TERMS OF USE

1. OBJECT.

BE MORE SAMPA, S.A. DE C.V., with its principal address located at: Carretera transpeninsular km 6.5, C.P. 23454 (hereinafter “SAMPA“), hereby makes available to you the Terms of Use (hereinafter the “Terms“), which provides the terms and conditions under which the Users of the Site (hereinafter the , “Users”) www.sampaexplore.com and micro sites related to it SAMPA as well as any tablet, smartphone and other applications and platforms related to SAMPA, will be bonded to.

SAMPA provides tablet, smartphone and other applications and platforms to its customers, which may include applications running on devices and platforms available through third parties (hereinafter collectively, the “Site“). Please read these Terms carefully before continuing on with your use of the Site. 

 

These Terms shall govern the use of the Site, including all updates and upgrades to the Site, and apply to all Internet traffic visiting via the Site. PLEASE NOTE THAT BY AGREEING TO THESE TERMS YOU ARE ALSO AGREEING TO AUTOMATIC UPDATES AND UPGRADES.

 

In addition to the above, by clicking “Accept to the Terms of Use” button you are accepting the content and the terms and conditions stated into THE PRIVACY NOTICE, AND THE CONTRACT AND OTHER TERMS OF USE AND DOCUMENTS RELATED TO THE PRODUCTS AND SERVICES PROVIDED BY SAMPA.

 

If you choose to continue to use or access the Site you recognize that SAMPA has provided valuable consideration by offering the Site free of charge, and in exchange for that valuable consideration, you agree to the Terms hereof. The Terms are meant to protect SAMPA and all of our Site users and your use of the Site signifies your agreement with these Terms. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE OR ACCESS THE SITE.

 

THESE TERMS INCLUDE AN AGREEMENT TO SUBMIT CLAIMS EXCLUSIVELY TO INDIVIDUAL (NON-CLASS) ARBITRATION. SEE BELOW

 

2. CHANGES.

 

SAMPA reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms at any time and will post notice on the Site of such modified Terms. If you continue to use the Site, check for notice of changed Terms. If Terms have been changed, immediately read them. By choosing to continue to use or access the Site after we have posted notice of such modifications, alterations, or updates, you agree to be bound by such revised Terms.

 

3. ELIGIBILITY FOR SITE.

 

The Site is available for use for Eligible Mobile Devices. Eligible Mobile Devices means a compatible wireless internet-enabled mobile phone or other comparable mobile device, included but not limited to, all kind of computers, tablets, consoles, etc.

 

4. CHARGES.

 

SAMPA will not charge you for using the Site.  However, charges will apply for SAMPA car rental services. Further, your telecommunications services provider may impose data charges when you use the Site.

 

5. PRIVACY.

 

Your personal information when using the Site will be handled and processed in accordance with SAMPA’s Privacy Notice. By using the Site, you consent to your personal data being exported to countries other than the country where you rented the car, including to the United States of America. For more information, please review our full Privacy Notice.

 

Additionally, by using the Site, you acknowledge and agree that wireless and/or internet transmissions are never completely private or secure. You understand that any message or information you send using the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

 

6. DEVICE GPS.

 

We may collect location markers using the GPS in your device. Knowing approximately where you are helps the Site provide you better service. This also helps us send you push notifications or other communications based on your location (for example, special offers) and for providing certain services such as arrival and return notifications, providing information about vehicle location, available upgrades, etc. (See Electronic Communications below). We will only share this information with third parties to assist us in providing our services or services you request.

 

To ensure you receive proper notifications, we will need to collect certain information about your device such as operating system and user identification information. If you change your mind about sharing your location or receiving push notifications from the Site, adjust the settings of your mobile device to turn off transmission of geolocation data or to stop transmission of push notifications at any time. If you do turn these features off, you will not receive information tailored to your location or special location-based offers.

 

7. ELECTRONIC COMMUNICATIONS.

 

The functionality of the Site service relies on electronic communications. You agree that we may send push notifications to your device. You may also opt-into receiving text messages and email messages to the telephone and email addresses that you have registered with us. We may communicate with you using push notifications, text messages and email messages in connection with (i) your rental reservations, (ii) your rental transactions, and (iii) offers and promotions that may be of interest to you. You may opt-out at any time from marketing and other communications by changing your communication preferences within the Site, by following the instructions in our communication to you, or updating preferences in your profile. You may also contact us at SAMPA Carretera transpeninsular km 6.5, C.P. 23454 [email protected] to withdraw your consent. Please note that we may still send you messages about your rental transactions, and certain other messages, subject to applicable law.

 

8. UPDATES AND UPGRADES.

 

By downloading Site, you consent to the installation of the Site and to its future updates and upgrades. You can withdraw your consent at any time by uninstalling Site. To request assistance in the removal or disabling of the Site, please contact us at SAMPA Carretera transpeninsular km 6.5, C.P. 23454 [email protected].

 

You acknowledge and understand and agree that the Site (including any updates or upgrades) will (i) cause your device to automatically communicate with our servers to deliver the Site’s functionality (described where you downloaded the Site at the iTunes or Google Play stores) and to record usage metrics, (ii) affect app-related preferences or data stored in your device, and (iii) collect personal information as described in our Privacy Notice. Your telecommunications services provider may impose data charges when you use Site or for data charges for the updating or upgrading the Site if you have not restricted updates and upgrades to Wi-Fi connections.

 

9. TRADEMARKS, COPYRIGHTS AND LICENSE.

 

The Site is controlled and operated by SAMPA. The Site (including all software source code and object code) and all content on the Site, including, but not limited to text, images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by Mexico and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes), and are owned and controlled by SAMPA or its affiliates, or by third party content providers, merchants, sponsors and licensors (collectively “Providers”) that have licensed their content or the right to market their products and/or services to SAMPA (collectively “App Content”). The Site and all App Content on the Site or any mobile app owned, operated, licensed, or controlled by the Providers is solely for your personal, non-commercial use. You are granted a non-exclusive, non- transferable (by way of sub-license or otherwise), personal, limited license to install and use the Site its related App Content on each Eligible Mobile Device you own or control, solely for personal use and as expressly permitted in these Terms. Parts of the App Content that SAMPA uses to provide the Site have been licensed from third parties and this limited license applies equally to these third-party components. You may make one backup copy of the App Content where necessary to secure further use in accordance with these Terms. You may print a copy of the App Content and/or information contained herein for your personal, non-commercial use only, but you may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit the App Content or information in any way (including by e-mail or other electronic means) for commercial use without the prior written consent of SAMPA or the Providers. Without the prior written consent of SAMPA or the Providers, your modification of the content, use of the content on any other mobile app or networked computer environment, or use of the content for any purpose other than personal, non-commercial use, violates the rights of the owners of the Site and/or the Provider copyrights, trademarks or service marks and other proprietary rights, and is prohibited. SAMPA (or the relevant third-party licensor) retains all right, title and interest in and to the Site and any modifications and/or updates to the App Content and the features provided through the Site. All rights not expressly granted to you are reserved.

 

10. RESTRICTIONS ON USE OF THE SITE.

 

As a condition to your use of the Site, you warrant to SAMPA that you will not use the Site for any purpose that is unlawful or prohibited by these Terms, or act fraudulently or maliciously, including without limitation the posting or transmitting any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or by hacking into or inserting malicious code, including viruses, or harmful data into the Site, the services or any operating system. You may not use any trademarks, service marks or copyrighted materials appearing on the Site, including but not limited to any logos or characters, without the express written consent of the owner of the mark or copyright. You may not frame or otherwise incorporate any of the App Content or other materials on the Site without prior written consent of SAMPA. You agree not to copy (to the fullest extent permitted by law), decompile or reverse engineer the App Content. You shall not use or otherwise export or re-export the Site or any App Content, except as authorized by law and the laws of the jurisdiction in which the Site or any software was obtained. If you violate any of these Terms, in addition to any other remedies SAMPA or its Providers may have, your permission to use the Site immediately terminates without the necessity of any notice. SAMPA retains the right to deny access to anyone at its discretion for any reason, including for violation of these Terms.

 

11. LINKS.

 

The Site may contain links to other web sites that may or may not be affiliated with SAMPA (“Linked Sites”). The Linked Sites are provided for your convenience and information only and, as such, you access them at your own risk. The content of any Linked Sites may not be under SAMPA’ control, and SAMPA is not responsible for, and does not endorse, such content, whether or not SAMPA is affiliated with the owners of such Linked Sites. Linked Sites may have terms of use that differ from, or contain terms, in addition to these Terms. You may not establish a hyperlink to download the Site that states or implies any sponsorship or endorsement of your web site by SAMPA, or its affiliates or Providers.

 

12. RENTAL POLICIES.

 

12.1 Every client can be a candidate to rent a car if the following valid personal documents accredit, she/he as the holder:

 

1. Valid driver’s license.
2. Voting credential from the INE, valid passport or immigration document.
3. Credit card: Visa, Master Card and American Express. In case of previously paid reservations, the credit card must be the same one of the payment.
4. 25 years old or more, except the limits established on this policy.

 

12.2 Licenses. 

 

All clients must provide an official and valid ID, including foreign customers. Temporary permissions will not be considered nor traffic tickets in case the license have been withdrawn.

 

12.3 Age limits.

 

Minimum accepted age is 21 years old and maximum age is 75 years old to rent a car, as long as they have a valid driver’s license.

 

12.4 Younger Drivers.

 

Drivers that are less than 25 years old will be considered minors. Therefore, an additional payment per day of rent may apply. In any case, a valid proof of profit might be needed prior to the rental start. 

 

12.5 Currency

 

Charges and fees will be charged in Mexican pesos.

 

12.6 Exchange rate.

 

The exchange rate applies to the date of the contract opening or what is established in the system in use.

 

12.7 Taxes.

 

V.A.T. is 16% in Mexico.

 

12.8 ADDITIONAL CHARGES

 

Will be considered specials and, if it is the case, will be negotiated and confirmed in the location.

 

12.9 RESERVATIONS

 

Reservations can be made up one hour in advance in all categories, other than those considered special, in which case the city will be asked for confirmation. Availability may vary.

 

12.10 DEPOSITS

 

Deposits for warranty must be made with a credit card: American Express, VISA or MasterCard. Amounts can vary depending on the contracted coverages and the rented car. This is explained in the Contract according to the contracted coverages.

 

12.11 PAYMENT METHOD

 

Credit card: American Express, VISA and Master Card.

 

12.12 CASH RENTS

 

Not allowed.

 

12.13 DRIVING TERRITORY

 

The territory allowed to drive the units will be within the states of Baja California and Baja California Sur, Mexico, except for the spots or places that, SAMPA previously authorize by writing.

 

12.14 ACCIDENTS

 

Reporting an accident to the insurance company is mandatory. If necessary, the required procedures before the proper authorities must be made. The rental office must be informed of the accident to follow up. Denying filling in the accident report or the lack of it could invalidate the protection coverages acquired.

 

The User assumes, for all legal purposes that may apply, that he will be solely responsible for damages caused to third parties, as well as possible injuries and / or accidents that he may suffer from handling the rented vehicle and he will be solely responsible for all and each one of the general expenses, as well as medical and legal expenses, that these situations generate.

 

12.15 MAXIMUM RENTAL PERIOD

 

The maximum rental period in a contract will be 30 days and a renewal of a new contract must be made after this period or, in every case, a sufficient guarantee that proves the payment at the contract closing.

 

12.16 USE OF GPS IN VEHICLES

 

All vehicles have a geolocation system for vehicle and passenger safety. Therefore, SAMPA can know the location of the vehicles at all times. SAMPA will only use geolocation to guarantee the safety of the vehicles and their passengers and to ensure that the client do not violate any traffic regulations and/or conditions of use. When reserving a vehicle, the client accepts that the vehicle will be tracked by geolocation at all times and undertakes not to manipulate the GPS device in any way.

13. 
    TERMINATION OR DISCONTINUANCE OF SERVICE.

 

Except as otherwise required by law, SAMPA may terminate your use of the Site and expand, reduce or suspend the type, location and or amounts of transactions allowed using the service, change the enrollment process and transaction limits associated with it from time to time based on security issues and other factors at any time in its sole discretion, without prior notice.

 

DISCLAIMER OF WARRANTIES AND CONDITIONS

 

This disclaimer of warranties and conditions (“disclaimer”) applies only to your free use of the site.

 

This disclaimer does not apply to, for example, your purchase of any product or service from SAMPA, nor to any rental. Other terms, disclaimers and limitations may apply.

 

This disclaimer also does not apply to, for example, our offer or advertisement of any SAMPA product, service, or rental, including the content of any offer or advertisement on the site. Other terms, disclaimers and limitations may apply.

 

These terms are not a contract for sale, and the site is not a “good” within the meaning of the uniform commercial code. Instead, the site is provided to you for free. To the fullest extent permitted by law, the site is provided “as is” and without warranties or conditions of any kind whatsoever, either express, implied or statutory. There are no warranties or conditions which extend beyond the description on the face hereof. All implied warranties or conditions of merchantability and fitness for a particular purpose are hereby disclaimed. Neither SAMPA, its affiliated or related entities, nor the providers, nor any person involved in the creation, production, and distribution of the site warrant that the functions contained in the site will be uninterrupted or error-free, that defects will be corrected, or that the server that makes the content available will be free of viruses or other harmful components.

 

You acknowledge and agree that from time to time, the Site and/or the services may be delayed, interrupted or disrupted for an indeterminate period of time including, without limitation, any inaccuracy, interruption or delay in transmission by the telecommunications services provider used with the Eligible Mobile Device, or any interruption, disruption or failure whether caused by strikes, power failures, equipment malfunctions or other reasons. SAMPA and its third-party licensors have no obligation to correct any bugs, defects or errors in the Site or software, or to otherwise support, maintain, improve, modify, upgrade, update or enhance the Site.

 

14. LIMITATION OF LIABILITY.

 

SAMPA, its affiliates or a third-party licensor shall not be liable for any claim whatsoever arising from or related to use of the site. In no event will SAMPA, its affiliates or a third-party licensor be liable for loss of profits (whether direct or indirect) or any form of indirect, consequential or special damages, arising from or in connection with your use of the site, even if such damages were reasonably foreseeable and notice was given regarding them. These limitations will apply to all causes of action, whether arising from breach of contract, tort (including negligence) or any other legal theory. Nothing in these terms and conditions shall limit or exclude liability for (i) death or personal injury resulting from our negligence, (ii) fraud and/or fraudulent misrepresentation and (iii) any other liability that cannot be excluded or limited by applicable law.

 

15. NO ENDORSEMENT, REPRESENTATION OF WARRANTY FOR ELIGIBLE MOBILE DEVICES.

 

By identifying a mobile phone or other device as an Eligible Mobile Device for use with the Site, SAMPA does not recommend, endorse or make any representation or warranty of any kind regarding the performance or operation of such device. You are responsible for the selection of an Eligible Mobile Device and for all issues relating to the operation, performance and costs associated with such device.

 

16. EVENTS BEYOND THE REASONABLE CONTROL OF SAMPA.

 

SAMPA and its Providers will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under these Terms that is caused by any act or event beyond its and their reasonable control, including failure of public or private telecommunications networks (“Event Outside Our Control”). If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms, (i) our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control, and (ii) we will use our reasonable endeavors to find a solution by which our obligations under these Terms may be performed despite the Event Outside Our Control.

 

17. INDEMNIFICATION.

 

You are fully responsible for how you use the Site. You may not share your log-in information with anyone else, but if you do you are fully responsible for how they use the Site too. You agree to indemnify, defend, and hold harmless SAMPA and the Providers, its and their officers, directors, employees, service providers, vendors, affiliates, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms.

 

18. THIRD PARTY RIGHTS.

 

These Terms are for the benefit of SAMPA and its Providers, its and their officers, directors, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against you on its or their own behalf.

 

19. APPLICABLE LAW.

You expressly and irrevocably accept the fact that the terms and conditions provided in this Notice will be governed and interpreted in accordance with the applicable laws of the United Mexican States (“Mexico”). In case of controversy, the User and SAMPA expressly submit to the jurisdiction of the competent Courts of Mexico City, waiving any other jurisdiction that may correspond to them due to their present of future domiciles or for any other reason whatsoever.

Accesories	Category	Cost if lost or Broken ($USD)
Roof tent (3 people)	Essential	$1,800
Kitchen gear (4 people)	Essential	$150
Awning (2.5x2m)	Essential	$800
First aid Kit (Basic)	Essential	$50
Head lamps (USB rechargeable)	Essential	$80
Guides (Surf guides, camping sites, maps)	Essential	$50
Portable Gas Stove	Essential	$150
Cooler	Essential	$100
Emergency Tire Traction Aid	Essential	$100
Extra fuel container	Nice to have	$150
Ground tents ( 3 people)	Nice to Have	$150
Tent lamp	Nice to Have	$80
Sleeping bags (10°)	Nice to Have	$150
Inflatable camping mats	Nice to Have	$150
Blankets	Nice to Have	$30
Hammock	Nice to Have	$100
Low Chairs	Nice to Have	$80
Camp table (+ 4 stools)	Nice to Have	$100
Portable Shower	Nice to Have	$100
Towels	Nice to Have	$30
Cutting board	Nice to Have	$30
Knifes	Nice to Have	$50
Firewood	Nice to Have	N/A
GPS satelital & WIFI	Nice to Have	$300
Surf Boards	Epic	$500
Fishing Kits	Epic	$100
Snorkeling Kits	Epic	$100
Paddle boards	Epic	$200
Mountain Bike	Epic	$700