These Terms and Conditions are applicable to any person (the “Customer”) who books a tasting of Casa Dragones’ products (the “Reservation”) in the Casa Dragones Tasting Room located within Doce-18 showroom at Relox 18, Centro, Zona Centro 37700 San Miguel de Allende, Guanajuato, Mexico (the “Tasting Room”), Áperi located at Quebrada 101, Zona Centro, 37700 San Miguel de Allende, Gto, (“Áperi”), Bekeb located at Mesones 14, Zona Centro, 37700 San Miguel de Allende, Gto (“Bekeb”), Moxi & The Monkey Bar located at Hotel Matilda en la calle Aldama 53, Zona Centro, 37700 San Miguel de Allende, Gto (“Moxi & The Monkey Bar”) or in La Casa Dragones located at Recreo 16, Centro, Zona Centro, 37700, San Miguel de Allende, Guanajuato, México (“La Casa Dragones” and jointly with the Tasting Room, Áperi, Bekeb, Moxi &The Monkey Bar, the “Venue”). All references to Casa Dragones in these Terms and Conditions shall be deemed as referring to Compañía Casa Dragones de México, S. de R.L. de C.V. Due to the foregoing, Customer agrees on the following:

FAILURE TO COMPLY WITH THESE TERMS AND CONDITIONS WITH ANY OTHER OF OUR POLICIES AND WITH ANY INSTRUCTIONS GIVEN BY US (INCLUDING OUR STAFF) AT ANY TIME AND IN ANY MANNER, EITHER IN WRITING OR ORALLY, WILL BE CONSIDERED A BREACH OF THESE TERMS AND CONDITIONS AND MAY RESULT IN ONE OR MORE ENFORCEMENT ACTIONS AS DESCRIBED BELOW, INCLUDING REMOVAL FROM OUR PREMISES. IN CERTAIN CIRCUMSTANCES, OUR ENFORCEMENT ACTIONS MAY RESULT NOT ONLY IN THE REMOVAL OF THE CUSTOMER, BUT ALSO IN THE REMOVAL OF ANY OTHER PEOPLE IN THE CUSTOMER'S TRAVEL PARTY OR RESERVATION(S).

For purposes of these Terms and Conditions, the term "travel party" shall be given its broadest possible interpretation and shall include, but not be limited to: (1) people visiting us in the same reservation, (2) people visiting us on multiple reservations, as well as (3) people we determine to be legally or socially related or proximate in any way, for any period of time, and at any time before or during the trip.

 

Booking of a Reservation

Reservations will be made through the e-booking site commercially known as Bookeo, on the understanding that even though its systems may be integrated to the webpage of Casa Dragones; such e-booking site is managed by Bookeo Pty Ltd, which is a third party non-related to Casa Dragones, (the “Booking Site”). In such Booking Site the Customer shall indicate Customer’s name, the date, hour, number of attendants, contact and payment information for the Reservation, and any other information requested pursuant to the terms and conditions of the Booking Site.

Confirmation of a Reservation. Casa Dragones will confirm the Reservation through the Booking Site, the Reservation confirmation will be subject at any time to the availability of the corresponding Venue. Furthermore, upon checking-in the Venue, Customer shall provide an official identification to evidence Customer’s identity.

 

Reservation Fee

Upon booking a Reservation, Customer shall pay 100% (one hundred percent) of the price per attendee set forth by Casa Dragones, per each experience in the Booking Site (the “Fee”). Fee will only be reimbursable pursuant to Section 4 hereunder. On the other hand, Customer may request the service of personalized and non-personalized bottles of Tequila Casa Dragones® (the “Bottles”) for the Reservation; such Bottles shall also be paid in full upon making the Reservation (“Bottle Price”). The Bottle Price will not be reimbursable upon Cancellation in any case. Notwithstanding the foregoing, in case the Customer cancels the Reservation pursuant to Section 4 below, the purchased Bottles will remain at the Tasting Room or La Casa Dragones, as applicable, for the Customer to collect them within 30 (thirty) days after the date of the Cancellation; if the Customer do not collect the Bottles within such term, then Customer shall provide to Casa Dragones an address within Mexico, for Casa Dragones to coordinate the delivery of the Bottles, on the understanding that Customer shall pay, in advance, all the costs and expenses associated with the delivery. In case the Customer do not contact Casa Dragones within the term of 1 (one) calendar year after the Cancellation to collect the Bottles, then Customer agree that Customer’s right to request the delivery of the Bottles will be deemed as forfeited.

 

Cancellations and Reimbursement

4.1 Refunds. Customer shall notify Casa Dragones of Customer’s intention to cancel the Reservation through email to the address Concierge@casadragones.com, providing all the information related to the Reservation (the “Cancellation”). The foregoing in the understanding that the Fee will only be refunded pursuant to the following:

(a) If the Cancellation is notified to Casa Dragones (with acknowledgment of receipt) at least 6 (six) calendar days before the Reservation date, then Casa Dragones will refund 100% (one hundred percent) of the Fee to Customer.

(b) If the Cancellation is notified to Casa Dragones (with acknowledgment of receipt) with 5 (five) calendar days or less before the Reservation date, then the Fee will not be refundable.

(c) COVID-19. If the Cancellation derives from a COVID-19 Related Incident (as defined hereunder), then the Customer may elect to either: (i) receive the corresponding refund pursuant to sections (a) to (c) above; or (ii) pay Casa Dragones a cancellation fee for the amount of $25.00 (Twenty Five Dollars 00/100 of the United States of América) plus the corresponding VAT, (or its equivalent in Mexican Pesos pursuant to the applicable exchange rate); whichever is more beneficial to the Customer between (i) or (ii) above; provided that the Cancellation for a COVID-19 Related Incident is given with 24 (twenty four) hours before the Reservation date for this benefit to apply. On the understanding that the Bottle Price will not be reimbursable in any case per Section 3 above. For purposes of the foregoing a “COVID-19 Related Incident” shall mean: (a) for Customer or any of the attendants to have tested positive on a COVID-19 test; o (b) for Customer or any of the attendants to have shown the following symptoms of COVID-19: (i) fever; (ii) dry cough; (iii) difficulty breathing or shortness of breath; (iv) chest pain or pressure; (v) loss of taste or smell. Notwithstanding the foregoing, Customer and the attendants shall comply with the COVID-19 protocols set forth by Casa Dragones and the sanitary authorities at the moment of the Reservation.4.2 No show Penalty. In case the Customer: (a) do not attend to the Reservation without making a prior Cancellation; or (b) is late to the Reservation 15 (fifteen) minutes after the agreed Reservation hour; then Customer agrees that Casa Dragones will proceed as follows, as penalty: (i) Casa Dragones will not refund the Fee; and (ii) Reservation will be cancelled and Casa Dragones will not be obliged to comply with the corresponding services or to reschedule the Reservation.

 

Representations from Customer.

Upon booking a Reservation, Customer represents, accepts and warranties as follows:

(a) That Customer and all attendants are at least 18 years old as of the date of the Reservation;

(b) Attendants of the reservations are responsible for the proper consumption of alcoholic beverages in our facilities, notwithstanding the above, we reserve the right to limit or even denying alcoholic beverages to attendants that we consider to be in an inconvenient state.

(c) Upon booking a Reservation, Customer agrees to these Terms and Conditions;

(d) Customer acknowledges and agrees that the information provided to the Booking Site or through the Booking Site, will be governed by the privacy policy and the terms and conditions of such Booking Site, which can be consulted at the following web page https://www.bookeo.com/termsofservice/; in the understanding that the Customer shall verify that such terms and conditions and privacy notice are not amended. In this regard, Customer acknowledges and agrees that Casa Dragones will only have access, and therefore, will only be responsible for the information that the Booking Site provides to Casa Dragones with the sole purpose of making the Reservation. Due to the foregoing, Customer releases Casa Dragones from any liability derived from: (i) the loss, alteration or unauthorized use or disclosure by the Booking Site of the information provided to such Booking Site; and/or (ii) the loss, alteration, or unauthorized use or disclosure of the information that is not provided directly to Casa Dragones or that is not collected and/or stored in Casa Dragones’ servers.

(e) On the other hand, Customer acknowledges that payment of the Fee will be processed through the Booking Site, which engages the services provided by Stripe Payments México, S. de R.L. de C.V. (“Stripe”), as merchant acquirer (adquirente) or aggregator (agregador) of the payment network, pursuant to the General Rules Applicable to Payment Networks (Disposiciones de Carácter General Aplicables a las Redes de Medios de Disposición), to process the payment of the Fee. In this regard, Customer accepts that Stripe will be the entity responsible of processing all of the banking information and personal data necessary to process the Fee payment. In this regard, Customer acknowledges that Casa Dragones will not have access to Customer’s banking information, which will be protected and its use will be governed by the privacy notice of Stripe and its affiliated entities, which can be consulted in the following web site https://stripe.com/mx/privacy; in the understanding that the Customer shall verify that such privacy notice is not amended. Due to the foregoing, Customer releases Casa Dragones from any liability derived from: (i) the loss, alteration or unauthorized use or disclosure by Stripe of the information provided to such Stripe; and/or (ii) the loss, alteration, or unauthorized use or disclosure of the information that is not provided directly to Casa Dragones or that is not collected and/or stored in Casa Dragones’ servers.

(f) That the data and information provided by Customer to the Booking Site, and that such Booking Site provides to Casa Dragones will be treated pursuant to the Privacy Policy available at Casa Dragones website: http://casadragones.com.mx/

(g) Consumer will Indemnify and release Casa Dragones from any property damage caused-directly or indirectly-by any action of the Client or reservation attendants.

(h) Consumer will indemnify and release Casa Dragones from any liability and/or claim derived from any action taken by the client or the attendants of the reservation.

(i)Consumer will indemnify and release Casa Dragones, as well as its partners, subsidiaries, affiliates, employees and attorneys-in-fact from all liability, damages, obligations, claims, judgments, settlements, injunctions, expenses and/or costs of any nature, including attorneys' fees, arising from claims or actions brought by participants attending the Experience, whether criminal, civil or of any other nature.

(j) That tobacco its derivatives and all psychotropic or narcotic substances of any kind that may endanger life or alter the behavior or consciousness of persons or controlled drugs without a prescription from an authorized physician are prohibited within Casa Dragones facilities.

(k) The Client will not use offensive or verbally abusive language or threats towards any person, including customers, employees or others. Statements or behaviors that threaten to engage in forbidden or illegal activities are prohibited.

Customer also acknowledges that inappropriate or abusive behavior is prohibited. This includes: uninvited physical contact, solicitation, harassment, vandalism, theft, violence, use of false identification, underage drinking, providing alcohol to minors, possession of illegal substances/items, or any other illegal or offensive conduct.

(k)Customer agrees and acknowledges that these Terms and Conditions may be changed or amended from time to time at Casa Dragones’ sole discretion. Therefore, Customer shall review these Terms and Conditions every time before making a Reservations.

Language: These Terms and Conditions are made in English and Spanish, on the understanding that in case of any controversy the Spanish version shall prevail.

 

Applicable Law and Courts.

These Terms and Conditions shall be construed pursuant to the applicable law in Mexico City; furthermore, in case of any controversy arisen from this Terms and Conditions shall be settled by the competent courts in Mexico City, therefore, Casa Dragones and Customer hereby waive to any other jurisdiction that may be applicable due to their current or future domiciles or due to any other reason.

 

Our Compliance With These Terms And Conditions.

The customer's threat or actual violation of these Terms and Conditions, any other of our policies or any instructions given by us (including any member of our staff) at any time and in any manner, written or oral, at our sole discretion; or our assessment, that presence of any customer creates a concern or risk to the safety or security of our facilities, other guests or our equipment, may result in one or more of the following enforcement actions:

• Intervention of our security team

• Reporting to law enforcement authorities;

• Confiscation of illegal, contraband or prohibited items, which may, at our discretion, be turned over to law enforcement authorities;

• Removal from the premises; and/or

• Denial of future reservations at any Casa Dragones facility.

Any of the determinations, evaluations, judgments, decisions or enforcement actions undertaken by us pursuant to this Policy shall be in our sole discretion and shall be definitive.

The Client will be responsible for any Expenses incurred due to Incidents that trigger an Enforcement Action(s).

Clients removed from any Casa Dragones facility due to a violation of the Terms and Conditions are responsible for their own accommodation, without any charge to Casa Dragones.