Terms & Conditions
1) OVERVIEW
These Terms and Conditions apply to any tours booked with TULUM ADVENTURE, A travel company based in Tulum, Quintana Roo, Mexico. These Terms & Conditions govern the contractual relationship between TULUM ADVENTURE and yourself. Please read these Terms and Conditions carefully as by booking any tour with TULUM ADVENTURE 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 a 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.
2) PAYMENT
Upon booking a tour with TULUM ADVENTURE, a 100% deposit is required or a deposit of 35% to secure the tour and begin the necessary booking processes and ground preparations. All payments made to TULUM ADVENTURE 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 TULUM ADVENTURE have received the applicable deposit from the client and the client has received written confirmation from TULUM ADVENTURE 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 TULUM ADVENTURE 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 TULUM ADVENTURE 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 TULUM ADVENTURE 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
TULUM ADVENTURE 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 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
TULUM ADVENTURE 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. TULUM ADVENTURE 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 TULUM ADVENTURE the affected client(s) may elect to either:
(a) Cancel the applicable tour booking without incurring any penalty; or
(b) Accept the change of price.
8) RISK
The client acknowledges that the nature of our tour products is adventurous and may involve a significant amount of risk to 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 TULUM ADVENTURE 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
TULUM ADVENTURE 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 TULUM ADVENTURE takes all reasonable care in selecting Third Party Suppliers, TULUM ADVENTURE 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 liability of the supplier. 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, TULUM ADVENTURE 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 TULUM ADVENTURE and its employees. For clarity, neither ATULUM ADVENTURE nor any carrier is liable for the acts or omissions, whether negligent or otherwise, of Third-Party Suppliers or any independent contractors.
10) LIABILITY
TULUM ADVENTURE are 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.
TULUM ADVENTURE 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 TULUM ADVENTURE or of the third-party suppliers of any services which form part of the Contract then TULUM ADVENTURE limits its liability, where applicable by all applicable International Conventions.
11) FORCE MAJEURE
TULUM ADVENTURE 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 TULUM ADVENTURE 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 war like 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 TULUM ADVENTURE; or an event which TULUM ADVENTURE 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 TULUM ADVENTURE tour, images, photos or videos may be taken by other clients and/or TULUM ADVENTURE 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 TULUM ADVENTURE, 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.
13) AMENDMENTS
TULUM ADVENTURE 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 TULUM ADVENTURE 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 TULUM ADVENTURE website, or will be sent to clients upon their written request to TULUM ADVENTURE. 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 TULUM ADVENTURE website. TULUM ADVENTURE 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.