cases that fall under the provisions of prefectural ordinances.
  • When the potential guest is extremely unsanitary or is wearing extremely dirty clothes that may cause a nuisance to other guests.
  • When the potential guest conceals the fact that they have reserved a guestroom within the hotel for the purpose of making a profit, either for themselves or for a third party, by selling goods, etc.
  • When the potential guest does not comply with these Terms and Conditions or with cancellation and payment policies when making a reservation.

Article 5-2(Explanation of Refusal to Conclude Accommodation Contract)

In the event that the hotel refuses to enter into an accommodation contract in accordance with the preceding article, the person seeking accommodation may request an explanation for the reasons of the refusal.

Article 6(The Guest’s Right to Terminate the Accommodation Agreement)

  • Guests may request that Casas Colibri Tankah terminate the accommodation agreement.
  • If the accommodation agreement is terminated in full or in part for reasons attributable to the guest, the hotel shall charge a penalty in accordance with the provisions of Attached Table 2 (only in cases where the Casa Colibri Tankah specifies a deposit payment deadline and requests payment as stipulated in Article 3(2)and excludes cases in which the guest cancels the accommodation agreement prior to such payment. However, in the event that Casa Colibri Tankah accepts a special agreement as stipulated in Article 4(1), guests are only required to pay a penalty for terminating the accommodation agreement when they have been notified of this obligation.
  • If the guest does not arrive by 12 pm without contacting the hotel, the accommodation agreement is marked as no show. The guest will only have until 12 am to contact the hotel and the reservation deemed as cancelled by the guest. 

Article 7(The Hotel’s Right to Terminate the Accommodation Agreement)

  • Casa Colibri Tankah may terminate the accommodation agreement in the following cases. However, this paragraph does not mean that Casa Colibri Tankah may refuse accommodation for cases that are not listed in Article 5 of the Hotel Business Act.
    • When the guest is deemed likely to break the law, disrupt public order, or act contrary to public morals, or has engaged in such acts, during their stay.
    • When the guest is deemed to fall under any of the following categories(a) to(c):
      a. An organized crime group or a member, associate member, or affiliate of an organized crime group or any other antisocial force
      b. When the applicant is involved in corporations or other organizations whose operations are controlled by an organized crime group.
      c. When any of the directors of the applicant’s corporation is classified as a member of an organized crime group
    • When the guest’s behavior poses a significant nuisance to other guests.
    • When the guest is a patient of a specified infectious disease.
    • When the guest uses violence, threats, blackmail, or intimidation to make unjust or unreasonable demands against the hotel or its employees (excluding cases where the guest is requesting to eliminate social barriers pursuant to the provisions of Article 7 Paragraph 2 or Article 8 Paragraph 2 of the Act for Eliminating Discrimination against Persons with Disabilities), or is deemed to have engaged in any similar acts in the past.
    • When the guest repeatedly makes requests pursuant to the provisions of Article 5-6 of the Hotel Business Act that would impose an excessive burden and significantly hinder the provision of hotel services to the other guests.
    • When the guest cannot be accommodated due to force majeure.
    • When the guest is intoxicated, exhibits or has exhibited extremely abnormal behavior that may pose a nuisance to other guests, or in cases that fall under the provisions of prefectural ordinances.
    • When the guest smokes in bed, messes with firefighting equipment, or otherwise violates the Hotel Rules and Regulations(limited to fire-related regulations).
    • When the guest conceals the fact that they have reserved a guestroom within the hotel for the purpose of making a profit, either for themselves or for a third party, by selling goods, etc.
    • When the guest violates the Hotel Rules and Regulations stipulated in Article 10, commits any of the prohibited acts set forth in Article 11, or otherwise fails to comply with these Terms and Conditions or with rules on cancellation and payment when making a reservation.
  • When the hotel cancels the accommodation agreement in accordance with the provisions of the preceding paragraph, the guest will not be charged for services not yet provided.

Article 7-2(Explanation of Cancellation of Accommodation Contract)

In the event that the hotel cancels the accommodation contract in accordance with the preceding article, the guest may request an explanation for the reasons the cancellation.

Article 8(Guest Registration)

  • Guests must register the following information at the front desk on the day of their stay.
    • Guest name, age, gender, address, and contact telephone number 
    • Departure date and planned departure time
    • Other information deemed necessary by the hotel
  • International guests are required to present a scan or copy of their passport and register their nationality, passport number, port of entry, and immigration date in addition to the information listed above.

Article 9(Guestroom Hours)

  • Guestrooms may be used from 3 pm to 11 am the following day. However, for extended stays, guests may use the guestroom for the entire day excluding arrival and departure dates.
  • Notwithstanding the provisions of the preceding paragraph, the hotel may allow guests to use guest rooms outside the hours specified above. In doing so, the following extension fees will be charged:
    • After 12 pm and before 5 pm: 550 MXN
    • After 5 to 7 pm: Full room rate

Article 10(Compliance with the Hotel Rules and Regulations)

Guests shall comply with these Terms and Conditions as well as Rules while staying at Casa Colibri Tankah.

Article 11(Prohibited Acts)

  • Guests shall not engage in the following acts, either on their own or through the use of a third party.
    • Registering or providing false information when staying at Casa Colibri Tankah
    • Using fraudulent payment methods such as stolen credit cards when staying at Casa Colibri Tankah
    • Using Casa Colibri Tankah for business purposes without permission from the hotel
    • Mass booking followed by mass cancellation or any similar acts
    • Repeatedly making and canceling bookings without a justifiable reason, or any similar acts
    • Impersonating the hotel or the Casa Colibri Tankah group, or any act that could be mistaken for such
    • Unauthorized access of systems or computers or any similar acts
    • Sending or uploading harmful computer programs or any similar acts
    • Removal, defacing, or destroying equipment within Casa Colibri Tankah facilities, or any similar acts
    • Obstruction of business or damaging the reputation or brand of Casa Colibri Tankah by making demands that exceed socially acceptable norms, or slandering, defaming, threatening, or harassing the Hotel or its staff or posting inflammatory remarks on social networking sites, or any similar acts
    • Violence, threats, extortion, or other coercive and unreasonable demands against the hotel or its staff
    • Any acts that cause or risk causing inconvenience, damage, or disadvantage to other guests, third parties or Casa Colibri Tankah
    • Any acts that infringe or risk infringing on the copyrights, trademarks, or other intellectual property rights, privacy rights, personal rights, or any other rights of other guests, third parties, the hotel, or the hotel group
    • Acts that violate or risk violating public order or law, or any criminal acts
    • Displaying the power of an organized crime group or acts of aiding and abetting an organized crime group
    • Violation of any other provisions of these Terms and Conditions
    • Violation of any other rules in the Hotel Rules and Regulations
    • Any other acts deemed inappropriate by the hotel
  • Casa Colibri Tankah shall be entitled to claim compensation from the guest for any damages incurred as a result of the acts in the preceding paragraph.

Article 12(Hours)

  • Hours for the front desk, cashier, and other major facilities of Casa Colibri Tankah are as follows. For detailed information on hours for other facilities, please see the attached pamphlet, signs throughout the hotel, or the service directory in the guestrooms.
    • Closing time, front entrance: 24 hours/day
    • Concierge service via Whatsapp: 7 am to 9 pm
  • The hours in the preceding clause may be temporarily changed when doing so is necessary and unavoidable. The hotel shall take appropriate measures to notify guests of such changes.

Article 13(Payment of Fees)

  • A breakdown of accommodation fees to be paid by guests is listed in Appendix 1.
  • The accommodation fees in the preceding paragraph must be paid at the front desk on the day of the guest’s arrival.

Article 14(Hotel Liability)

  • Casa Colibri Tankah shall compensate the guest for any damages arising from failure to execute the accommodation agreement or its related agreements. However, this shall not apply when damages are caused by reasons not attributable to Casa Colibri Tankah.
  • The responsibility to provide guests with a room on the part of Casa Colibri Tankah starts when the guest checks in at the front desk of the hotel and ends at the checkout deadline.
  • Casa Colibri Tankah is enrolled in hotel liability insurance to protect against fire and other disasters.

Article 15(When Rooms Cannot Be Provided According to the Agreement)

  • If Casa Colibri Tankah is unable to provide a guest room according to the agreement, the hotel shall, with the understanding of the guest, strive to find accommodations at another hotel with as similar conditions as possible.
  • Notwithstanding the preceding paragraph, if Casa Colibri Tankah is unable to find other accommodations, the hotel will pay compensation equivalent to the penalty, which will be allotted to damages. However, this compensation will not be paid when inability to provide a guest room is for reasons not attributable to Casa Colibri Tankah.

Article 16(Handling of Checked Items)

  • Loss or damage to any items, cash, or valuables checked at the front desk shall be compensated by Casa Colibri Tankah, except in cases when such loss or damage is caused by force majeure. However, if the guest fails to declare the type and amount of valuables or cash when asked to do so by the hotel, the hotel will compensate a maximum of 5000 MXN.
  • Loss or damage to items, cash, or valuables not checked at the front desk shall be compensated only when such loss or damage is caused by willful misconduct or negligence on the part of Casa Colibri Tankah. However, if the guest has not declared the type and amount of such items in advance, the hotel will compensate a maximum of 5000 MXN unless the damage was caused by willful misconduct or negligence on the part of the hotel.
  • The following items cannot be checked at the front desk.
    (1) Any items or cash that are valued in excess of 50,000 MXN
    (2) Artwork and antiques
    (3) Equipment with information recording devices (computers, mobile phones, other IT equipment, etc.)
    (4) Items pertaining to personal information (client list, etc.)
    (5) Dangerous goods, bulky luggage, heavy goods, fragile items, etc., and any items the hotel deems unable to be checked at the front desk

Article 17(Storing Guest Luggage and Belongings)

  • Casa Colibri Tankah shall store guest luggage arriving before its owners only when an arrangement has been made in advance, and shall hand it to the guest during check-in.
  • In the event that luggage or personal belongings are left unattended at Casa Colibri Tankah after the guest has checked out, Casa Colibri Tankah will, in principle, wait for the owner to contact the hotel for further instructions. If the owner fails to provide instructions or if the owner is unknown, valuables and items containing personal information will be delivered to the nearest police station, while other items will be disposed of three (3) months from the date of discovery. The same shall apply to items not taken in by the police. Please be aware the food, drink, cigarettes, magazines, and other items detrimental to sanitation will be disposed of on the same day.
  • Casa Colibri Tankah reserves the right to inspect the contents of any luggage or personal belongings that are left unattended to appropriately handle them.
  • Liability on the part of Casa Colibri Tankah for guest luggage or belongings of the preceding Paragraphs shall be governed by Article 16 Paragraph 1 in the case of Paragraph 1, and by Article 16 Paragraph 2 in the case of Paragraphs 2 and 3 .

Article 18(Housekeeping)

  • When a guest stays in the same room for two or more consecutive nights, housekeeping will be performed every day.
  • Even if we receive a request stating that housekeeping is not required, housekeeping will be performed every second night to maintain sanitary conditions. However, Casa Colibri Tankah retains the right to clean guest rooms at any time if it is deemed necessary. Guest rooms may also be entered on days other than cleaning days for maintenance, legal inspections, and emergencies.
  • The guest shall not be able to refuse the housekeeping set forth in the preceding paragraph.

Article 19(Computer Networks)

  • Guests shall use computer networks at the hotel at their own risk. Service may be interrupted or terminated due to system failure or other reasons without prior notice. Casa Colibri Tankah shall not be liable for any loss or damage incurred as a result of service interruption due to system failure or any other reason when using computer networks.
  • If the guest uses hotel computer networks in a way deemed inappropriate by Casa Colibri Tankah that may cause or has actually caused damages, the hotel will demand that the guest cease use immediately and compensate for any damages incurred.

Article 20(Parking Liability)

Casa Colibri Tankah consents to let guests park their vehicles in the parking space when a guest uses the hotel parking lot, regardless of whether the guest has deposited the keys with the hotel, and Casa Colibri shall not be held liable for management of the vehicle. However, Casa Colibri Tankah shall be liable for compensation for any damage caused by willful misconduct or negligence in managing the parking lot.

Article 21(Guest Liability)

The guest shall compensate Casa Colibri Tankah for any damages to the hotel caused by willful misconduct or negligence on the part of the guest(including but not limited to facility repair costs and lost sales opportunities).

Article 22(Exemptions)

Casa Colibri Tankah shall be exempt from liability when an exemption set forth in these Terms and Conditions or the Rules and Regulations applies.

Article 23(Reporting to the Authorities)

  • Should a guest’s violation of these Terms and Conditions or other Rules warrant protection of the rights, property, or services of the hotel or another guest, Casa Colibri Tankah will notify the police and other relevant authorities or otherwise take appropriate measures.
  • Should Casa Colibri Tankah deem that a guest’s health or life be in serious danger, the hotel may call an ambulance, regardless of the guest’s will.

Article 24(Changes to the Agreement)

  • These Terms and Conditions are subject to change without notice. Check the official website for the latest information.
  • Use of Casas Colibri Tankah by the guest after changes to these Terms and Conditions constitutes consent to the amended agreement.
  • Notwithstanding the preceding paragraph, the provisions prior to the change shall apply to accommodation agreements concluded prior to the change of these Terms and Conditions.

Article 25(Severability)

  • Even when a portion of these Terms and Conditions or other Rules is deemed legally invalid, the remaining provisions shall remain valid.
  • Even when a portion of these Terms and Conditions or other Rules is deemed invalid or revoked in relation to a particular guest, the Terms and Conditions and other Rules shall remain valid for all other guests.

Article 26(Preferred Language)

The English version of these Terms and Conditions and other Rules shall be the original document. Even when translations are provided to guests for reference, only the original English document shall be contractually valid, and the translated document shall have no validity whatsoever.

Article 27(Good Faith Negotiation)

Casa Colibri Tankah and the guest shall negotiate in good faith to resolve any problems arising in connection with use of Casa Colibri Tankah that cannot be resolved under these Terms and Conditions.

Article 28(Governing Law and Court of Jurisdiction)

  • The accommodation agreement between Casa Colibri Tankah and the guest shall be governed by the laws of Mexico.
  • The Quintana Roo District Court have exclusive jurisdiction in the first instance over any disputes(including court mediation procedures)regarding the accommodation agreement between the hotel and the guest.

Appendix 1. Breakdown of Accommodation Fees(Related to Articles 2(1)and 12(1))

 

Breakdown

Total Amount Payable

Room Rate

(1)Basic accommodation fee(room rate(and room rate + breakfast or meal fees))

Additional Fees

(2)Massages and Tours(excluding those in(1))

Taxes

a. Consumption tax

b. Accordance tax(based on prefectural ordinance)

Appendix 2. Penalties(as per Article 6 Paragraph 2)…for Hotel

Date that notice of cancellation was received

No show

Same day

Previous day

Penalty Rates

100%

100%

100%

Notes

  • Percentages are the ratio of the penalty charge to the basic accommodation fee.
  • If the length of stay is shortened from the original agreement, the hotel shall charge a penalty of one day(the first day), regardless of the number of days the length of stay was shortened.
  • A separate penalty policy established by the hotel may apply to agreements for group plans(15 or more guests)or accommodation plans sold online. In such cases, the applicable penalty policy shall prevail over these Terms and Conditions.

<Hotel Rules and Regulation>

We ask that guests abide by these Hotel Rules and Regulations to ensure that the hotel remains a public space and to ensure the safety and comfort of our guests (including daytime guests using rooms for teleworking, etc.; the same shall apply hereinafter). Guests who fail to abide by these rules may be refused further lodging or use of the hotel’s facilities. Such guests may also be asked to pay for any damage caused to fixtures or equipment within the hotel.

 

<Prohibited Actions>

  • Do not use guest rooms for purposes other than lodging without permission from Casa Colibri Tankah.
  • Do not use open flames for heating or cooking in the guest rooms, corridors, or other common areas.
  • Do not smoke in non-smoking rooms (including smoking with e-cigarettes, heat-not-burn-tobacco, etc.). If smoking or cigarette butts are found in anon-smoking room, we will charge to the guest 2000 MXN as room cleaning fee and room damage compensation in addition to the room charge. Do not smoke in bed or other areas prone to catching fire, even when staying in a smoking room.
  • Use the parking area and front gardens to meet with outside visitors. Do not invite outside visitors into your guest room.
  • Do not move equipment or fixtures within the hotel or guest rooms from their designated locations without reason.
  • Do not change or modify the current state of equipment within the hotel or guest rooms without permission.
  • Do not enter storage rooms, machinery rooms, emergency stairs (except during emergencies), or other staff-only areas.
  • Do not bring the following items into the hotel:
    a. Dogs (excluding assistance dogs for the disabled), cats, birds, and other animals, or pets in general
    b. Items that emit a foul or strong odor
    c. Excessively heavy objects or an excessive amount of objects
    d. Guns, swords, or other weapons
    e. Explosives, volatile oils, or other items that are flammable or easily ignited
    f. Other items deemed a threat to the safety of other guests
  • Do not shout, sing, act in a way that causes powerful shaking or a commotion, or otherwise pose a nuisance or cause discomfort to other guests.
  • Do not engage in any gambling, immoral acts, or acts that disrupt public safety within Casa Colibri Tankah or guest rooms.
  • Do not distribute advertisements or promotional materials, sell goods, or conduct business without permission.
  • Do not distribute leaflets, petition for signatures, engage in political or religious activities, hold meetings, display group or organizational power, or aid or abet such activities without permission.
  • Do not bring or park propaganda trucks, modified cars, or any other style of vehicle that the hotel deems may cause discomfort or inconvenience to other guests.
  • Do not leave personal belongings in the corridor or lobby without notifying Casa Colibri Tankah.
  • Photography or filming that may pose a nuisance to other guests within Casa Colibri Tankah is strictly prohibited.
  • Do not photograph or film the inside of Casa Colibri Tankah for business purposes without permission from the hotel.
  • Assault, injury, threats, extortion, fraud, obstruction of business, unreasonable demands through intimidation, and any similar acts are prohibited.
  • Do not engage in any other acts deemed inappropriate by Casa Colibri Tankah.

 

<Precautions>

  • As a general rule, items left with the hotel will be disposed of within three (3) months of the date of deposit unless otherwise specified.
  • As a general rule, the hotel waits for contact from the owner regarding instructions on what to do with lost or found items. If the owner fails to provide instructions or if the owner is unknown, valuables and items containing personal information will be delivered to the nearest police station, while other items will be disposed of three (3) months from the date of discovery. Please be aware the food, drink, cigarettes, magazines, and other items detrimental to sanitation will be disposed of on the same day.
  • Even if we receive a request stating that housekeeping is not required, housekeeping will be performed every second night to maintain sanitary conditions. However, the hotel retains the right to clean guest rooms at any time if it is deemed necessary. Guest rooms may also be entered on days other than cleaning days for maintenance, legal inspections, and emergencies.
  • Should a guest’s behavior warrant protection of the rights, property, or services of Casa Colibri Tankah or another guest, Casa Colibri Tankah will notify the police and other relevant authorities or otherwise take appropriate measures.
  • Should the hotel deem that a guest’s health or life be in serious danger, the hotel may call an ambulance, regardless of the guest’s will.
  • If you lose your room key and cannot find it by the checkout time, 400 MXN will be charged to issue a new one.  
  • An external line will only be connected to a room if the guest’s name and room number match. If you have any special requests regarding call handling, please inform the front desk in advance.

 

<Refusal of Service>

  • Service will be refused to the following organizations and individuals:
    a. Organized crime groups and their members, affiliates, or any other persons involved in organized crime
    b. Individuals involved in corporations or other organizations whose operations are controlled by an organized crime group.
    c. Antisocial forces and their members and affiliates
  • Individuals who, due to diminished capacity or drug use, are unable to ensure their own safety and pose a risk or cause fear or discomfort to other guests.
  • Individuals who fail to immediately cease any of the aforementioned prohibited acts after receiving a warning from Casa Colibri Tankah.