By booking or participating in tours and any related travel products or services (a “Tour”) organized by Vibe Adventures SAS de CV (the “Company”), you (the “Customer”) agree to these Terms & Conditions (the “Terms”).
By booking this Tour, you confirm that you have read, understood, and accepted these Terms. If you make an order on behalf of other participants, you guarantee that you are authorized to accept and agree to these Terms on their behalf.
I. Price of the Tour
The price of the Tour is contractual and includes VAT. A non-refundable deposit of $99 USD must be paid upon signing up for the Tour. Payment of the deposit means the Customer’s agreement with the content of these Terms and the entry of the Contract between him/her and the Company into force. The rest of the price must be paid by the Customer no later than 60 days before the start of the Tour. If a contractual relationship arises less than 60 days before the start of the Tour, the Customer pays the full price.
By booking this Tour, you confirm that you have read, understood, and accepted these Terms. If you make an order on behalf of other participants, you guarantee that you are authorized to accept and agree to these Terms on their behalf.
II. Establishment of a contractual relationship
The contractual relationship between the Company (the organizer of the Tour) and the Customer arises when the Company sends the Customer written confirmation after receipt of the applicable deposit or full payment. The Customer should check this confirmation and report to the Company any incorrect information if such is found.
If full payment is not made upon the applicable due date, the Company may, at its sole discretion, change the Tour’s price, or cancel the booking and retain the deposit as a cancellation fee.
If the Customer cancels his/her booking, and this cancellation is not a result of any breach of these Terms, the deposit amount will be held by the Company with no expiry date and may be used by the Customer for payment of a deposit on any other Tour offered by the Company that is of equal or greater value to the canceled Tour. The deposit may also be transferred by the Customer to another person by providing written notice to the Company.
Deposit and payment must be made online on the Company’s webpage (https://vibeadventures.com/) or via one of its official Agents.
The Company has the right to withdraw from the contract if the Customer fails to pay within the specified deadlines or in cases where the Customer has invalid or incomplete travel documents (Article III) or does not meet the special conditions set out by the Company (Article IV). In the cases referred to in this point, the Company will deduct from the Customer’s payment a contractual fine according to Article V, according to the number of days remaining from the date of notification of withdrawal to the Customer until the scheduled departure date for the Tour.
III. Rights and obligations of the Customer
Fundamental rights of the Customer include in particular:
- the right for the proper provision of the agreed services;
- the right to be informed without delay of any changes to the scope of the services, the price, the program, and the deadline for payment of the Tour;
- the right of withdrawal from these Terms and reimbursement under the provision of Article V;
- the right to a reasonable discount in Article IV.
Fundamental obligations of the Customer include:
- be 18 years old or more on the day of the beginning of the Tour;
- pay the price of the Tour following Article II;
- have all documents required by relevant governmental authorities for entry to each country of the Tour, such as valid passports, visas, permits, and certificates (including but not limited to vaccination or medical certificates) and insurance policies;
- during the booking provide information about pre-existing medical conditions (including but not limited to information about food allergies and dietary restrictions) that may affect his/her ability to participate in the Tour or have a negative impact on the experience of others in the Tour;
- have travel insurance covering personal injury and emergency medical expenses with minimum medical, evacuation, and repatriation coverage of US$50,000 that is valid for the entire duration of the Tour in the countries where the Tour takes place (the Customer is obliged to prove the ownership of such insurance on the Company’s request);
- comply with all laws and regulations of the countries that he/she visits on the Tour. If the Customer breaches the above or commits any illegal act when on the Tour, or if the Company believes that he/she does or may cause distress, danger, or annoyance to others, the Company may terminate the Customer’s participation in the Tour without the right of the latter to compensation for any unused services or expenses incurred as a result of the termination of his/her travel arrangements;
- follow the instructions of the Company and its representatives and follow the program of the Tour. At the same time, the Customer participates in the Tour at his/her own risk and responsibility. The Company and its representatives are authorized to prohibit the Customer from having a dangerous or incompatible with the purpose of the Tour individual program or to exclude him/her from part of the Tour program if the health, experience, or equipment of the Customer does not correspond to the Tour program’s complexity. In exceptional cases (including but not limited to excessive drug use, vulgar behavior, and harassment of other participants), the Customer may be excluded from further participation in the Tour without the right to a refund for unused services. The Customer is obliged to inform representatives of the Company about an individual program that he/she plans to do;
- act in such a way as to avoid damage to the property and health of other participants of the Tour, the Company, its representatives, Suppliers, and subcontractors. If such damages arise, the Customer is responsible for any costs (including but not limited to repair, replacement, and cleaning fees) associated with mitigating the negative effects of such damages. The Customer also agrees to report any pre-existing damage to a representative of the Company and its service providers as soon as possible upon discovery;
- must take all measures to procure his/her safety on Tour including, but not limited to, the use of safety devices (including seatbelts, harnesses, and helmets), obeying posted signs, and oral or written warnings from the Company’s representatives regarding health and safety. Neither the Company nor its Suppliers (as defined herein) are responsible for loss or damages caused by the Customer’s failure to comply with safety instructions or warnings;
- be responsible for keeping up to date on the details of his/her Tour, including regularly checking the email that was provided during the booking for updates from the Company as well as checking the Company’s webpage at least 3 days before the start of the Tour.
The Company has the right to exclude the Customer from the Tour if any of the above-mentioned obligations are not met. The Company is not liable for any damages, costs, fees, or losses including failure to participate in the Tour that may be incurred by the Customer due to his/her inability to comply with the above-mentioned obligations.
IV. Rights and obligations of the Company
The rights and obligations of the Company are in line with the provisions of the other articles of the Terms.
Upon receipt of the deposit (or full price of the Tour), the Company is obliged to send the Customer a Tour confirmation.
The Company is authorized to make changes to its Tours (including but not limited to the route, schedules, accommodations, activities, amenities, and mode of transportation) if such are necessary due to urgent reasons. In doing so, it is obliged to maintain the quality of services and style of the Tour and to provide the Customer with a reasonable discount if the scope of the provided substitute services does not correspond with the scope of the services originally marketed.
The Company has the right to cancel the Tour as a result of an unavoidable event that the Company could not prevent (such as but not limited to natural disasters, civil wars, local unrest, etc.) at any time before or during the Tour. In this case, the Customer is only entitled to be refunded the price of unconsumed services. Any additional costs associated with these extraordinary events are covered by the Customer.
The Company may specify special conditions that the Customer must meet to participate in a particular Tour.
The Company does not bear responsibility for the Customer’s property in the event of its destruction, damage, loss, or theft during the Tour. However, the Company’s representatives will do their utmost to minimize the risks connected with such events.
The price of most of the Company’s multi-day Tours includes the service of a tour leader. The Company selects experienced tour leaders who give participants maximum information on visited places and destinations in general, lead the group in nature, take care of safety, and ensure smooth travel, transportation, accommodation, etc. However, tour leaders do not have to conduct excursions around visited settlements or at individual monuments if not otherwise specified in the description of the Tour.
The Company’s representative on the Tour has the right to impose a reasonable sanction on the Customer in the event of his/her disobedience to the Tour’s rules and representative’s instructions.
The Company may reduce the prices of some Tours, which is applicable only for new bookings. Reservations, where at least partial payment was made, are not entitled to the reduced pricing.
The Company has the right to change the Terms at any time without notice, effective upon its posting to its website.
V. Cancellation terms
The Customer has the right to withdraw from the contract with the Company at any time before the start of the Tour. The withdrawal becomes effective on the date it is delivered to the Company (if sent by mail, then on the date of its delivery to the Company). The deposit amount will be held by the Company as per Article II of these Terms while the Customer will be entitled to a refund of the remainder of the payment depending on the amount of cancellation fees.
MULTI-DAY TOURS (include at least 1 overnight stay):
Cancellation of the Tour is associated with fees that depend on the number of days remaining from cancellation of the contractual relationship to the beginning of the Tour (also applies to all extra services booked with the Company such as but not limited to airport transfers, pre- and post-night accommodations, additional activities, etc.):
- 60 days and more before the start of the Tour: 0% of the remainder of payment;
- 30-59 days before the start of the Tour: 25% of the remainder of the payment;
- 15-29 days before the start of the Tour: 50% of the remainder of the payment;
- less than 15 days before the start of the Tour, including the case when the Customer is absent on the Tour without prior notice to the Company: 100% of the remainder of the payment.
If the Tour is canceled up to 30 days before the start of the Tour, the Customer has a right to change the dates of his/her travel without cancellation fees by choosing confirmed (should be approved by the Company) future departure for the same Tour or another Tour with the same or lower price. This right can be applied only once per booking.
The Customer does not pay cancellation fees if he/she arranges a substitute participant for a Tour. Notification of a change in the name of the customer must be made no later than 15 days before the start of the Tour unless the Company and the existing Customer agree otherwise. The notice must be in writing and must include a statement from a substitute participant that he/she agrees with the booked travel agreement. The original Customer and substitute participant are jointly responsible for paying the remainder of the price of the Tour.
1-DAY TOURS (do not include overnight stay):
The Customer can cancel 1-day Tours with free cancellation up to 48 hours* before the departure with the following refund options:
- Move the Tour to a new date (the date should be confirmed by the Company).
- Transfer the total amount paid to an account credit (voucher) that may be used for future bookings.
- Receive a cash refund minus unrecoverable costs (10%: transaction and administrative fees).
* Notes: This does not apply to Tours with non-refundable activities (e.g. applicable but not limited to the entrance to Frida Kahlo Museum, ATVs, rafting, paragliding, hot air balloon flights, etc.). Partial refunds related to the changes in your group size, itinerary, or tour duration are also not applicable. Cancelation requests should be sent via email by replying to your booking confirmation email.
The Company can cancel 1-day Tours due to local COVID-19 restrictions or other logistical circumstances. If this happens, the Customer can move the Tour to another date agreed with the Company; transfer the total amount paid to an account credit (voucher) that may be used for any future bookings, or receive a full cash refund.
The Company is not responsible and does not compensate any charges imposed by third parties or financial institutions in relation to the payments made by the client to the Company. When determining the number of days for payment of cancellation fees, the day of delivery of the notice of cancellation of the Tour is counted in the number of days. On the contrary, the day of departure of the Tour is not counted.
VI. Complaint
The Customer may make any claims, preferably during the Tour without undue delay to the tour leader.
The Company is not liable for the acts or omissions of any party other than its employees. Hereby, any services provided by the Company’s Suppliers are subject to the terms and conditions imposed by these Suppliers and applicable laws of the countries in which they operate.
In the event of circumstances, whose origin, course, and consequences are not dependent on the activities of the Company, such as traffic collapse or unfavorable weather, or circumstances occurring on the part of the Customer, based on which he/she cannot make use of booked services unless otherwise agreed, the Customer does not get the right for a refund or a discount on the price of such services.
VII. Final Provisions
Unless otherwise stipulated in the travel Contract or in these Terms, the contractual relationship between the Company and the Customer is governed by the provisions of the Civil Code of Mexico (El Código Civil de México) and the Customer acknowledges exclusive jurisdiction of the courts located in Mexico City, Mexico for the resolution of any dispute under these Terms or concerning any Tour, product or service.
The Customer allows the Company, its Suppliers, and subcontractors to collect and use his/her personal data under relevant laws of Mexico to deliver the Tour and any booked services as well as send further offers, updates, and promotions, as described in the Company’s Privacy Policy, which can be accessed at https://vibeadventures.com/privacy-policy/. By providing personal information to the Company, the Customer indicates his/her acceptance of the Company’s Privacy Policy. The Customer further declares that he/she is authorized to grant such consent to the persons in whose favor the Contract has been concluded.
The Customer allows other participants of the Tour, the Company, its Suppliers, and representatives to take photos or videos that may feature him/her and grants a perpetual, royalty-free, worldwide, irrevocable license to the Company, its Suppliers and subcontractors to reproduce them for any purpose (including but not limited to marketing, promotions and the creation of promotional materials).
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