Terms and Conditions

1. Introduction and Acceptance

Welcome to yoyopass.com (hereinafter, the "Website" or the "Platform"), operated by YOYO PASS S.A.P.I. DE C.V. (hereinafter, "Yoyopass," "we," or "our"), a company duly incorporated under the laws of the United Mexican States, domiciled in the State of Quintana Roo, Mexico.

Yoyopass acts exclusively as a commercial intermediary between users (hereinafter, "User," "you," or "Customer") and third-party tour operators (hereinafter, "Operators" or "Experience Providers") that offer activities, tours, and tourism experiences in the Riviera Maya region and the State of Quintana Roo, Mexico. Yoyopass does NOT operate, manage, or directly supervise any tourism experience.

By accessing, browsing, registering, or making any purchase through the Platform, you represent that you have read, understood, and fully accepted these Terms and Conditions. If you do not agree with any part of these Terms, you must refrain from using the Platform and from purchasing any Digital Pass.

These Terms and Conditions are governed by applicable Mexican law, including but not limited to: the Federal Consumer Protection Act (LFPC), the Federal Civil Code, the Commercial Code, the Federal Law on Protection of Personal Data Held by Private Parties (LFPDPPP), and NOM-151-SCFI-2002 on data messages. For Users residing in the European Union, applicable mandatory consumer protection provisions of their country of residence shall also apply.

2. Definitions

• "Digital Pass": A unique QR code generated by Yoyopass upon payment confirmation, granting the holder the right to access one or more tourism experiences offered by Operators. Types include: (a) Single-Entry Pass, (b) Day Pass, and (c) Multi-Day Pass.
• "Operator" or "Experience Provider": An independent third-party individual or entity that operates, manages, and is responsible for the tourism experiences accessible through a Digital Pass.
• "Experience": Any activity, tour, attraction entry, or other tourism service offered by an Operator and marketed through the Platform.
• "QR Code": A unique digital graphical representation serving as an access credential for the contracted Experiences.
• "Platform": The website yoyopass.com, including all its subdomains, pages, functionalities, and associated services.
• "MXN": Mexican Pesos, legal tender of the United Mexican States, in which all transactions are denominated.

3. Nature of Service — Commercial Intermediary

3.1. Yoyopass acts exclusively as a commercial intermediary. It is not a tour operator, travel agency, or direct provider of tourism services. Its function is limited to facilitating the connection between Users and Operators through the marketing of Digital Passes.

3.2. Yoyopass has no control over the operation, quality, safety, legality, availability, schedules, weather conditions, or any other aspect of the Experiences offered by Operators. Each Operator is solely responsible for its own operation and compliance with applicable regulations.

3.3. The contractual relationship for the provision of the tourism Experience is established directly between the User and the corresponding Operator. Yoyopass is not a party to such contractual relationship.

3.4. Operators may have their own rules, age requirements, health restrictions, safety protocols, and terms of service. The Operator has the final and absolute decision regarding the admission or rejection of any User to an Experience, without this generating any liability for Yoyopass.

4. Registration and User Accounts

4.1. Creating a user account on the Platform is not required to make purchases but is recommended for a better user experience, including access to purchase history, Digital Pass management, and service communications.

4.2. If the User chooses to create an account, they must provide truthful, complete, and current information. The User is responsible for maintaining the confidentiality of their access credentials and all activities conducted under their account.

4.3. Yoyopass reserves the right to suspend or cancel any account that shows signs of fraudulent activity, violation of these Terms, or misuse of the Platform.

4.4. The User must immediately notify Yoyopass of any unauthorized use of their account or any other security breach.

5. Digital Passes — Use and Conditions

5.1. Types of Digital Passes:

• Single-Entry Pass: Grants one-time entry to a specific Experience.
• Day Pass: Grants access to one or more Experiences during a specific calendar day.
• Multi-Day Pass: Grants access to one or more Experiences during a specified period of consecutive days.

5.2. Each Digital Pass is personal and non-transferable. Resale, duplication, assignment, transfer to third parties, or any use not corresponding to the original purchaser is strictly prohibited.

5.3. The Digital Pass must be presented in digital format (from a mobile device) or printed at the time of access to the Experience. The QR code will be scanned and electronically validated by the Operator.

5.4. Using the same Digital Pass for multiple persons, tampering with the QR code, or any attempted fraud constitutes a serious violation of these Terms and may result in Pass cancellation without right to refund, in addition to applicable legal actions under Mexican criminal law.

5.5. Digital Passes have an expiration date indicated at the time of purchase. Expired Passes will not be valid and do not entitle the holder to a refund.

5.6. Yoyopass does not guarantee the availability of Experiences. Operators may modify schedules, capacities, content, or temporarily suspend their services without prior notice and without liability to Yoyopass.

6. Prices and Payments

6.1. All prices displayed on the Platform are denominated in Mexican Pesos (MXN) and include applicable Value Added Tax (IVA) pursuant to current Mexican tax legislation.

6.2. Payments are processed through Stripe, Inc. ("Stripe"), a PCI-DSS certified payment processor. Yoyopass does not store, access, or directly process credit or debit card numbers. By making a payment, you accept Stripe's terms of service and privacy policy.

6.3. Prices are dynamic and may change at any time without prior notice. Price changes will not affect previously confirmed purchases.

6.4. Purchase confirmation and Digital Pass issuance occur only after successful payment verification by Stripe.

6.5. If your financial institution applies currency conversion charges or international transaction fees, such charges are the sole responsibility of the User.

6.6. Electronic Invoicing: Pursuant to Mexican tax law, Yoyopass will issue Digital Tax Receipts (CFDI 4.0) upon User request. The User must provide complete tax information (RFC, legal name, tax domicile, tax regime, and CFDI use) for invoice issuance.

7. Cancellation and Refund Policy

Yoyopass applies the following tiered cancellation policy, calculated from the scheduled date of the Experience:

• More than 7 days before the Experience: 100% refund of the price paid.
• Between 3 and 7 days before the Experience: 50% refund of the price paid.
• Less than 72 hours before the Experience: No refund will be granted.

7.1. Refunds will be processed through Stripe and credited to the original payment method. The crediting timeframe depends on the User's financial institution and may take between 5 and 15 business days.

7.2. To request a cancellation, the User must contact Yoyopass through the customer service channels indicated on the Platform.

7.3. Force Majeure and Weather Conditions: If an Experience is cancelled by the Operator due to adverse weather conditions, natural disasters, health emergencies, governmental authority actions, or other force majeure events as defined by Article 2111 of the Federal Civil Code, Yoyopass will offer the User rescheduling to an available alternative date. Each case will be evaluated individually. In extraordinary situations, Yoyopass may, at its sole discretion, offer additional solutions.

7.4. If an Operator cancels an Experience for reasons other than force majeure, Yoyopass will coordinate with the Operator a solution that may include rescheduling or a refund.

8. Age Restrictions and Parental Responsibility

8.1. There is no minimum age requirement to use Yoyopass Digital Passes. However, some Experiences may not be suitable for persons under 18 years of age due to the nature of the activity.

8.2. The Operator of each Experience has the final and absolute decision regarding the admission of minors. Yoyopass assumes no liability for the denial of access to a minor by an Operator.

8.3. Parents, guardians, or legal representatives who purchase Digital Passes for minors assume full responsibility for the minor's participation in the Experiences.

8.4. For Platform purchases, it is recommended that purchasers be at least 18 years of age or have the authorization of a parent, guardian, or legal representative.

9. Assumption of Risk

9.1. The User acknowledges and voluntarily accepts that tourism Experiences may involve inherent risks, including but not limited to: adverse weather conditions, risks inherent to water, land, or aerial activities, exposure to wildlife, terrain conditions, and health risks.

9.2. By purchasing a Digital Pass and participating in any Experience, the User voluntarily assumes all associated risks, expressly releasing Yoyopass from any liability for personal injuries, property damage, loss of belongings, or any other harm.

9.3. Responsibility for safety during the Experience lies exclusively with the corresponding Operator.

10. Limitation of Liability

10.1. Yoyopass, in its capacity as a commercial intermediary, shall not be liable for:

• The quality, safety, timeliness, or availability of Experiences operated by third parties.
• Personal injuries, illnesses, property damage, or losses suffered during Experiences.
• Acts or omissions of Operators or their employees and subcontractors.
• Modifications, cancellations, or suspensions of Experiences by Operators.
• Indirect, incidental, special, consequential, or punitive damages of any nature.
• Technical failures, service interruptions, or errors on the Platform beyond Yoyopass's reasonable control.

10.2. To the maximum extent permitted by applicable Mexican law, Yoyopass's total liability to the User for any claim shall be limited to the amount actually paid by the User for the Digital Pass that gave rise to the claim.

10.3. Nothing in these Terms limits or excludes Yoyopass's liability for: (a) fraud or willful misconduct; (b) death or personal injury caused directly by Yoyopass's gross negligence; or (c) any liability that cannot be excluded or limited under applicable law.

10.4. Consumer rights established in the Federal Consumer Protection Act cannot be limited or waived through these Terms.

11. Intellectual Property

11.1. All content on the Platform is the exclusive property of YOYO PASS S.A.P.I. DE C.V. or its licensors, and is protected by Mexican and international intellectual property laws.

11.2. The trademarks "YoyoPass," "Yoyo Pass," the Yoyopass logo, and all associated product and service names are trademarks of YOYO PASS S.A.P.I. DE C.V. Their use without prior written authorization is prohibited.

12. User Conduct

By using the Platform, the User agrees to:

• Provide truthful, accurate, and complete information at all times.
• Not use the Platform for illegal, fraudulent, or unauthorized purposes.
• Not attempt to access restricted areas of the Platform or Yoyopass's computer systems.
• Not reproduce, duplicate, copy, sell, resell, or commercially exploit any part of the Platform.
• Not use robots, scrapers, spiders, or other automated means to access the Platform.
• Not interfere with the normal operation of the Platform or overload its infrastructure.
• Comply with all applicable laws and regulations in their jurisdiction.

13. Personal Data Protection

The processing of Users' personal data is governed by our Privacy Policy, available on the Platform, which forms an integral part of these Terms and Conditions. The Privacy Policy complies with the Federal Law on Protection of Personal Data Held by Private Parties (LFPDPPP) and its Regulations. For visitors from the European Union, additional provisions pursuant to the General Data Protection Regulation (GDPR) apply.

14. Data Sharing with Operators

14.1. To facilitate the User's access to Experiences, Yoyopass will share with the corresponding Operator the data necessary for reservation verification and check-in, which may include: the User's full name, email address, and telephone number.

14.2. Operators are contractually obligated to use such data exclusively for the purposes of providing the contracted Experience. However, Yoyopass is not responsible for the treatment Operators give to personal data once transferred.

15. Dispute Resolution

15.1. Any dispute arising from or related to these Terms and Conditions shall first be resolved through direct good-faith negotiation between the parties.

15.2. If a satisfactory resolution is not reached, the User may file a complaint with the Federal Consumer Protection Agency (PROFECO) pursuant to the Federal Consumer Protection Act.

15.3. For disputes requiring judicial resolution, the parties expressly submit to the jurisdiction of the competent courts of the State of Quintana Roo, Mexico.

15.4. The foregoing does not limit the consumer's rights to file claims before the competent authorities of their place of residence where applicable law so permits.

16. Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws of the United Mexican States. For Users residing in the European Union, the mandatory consumer protection provisions of their country of residence shall be respected where they are more favorable.

17. Modifications to Terms

Yoyopass reserves the right to modify, update, or revise these Terms and Conditions at any time. Modifications shall be effective upon their publication on the Platform. Continued use of the Platform after the publication of modifications constitutes acceptance of the modified Terms. Purchases made before a modification shall be governed by the Terms in effect at the time of purchase.

18. General Provisions

18.1. Entire Agreement: These Terms, together with the Privacy Policy, Cookie Policy, Refund Policy, and Acceptable Use Policy, constitute the entire agreement between the User and Yoyopass regarding the use of the Platform.

18.2. Severability: If any provision of these Terms is declared null, invalid, or unenforceable, such provision shall be severed from the rest, which shall maintain its full force and effect.

18.3. No Waiver: Yoyopass's failure or delay in exercising any right under these Terms shall not constitute a waiver thereof.

18.4. Assignment: The User may not assign or transfer their rights or obligations under these Terms without prior written consent from Yoyopass.

18.5. Language: These Terms are available in Spanish and English. In the event of any discrepancy, the Spanish version shall prevail.

19. Contact

Legal Name: YOYO PASS S.A.P.I. DE C.V.

Domicile: Quintana Roo, Mexico

Email: privacy@yoyopass.com

Website: https://yoyopass.com