Terms and Conditions

Last Update: November 14, 2022

Cross Border Xpress is an air passenger terminal in San Diego, California (“CBX Terminal”), a connected, enclosed skywalk bridge (“CBX Bridge”), and surrounding parking facilities (“CBX Parking,” together with the CBX Terminal and the CBX Bridge, the “CBX Facilities”) operated by Otay-Tijuana Venture, L.L.C., its affiliates and subsidiaries (together, “CBX”). The CBX Bridge spans the United States of America (“U.S.”) and the United Mexican States (“Mexico”) border, connecting the CBX Terminal directly to the Tijuana International Airport (“Tijuana Airport”) in Tijuana, Mexico. Use of a CBX ticket (“CBX Ticket”) or any of the CBX Facilities constitutes your acceptance of the following terms and conditions, the terms printed on the back of the CBX Ticket and CBX Parking tickets, the Parking Contract posted at the entry to CBX’s parking lots and parking terms and conditions available at https://www.crossborderxpress.com/en/parking, as well as to the terms of the Privacy Notice accessible at https://www.crossborderxpress.com/en/privacy, all of which are incorporated as if fully set forth herein (collectively, the “Terms and Conditions”):

Content

Terms and Conditions

1. Hours of Operation
2. Purchase of CBX Ticket
3. Crossing from the CBX Terminal to the Tijuana Airport
4. Crossing from Tijuana Airport to the CBX Terminal
5. CBX Tickets Sold by Airlines
6. Validity of CBX Ticket
7. Infants
8. Unaccompanied Teen Service
9. Family Packs
10. Underage Passengers
11. Commuter Plan
12. Assisted Pass
13. Pets, Service Animals and Emotional Support Animals
14. Official Travel Documents
15. Disclaimer of Responsibility for Governmental Inspections
16. Disclaimer of responsibility for entering the U.S. or Mexico
17. Missed flights due to delays in airline queues, immigration, customs or any other type of inspection, flight cancellations, lost baggage, etc.
18. No Refunds; Additional Charges May Apply to Changes in Travel Dates
19. Tijuana Airport Regulations
20. Disruptive Passengers
21. Right to Deny Use and Access
22. Service cancellations due to causes attributable to CBX
23. Third-party Operators
24. Warranty Disclaimer
25. Agreement to Arbitrate; Jury Trial and Class Action Waiver
26. Exclusion of Indirect Damages
27. Limitation of Liability
28. Severability and Amendment
29. Amendments

Terms of Use of Cross Border Xpress Website

1. Terms
2. Use License
3. Disclaimer
4. Limitations
5. Revisions and Errata
6. Links
7. Site Terms of Use Modifications
8. Governing Law

1. Hours of Operation.

Except as may otherwise be published by CBX, the CBX Facilities operate twenty-four (24) hours a day, three-hundred-and-sixty-five (365) days a year. Your use of the CBX Facilities is subject to these Terms and Conditions, the guidelines and limitations established by the Tijuana Airport, and the lawful discretion of the applicable immigration, customs, and other governmental authorities of Mexico and/or the U.S.

2. Purchase of CBX Ticket.

CBX Tickets may be (a) pre-purchased via the CBX website, CBX App, through airline or travel agency partners, or (b) purchased onsite at the kiosks or counters located in the baggage claim area of the Tijuana Airport and in the departures area of the CBX Terminal. Unaccompanied minors may not use CBX Tickets to cross the CBX Bridge, other than as part of the Unaccompanied Teen Service described in section 8 below.

3. Crossing from the CBX Terminal to the Tijuana Airport.

To cross the CBX Bridge from the CBX Terminal to the Tijuana Airport, each user must scan or present at the E-gates located at the entrance to the CBX Bridge in the CBX Terminal’s departures section: (a) a CBX Ticket and (b) a boarding pass for a flight departing from the Tijuana Airport within twenty-four (24) hours. Electronic or pre-printed boarding passes are also valid. Each passenger must provide their CBX Ticket, boarding pass, and official travel documents required by governmental authorities in Mexico when requested by CBX staff. Passengers crossing from the CBX Terminal to the Tijuana Airport may do so only within twenty-four (24) hours prior to their departure time.

4. Crossing from Tijuana Airport to the CBX Terminal.

To cross the CBX Bridge from the Tijuana Airport to the CBX Terminal, passengers must proceed to the E-gate queueing area in the baggage claim area in the Tijuana Airport after retrieving their luggage (if any). Each passenger must have a CBX Ticket. To access the CBX Bridge, each passenger must scan or present their boarding pass and CBX Ticket, as well as official travel documentation, such as a valid visa, passport, and I-94 form, when requested to do so by CBX staff. Passengers must use their CBX Ticket within two (2) hours of their arrival to the Tijuana Airport. Passengers must not exit Tijuana Airport’s baggage claim area; doing so will forfeit their ability to use the CBX Bridge.

5. CBX Tickets Sold by Airlines.

Airlines are solely responsible for accurately transmitting to CBX, on a daily basis, the names, emails, reservation codes, date of flights, and flight numbers, of the passengers who have purchased a CBX Ticket through them. CBX is not responsible for an airline’s failure to send such information to CBX and is not responsible for any inaccuracies in the information. Data provided to CBX by passengers in connection with their purchase of a CBX Ticket through an airline will be cross-checked and verified against the information provided to CBX by airlines. CBX Tickets purchased through an airline may only be used for the specific airline and flight for which they were originally booked – they cannot be used for a different airline reservation. Requests for refunds of CBX tickets purchased from airlines (whether from Volaris, Aeromexico or Viva Aerobus) must be made directly with the airline that sold the CBX tickets, and such refund request are subject to airlines’ specific terms and conditions.

6. Validity of CBX Ticket.

CBX Tickets purchased on the app or website are valid for up to one (1) year from the date of purchase, unless otherwise stated on the face of the ticket. CBX Tickets are non-transferable. CBX high, regular, and low season tickets’ valid dates of travel and pricing may be found here: www.crossborderxpress.com/en/tickets. Tickets’ expiration dates will not be extended.

7. Infants.

Children under two (2) years of age may cross the CBX Bridge free of charge if accompanied by an adult who (a) is authorized by sufficient and official documentation to travel with the infant and (b) has a boarding pass and a CBX Ticket. CBX staff may at any time request documentation to confirm the adult’s authorization to travel with the infant and the infant’s age. Both infants and the accompanying adult must have official documentation required by U.S. Customs and Border Protection or Instituto Nacional de Migración (INAMI), as applicable depending on the direction of travel.

8. Unaccompanied Teen Service.

In addition to the services offered by CBX, CBX offers services for unaccompanied minors between 13 and 17 years of age subject to certain limitations set forth herein (the “Unaccompanied Teen Service”). The purchase and use of the Unaccompanied Teen Service from CBX is mandatory for unaccompanied minors wishing to cross the CBX Bridge whether or not they have contracted or purchased the unaccompanied minor service known as “Volaris is With You”, AeroMexico’s Unaccompanied Minors service, or a similar service from an airline on which they will travel to or from the Tijuana Airport. No unaccompanied minor may cross the CBX Bridge without the Unaccompanied Teen Service. The Unaccompanied Teen Service is not currently available for children under the age of 13 years of age. In the southbound direction (from the CBX Terminal to the Tijuana Airport), is only available for unaccompanied minors flying Volaris and AeroMexico. The Unaccompanied Teen Service is not currently offered for Viva Aerobús flights for southbound crossings.

• For Volaris the Unaccompanied Teen Service is only available for children 13 years of age or older as of the date their airline ticket was issued.
• For Aeromexico the Unaccompanied Teen Service is only available for children 15 years of age or older as of the date their airline ticket was issued.

There are no refunds for the purchase of the Unaccompanied Teen Service.

The Unaccompanied Teen Service may include, but is not limited to:

a. For crossing services from the CBX Terminal to Tijuana Airport:

1. Confirmed identification of the minor at the CBX counters located in the CBX Terminal;
2. Appointment of a designated CBX ambassador who will accompany the minor during the CBX Bridge crossing process (the “CBX Ambassador”);
3. Assistance from the CBX Ambassador to the minor during airline check-in;
4. Verification by the CBX Ambassador that the minor’s parental consent to travel and confirmation that the minor’s travel requirements and Documentation are complete;
5. Assistance by the CBX Ambassador to the minor with the processes before immigration and customs authorities, as well as assistance in the baggage drop off areas; and
6. Escorting of the minor by the CBX Ambassador to their corresponding airline boarding gate and personal delivery of the minor to the agent of the corresponding airline.

If only one parent, guardian or authorized adult will accompany the minor to drop them off at the CBX Terminal, such parent, guardian or authorized adult must present evidence of identity and consent (a notarized consenting letter) from all non-accompanying parents or guardians to CBX consenting to the minor’s use of CBX’s Unaccompanied Team Service and their international travel.

The Responsible Adult, (as defined below) must bring the unaccompanied minor to the CBX counter at the CBX Terminal between two (2) and three (3) hours before the departure time and remain in the CBX Terminal until the CBX Ambassador notifies them that they may leave the CBX Terminal. Unaccompanied minors arriving at the CBX counter more than three hours before the scheduled departure of their flight will not be processed.

b. For crossing services from the Tijuana Airport to the CBX Terminal:

1. Confirmed identification of the minor in the baggage claim area at the Tijuana Airport, and receipt of the minor by the designated CBX Ambassador from the applicable airline’s personnel, as well as assisting the minor in the baggage claim area;
2. Review by the CBX Ambassador that the minor’s parental consent to travel and confirmation that the minor’s border-crossing requirements and documentation are complete;
3. Contact by the CBX Ambassador with the authorized adult designated to receive the minor at the CBX Terminal, who must be at the CBX Terminal at the time of the minor’s arrival at the Tijuana Airport and, in any event, before the minor and the CBX Ambassador can begin crossing the CBX Bridge to the CBX Terminal;
4. Escorting of the minor by the CBX Ambassador through U.S. immigration and customs authorities; and
5. The CBX Ambassador’s delivery of the minor to the authorized adult legally designated to receive them at the CBX Terminal, after their successful identification, and the authorized adult’s completion and signing of all required forms established by CBX’s policies.

The authorized adult must be present at the CBX Terminal to receive the minor sufficiently in advance of the minor’s arrival at the Tijuana Airport and, in any event, before the minor can start crossing the CBX Bridge to the CBX Terminal. In the event that the authorized adult is not present at the CBX Terminal, and/or the CBX Ambassador is unable to contact them within a maximum period of sixty (60) minutes following the arrival of the minor at the Tijuana Airport, CBX may, without assuming any legal responsibility over the minor, carry out all actions it deems necessary or appropriate to safeguard the well-being and safety of the minor and report such situation to the applicable authorities.

If only one parent, guardian or authorized adult will pick up the minor at the CBX Terminal, such parent, guardian or authorized adult must: (1) pass a background test (they must not have serious offenses, offenses that may be considered to place the child at risk, or be forbidden from having contact with the child, for example, under a Family Court order) and (2) present evidence of identity (valid U.S. government identification) and custody (a consenting notarized letter) from all non-accompanying parents or guardians consenting to the delivery of the unaccompanied minor over to their custody.

All purchasers, minors, agents, representatives, and/or authorized adults must comply with any and all policies established from time to time by CBX for the provision of the Unaccompanied Teen Service, including, without limitation, execution, display, and delivery of all forms and documents required by CBX, including a notarized letter of consent to take custody of the minor (if unable to show with valid documents, in CBX’s sole discretion, parental or legal guardian rights over the minor). CBX may, at its sole discretion and without assuming any liability, refuse to provide the Unaccompanied Teen Service to users and minors who do not comply with the requirements established by CBX for the provision of the Unaccompanied Teen Service, or who, in CBX’s sole judgment, do not comply with all applicable laws, rules, regulations, and policies for the transnational travel of unaccompanied minors.

It is the responsibility of each purchaser and the minor on whose behalf the Unaccompanied Teen Service is purchased to: (a) complete all required paperwork, including a notarized letter of consent, Formato SAM in the case of Mexican minors travelling from Tijuana to San Diego, and/or other sufficient documentation evidencing the minor’s ability to travel transnationally and designating an authorized adult to receive the minor at the CBX Terminal or their final destination in Mexico, as the case may be; (b) arrive at the CBX counter at the CBX Terminal between 1 ½ and 2 ½ hours before the departure time; (c) refrain from traveling with goods or currency requiring customs declaration or is subject to customs duties, taxes, or tariffs; (d) comply with all immigration, customs, and travel requirements, so that the minor can travel without the accompaniment of whoever exercises parental rights or otherwise has, in CBX’s sole discretion, sufficient documented legal evidence of guardianship or custody of the minor (a notarized consent letter) (the “Responsible Adult”), including without limitation those requirements and documentation necessary to travel on an airline without a companion and to cross the border between Mexico and the U.S.; and (e) provide all necessary documentation in accordance with applicable law. CBX may provide assistance with completing the documentation required for use of the Unaccompanied Teen Service, via its website and/or through CBX’s customer service; provided, however, that, notwithstanding CBX’s assistance, it is the sole responsibility of each purchaser and minor to comply with all requirements and complete all necessary documentation in accordance with applicable law, both in Mexico and in the U.S.

In accordance with the foregoing, purchasers of the service, for themselves and on behalf of the minor(s) on whose behalf the Unaccompanied Teen Service is purchased (together, the “Releasors”), hereby release CBX, its parents, affiliates, subsidiaries, owners, agents, employees, representatives, and contractors of and from any and all actions, causes of action, suits, losses, liabilities, rights, debts, obligations, costs, expenses, damages, judgments, claims, and demands, of every kind and nature whatsoever, whether now known or unknown, foreseen or unforeseen, matured or unmatured, suspected or unsuspected, whether in law or equity, derived from the assistance provided by CBX in any way related to the Unaccompanied Teen Service.

California Civil Code Section 1542 Waiver. The Releasors expressly acknowledge and agree that all rights under Section 1542 of the California Civil Code are hereby expressly waived. That section provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

9. Family Packs.

Passengers using CBX Tickets purchased using the family discount must cross the CBX Bridge together, at the same time and one at a time through the e-gates. (Infants under two years of age may be carried across the e-gates by an adult.).  Family packs are available for groups of 4, 5, or 6 persons, irrespective of their family status.

10. Underage Passengers.

Passengers under the age of 18 years will not be allowed to access or use the CBX Bridge in any way unless they are traveling as part of CBX’s Unaccompanied Teen Service or are accompanied by an adult who exercises parental rights and otherwise has, in CBX’s sole discretion, sufficient documented legal evidence of guardianship or custody of the minor (for example, a notarized letter of consent evidencing the legal authority to travel with the minor to CBX’s satisfaction).

11. Commuter Plan.

CBX’s Commuter Plan is designed for frequent travelers and offers packages of 10, 20 or 30 round-trip CBX Tickets, with savings up to 25% off the regular ticket price.

12. Assisted Pass.

CBX’s Assisted Pass is a personalized service which assigns a CBX Ambassador to accompany a designated traveler throughout their CBX Bridge crossing. It is primarily intended for seniors traveling alone, parents travelling with small children or any passenger who may require additional assistance. The Assisted Pass service’s further description, terms and conditions are accessible at www.crossborderxpress.com/en/assisted-pass and are incorporated as if fully set forth herein.

13. Pets, Service Animals and Emotional Support Animals.

Passengers are solely responsible and assume all liability for bringing pets, service animals, and/or emotional support animals on the CBX Bridge. Passengers must have their pet’s, service animals, or emotional support animal’s official travel documents, authorizations, and/or permits, regarding vaccinations, health, travel crates, and all other pertinent matters, as required for travel by the applicable airline or for entry into the U.S. or Mexico, as the case may be. It is the passenger’s sole responsibility to comply with all policies established by the applicable airline and pay all airline and any other applicable fees. CBX shall not be liable for any action taken by any customs or other governmental authority – U.S. or Mexico – prohibiting or impeding entry of the user’s pet, service animal, or emotional support animal, for any reason (even if no reason is provided). A service animal is an animal that performs a task or tasks for a person with a disability to help overcome limitations resulting from the disability. Federal law defines service animal as “any guide dog, signal dog, or other animal individually trained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items.” Service Animals are allowed in all areas of the CBX Facilities open to the public.

CBX may deny access to certain unusual or exotic animals that are presented as alleged service animals (for example, miniature horses, pigs, monkeys, spiders, snakes) if it determines, without limitation, that the animal is too large or heavy, the animal would pose a direct threat to the health or safety of others, the animal may cause a significant disruption, or the animal would be prohibited from entering the U.S. or Mexico, as the case may be. It is a crime to falsely claim a pet as a service animal in California. Cal. Penal Code Section 365.7(a).

14. Official Travel Documents.

Passengers are solely responsible for having all necessary official, legal, and valid documents to enter Mexico or the U.S., as the case may be. Documentation and entry requirements may differ between the U.S. and Mexico and may also differ depending on passengers’ age and nationality.

15. Disclaimer of Responsibility for Governmental Inspections.

CBX is not responsible for the customs, immigration, or any other type of inspections or law enforcement actions. CBX will at all times cooperate with law enforcement and other governmental authorities.

16. Disclaimer of responsibility for entering the U.S. or Mexico.

CBX is not responsible if applicable governmental authorities prohibit a passenger’s entry into Mexico or the U.S.

17. Missed flights due to delays in airline queues, immigration, customs or any other type of inspection, flight cancellations, lost baggage, etc.

CBX is not responsible for delays due to immigration or customs, or for delays due to the acts or inspection of any governmental authority. CBX is not responsible if a passenger misses their flight or loses their seat. CBX is not responsible for canceled flights, lost, delayed, or confiscated baggage, weather conditions, or any natural disaster of any kind. However, if a passenger crosses southbound through the CBX Bridge to the Tijuana Airport and chooses to return to the U.S. due to the cancellation of their flight, CBX may permit the passenger to use the CBX Bridge to return to the U.S. free of charge.

18. No Refunds; Additional Charges May Apply to Changes in Travel Dates

All CBX Ticket sales are final. No refunds or credits apply, even if a high season ticket is used during regular season or low season or if a regular season ticket is used during low season, or a passenger misses their flight due to delays in airline queues, immigration, customs or any other type of inspection, or if their flight is cancelled. Requests for refunds of CBX tickets purchased from airlines (whether from Volaris, Aeromexico or Viva Aerobus) must be made directly with the airline that sold the CBX tickets, and such refund requests are subject to airlines’ specific terms and conditions.

19. Tijuana Airport Regulations.

Passengers must observe, respect, and obey applicable laws and regulations, security measures, and other rules of Tijuana Airport, the applicable airlines, and applicable governmental agencies. Passengers must permit baggage inspection, observe baggage weight limits, and comply with documentation requirements.

20. Disruptive Passengers.

Disruptive passengers shall be prohibited from using the CBX Terminal, CBX Bridge, and other CBX Facilities, and shall be referred to the appropriate law enforcement authorities.

21. Right to Deny Use and Access.

CBX reserves the right to deny service provided at the CBX Facilities or to use of the CBX Bridge, at any time, in the interest of passenger safety and security, including, without limitation, in any of the following situations:

1. If a governmental authority prohibits entrance to a passenger into the CBX Terminal or the Tijuana Airport, as the case may be;
2. If a passenger appears visibly intoxicated;
3. If a passenger puts at risk, or is reasonably expected to put at risk, passengers’ safety and/or the physical integrity of the CBX’s Facilities or the Tijuana Airport´s facilities; and/or
4. If a passenger acts suspiciously or endangers, or is reasonably expected to endanger, passengers’ safety, and/or the physical integrity of CBX’s Facilities or the Tijuana Airport’s facilities.

22. Service cancellations due to causes attributable to CBX.

If CBX cancels service for causes attributable directly to CBX, CBX will refund passengers the price they paid for the canceled CBX Tickets.

23. Third-party Operators.

Passengers have access to certain third-party services at the CBX Facilities, including, without limitation, the ability to schedule and purchase shuttle transportation, to purchase certain goods, food and beverages, purchase retail, and arrange parking or other ground-transportation services (“Third-Party Goods and Services”) from independent third-party operators (“Third-Party Operators”). YOU ACKNOWLEDGE THAT YOUR PURCHASE OR USE OF SUCH THIRD-PARTY GOODS AND SERVICES AT THE CBX FACILITIES OR THROUGH THE CBX WEBSITE DOES NOT ESTABLISH CBX AS THE PROVIDER OF SUCH GOODS OR SERVICES. YOU FURTHER ACKNOWLEGE THAT CBX DOES NOT ENDORSE THIRD-PARTY OPERATORS, THAT THIRD-PARTY OPERATORS ARE NOT AFFILIATED WITH CBX AND THAT IN NO EVENT WILL CBX BE RESPONSIBLE FOR THE PROVISION OF ANY THIRD-PARTY GOODS AND SERVICES. YOU FURTHER ACKNOWLEDGE THAT THIRD-PARTY OPERATORS MAY HAVE SEPARATE AND/OR ADDITIONAL TERMS AND CONDITIONS AND PRIVACY POLICIES THAT APPLY TO THE PROVISION OF THEIR GOODS AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PASSENGER, ON HIS, HER, OR ITS BEHALF, AND ON BEHALF OF ANY ACCOMPANYING MINORS, ASSUMES ALL RISK FROM USING THIRD-PARTY GOODS AND SERVICES, AND RELEASES CBX, ITS PARENTS, AFFILIATES, SUBSIDIARIES, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND/OR CONTRACTORS FROM ANY AND ALL CLAIMS WHICH THE PASSENGER AND/OR ANY ACCOMPANYING MINORS HAS OR MAY HAVE ARISING OUT THE USE OF ANY THIRD-PARTY GOODS AND SERVICES.

24. Warranty Disclaimer.

EXCEPT AS SPECIFICALLY SET FORTH HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY LAW, CBX MAKES NO WARRANTY OF ANY KIND CONCERNING THE PASSENGER’S USE OF THE CBX FACILITIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND HEREBY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOUR SOLE REMEDY, AND CBX’S ENTIRE LIABILITY, FOR BREACH OF THESE TERMS AND CONDITIONS, AND FOR BREACH OF ANY OTHER AGREEMENT BETWEEN YOU AND CBX, SHALL BE A REFUND OF THE PRICE PAID FOR THE CBX TICKET(S). CBX MAKES NO REPRESENTATION OR WARRANTY REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SAFETY, SUITABILITY, OR AVAILABILITY OF ANY THIRD-PARTY GOODS AND SERVICES.

25. Agreement to Arbitrate; Jury Trial and Class Action Waiver.

AGREEMENT TO ARBITRATE: If a dispute with CBX arises from Your purchase or use of this ticket, You agree that such dispute shall be resolved by binding arbitration, conducted in San Diego, California. Arbitration means that an impartial third party will hear the dispute between CBX and you and provide a decision. binding arbitration means the decision of the arbitrator is final and enforceable. Given the CBX Bridge’s international operation, this agreement to arbitrate is governed by the Federal Arbitration Act, 9 U.S.C. § 1, including its procedural provisions, in all respects. State arbitration laws do not govern. This arbitration agreement is intended to be broadly interpreted and will survive termination of the Terms. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relating to the interpretation, enforceability or formation of this agreement.

CLASS ACTION WAIVER: YOU HEREBY AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. Neither CBX nor you will be entitled to join or consolidate disputes by or against others as a representative or member of a class, to obtain relief in any arbitration in the interests of the general public, or to act as a private attorney general. If any term of this arbitration agreement is found to be illegal or unenforceable, then such provision shall be severed from the arbitration agreement, but the rest of the agreement shall remain enforceable and in full effect. CBX or you each can exercise any lawful rights or use other available remedies to: (i) preserve or obtain possession of property, (ii) exercise self-help remedies, including setoff rights, or (iii) obtain injunctive relief (including public injunctive relief), attachment, garnishment, or appointment of a receiver by a court of competent jurisdiction. The substance of any disputes where public injunctive relief is available shall be decided by the arbitrator. Only if the claimant succeeds on its claim permitting the remedy of a public injunction may such claimant request that a court of competent jurisdiction enter an injunction in conformity with the arbitral award.

26. Exclusion of Indirect Damages.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL CBX OR ITS PARENTS, AFFILIATES, SUBSIDIARIES, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND/OR CONTRACTORS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, MULTIPLE, PUNITIVE DAMAGES, OR FOR ANY DELAY IN YOUR TRAVEL, INCLUDING FOR ANY PERSONAL INJURY OR PROPERTY DAMAGES RELATED TO USE OF THIRD-PARTY GOODS AND SERVICES, WHETHER AN ACTION IS IN CONTRACT OR TORT OR OTHERWISE AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF CBX OR ITS PARENTS, AFFILIATES, SUBSIDIARIES, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND/OR CONTRACTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF YOUR REMEDY OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE.

27. Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF CBX, ITS PARENTS, AFFILIATES, SUBSIDIARIES, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND/OR CONTRACTORS ARISING OUT OF OR RELATED TO YOUR USE OF THE CBX FACILITIES EXCEED THE AMOUNT PASSENGER PAID FOR THE CBX TICKET(S), WHETHER SUCH LIABILITY IS DUE TO AN ACTION IN CONTRACT, TORT, PURSUANT TO STATUTE, OR OTHERWISE. CBX SHALL NOT BE LIABLE FOR THE USE OF THIRD-PARTY GOODS AND SERVICES OR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY OPERATORS.

28. Severability and Amendment.

To the maximum extent permitted by applicable law, should any provision contained herein be deemed not enforceable, then the court or tribunal so holding shall save such provision from unenforceability by reforming such provision to the extent necessary to cause it to be enforceable and to give the maximum enforceable effect to the intentions of the parties as set forth herein; and the court or tribunal shall enforce such provisions as so saved and reformed. If, notwithstanding the foregoing, any provision hereof is held to be illegal, invalid or unenforceable under present or future laws, such provision shall be fully severable, and these Terms and Conditions shall nonetheless be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part hereof, and the remaining provisions hereof shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance herefrom. Should any provision of these Terms and Conditions be severed herefrom, in lieu of such severed provision there shall be added hereto automatically and without further action a provision as similar in terms to such severed provision as may be possible and be legal, valid and enforceable.

29. Amendments.

You agree that CBX may amend these Terms Conditions, in their sole discretion, by posting amended Terms and Conditions to this website. Your use of the CBX Terminal, CBX Bridge, CBX Parking, CBX Facilities generally, and other related services provided by CBX evidences Your acceptance of these Terms and Conditions, as amended from time to time.

For all inquiries concerning these Terms and Conditions, please contact CBX at: CBX Terminal, 2745 Otay Pacific Drive, San Diego, CA 92154.

Terms of Use of Cross Border Xpress Website

1. Terms

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright, trademark, and other applicable law.

2. Use License

Permission is granted to temporarily download one copy of the materials (information or software) on crossborderxpress.com for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not modify or copy the materials;

Use the materials for any commercial purpose, or for any public display (commercial or non-commercial); Attempt to decompile or reverse engineer any software contained on the Cross Border Xpress web site; Remove any copyright or other proprietary notations from the materials; or Transfer the materials to another person or "mirror" the materials on any other server. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Otay-Tijuana Venture, L.L.C. at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

The materials on crossborderxpress.com are provided “AS IS”. Otay-Tijuana Venture, L.L.C. makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Otay-Tijuana Venture, L.L.C. does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall Otay-Tijuana Venture, L.L.C., its affiliates, employees, agents, representatives, vendors, contractors, and/or suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on crossborderxpress.com, even if Otay-Tijuana Venture, L.L.C. or a Otay-Tijuana Venture, L.L.C. authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on crossborderxpress.com could include technical, typographical, or photographic errors. Otay-Tijuana Venture, L.L.C. does not warrant that any of the materials on its web site are accurate, complete, or current. Otay-Tijuana Venture, L.L.C. may make changes to the materials contained on its web site at any time without notice. Otay-Tijuana Venture, L.L.C. does not, however, make any commitment to update the materials.

6. Links

Otay-Tijuana Venture, L.L.C. has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. Otay-Tijuana Venture, L.L.C. also provides links on its website to certain Third Party Operators. The linked sites are not under the control of Otay-Tijuana Venture, L.L.C. and Otay-Tijuana Venture, L.L.C. is not responsible for the content us such sites. The inclusion of any link does not imply endorsement by Otay-Tijuana Venture, L.L.C. of the site. Use of any such linked web site is at the user's own risk.

7. Site Terms of Use Modifications

Otay-Tijuana Venture, L.L.C. may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Web Site Terms & Conditions of Use.

8. Governing Law

Any claim relating to crossborderxpress.com shall be governed by the laws of the State of California without regard to its conflict of law provisions. Copyright © 2022 Otay-Tijuana Venture, L.L.C. All rights reserved. CBX, CROSS BORDER EXPRESS, CBX CROSS BORDER XPRESS, THE TIJUANA AIRPORT TERMINAL—IN SAN DIEGO, CBXPRESS and CBX CROSS BORDER XPRESS THE SAN DIEGO-TIJUANA AIRPORT CONNECTION are service marks or registered service marks of Otay-Tijuana Venture, L.L.C. Any third-party trademarks referenced are the properties of their respective owners.