Terms and Conditions

This website is operated by My Cabo Excursions. Throughout the site, the terms “we”, “us” and “our” refer to My Cabo Excursions. My Cabo Excursions offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. 

  1. YOUR USE OF THE WEBSITE

You (the “User” and/or “Client” and/or “Consumer”) agree:

1.1 to abide by all applicable laws, regulations and codes of conduct when using the Website and to be solely responsible for all things arising from your use of the Website.

1.2 not to use the Website in any way which might infringe any rights of any third party or give rise to a legal claim against My Cabo Excursions by any third party.

1.3 not to damage, interfere with or disrupt access to the Website or do anything that may interrupt or impair its functionality.

1.4 not to obtain or attempt to obtain unauthorized access, through whatever means, to the Website or other services or computer systems or areas of our, or any of our partners’, networks which are identified as restricted.

1.5 not to collect or store personal data about other users for commercial purposes.

1.6 to respect the privacy of your fellow Internet users.

1.7 to provide true, accurate, complete, and current information to us and notify us immediately of any change.

 

  1. CONTENT

2.1 The material and content provided to you on the Website is solely for your personal non-commercial use and you agree not for yourself or through any third party to distribute or commercially exploit all or any part of the Content.

2.2 All Content (including, but not limited to articles, features, photographs, images, brands, logos, illustrations, audio clips and video clips, as well as all products, software, technology or processes described in this Website are protected by copyright, trademarks, service marks and/or other intellectual property rights and laws and all Rights in relation to the Website are and shall remain owned or controlled by My Cabo Excursions, or as appropriate, the third party Rights owner. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through this Website.

2.3 Nothing contained on the Website should be construed as granting, by implication or otherwise, any license or right to use, deal with or copy in any way in party or in whole any Rights without our written permission or, as appropriate, the permission of the third party Rights owner. Your misuse of the Rights, except as expressly provided in these Terms and Conditions, is strictly prohibited.

  1. ACCESS AND AVAILABILITY OF SERVICE AND LINKS

This Website from time to time contains links to other related World Wide Web Internet sites, resources, and sponsors of this Website. Since My Cabo Excursions does not approve, check, edit, vet or endorse such sites, you agree that My Cabo Excursions is not responsible or liable in any way for the content, advertising or products available from such sites or any dealings that you may have, or the consequences of such dealings, with the operators of such sites. You agree that any dealings you have with such third party site operators shall be on the terms and conditions (if any) of the third party site operator and should direct any concerns regarding any external link to the site administrator or Webmaster of such site. My Cabo Excursions makes no representations nor does it take any responsibility in relation to the content of any sites accessed through these links.

  1. CHANGES TO TERMS AND CONDITIONS

My Cabo Excursions may from time to time change, alter, adapt, add, or remove portions of these Terms and Conditions and, if it does so, will post any such changes on this Website. Your continued use of the Website after such changes constitutes your acceptance of those changes.

  1. CHANGES TO WEBSITE

My Cabo Excursions may also change, suspend or discontinue any aspect of the Website, including the availability of any features, information, database or content or restrict your access to parts or all of the Website at its discretion without notice or liability.

  1. NO WARRANTIES

6.1 We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

6.2 In no case shall My Cabo Excursions, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

6.3 While My Cabo Excursions takes all reasonable steps to ensure a fast and reliable service it will not be held responsible for the security of the Website or for any disruption of the Website however caused, loss of or corruption of any material in transit, or loss of or corruption of material or data when downloaded onto any computer system. You will remain responsible and liable for material you upload on to or access from the Website and you will indemnify My Cabo Excursions in the manner set out in paragraph.

 

  1. LIABILITY FOR LOSSES/INDEMNITY

7.1 By accessing this Website you agree that My Cabo Excursions will not be held liable to you or any third party for any direct, indirect, special, consequential or any other loss or damage arising from the use of or inability to use the Website or from your access of other material on the internet via web links from this Website.

7.2 You agree to indemnify, keep indemnified, defend and hold harmless My Cabo Excursions and its parent companies, subsidiaries, affiliates and their respective officers, directors, employees, owners, agents, information providers and licensors from and against any and all claims, damages, liability, losses, costs and expenses (including legal fees) (whether or not foreseeable or avoidable) incurred or suffered by any Indemnified Party and any claims or legal proceedings which are brought or threatened arising from your use of, connection with or conduct on the Website or any breach by you of these Terms and Conditions. My Cabo Excursions reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to co-operate without defense of such claim.

  1. EXCLUSIONS

The exclusions and limitations contained in these Terms and Conditions apply only to the extent permitted by law.

  1. LEGAL JURISDICTION AND APPLICABLE LAW

My Cabo Excursions is a Mexican company, and the terms and conditions of the use of this Website shall be governed in accordance with the laws of the United States of Mexico. The user is deemed to hereby submit and agree to the exclusive jurisdiction of the courts of Los Cabos, Baja California Sur, Mexico  in respect of any disputes arising out of or in connection with this Web Site, so the user expressly waives any jurisdiction that may correspond by reason of his domicile. These terms and conditions or any further terms and conditions referenced on this Website or any matter related to or in connection herewith.

  1. LIABILITY

10.1 Online Booking of Independent Third-Party Suppliers: Booking services provided for excursions on this Website involve services offered by independent third-party suppliers. My Cabo Excursions is not liable nor does it accept liability for actions or omissions of the independent contractors supplying the excursions for which booking services are provided; and the purchaser of the excursions here provided shall be deemed to have waived any claims against My Cabo Excursions in connection with the excursions purchased.

10.2 Products, services, or excursions on this Website for which booking services may be requested involve activities that may involve risk. The consumer of this service assumes the risk inherent in all such activities. By accepting these services, the purchaser thereof agrees that My Cabo Excursions is not responsible for losses or damages including bodily injury, property damage, or economic loss incurred while participating in the activity for which booking services are provided.

10.3 Excursions subject to change without notice. My Cabo Excursions provides access to the best excursions operated by the most reliable vendors. Excursions & Transfers are operated by local third-party Suppliers.  Some excursions require physical activity. Please consider the nature of the excursion to make sure it is appropriate for your age and physical condition.

  1. CONDITIONS OF CONTRACT OF ONLINE BOOKINGS

The service supplier reserves the right to cancel, shorten or alter the excursion due to circumstances outside of their control. In the event of such an occurrence, a full or partial refund may be given, however, the consumer hereby waives any claim against My Cabo Excursions, or the service supplier for any consequential damages arising as a result thereof.

  1. REFUNDS, CANCELLATIONS AND CHANGES

If cancellation is made with more than 48 hours in advance 100% refund.

If cancellation is made between 24 and 48 hours in advance 50% refund.

All cancellations made less than 24 hours prior to the starting time of the service will be charged in full unless otherwise supported by a medical note from a qualified doctor stating the valid medical conditions for which the client cannot receive the reserved service(s).

All changes to the day/time of the same service shall be subject to the following conditions:

No charges shall apply to make changes to your reservation(s) upon availability with the supplier. Changes have to be made between 24 and 12 hours prior the starting time of the service from 9 AM to 5 PM, Cabo Time Monday Thru Saturday.

  1. TERMINATION AND SUSPENSION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

  1. ASSIGNMENT

My Cabo Excursions may assign its rights and obligations under these Terms and Conditions and upon any such assignment it shall be relieved of any further obligation hereunder.