These terms and conditions regulate the legal relationship between traveler and tour operator. Please read them carefully.BOOKING
By means of the reservation request you issue a binding offer to Aventuras México Profundo to conclude a travel contract. The contract is being established with the written reservation confirmation by Aventuras México Profundo, which requires no particular form and which you'll receive the day after your request. By booking, these reservation and travel conditions stated here are considered accepted by you. If the content of the booking confirmation is deviant from the contents of the booking request, then the deviation becomes binding for both, if advised of the change in the booking confirmation and you do not object within 10 days. The booking is established by the registering person also for all listed participants in their names. If the registering person also books on behalf of other persons, he shall also be liable for the tour price and any cancellation fees, unless it is not expressly agreed otherwise in the booking request / confirmation. You will receive a definitive booking reconfirmation as soon as the minimum number of participants has been reached, but no later than 8 weeks before departure.TRAVEL CONTRACT
Basis of the travel contract are only statements, descriptions and conditions published on our website www.mexicoprofundo.com.mx, (the website thereon) as well as the written reservation confirmation from Aventuras México Profundo.PAYMENT
Once the minimum number of participants is reached, but no later than 8 weeks prior to departure, you will receive your definitive booking reconfirmation and at this time a deposit of 50% of the total booking price is due. The deposit will be deducted from the total booking amount. The remaining balance is due at the latest 3 weeks prior to departure. The travel documents will be sent to you immediately upon receipt of your final payment.
If the travel booking is short-term, i.e. later than 22 days before departure, then with the completion of the travel contract the total booking amount is due immediately in one sum. If full payment has not been completed until 14 days before departure, Aventuras México Profundo may withdraw from the contract after previous notice. In this case, the same cancellation fees will apply as if you had cancelled.
Usually no reminders for final payment are sent out; therefore please remit timely payment of the remaining balance. Cancellation, processing and rebooking charges will apply upon receipt of the final booking reconfirmation.SERVICES
The scope of the contractual services results from the specifications and descriptions of the services on our website and from the details referring to the services in the reservation confirmation. The information contained in these publications is binding for Aventuras México Profundo. The tour operator reserves, however, expressly the right to declare changes to published data for objectively justified, substantial and unforeseeable reasons, of which the traveler will be informed prior to booking.SERVICE AND PRICE CHANGES
Changes or alterations to single travel services from the agreed content of the travel contract, which become necessary after conclusion of contract and were not brought about by the tour operator in bad faith, are only permitted if the changes or modifications are not substantial and do not affect the overall character of the booked travel package. Aventuras México Profundo is committed to inform you of these changes of services immediately, as far as possible and in case the difference is not so slight that it is reasonably acceptable for you even without prior knowledge. Possible warranty claims remain unaffected if the amended services are defective. Travel price changes after the completion of the travel contract are permitted in the event of increases in transportation costs or charges for certain services, as airport, security or port fees as well as exchange rate changes, according to their actual impact per person or per seat or per rental, if between the conclusion of contract and the agreed departure date is a time span of more than 4 months. A price increase may only be advised until the 21st day before the departure date. If a price change of a journey occurs, the participants will be immediately notified thereof. If the price increases after the contract closure by more than 5% of the total price, the participants will be entitled to rescind without any fees from the travel contract or to demand participation in another equivalent travel package from our program if we are able to offer such. The rights are to be claimed immediately after the declaration of the price increase.NON-USE OF SERVICES
If you do not make use of any service, renounce from a service or break up the tour prior to its scheduled end, you are not entitled to a refund. Aventuras México Profundo will endeavor, however, among the service providers for reimbursement of expenses saved. This obligation is void if it is a completely insignificant service or amount, or if a refund is contrary to the provisions of the service provider or to legal or official provisions. Aventuras México Profundo may retain 20% of the amount obtained from the service providers as compensation for additional effort and cost. You are not entitled to a proportionate refund of the price in these cases.CANCELLATION BY THE TRAVELER AND REBOOKING
You can withdraw at any time prior to the start of the trip. The receipt of a written resignation statement is decisive for Aventuras México Profundo. Failure to travel is generally regarded as a withdrawal. In the event that you withdraw from the contract or do not travel, we will demand adequate compensation for the travel arrangements and expenses incurred. The cancellation fee, which we need to demand in case of your cancellation of the journey for each booked participant is as follows:
In any case Aventuras México Profundo is entitled to charge the costs related to the cancellation, such as fax, phone, etc., in a separate manner. Should you withdraw from your reservation request before receiving your reservation confirmation and if Aventuras México Profundo has already booked the corresponding services with the service providers, then the cancellation charges as described above for the cancellation of the travel contract do apply. After the reservation confirmation we handle, upon your request, rebooking procedures onto another journey, another date or another accommodation up to the 32nd days prior to originally scheduled departure. For this purpose, an amendment fee of $ 50.00 USD per person plus additional expenses for any necessary fax and / or telephone charges will be required. Short-term rebooking (from 31 days before departure) upon your request, that imply a substantive change to the travel contract confirmed by Aventuras México Profundo, give Aventuras México Profundo the right to treat the changes as a cancellation in accordance with the above stated cancellation fees and with a subsequent new booking process. All cancellation and rebooking fees are immediately due after invoicing.
Up to the departure date, you may request that a third party instead of you takes part in the trip and in the rights and obligations resulting from the travel contract, unless there are special reasons to the contrary. Aventuras México Profundo may object to the admission of third parties if this person does not comply with specific travel requirements or if legal or governmental directives preclude his / her participation in the journey. If a third party is admitted into the contract, then he /she and the original traveler are liable to Aventuras México Profundo as joint debtors for the travel price and for additional costs incurred by the admittance of the third party. Upon justified objections by Aventuras México Profundo the usual cancellation fees apply, if you do not declare immediately prior to departure that you will make the trip. Name changes must be notified immediately after booking. In case of naming a substitute traveler Aventuras México Profundo charges a handling fee of $ 50.00 USD per person.CANCELLATION BY THE TOUR OPERATOR
Up to 8 weeks before departure the tour operator may withdraw from the contract, if the minimum number of participants specified in the travel description or in other documents, that have become part of the travel contract, has not been reached. In this case we will notify you promptly thereof. Aventuras México Profundo will not be liable for cancellation fees for pre-/post tour programs that have been booked with other service providers / operators, as there is no entitlement to compensation for any at your own initiative pre-booked third-party services such as airline or train tickets, visas, inoculations, equipment, materials, etc. If we receive prior to departure knowledge of in the person of the traveler lying reasons giving rise to fears of significant disturbance of the journey, we are entitled to withdraw from the contract immediately. In addition, the regulations regarding cancellation by the traveler and rebooking apply. Even after the beginning of the journey, the tour operator can cancel the contract without prior notice, if, despite warning, the passenger substantially disrupts the journey or acts contrary to the travel contract. In the above case, the tour operator is entitled to the full tour price.LIABILITY OF THE TOUR OPERATOR
Aventuras México Profundo is liable under its duty of care of a prudent businessman for a careful travel preparation and operation, careful selection and monitoring of service providers, the correct description of all travel services, the proper provision of travel services according to local practice at the respective destination and for a fault of the person entrusted with the provision of service according to the regulation at the place of the service provision.WARRANTY
If the journey is not provided as specified in the travel contract, you can demand measures of rectification. For that purpose you should contact immediately the tour guide, or directly Aventuras México Profundo. Aventuras México Profundo may also rectify providing an equivalent substitute service. Aventuras México Profundo may deny rectification if it requires a disproportionate effort. For the duration of a non-conforming provision of service, you can request a corresponding reduction of the price (reduction). The price is to be reduced by the ratio between the value of the journey in proper condition and what would have been its actual value at the time of sale. The reduction does not apply, if you culpably neglected to report the defect.LIMITATION OF LIABILITY
We are not liable for services provided by third parties and those marked in the tour description or confirmation as external services. This is especially true for any activities marked in the itinerary of each tour as optional or any optional add-on programs. If the tour operator publishes in the travel documents the name of the tour guide, this assignment must always remain non-binding, as it is not part of the travel contract. The tour operator reserves to change the tour guide, even at short term. A change of the tour guide is not considered a reason for free cancellation of the travel contract.COOPERATION OF THE TRAVELER
The traveler is required to cooperate in the case of disruption of any services to avoid or minimize any damage. The traveler is also required to immediately report any complaints to the local tour guide. The guide will make reasonable efforts to take remedial action, if possible. The guide is not authorized though to accept or recognize any claims with effect against Aventuras México Profundo. Is a local tour guide not available, then the objections are to be notified to the respective local service provider and / or Aventuras México Profundo. If you culpably failed to report a defect, then the right to claim a reduction is not granted.CONDITIONS FOR THIRD PARTY SERVICES
Insofar as Aventuras México Profundo provides third party services, it acts on behalf of the respective company, even if the invoice is issued in our name. Any funds collected for a third party company can therefore only be reimbursed with consent of the company involved.
Aventuras México Profundo is not liable for careless and inadequate provision of travel services by the third party company. For rescission, cancellation or rebooking by the customer before departure apply the relevant conditions of the third party company. Aventuras México Profundo will make, however, reasonable efforts in the event of cancellation or defects in the journey to obtain a proportionate refund of the price from the relevant operator.BAGGAGE LOSS AND DELAY
In the event of damage or delivery delays in air travel we recommend urgently to file immediately and on the spot the Property Irregularity Report (PIR) to the responsible airline. Airlines usually refuse refunds if the damage or delay report has not been filed. The report for lost luggage must be notified within 7 days, in case of delays within 21 days after delivery. In addition, the loss, damage or misdelivery of baggage, must be notified to the tour leader or local representative of the tour operator.EXCLUSION OF CLAIMS
Claims regarding non-conforming provision of travel services have to be filed by the traveler within one month after the contractually stipulated time of completion of the journey. Only claims received within the above mentioned deadline will be accepted by Aventuras México Profundo. This time frame does not apply to the deadline for filing reports regarding damage to baggage; delays in baggage delivery or luggage loss in relation with air travel (see baggage loss and delay). These events are to be reported within 7 days for lost luggage, delayed luggage within 21 days after delivery.STATUTE OF LIMITATIONS
Claims by the customer, based on an intentional or negligent defect of obligations of the tour operator, shall expire in two years. All other claims are limited to one year. The period begins with the day on which the journey should end in accordance with contractual agreements. Should negotiations between the customer and the tour operator about the claim or the circumstances giving rise to the claim continue, the limitation period is suspended until the customer or the tour operator refuses to continue the negotiation. The limitation period shall expire no earlier than three months after the suspension ends.CANCELLATION OF THE CONTRACT DUE TO EXCEPTIONAL CIRCUMSTANCES
If the tour due to force majeure (such as for example war, civil unrest, natural disasters, majestic legal arrangements) be significantly impeded, endangered or impaired, then both the tour operator and the traveler may terminate the travel contract. If the contract is terminated, the tour operator will demand an adequate compensation for the services already rendered or for those still necessary to end the journey. Furthermore, the tour operator is obliged to take the necessary measures for return transportation of the tour participant. Any additional expenses are to be covered by the traveler.PASSPORT, VISA, CUSTOMS, CURRENCY AND HEALTH REGULATIONS
The traveler is responsible for complying with all the implementation of the travel regulations themselves. All disadvantages that may arise from non-compliance with these regulations mentioned are at his own expense. We expressly point out that we are only permitted to give hints in relation to vaccination, and that therefore you seek timely advice from your doctor, also regarding any allergic reaction to vaccines.INSURANCE
None of the tours featured on our website includes travel insurance policies. Specifically, we recommend acquiring optional travel cancellation and travel insurance policies (luggage, health and emergency insurance). For a small extra charge, a journey break-up insurance policy can be booked, that will refund the partial price in case of a travel break-up after departure.INEFFECTIVENESS OF INDIVIDUAL PROVISIONS
The ineffectiveness of individual provisions of the travel contract or these General Terms and Conditions does not affect the validity of the remaining conditions of travel and not affect the validity of the travel contract as a whole. Additional agreements require written confirmation by Aventuras México Profundo.GENERAL PROVISIONS
All information is current as of publication (October 2011). The prices offered are valid for journeys beginning up to 31.12.2012. We reserve the right to correct typing and calculation errors.JURISDICTION
The traveler can sue the tour operator only at its established location. Jurisdiction for journeys by Aventuras México Profundo is the city of La Paz, Southern Baja California, Mexico. For law suits of the tour operator against the traveler the place of residence of the traveler shall prevail, unless the legal claim is directed against merchants or individuals who, after closing the travel contract, have moved their place of residence or habitual residence to a foreign country, or against those, whose domicile or habitual residence at the time of the legal claim is not known. In these cases, the location of the tour operator is decisive.