Allgemeine Geschäftsbedingungen

Terms & Conditions

Tulum Tours & Travel Agency

LASSAULT MEXICO SAS DE CV — Tulum, Quintana Roo, México

These Terms and Conditions constitute a legally binding contract between the Parties (as defined by service type), applicable to all services provided by Tulum Tours & Travel Agency and ancillary services, as applicable. These terms are subject to amendments in accordance with current legislation, and the most recent version will be available on the website: tulum.mx

Definitions

(A) “The Company”

Tulum Tours & Travel Agency — LASSAULT MEXICO SAS DE CV, including legal representatives, administrative staff, or anyone working within the company.

(B) “The Client”

Any individual or legal entity that contracts any and all services provided by Tulum Tours & Travel Agency, whether expressly or in writing, with advance payments, final payments, or any payment made between the parties serving as sufficient proof of the Client–Company relationship.

(C) “Main Service”

Services provided by Tulum Tours & Travel Agency to the Client.

(D) “Ancillary Service”

Services provided before, during, or after contracting the main service, contracted verbally or in writing (depending on the situation), with payment received from the Client serving as sufficient proof of contracting.

(E) “The Service / Services”

Any type of service provided by Tulum Tours & Travel Agency to the Client, whether main or ancillary in nature.

(F) “The Parties”

The Client–Company relationship.

Acceptance

By contracting, booking, or expressing interest in any main or ancillary service, the Client accepts these terms and conditions in effect on the date of service provision. The terms and conditions shall prevail over verbal or written agreements between the Parties, unless otherwise established in a written agreement.

Safety & Health Conditions

1. I. The Company hereby states that as an intermediary between the main service providers and the Client, it is not obligated to comply with care, safety, and attention regulations in the event of any incident affecting the normal course of service provision.
2. II. The Parties acknowledge that upon the Client accepting the provision of the Service and the Company accepting to provide it, they are in optimal health, physical, and mental condition. It is the total responsibility of the Client to have the necessary health certificates for any physical activity involved in the service. The Company shall not be obligated to request medical certificates of any kind; however, should it do so, the Client is responsible at their own expense for providing them, and once obtained, the Company may decide whether or not to provide the requested service.
3. III. The Company states that it has the necessary safety equipment to provide quality services; however, the correct use and care of material equipment provided to the Client remains the Client’s responsibility. If not used as indicated verbally or in writing, the Company disclaims any act or event committed by the Client, and the Client also commits to holding the Company harmless from any judicial controversy.
4. IV. The Client accepts and truthfully commits that at the time of provision of any service, they have provided truthful information about their health status, personal identification, and that of their companions. Failure to do so releases the Company from all applicable responsibility.
5. V. The Client accepts that the services provided by the Company, as applicable, involve inherent risks that may cause injuries, illness, or death through accidents. The Client accepts at all times to assume, on behalf of themselves and their companions, total responsibility for events that occur to them or their companions, and hereby releases the Company from all present, future, or past responsibility.

Causes for Service Termination

The Parties agree that the service shall be terminated if the following situations arise:

1. A) The Client has not settled the total payment required by the exact date of service provision, in which case the Company may reserve the right and decide at its discretion whether or not to refund the advance booking payment.
2. B) The Client or their companions, before or during service provision, engage in offensive conduct toward Company staff or affiliates, or are in a state of intoxication or incapacity due to consumption of narcotics, psychotropics, or anything affecting their full functional capacity.

Reservation Changes & Cancellation

1. A) The Client accepts that once their service time and date have been established, they will have a 45-minute tolerance without justification to arrive at the location indicated by the Company. However, it shall be at the Company’s discretion, with Client justification, whether to grant an extension to the previously established time.
2. B) For reservations, the Client may change the service provision date up to one week (8 days) before it is scheduled to occur. In case of cancellation, the Company shall only be obligated to refund 15% of the Client’s total payment. If the Client has only paid the advance at the time of cancellation, it shall not be refundable in its entirety.

Communication Channels

The Company states that the only established communication channels for the Client are those listed on the website: tulum.mx. Should the Client communicate through other means, the Company disclaims responsibility for any type of commitment made by the person through whatever medium the Client or interested party has established.

Emergency Cases

1. A) The Company states and informs the Client that in the event of force majeure or fortuitous events such as natural disasters, strikes, or labor conflicts, it shall be within its right to postpone or not provide the service contracted by the Client, with the obligation in the latter case to refund the total amount already paid by the Client.
2. B) The Client fully accepts that in case of emergency due to accidents or illness, the Company may request assistance from any medical institution to preserve at all times the necessary medical attention for their improvement or survival. Charges and payments shall be borne by the Client. If the Client has medical and travel health insurance covering such incidents, it is the Client’s responsibility to inform the Company before service provision.

Company Liability Exemption

The Company, Tulum Tours & Travel Agency — LASSAULT MEXICO SAS DE CV, acts solely as a commercial intermediary between service providers and the Client. Therefore, the Company does not possess nor guarantee having permits, licenses, or any other type of authorization for the direct provision of offered services. The Client acknowledges and accepts that the Company is not responsible for the direct provision of services, including but not limited to tourism, sports, adventure, or other related services.

The Client voluntarily assumes all risks associated with participation in services contracted through the Company, including risks of injuries, damages, illness, accidents, or death that may arise during or as a result of said services. The Client understands and accepts that the Company shall not be liable for any incident or accident occurring during service provision, as responsibility lies solely with the corresponding service providers.

The Client exonerates and releases the Company, its directors, employees, representatives, and agents from all liability from any claim, action, lawsuit, cost, expense, or liability of any kind, including legal fees, arising from or related to services provided by providers contracted through the Company.

Indemnification

The Client accepts that in the event their negligence or improper care partially or totally affects material objects, they must pay for all damages caused, under the damage estimates established by the Company. Likewise, for the same negligent or improper conduct that damages third-party material objects or physical third parties, the Client shall pay for all such damages and shall hold harmless the Company with respect to its owners, directors, officers, employees, agents, and representatives from any and all claims, actions, lawsuits, proceedings, costs, expenses, damages, and liabilities, including attorney fees, arising as a result.

Jurisdiction

The services of Tulum Tours & Travel Agency are regulated by current Mexican legislation applicable to the State of Oaxaca. In the event of a related dispute, the parties must first exhaust alternative dispute resolution methods, and if no proportional agreement is reached, they must submit to the competent courts for the City of Tulum, Quintana Roo.

Consent

I, the Client, personally and together with my companions, state that at the time of payment made to the Company, whether as an advance or full service payment, I have been shown and have read the provisions of these terms and conditions, and my consent and that of my companions is hereby expressed on the date the service is provided by Tulum Tours & Travel Agency — LASSAULT MEXICO SAS DE CV.