TERMS AND CONDITIONS
These Terms and Conditions apply to any tours booked with OUT AND ABOUT MEXICO, A travel company based in Tulum, Quintana Roo, Mexico. These Terms & Conditions govern the contractual relationship between OUT AND ABOUT MEXICO and yourself. Please read these Terms and Conditions carefully as by booking any tour with OUT AND ABOUT MEXICO you acknowledge that you have read and understood these Terms and Conditions and you accept and agree to be bound by these Terms and Conditions.
If you have confirmed booking on any tours with more than one client named and booked on such a booking, you shall be deemed to have accepted these Terms and Conditions on behalf of all clients named in the booking (including minors and those with a disability) and therefore all clients in that group indicate their acceptance and agreement to these Terms and Conditions. The client who confirmed the booking is the selected contact person for all other clients named in that booking.
Upon booking a tour with OUT AND ABOUT MEXICO, a 100% deposit is required to secure the tour and begin the necessary booking processes and ground preparations. All payments made to OUT AND ABOUT MEXICO should be free of bank charges and credit card transaction surcharges.
3) BOOKING AGREEMENT
A booking is confirmed, and these Terms and Conditions shall apply when OUT AND ABOUT MEXICO have received the applicable deposit from the client and the client has received written confirmation from OUT AND ABOUT MEXICO of such booking. The client confirming the booking must be 18 years of age and above and agrees to provide full, complete, and accurate information as requested by OUT AND ABOUT MEXICO to confirm the booking. Any client confirming a booking on any tours with more than one client named and booked on such booking represents and warrants to OUT AND ABOUT MEXICO that:
i) They have all requisite consents and authority to make such a booking on behalf of all other clients named on the booking and have communicated all necessary information to the other clients for them to give free and fully informed authorization to do so.
ii) The information that they have provided regarding all clients is complete and accurate, and they have obtained all necessary consents and permissions to share such information OUT AND ABOUT MEXICO for the purposes of completing the booking.
4) CANCELLATION POLICY
The standard cancellation policy for suppliers is:
i) A 100% refund for cancellations made at least 24 hours in advance of the start date of the experience.
ii) Cancellations made within 24 hours of the start date of the experience will receive no refund.
5) TRAVEL INSURANCE
OUT AND ABOUT MEXICO does not provide travel insurance therefore the client must obtain travel insurance from their home country with the minimum recommended medical, evacuation, and repatriation coverage, this insurance must cover personal injury and emergency medical expenses. It is strongly recommended that clients also extend their coverage to include cancellation and all other expenses that might arise as a result of loss, damage, injury, delay, or inconvenience occurring to the client. The cost of the tour does not include any insurance coverage for the client.
6) MEDICAL CONDITIONS
All clients are obligated to truthfully provide requested relevant medical information upon booking their tour. Clients are responsible for assessing their own suitability and capability to participate in a tour with us. All clients should consult their physician regarding their fitness for taking part in the booked tour.
7) PRICES, SURCHARGES, AND TAXES
OUT AND ABOUT MEXICO reserves the right to impose surcharges on any tour products, but only for reasons arising from increases in transportation costs, fuel costs, dues, taxes, or fees chargeable for services such as third party supplier costs, currency and exchange fluctuations, park fees, increases in taxes, or government action which impacts the price of the applicable tours, but only where the increase in question is substantial enough to warrant the right to impose these surcharges. OUT AND ABOUT MEXICO shall provide notice to the affected client as soon as reasonably possible upon learning of the necessity to impose a surcharge in accordance with this section.
Upon receiving notification from OUT AND ABOUT MEXICO the affected client(s) may elect to either:
(a) Cancel the applicable tour booking without incurring any penalty; or
(b) Accept the change in price.
The client acknowledges that the nature of our tour products is adventurous and may involve a significant amount of risk to the Clients’ health and/or safety. There are dangers inherent to adventure travel generally and the client acknowledges they have considered such risks to health and safety and are willing to assume it to the full extent legally possible, by confirming their booking of this tour. The Client hereby assumes all such risk and does hereby release OUT AND ABOUT MEXICO from all claims and causes of action arising from any losses, damages or injuries or death resulting from these risks inherent in travel, including adventure travel specifically, visiting wild and remote areas, and participating in adventurous activities such as those included in the tour itineraries.
9) THIRD PARTY SUPPLIERS
ALL ABOUT TULUM makes arrangements with activity providers, transfer operators, shore excursion operators, tour and local guides, and other independent parties (“Third Party Suppliers”) to provide you with the travel services and other services you purchase, or which form the component parts of your product Tour. Third-Party Suppliers may also engage the services of local operators and/or sub-contractors for the provision of travel services that form part of the tour(s). Although OUT AND ABOUT MEXICO takes all reasonable care in selecting Third Party Suppliers, OUT AND ABOUT MEXICO is unable
to control Third Party Suppliers and do not supervise Third Party Suppliers and therefore cannot be responsible for their acts or omissions. The travel services and other services provided are subject to the conditions imposed by these suppliers and their liability is limited by their tariffs, conditions of carriage, tickets, and vouchers, and international conventions and agreements that govern the provision of their services. These may limit or exclude the liability of the supplier. The client acknowledges that Third Party Suppliers operate in compliance with the applicable laws of Mexico and TULUM ADVENTURE does not warrant that any Third-Party Supplier follows the laws of the client’s country of residence or any other jurisdiction.
To the fullest extent permissible by law, OUT AND ABOUT MEXICO is not liable and will not assume responsibility for any claims, losses, damages, costs, or expenses arising out of inconvenience, loss of enjoyment, upset, disappointment, distress, or frustration, whether physical or mental, resulting from the act or omission of any party other than OUT AND ABOUT MEXICO and its employees. For clarity, neither OUT AND ABOUT MEXICO nor any carrier is liable for the acts or omissions, whether negligent or otherwise, of Third-Party Suppliers or any independent contractors.
OUT AND ABOUT MEXICO is not responsible for any damages, expenses, losses, or claims which are attributable to the fault of any Client, the unforeseeable or unavoidable act or omission of a third party unconnected with the provision of any services that form any part of the tours, or a force majeure event.
OUT AND ABOUT MEXICO shall have no liability for loss, theft of, or damage to baggage or personal effects of Clients while participating in a tour. Clients should not leave personal belongings unattended in any public areas, or elsewhere, and are always responsible for their own effects and belongings. If any loss, death, injury, or illness is caused by the negligent acts and/or omissions of OUT AND ABOUT MEXICO or of the third-party suppliers of any services which form part of the Contract then OUT AND ABOUT MEXICO limits its liability, where applicable by all applicable International Conventions.
11) FORCE MAJEURE
OUT AND ABOUT MEXICO shall not be liable in any way to the client for death, bodily injury, illness, damage, delay or other loss or detriment to person or property, or financial costs both direct and indirect
incurred, or for OUT AND ABOUT MEXICO failure to commence, perform and/ or complete any duty owed to the client if such death, delay, bodily injury (including emotional distress or injury), illness, damage or other loss or detriment to person or property is caused by Act of God, war or warlike operations, mechanical breakdowns, terrorist activities or threat thereof, civil commotions, labor difficulties, interference by authorities, political disturbance, howsoever and where so ever any of the same may arise or be caused, riot, insurrection and government restraint, fire, extreme weather or any other cause whatsoever beyond the reasonable control of OUT AND ABOUT MEXICO; or an event which OUT AND ABOUT MEXICO or the supplier of services, even with all due care, could not foresee.
12) IMAGES AND MARKETING
The client agrees that while participating in any OUT AND ABOUT MEXICO tour, images, photos or videos may be taken by other clients and/or OUT AND ABOUT MEXICO representatives or Guides that may contain or feature the client in part or in whole. The client acknowledges that they consent to any such images, photos, and videos being taken and grants a perpetual, royalty-free, worldwide, irrevocable license to OUT AND ABOUT MEXICO, its affiliates and assigns, to reproduce for any purpose whatsoever (including marketing and promotions), in any medium whatsoever, whether currently known or hereinafter devised, without any further obligation to the client or compensation payable to the client.
OUT AND ABOUT MEXICO reserves the right to update and/or alter these Terms and Conditions at any time and shall post the amended Terms and Conditions on the OUT AND ABOUT MEXICO Website. Any such amendment shall take effect 10 days following their posting to the Website. The latest Terms, as amended, may be accessed any time on the OUT AND ABOUT MEXICO website, or will be sent to clients upon their written request to OUT AND ABOUT MEXICO. Clients shall be deemed to have accepted any amendments to these Terms and Conditions on the date that is 10 days after their posting on the OUT AND ABOUT MEXICO website. OUT AND ABOUT MEXICO recommends that all Clients refer to the Terms and Conditions prior to their travel to familiarize themselves with the most up-to-date version of the Terms and Conditions.