Tierra Viva Arequipa Plaza

Terms, Conditions and Privacy

Terms and Conditions

MAYORISTA UNIVERSAL DE VIAJES and FENIXIA.EC make this Website available to all users (hereinafter, the “User” or “Customers” or “Users/Customers”), subject to the User’s acceptance, without modification, of these Terms and Conditions.

The User declares that they are of legal age (i.e., at least 18 years old) and have the legal capacity required to be bound by this agreement and to use this Website in accordance with these Terms and Conditions, which the User fully understands.

The User is responsible for keeping confidential and properly safeguarding the information provided by MAYORISTA UNIVERSAL DE VIAJES and FENIXIA.EC to access the Website (see the Privacy Policy). The User agrees to be financially responsible for any use of this Website carried out using their information, whether by the User or by third parties.

The User also declares that all information provided by the User to access this Website and during its use is true, complete, and accurate, and undertakes to keep it updated.

This Website is exclusively for the User’s personal use. Any modification, reproduction, duplication, copying, distribution, sale, resale, or other forms of exploitation—whether for commercial purposes or otherwise—are prohibited.

The User agrees not to use this Website for illegal or prohibited purposes. In particular, the User agrees that they will only use the Website for themselves and that any products or services purchased through the Website will be for their own use or consumption, or for the use or consumption of persons on whose behalf the User is legally authorized to act. The User shall not resell products or services purchased through the Website to other persons.

Purchase of Products and Services Through the Website

Through the Website of MAYORISTA UNIVERSAL DE VIAJES and FENIXIA.EC, the User has access to information about third-party products and services related to tourism and travel and, in certain cases, may book and purchase such products and services.

Any bookings or purchases made by the User with the providers selected by the User shall be subject to the specific terms and conditions established in each case by MAYORISTA UNIVERSAL DE VIAJES and FENIXIA.EC and such providers.

The User agrees to accept and comply with the purchase terms and conditions established by any provider with whom the User chooses to contract, including (without limitation) payment of any amounts due and compliance with any rules and restrictions regarding the availability of fares, products, or services. If special rules or restrictions apply to certain fares, products, or services selected by the User, the User accepts them in advance.

The preparation and updating of information regarding offers, products or services, prices, routes, distances, features, and any other relevant data and information about the products and services offered through the Website is the responsibility of the respective providers. MAYORISTA UNIVERSAL DE VIAJES and FENIXIA.EC are not responsible for maintaining, reviewing, supervising, or updating such information, nor do they have the ability to verify its truthfulness, timeliness, accuracy, or completeness.

The providers of products or services, each within the scope of their respective obligations, shall be responsible to the User for compliance with applicable laws and the terms and conditions of sale of each product or service contracted. MAYORISTA UNIVERSAL DE VIAJES and FENIXIA.EC assume no obligation or liability whatsoever regarding any products or services not provided directly by them.

Intellectual and Industrial Property Rights

All content on the Website www.fenixia.ec (including, without limitation, text, graphics, logos, button icons, images, audio files, and software) is the property of MAYORISTA UNIVERSAL DE VIAJES and FENIXIA.EC or its content providers and is protected by national and international intellectual and industrial property laws.

Limitation of Liability

MAYORISTA UNIVERSAL DE VIAJES and FENIXIA.EC provide this Website “as is” and make their best efforts to keep it updated, maintained, and operating. However, they cannot guarantee the absence of technical failures, the infallibility of the service, or that the system or portal will be operational at all times.

Because the Website provides information about products and services provided or offered by third parties, MAYORISTA UNIVERSAL DE VIAJES and FENIXIA.EC cannot assume any legal responsibility for any lack of truthfulness, accuracy, and/or timeliness of the data contained in offers of products and/or services displayed on the Website by the different providers.

MAYORISTA UNIVERSAL DE VIAJES and FENIXIA.EC assume no liability for any damages that may arise, directly or indirectly, from the purchase of a product or the provision of a service offered on their Website due to the provider’s negligence or any other cause beyond MAYORISTA UNIVERSAL DE VIAJES and FENIXIA.EC (see the conditions and policies applicable to each Product).

If, due to force majeure or unforeseeable events (including, but not limited to, political or economic unrest or instability affecting security, natural disasters, etc.), deficiencies arise in bookings, confirmations, and/or the execution of any travel or services contracted through MAYORISTA UNIVERSAL DE VIAJES and FENIXIA.EC, for circumstances that are not foreseeable or solvable by MAYORISTA UNIVERSAL DE VIAJES and FENIXIA.EC, or if it is even impossible to perform some of the agreed services, MAYORISTA UNIVERSAL DE VIAJES and FENIXIA.EC shall be excluded from any legal liability arising from such deficiencies or non-performance.

Links to Other Websites

The Website www.fenixia.ec may contain links to other websites not managed by us, included for reference purposes only. MAYORISTA UNIVERSAL DE VIAJES and FENIXIA.EC do not exercise any control over such websites and are not responsible for their content.

The inclusion of links to other websites does not imply that MAYORISTA UNIVERSAL DE VIAJES and FENIXIA.EC promote, endorse, guarantee, or recommend them. Such links are offered solely as informational references, without any assessment of their content, owners, services, or products.

Applicable Law and Jurisdiction

Users voluntarily waive their jurisdiction and venue and agree to submit any dispute arising from or related to their relationship with MAYORISTA UNIVERSAL DE VIAJES and FENIXIA.EC to resolution by an Arbitration Tribunal in the Province of Pichincha.

Refunds

No service purchased through any sales channel of MAYORISTA UNIVERSAL DE VIAJES and FENIXIA.EC is eligible for a refund.

Customer/Traveler Responsibilities

It is the responsibility of the customer or traveler to stay informed about: changes in flight schedules, immigration policies or requirements for each destination, vaccines, and any other details related to their trip purchased through any sales channel of MAYORISTA UNIVERSAL DE VIAJES and FENIXIA.EC.

Privacy Policy

www.fenixia.ec (hereinafter “MAYORISTA UNIVERSAL DE VIAJES and FENIXIA.EC” or “we”) value our users and are committed to protecting their privacy. In furtherance of this commitment, MAYORISTA UNIVERSAL DE VIAJES and FENIXIA.EC have developed this Privacy Policy (the “Privacy Policy” or “Policy”), which describes our policies and practices regarding the collection, use, and disclosure of personal information.

By visiting, using, and/or registering on this website (the “Website”), you, as a user (“you”), accept the practices described below. This Policy contains the privacy practices of the Website operated by MAYORISTA UNIVERSAL DE VIAJES and FENIXIA.EC, in compliance with Ecuador’s Electronic Commerce Law, Electronic Signatures and Data Messages Law, and related regulations (hereinafter, “LPDP”).

Information Collected

MAYORISTA UNIVERSAL DE VIAJES and FENIXIA.EC receive and store any information that users provide while browsing our Website, using our online services, providing information by phone through our customer service center, participating in promotions and offers, registering as a user, communicating via email, posting information in forums, chat groups, or comments through which you interact on the Website, using our mobile and tablet application (the “Application”), or otherwise when contracting any product or service with us.

The collected information (the “Personal Information”) includes, among other things: first and last name, postal address, nationality, phone number, tax identification number, email address, and, if you make a reservation through our Website or the Application, your credit card information (such as credit card number, cardholder name, and expiration date). We may also request information about loyalty and frequent traveler programs.

You may choose not to provide certain information; however, certain information is generally required in order to purchase and carry out transactions on our Website or the Application. If you choose not to provide certain information, you will not be able to contract with us.

If you make a reservation on behalf of a third party, you must obtain that third party’s consent before providing their Personal Information.

Additionally, MAYORISTA UNIVERSAL DE VIAJES and FENIXIA.EC may record or monitor calls made to our customer service center for quality control and staff training purposes. Call recordings will be retained for as long as reasonably necessary and then deleted at the sole discretion of MAYORISTA UNIVERSAL DE VIAJES and FENIXIA.EC.

Other Information Collected

To the extent permitted by law, MAYORISTA UNIVERSAL DE VIAJES and FENIXIA.EC may obtain Personal Information about you and add it to the Personal Information you provide, from affiliated entities, business partners, and other independent third-party sources—such as public databases, information collected during a phone conversation with our customer service center, and/or through interactive applications.

Please note that all information we collect about you may be combined with your Personal Information to help us tailor communications to your needs and develop new products or services that may be of interest to you. Any Personal Information obtained by MAYORISTA UNIVERSAL DE VIAJES and FENIXIA.EC through the means described herein will be handled in accordance with this Privacy Policy. As stated below, this Policy does not cover the practices of third parties from whom we receive information.

Authorization to Register and Process Personal Information

By visiting, using, and/or registering on the Website and/or the Application of MAYORISTA UNIVERSAL DE VIAJES and FENIXIA.EC, you expressly authorize MAYORISTA UNIVERSAL DE VIAJES and FENIXIA.EC to register and process your Personal Information for, among other purposes: carrying out the transactions you initiate; offering products and services; sending confirmations and updates about your trip; invoice processing; answering your questions and comments; contacting you for customer service purposes; conducting surveys, statistics, or analyses regarding consumption habits or preferences; and notifying you by email about special offers and travel-related products and services that may be of interest to you unless you choose otherwise (see the “Opt-Out” policy below).

We use credit card information (such as cardholder name, credit card number, and expiration date) solely to complete the travel bookings you make through our Website and/or the Application, including sending your data to the final service providers to manage your bookings and/or purchase requests.

You may also choose for MAYORISTA UNIVERSAL DE VIAJES and FENIXIA.EC to remember certain credit card and billing details, which will automatically appear when you access the Website and/or Application.

When collecting Personal Information for advertising or direct sales and similar activities in Ecuador, FENIXIA will process it in accordance with Article 9 of the LPDP and Article 49 of the regulations to the Organic Communication Law.

Storage and Transfer of Personal Information. Consent

All Personal Information is collected and stored on servers physically located in the United States. MAYORISTA UNIVERSAL DE VIAJES and FENIXIA.EC may relocate these servers to another country in the future and may store Personal Information in the United States or other countries for backup purposes.

You provide your unequivocal consent for MAYORISTA UNIVERSAL DE VIAJES and FENIXIA.EC to transfer your data to any country worldwide. By submitting Personal Information on the Website and/or the Application, you freely and informedly authorize and consent that, in Ecuador and in accordance with the LPDP and this Privacy Policy, MAYORISTA UNIVERSAL DE VIAJES and FENIXIA.EC may collect, use, and store your Personal Information to: (i) provide the products and services you request; and (ii) send you relevant personalized information—including, but not limited to, the promotion of products and services.

In the event of a transfer of personal data, the recipient of the personal data will assume the same obligations applicable to the controller transferring the personal data.

Safeguarding and Confidentiality of Personal Information

Personal Information will be processed with the legally required level of protection to ensure its security and prevent alteration, loss, unauthorized processing, or unauthorized access.

MAYORISTA UNIVERSAL DE VIAJES and FENIXIA.EC safeguard your Personal Information in accordance with the security and confidentiality standards and procedures required in Ecuador under Article 9 of the LPDP, Article 4 of the National Public Data Registry System Law, and related regulations.

MAYORISTA UNIVERSAL DE VIAJES and FENIXIA.EC do not transmit, disclose, or provide the collected Personal Information to third parties other than the owner of such Personal Information and/or the third parties described in this Policy. The Website and/or the Application take reasonable measures to protect users’ Personal Information.

Access to Personal Information by Third Parties

You provide your unequivocal consent for MAYORISTA UNIVERSAL DE VIAJES and FENIXIA.EC to share relevant Personal Information with providers to manage your reservations and/or purchase requests, such as airlines, hotels, car rental companies, wholesalers, and other providers of products and services you contract through our Website and/or our Application.

We may also share your Personal Information with providers that deliver services to MAYORISTA UNIVERSAL DE VIAJES and FENIXIA.EC, including credit card processors, business analytics, customer service, marketing, and fraud prevention. We may authorize service providers to collect Personal Information on our behalf as needed to operate certain elements of our Website and/or our Application or to facilitate the delivery of online advertising tailored to your interests.

Additionally, MAYORISTA UNIVERSAL DE VIAJES and FENIXIA.EC may share Personal Information with business partners with whom we may jointly offer products or services. Such providers and business partners are subject to confidentiality agreements that prohibit unauthorized use or disclosure of Personal Information.

MAYORISTA UNIVERSAL DE VIAJES and FENIXIA.EC may also share Personal Information to comply with applicable regulations and cooperate with competent authorities. Finally, MAYORISTA UNIVERSAL DE VIAJES and FENIXIA.EC may share Personal Information with companies within its corporate group. Third-party access to personal information will be governed by the opt-out policy described below.

Organic Law on Data Protection

In order to comply with Ecuador’s Organic Law on Personal Data Protection and other applicable regulations, you accept our Privacy Policy by clicking the “Search” button when requesting one of our services through our web portal.

If you have questions about the protection of your data and/or wish to request access to our policy and/or exercise any of your recognized rights, you may contact us through any digital channel or by email at it@universaldeviajes.com.

Opt-Out Policy

When you carry out transactions or register as a user with MAYORISTA UNIVERSAL DE VIAJES and FENIXIA.EC, you will be given an option regarding whether you wish to receive promotional newsletters, messages, or email alerts about offers. You may change your choices at any time through the email settings on the MAYORISTA UNIVERSAL DE VIAJES and FENIXIA.EC website.

Each promotional email we send will also provide you with the opportunity to unsubscribe. In Ecuador, this is in accordance with Article 50 of the LPDP.

Rights of Access, Deletion, Rectification, and Objection

Users who are owners of Personal Information have the right to access, delete/cancel, and update their Personal Information, as well as to object to its processing and to be informed of any transfers made, free of charge at intervals not less than six months, unless a legitimate interest is proven, as established by the LPDP.

Users guarantee and are responsible for the truthfulness, accuracy, validity, and authenticity of the Personal Information provided and agree to keep it duly updated.

These rights may be exercised in writing by submitting the corresponding request by email to: it@universaldeviajes.com. Your request must include: your full name and, if applicable, proof of legal representation; a simple copy of your national identity document; your email address and postal address for notifications; a contact phone number; and a clear and precise description of the personal data with respect to which you wish to exercise the right of access, rectification, or deletion/cancellation, as well as documents supporting the requested change.

Once the above requirements have been met, and whenever it is appropriate to grant the request, MAYORISTA UNIVERSAL DE VIAJES and FENIXIA.EC will inform you whether it has granted the request or denied it.

You may also access, update, and correct your registration information at any time by accessing “My Profile” on www.fenixia.ec.

Use of the Website

Please note that when you access the Website of MAYORISTA UNIVERSAL DE VIAJES and FENIXIA.EC, we automatically receive information about you and your computer. For example, we receive information from cookies and web beacons regarding your browser and operating system, the internet pages you have visited, the links you have viewed, your computer’s IP address, and the website you visited before entering our Website. We use the collected information primarily to improve your user experience and improve our service.

At all times, you may choose not to receive cookies by enabling your web browser to reject cookies or to notify you before accepting them. Please note that by refusing cookies you may not be able to access many travel services and planning tools offered on this Website. To facilitate transactions on our Website, you may choose for MAYORISTA UNIVERSAL DE VIAJES and FENIXIA.EC to store information about your credit cards.

“Cookies” are text files that are automatically downloaded and stored on your computer’s hard drive when you browse a specific website or internet portal. Cookies allow certain data about your internet activity to be stored. Cookies are used to understand the interests, behavior, and demographics of those who visit or use our Website, to better understand needs and interests and provide better service or related information. We also use cookie-based information to analyze visited pages and searches, improve our commercial and promotional initiatives, display advertising or promotions and relevant banners, customize content, presentation, and services.

“Web beacons” are images that may appear embedded in web pages and websites and serve a purpose similar to cookies. Additionally, a web beacon is used to measure traffic patterns from one page to another in order to optimize traffic flow through the Website.

Password Protection and Access

When registering at www.fenixia.ec, MAYORISTA UNIVERSAL DE VIAJES and FENIXIA.EC require you to choose a user ID and password (i.e., access to a personal account within the Website). MAYORISTA UNIVERSAL DE VIAJES and FENIXIA.EC also allow you to access www.fenixia.ec through two-factor authentication.

If you lose control of your account or password, you may lose control of your Personal Information and may be subject to legally valid transactions carried out in your name. Therefore, if your password is compromised for any reason, you must immediately: (i) change it by updating your registration information, and (ii) contact us.

External Links

This Website may contain links to other websites that have their own privacy and confidentiality policies. We recommend that if you visit those websites, you carefully review their practices and confidentiality policies, since this Privacy Policy does not cover the practices or policies of third parties, including those that may disclose and/or share information with MAYORISTA UNIVERSAL DE VIAJES and FENIXIA.EC.

Public Information

Please note that when you post information in a public area of this Website (including, without limitation: posts, chat groups, electronic photo albums, and comments about products and services), you make it available to other members, Website users, and the general public, which is outside the control of MAYORISTA UNIVERSAL DE VIAJES and FENIXIA.EC. Please keep this in mind and be careful about the information you choose to disclose.

Data Controller

The data controller/database owner is: MAYORISTA UNIVERSAL DE VIAJES and FENIXIA.EC.

Changes

MAYORISTA UNIVERSAL DE VIAJES and FENIXIA.EC may modify this Privacy Policy in the future. Any change in how FENIXIA uses Personal Information will be reflected in future versions of this Privacy Policy and published on this page. You are advised to review the Privacy Policy periodically.

Contact

If you have questions about this Privacy Policy, the practices of MAYORISTA UNIVERSAL DE VIAJES and FENIXIA.EC, or your transactions on www.fenixia.ec, you may contact us at:operaciones@universaldeviajes.com; it@universaldeviajes.com

MAYORISTA UNIVERSAL DE VIAJES provides coverage for customers in Ecuador.FENIXIA.EC provides coverage for customers worldwide.