Bookings and Payment

• Once you approve the itinerary you must proceed with a deposit to book and confirm your trip.
• The deposit must be the 50% of the total for your travel services which cover Mexcal Travel services and allow us to assign date and time to our vehicles. You can make the deposit with a Bank Transference or Western Union
• The remaining 50% that covers third party services you can pay it at least 48 hours before arrival or with your VISA credit card when you arrive (only if you arrive at least 24 hours before your itinerary departure time), but please keep in mind that visa has a 6% extra charge per transaction. So we recommend that you make the 2nd deposit with a bank transference at least 48 hours before your trip departure or in any other case you can pay us in cash, in US Dollars or Quetzales at Arrival.
• Please keep in mind that we do not do refunds bigger than the 75% and that in any case of cancelation we will keep a 25% to cover our time and any expenses these procedure costed us.

Hotels

Mexcal has special agreements with all the hotels we work with, when we send you a trip itinerary and you choose to book it, the hotels availability, reservations or bookings will be made previous to your payment or 50% deposit. In order to book your trip with us, you must send us an email to: info@mexcaltravel.com indicating that you accept the itinerary table suggested as it is and that you want to proceed with the trip booking confirmation and payment, also indicating that you are ready to pay the 50% deposit of the total or the total cost of the travel services Mexcal is offering to you.

Vehicles

All the vehicles we used are own by Mexcal and all of them count with the permitions required by the law to provide the transportation services as displayed in your trip itinerary. All vehicles count with air conditioning, optimal mechanical conditions and insurance. But you must understand that we required that you have a health and travel insurance while traveling with us, as you are booking on your own risk and we do not cover you in case of any accident or healt problem you might have while traveling with Mexcal.

Cancellations

The cancelation of this trip must be done at least 7 days before the departure date and time of the trip, this most be done via e-mail and at the moment of the cancelation the customer most show evidence of the cacelation reason and the e-mail sent to Mexcal to proceed or start with cancelation process. At the moment of the cancelation the customer most understand that we will not refund more than the 60% of the total price of the trip or service booked if the trip was paid in total, if the customer did not pay the total of the services requested, in the case the deposit given by the customer to confirm his trip was 50% or less of the total for the services booked according to the itinerary offered the customer will not get any refund , this because of: Reservations, operations,comunications and any other expenses that Mexcal has done for the services requested by the customer. If the cancelation is not done under the conditions above mentioned there will not be any refund.

I have read this document and understand the conditions under which I will be traveling with Mexcal, also I understand the inclusions and exclusions on the trip Itinerary or service requested as described on the itinerary table that Mexcal did pro
vide to me when I confirmed my participation on this trip, I accept all the conditions above mention and I confirm it with my signature.

Damage to vehicles, private property or third person´s belongings

In the case that one of the participants destroys or damage vehicles, hotel´s property, other participants property, private property, rented gear or provided gear by Mexcal or any other tour operator or services involved on the trip itinerary, Etc, the participant will be responsible for the act and he/she will have to repair or replace the damaged object, and in the case that the participant denies to comply with this responsibility he/she will not be allowed to continue traveling with the group and will have to understand that he/she will be responsible as well for the effects of the law and that Mexcal will not represent, assist or be held responsible by any participant´s bad behavior or for any act of destruction or damage. It is also important to mention that there will not be refunds of any nature and that Mexcal will act this way to protect the safety of the traveling group, staff, equipment, gear vehicles, respect to the law, and the identity as reputation of the company.

Travel Conditions

Is very important to mention that because of natural causes or incidents on the way there might be delays and changes on the trip, due to situations out of our hands. We expect the participants to cooperate in case of any of these events while our tour leader and Mexcal or the representative of the company in charge of the service solves the situation. In the case that the health condition or human integrity of the traveler is at risk and the traveller does not have travel or health insurance, he/she most understand that he/she is travelling at her/his own risk. A Mexcal representative will assist the participant affected to hire the proper services as the situation requires but will not provide any kind of economical assistance or pay for any of the services. The traveler must understand that Mexcal is released from any responsibility in these cases and it must be clear that we recommend that travelers hire the insurance services to have the medical services covered in the case that they are needed. For safety reasons all of our travelers must understand that we do not recommend to be on the road after 8:00 pm this due to the road conditions and other dangers and annoyances and in order to allow us to offer you a comfortable and safe trip you must understand that every single trip we offer has a schedule and it needs to be followed as the trip itinerary and time table shows, on this way we can accomplish the itinerary and avoid to make other participants in the tour wait for us or break the itinerary logistics. All of our participants must carry with them a photo ID or passport copy, according to the law you have to be able to identify yourself otherwise there could be legal penalties, also you must carry a copy of your travel and medical insurance. You must provide to Mexcal enough information to contact your family or any person close to you that can provide help from your home country in case of emergency.

Respect to the Law

Mexcal will not be responsible for any illegal act by any of the participants. Every participant must understand that in the case that he/she breaks the law she/he will be responsible for the consequences according to the law. Mexcal will not be held responsible in any way in these cases. Also if any participant breaks the law or puts the safety of the other participants or staff of the company at risk the participant will not be allowed to continue traveling with Mexcal and automatically will be evicted from the trip, and must understand that there will not be a refund for the money paid for this trip and that Mexcal will not represent him/her in any way and will not provide any type of assistance to the law breaker in any case.

Activities:

Before starting your trip, you must understand that activities including but not limited to: volcano hiking, surfing, kayaking, rock climbing, horseback riding, white water rafting, motorbike rental or activities, mountain bike tours, caving, sky diving, diving, snorkelling and parachuting, transportation and other activities on this itinerary as well as other activities arranged by participants or with the assistance of Mexcal, must be accepted by the participants understanding that there is risk of physical injury, death, or material losses, and it must be clear for the participants that Mexcal is not responsible for any consequence caused by these activities or services and due to that we highly recommend that you have a travel and health insurance so we can better assist you in the case of any incident.

 

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Private Flights:

1. DEFINITIONS

In these Standard Charter Terms unless the context otherwise requires:-

• “Agreement” means these Standard Charter Terms, the Charter Contract and any Special Conditions.
• “Aircraft” means any aircraft (including helicopters) operated in connection with any Flight.
• “Charter Price” means the total amount set out in Mexcal invoice(s) issued in respect of a single Agreement (which includes Mexcal’s fee for facilitating an Agreement.).
• “Flight” means a flight described in a Charter Contract.
• “Charter Contract” means the online confirmation issued to the Charterer by www.mexcaltravel.com confirming an aircraft charter and Flight details.
• “Mexcal Travel” means Mexcal Travel a Guatemalan registered company having its registered office at Antigua Guatemala (and headquarters in Milpas Altas Sacatepequez).
• “Mexcal Travel Exchange Rate” means the midpoint rate as published on www.corporacionbi.com, plus a 2% currency administration fee.
• “Mexcal Travel Members” those persons who subscribe to use the services of Mexcal Travel as are made available through www.mexcaltravel.com or through any mobile application made available by Mexcal Travel from time to time.
• “Mexcal Travel Tender Process” means the online process by which the Charterer submits a request for fulfilment of a Flight requirement. This is then responded to by one or more Aircraft Operators who can fulfil the Charterer’s itinerary requirements, submitting a quotation together with details of any Special Conditions or Charterer requirements.
• “Special Conditions” means those variations to the Standard Charter Terms upon which the Carrier will perform the Flight for the Charterer and which, in the event of inconsistency with these Standard Charter Terms, take precedence as between the Parties.

2. CHARTER

2.1 The Carrier shall make available to the Charterer the Aircraft as specified in a Charter Contract and the Charterer shall take the Aircraft on charter from the Carrier upon the terms and conditions of an Agreement (including any Special Conditions which have been notified to the Charterer by the Carrier during the Mexcal Travel Tender Process).

3. CANCELLATION

If the Charterer wishes to cancel any Flight(s) after confirmation of the related Agreement, the following rates will be paid immediately by the Charterer to Mexcal Travel as agreed compensation for such cancellation:

• 50% of the Charter Price if cancelled after completion of an Agreement;
• 100% of the Charter Price if cancelled within 2 weeks of the scheduled departure time as set out in a Charter Contract.

 

4. CHARTER PRICE AND PAYMENT

4.1 Mexcal Travel offers a payment gateway from BAC (Banco de America Central – Guatemala). The Charterer shall pay Mexcal Travel the Charter Price at the time, in the amount, currency and to the bank account specified in accordance with the provisions set out therefore in a Charter Contract.

4.2 The Charter Price is based on aviation fuel costs calculated on the Booking Date. If, for any reason whatsoever there shall be any increase in the cost of aviation fuel between the Booking Date and the date of operation of any Flight, then the Charterer shall, if so required by the Carrier, pay Mexcal Travel on demand such amount as shall fully compensate the Carrier for such increase in costs.

4.3 If for any reason payment of the Charter Price or any instalment thereof shall not be made on the due date then the Charterer shall pay to the Carrier interest on the amount unpaid at the rate of 6 % per annum above the base rate for the time being of Banco de America Central “BAC”, calculated on a daily basis from the due date until the date of payment (both before and after judgement), compounded monthly. In the event of non payment we have the right to demand payment of all legal fees, court fees and recovery fees incurred.

4.4 The Charter Price is agreed in the currency shown on the Charter Contract. On request from the Charterer Mexcal Travel in its sole discretion may elect to accept settlement of the price in either in GTQ ” Guatemalan Quetzal or US Dollars . On request, a new invoice will be issued to the Charterer, converting the Charter Price using the Mexcal Travel Exchange Rate on the date of issue of the invoice. If immediate payment is not received then Mexcal Travel reserves the right to recalculate the conversion of the Charter Price into the Charterer’s requested currency at the date of payment, and issue a revised and/or further invoice for any additional amounts outstanding at the date of payment. All such invoices issued under an Agreement shall evidence the “Charter Price” of that Agreement and are subject to these Standard Charter Terms.

4.5 Payment of the Charter Price shall be made directly to the account specified by Mexcal Travel which is authorised to accept payment on behalf of the Carrier and received in cleared funds in such account. Full payment must be received on receipt of invoice to secure the aircraft (unless otherwise specified). At the request and cost of the Charterer, Mexcal Travel can arrange for prepaid sums to be placed on hold in an escrow account. Time shall be of the essence for payment of the Charter Price and any other sums under any Agreement.

4.6 No set-off or counterclaim (whether arising in respect of an Agreement or any other carriage) shall entitle the Charterer to withhold payment of any sums whatsoever payable under or by reason of an Agreement.

4.7 The Charterer shall be responsible for reimbursing the Carrier on demand in respect of any de-icing costs incurred in connection with the performance of an Agreement. For a fee additional to the Charter Price, the Charterer may obtain a de-icing waiver through Mexcal Travel Further details of de-icing waivers made available through Mexcal Travel are available here: (pending to add).

If the Charterer does not purchase a de-icing waiver, Mexcal Travel shall implement a credit card hold of the approximate cost of the de-icing. The customer will be informed before the flight of the credit card hold amount. This credit card hold shall be released on full settlement of the related outstanding invoice in respect of an Agreement by Charterer in accordance with these Standard Charter Terms. If the Charterer fails to make such settlement, the Charterer agrees that Mexcal Travel shall be entitled to request payment of the sum on hold from the Charterer’s credit card.

4.8 In the event that the Charterer requests a change in routing or any other significant change (for example flight time change, passenger manifest change, change of airport or additional flight requirements) in respect of one or more Flights being undertaken by the Carrier under an Agreement and such requests are accommodated by the Carrier (which shall be at the Carrier’s sole discretion), Mexcal Travel will issue an amended or replacement Flight Confirmation and the Charterer will pay on demand any additional costs set out therein.

4.9 Mexcal Travel offers www.mexcaltravel.com as an Aircraft charter booking platform and Mexcal Travel acts as a facilitator for Aircraft Operators. Mexcal Travel deducts from the Charter Price a facilitation fee before remitting funds received from the Charterer to the Carrier.

4.10 Payment of sums due under these Standard Charter Terms may be made by credit or debit card. The EU payments services directive came into effect on the 13th January 2018, due to the complex nature of applying the regulation to a global business we reserve the right to continue to levy credit card surcharge fees on all credit and debit card payments, for any cards eligible under the EU Payments services directive the surcharge will be fully refunded within 7-10 working days once the eligibility can be verified. Debit and credit card charges are not refundable in the event of: (a)cancellation of Flight(s) or an Agreement, and/or (b) refund of pre-authorised payments taken by Mexcal Travel from the Charterer’s credit card pursuant to clause 4.13.

4.11 If the Carrier is unable to perform a Flight in accordance with a Flight Confirmation due to an Aircraft technical failure, Mexcal Travel shall use its reasonable commercial endeavours to find a suitable replacement Aircraft and shall disclose any extra costs to the Charterer. If Mexcal Travel’s efforts are successful, but the Charterer elects not to accept the replacement Aircraft found by Mexcal Travel , Mexcal Travel shall be entitled to retain all sums due to it under these Standard Charter Terms (including Mexcal Travel’s fee for facilitating an Agreement) had the Charterer accepted the replacement Aircraft. If Mexcal Travel’s efforts are unsuccessful, the Charterer’s sole remedy shall be a full refund of the Charter Price (less Mexcal Travel’s fee for facilitating an Agreement) in respect of that part of any Charter Contract which cannot be fulfilled due to Aircraft unavailability. Any such refund which relates to a partial cancellation of an Agreement shall be calculated on a pro rata basis as follows: percentage of total Charter Price (less Mexcal Travel’s fee for facilitating an Agreement) to be repaid shall equal the percentage of total flight hours under the Charter Contract which will not be flown due to unavailability of the Aircraft. For example, if 7 flight hours of a total of 28 flight hours chartered were unavailable, the Charterer would be due a refund of 25% of the Charter Price (less Mexcal Travel’s fee for facilitating an Agreement).

4.12 Unless agreed in advance of the Flight, WiFi charges are not included within the Charter Price. Any charges by the Carrier for WiFi used, that was not included in the Charter Agreement will be passed onto the Charterer to be paid on receipt of invoice.

4.13 If the Charterer pays the Charter Price by bank transfer within 2 weeks of the proposed date of the Flight, thenthe Charterer shall additionally provide to Mexcal Travel credit card details using which Mexcal Travel may complete pre-authorisation of the relevant Charter Price plus the 4% transaction fee payable pursuant to clause 4.10. If: (a) therelevant payment by bank transfer is not received by Mexcal Travel’s bank within 3 working days (being any day other than a Saturday, Sunday, or public holiday when banks are generally open for normal business in London) after the Booking Date, or (b) the Charterer requests that Mexcal Travel takes the relevant payment by credit card, then the pre-authorised payment of the Charter Price plus the 4% transaction fee will be taken from the Charterer’s card. If a bank transfer is received by or on behalf of Mexcal Travel after Mexcal Travel has taken the relevant pre-authorised sums from the Charterer’scredit card, then (at the election of the Charterer) either: (i) the bank transfer will be refunded to the Charterer, or (ii) the pre-authorised payment will be refunded to the Charterer’s credit card (less the 4% transaction fee paid pursuant to clause 4.10 and any fees or charges levied on Mexcal Travel in connection with refunding such pre-authorised credit card payment).

4.14 Flight bookings are based on internationally recognised ICAO (4 letter) and IATA (3 letter) airport codes and not by airport names which are subject to change and interpretation.

5. AIRCRAFT AND CREW

5.1 The Carrier shall be responsible for providing the Aircraft at the scheduled commencement of the Flight in a condition such that it is properly manned and equipped, fuelled and airworthy in accordance with the laws and regulations of the state of registration of the Aircraft. The Aircraft shall be operated by the Carrier in accordance with all applicable laws and regulations during the period of the Flight(s).

5.2 Subject to its general operational requirements, the Carrier shall use its reasonable endeavours to:

5.2.1 have Aircraft and operating personnel, including cabin staff ready to fly no later than thirty minutes prior to the Flight departure time set out in a Charter Contract;

5.2.2 have an operating personnel member available to meet passengers at entrance to airport, FBO or agreed meeting point; and

5.2.3 have an operating personnel member available to escort customers to their onward transport post disembarking a flight on arrival at destination

5.3 Mexcal Travel shall use its reasonable endeavours to:

5.3.1 respond promptly to any Charterer communication and

5.3.2 inform Charterers as soon as reasonably practicable on becoming aware of possible delay for any reason to a Flight schedule. Mexcal Travel’s highest priority is flight safety. As such, the captain of the Aircraft shall have complete discretion concerning preparation of the Aircraft for flight, whether a Flight shall be undertaken and/or whether a Flight is to be abandoned once undertaken. The Charterer shall accept as final and binding all decisions of the captain on all matters relating to the operation of the Aircraft, including any deviation from proposed route or where landing shall be made.

5.4 All ground and operating personnel, including cabin staff, are authorised to take orders from the Carrier only unless specific written agreement shall first have been obtained from the Carrier whereby certain defined instructions may be accepted by such personnel from the Charterer.

5.5 All Aircraft are designated non-smoking, unless confirmed to the Charterer in writing before the Flight. If smoking takes place on an Aircraft, the Charterer will be liable for all associated cleaning costs charged by the Carrier.

6. TRAFFIC DOCUMENTS

When required, the Carrier shall supply or procure all necessary documents relating to the carriage and Flight undertaken pursuant to an Agreement. The Charterer shall give Mexcal Travel all necessary information and assistance to complete such documents as soon as possible after the making of an Agreement and, in any event, in sufficient time to be completed for issue to passengers.

7. FLIGHT TIMES, LOADING AND EMBARKATION

7.1 The Charterer shall be solely responsible for ensuring that passengers and their baggage arrive at the specified check-in point at the departure airport in sufficient time to be carried on any Flight. In the event that any passenger of the Charterer fails to arrive in sufficient time to be carried on the Flight the Carrier shall be under no liability whatsoever to the Charterer or to such passenger. The Carrier shall be under no obligation to make any alternative arrangements for any such passenger. If the Carrier, in its sole discretion, arranges for any such passenger to be carried on a later flight, the Charterer shall pay on demand to the Carrier or to Mexcal Travel (as duly authorised to receive payments for the Carrier) such additional sum that the Carrier may specify for each such passenger to cover applicable passenger taxes and the administrative costs of the Carrier thereby incurred.

7.2 In the event of any delay (other than any delay for technical reasons the responsibility for which shall lie with the Carrier) deviation or diversion of any Flight, the Charterer shall be solely responsible for any and all accommodation, refreshments, meals, transportation or any other additional costs, expenses, losses, damages or liabilities of whatsoever nature incurred in respect of the Charterer’s passengers wherever and howsoever the same shall arise. All such costs, expenses, losses, damages or liabilities incurred by the Carrier shall be reimbursed by the Charterer to the Carrier on demand.

7.3 In the event that any passenger of the Charterer is refused entry at any destination airport, the Charterer shall indemnify and keep indemnified the Carrier, its officers, employees, servants and agents against any and all cost or expense whatsoever incurred by the Carrier in respect of that refusal (including but not limited to charges, fee, penalties, imposts or other expenses levied upon the Carrier or Mexcal Travel by any immigration authority) and , in addition, all cost or expense incurred by the Carrier for any arrangements made by the Carrier to return such passengers to the country from which such passenger was originally carried.

7.4 Flights can only be confirmed once full payment has been received. Final cost of Flights is also subject to all crew availability, international overflight permits, airport slots and airport parking being in place and non-availability at any time may result in an increase in price of the charter.

8. OBLIGATIONS OF THE CHARTERER

8.1 The Charterer shall comply with all the requirements of the Carrier in relation to the performance of all of the Charterer’s obligations as set out in an Agreement.

8.2 The Charterer shall hold harmless and indemnify the Carrier and/or Mexcal Travel (as applicable) from and against all claims, demands, liabilities, actions, proceedings and costs of any kind whatsoever arising from any default on the part of the Charterer or any passenger of the Charterer in complying with any of the provisions of an Agreement.

8.3 The Charterer shall comply in all respects with the conditions of all permits, licences and authorities granted for the Flights and will procure such compliance on the part of all its passengers (including pets).

8.4 The Charterer shall be responsible for the issue and delivery of all necessary passenger tickets, baggage checks and other necessary documents to all passengers.

8.5 The Charterer shall comply and shall procure that all its passengers (including pets) shall comply with all applicable customs, police, public health, immigration and other lawful regulation of any state, region or country to/from or over which the Aircraft is or may be flown.

9. EXCLUSION OF LIABILITY/INDEMNITY

9.1 The Carrier shall be under no liability to the Charterer for any failure by it to perform its obligations under an Agreement arising from force majeure, labour disputes or strikes of any kind (including those of Carrier personnel) or lock-outs or any other cause beyond the control of the Carrier including accidents to or failure of the Aircraft engines, or any other part thereof or any machinery or apparatus used in connection therewith.

9.2 The Charterer shall indemnify the Carrier against any loss, damage, liabilities, costs or expenses of whatsoever nature caused to be suffered or incurred by the Carrier and its officers, employees agents or subcontractors arising out of any act or omission of the Charterer or its officers, employees or agents whether arising in contract or tort (including negligence) or otherwise.

9.3 The Carrier shall not be deemed to undertake any carriage to which an Agreement relates as a common carrier.

9.4 Carriage performed under a Charter Contract shall be subject to the conditions of carriage contained or referred to in the traffic documents of the Carrier including its applicable ‘General Conditions of Carriage’.

9.5 The indemnities contained in these Standard Charter Terms shall survive the termination of any Agreement.

10. TERMINATION

10.1 Each Agreement may be terminated immediately upon written notice from Mexcal Travel or the Carrier if the Charterer:

10.1.1 defaults in the payment of any amount payable hereunder on due date; or

10.1.2 behaves in a manner which in the reasonable opinion of Mexcal Travel is likely to bring Mexcal Travel into disrepute or otherwise to compromise or adversely affect the reputation and standing of Mexcal Travel.

11. EFFECT OF DEFAULT

11.1 If an Agreement is terminated, then the Charterer shall (without prejudice to any other rights and remedies which the Carrier may have) pay forthwith to Mexcal Travel, as payment gateway for the Carrier, all amounts then due and unpaid to the Carrier hereunder, together with interest thereon (if any) and the Charterer shall indemnify and keep the Carrier indemnified against all loss, damage, costs, expense, claim or liability incurred or sustained by the Carrier as a result of such termination and the Carrier shall be entitled to retain any initial deposit paid by the Charterer.

11.2 The Charterer shall indemnify the Carrier against any claims by any passenger of the Charterer arising out of the termination of an Agreement.

12. SET-OFF AND APPLICATION OF MONEYS

Only Mexcal Travel, as payment gateway for the Carrier, may at any time without notice to the Charterer at its discretion set-off any amounts paid by the Charterer to the Carrier and/or Mexcal Travel hereunder against any amounts then due to the Carrier and/or Mexcal Travel under an Agreement or against any amount otherwise due at such time from the Charterer to the Carrier and/or Mexcal Travel.

13. GENERAL

13.1 Any notice required to be given under an Agreement shall be in writing and shall be deemed duly given if left at or sent by first class post, email or facsimile message to the address herein stated of the party to whom it is to be given. Any such notice shall be deemed to be served at the time when the same is handed to or left at the address of the party to be served and if served by post on the day (not being a Sunday or Public Holiday) next following the day of posting or if served by email or facsimile message upon the day such message is sent.

13.2 Time shall be of the essence in respect of the Charterer’s performance of its obligations under any Agreement.

13.3 Each Agreement sets out the entire agreement and understanding between the parties or any of them in connection with the charter of the aircraft as described herein.

13.4 No party has relied on any warranty or representation of any other party except as expressly stated or referred to in an Agreement. The Carrier expressly disclaims all implied warranties, obligations and liabilities arising by law or otherwise, with respect to the Flights including without limitation any (a) implied warranty of merchantability or fitness for a particular purpose; (b) implied warranty arising from course of performance, course of dealing or usage of trade; or (c) implied warranty of noninfringement.

13.5 No claims shall be made against the Carrier in respect of any representation warranty indemnity or otherwise arising out of or in connection with the charter of the aircraft except where such representation, warranty or indemnity is expressly contained or incorporated in an Agreement.

13.6 No variation of an Agreement shall be effective unless made in writing and signed by both parties.

13.7 The Charter Price, payment terms and other commercial terms contained in each Agreement are confidential to the parties and may not be disclosed to third parties without prior approval.

13.8 No failure by the Carrier to exercise and no delay by the Carrier in exercising any right, power of privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies provided by law.

13.9 The Charterer shall not be entitled to assign the benefit of any Agreement.

13.10 Each Agreement shall be governed by and interpreted in accordance with English law and the parties hereto hereby submit to the non-exclusive jurisdiction of the English Court.

13.11 Charter Contracts (including any Special Terms) may be executed:

13.11.1 electronically (using electronic signature, advanced electronic signature, email, or otherwise) or by physical (written) signature of the relevant Charter Contract and/or Special Terms (as applicable). If the Charter Contract and/or Special Terms (as applicable) is executed electronically, the Charterer and Mexcal Travel each hereby irrevocably consent to such Charter Contract or Special Terms (as applicable) being communicated, presented, and retained (wholly or partly) in electronic form; and

13.11.2 in any number of counterparts, including electronic counterparts, each of which (including electronic counterparts) will be an original but all of which together will constitute one and the same instrument. No counterpart (including electronic counterparts) shall be effective until each of the Charterer and Mexcal Travel has executed at least one counterpart.

14. MEXCAL TRAVEL PRIZE DRAWS

14.1 These terms and conditions apply to any Prize Draws that Mexcal Travel runs on its social media and other channels, unless otherwise stated in the promotion.

14.2 The promoter of the Prize Draw is Mexcal Travel, Guatemalan registered company according to the law. Any queries or correspondence relating to Mexcal Travel Prize Draws (including names of winners) should be sent to this address with a stamped self-addressed envelope.

14.3 Entrants to a Prize Draw must be aged 16 or over unless otherwise specified. Employees or agencies of Mexcal Travel Ltd, its group companies or their family members, or anyone else connected with the Prize Draw may not enter Mexcal Travel Prize Draws.

14.4 Only one entry per person is allowed. Only one entry per Twitter or Facebook username will be entered in the Prize Draw, unless otherwise stated.

14.5 For social media prize draws an entry must comply with the instructions that Mexcal Travel will include in the message that launches the Prize Draw. For example, you may need to like the page, or follow one or more of the specified Mexcal Travel channels (including but not limited to @MexcalTravel , www.mexcaltravel.com or Facebook: https://www.facebook.com/MexcalTravelAmerica/ ), or you may be asked a simple question or to post a reply.

14.6 The Prize for the Prize Draw will be described in the launch message and on any other accompanying content used to promote that particular Prize Draw and campaign.

14.7 Prize Draw dates, closing dates and times, and notification dates will be set out in the launch message and other accompanying content used to promote that particular Prize Draw and campaign. The Prize Draw will run during the dates specified until the specified closing date and time. All entries received after this point will not be entered into the Prize Draw.

14.8 The specific instructions in the launch message and accompanying message for the Prize Draw form part of the Terms of Conditions of the Prize Draw. Should there be any conflict, these Terms and Conditions take precedence.

14.9 Mexcal Travel  reserves the right to verify the eligibility of entrants, and may require information to verify the eligibility of an entry. The Prize may be withheld until Mexcal Travel is satisfied with the verification.

14.10 The winner(s) of the Prize Draw will be selected at random from all eligible entries that are received before the closing date and time. The winner(s) will be notified by Mexcal Travel within a reasonable time after the closing date, via the details given at entry. This will comply with each social media’s promotional rules.

14.11 Winner(s) may be required to participate in publicity connected with the Prize Draw. It is a condition of entry that the winner(s) agree to their name and country of residence being published.

14.12 The Prize is as stated, is not transferable and no cash alternative will be offered. Mexcal Travel reserves the right to provide a substitute prize of equivalent value. If Mexcal Travel is unable to contact the winner(s) within 28 days of the initial notification then the prize will be deemed unclaimed and a new winner(s) may be drawn, at random.

14.13 Mexcal Travel reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, Prize Draws with or without prior notice due to reasons outside its reasonable control (including, without limitation, in the case of anticipated, suspected or actual fraud). The decision of Mexcal Travel in all matters relating to Prize Draws is final and binding and no correspondence will be entered into.

14.14 The Prize Draw and these terms and conditions will be governed by Guatemalan law and entrants to the Competition submit to the exclusive jurisdiction of the Guatemalan courts.