Terms and Conditions of Transit, Assumption of Risk, Release, To Travel with Baja Trek
In the following, Baja Trek will herein be referred to as Baja Trek, and the customer will be referred to as Trekker.
We still value the worth of one's word. That said, we didn't want to have to include some of the following but the guy down town, who wears a suit and a tie and moonlights in a band playing accordion, told us we had to.
Baja Trek tickets are non-refundable unless pursuant to another section. Transferability of tickets is at the discretion of Baja Trek only. Travel tickets which are issued for a specific tour will only be valid for the specific date and travel adventure they were issued for.
2. Cancellation by Trekker
All deposits are non-refundable but may be applied to another trip less a $50.00 U.S. dollars service charge with at least 7 days advanced notice of cancellation. The transferred deposit must be utilized for another trip within 180 days of written notice of cancellation at time of receipt after which time all deposit monies will be forfeited by the Trekker. All adventure tour cancellations that are fully paid made 59-30 days before departure are refunded 50% of Adventure price and food fund. Cancellation by Trekker occurring 15-29 days before departure are refunded 25% of adventure tour price and food fund. Cancellations by Trekker less than 15 days receive 0% (zero) refund. These dates refer to the date we receive written notification of cancellation. It is the responsibility of each and every Trekker to procure travel insurance for irrecoverable cancellation costs,injuries,death and acts of God .
At the time of booking a deposit of $150.00 U.S. dollars is due unless otherwise stated in the trek. The full price must be paid prior to departure date or paid to the driver or Baja Trek representative. If payment is not made on time then Baja Trek, it's partners, and/or assignees may cancel all travel arrangements and charge all applicable processing fees, booking fees and cancelation costs. Minors under 18 years of age are required to have the express written consent of their parent or guardian to be present. All minors under 17 must be accompanied by a parent or guardian to participate in any and all activities. It is important to note that Mexico requires a notarized travel letter signed by both parents or legal guardians for minors to travel within its national boundaries.
4. Discounts, Refunds, Terms
Baja Trek, will not under any circumstances, offer a discount or refund any monies for missed, unused or lost services. This includes, but is not limited to any form of voluntary or involuntary termination, cessation or stoppage such as death, illness, natural disaster, and acts of God, etc. Should a Trekker fail to show their participation the ticket is null and void.
No show or late show will result in no refunds or discounts of any kind given. Trekker is responsible for making any and all cancelation notice with Baja Trek. Baja Trek assumes no liability for lateness, inconveniences, accident costs, loss and damages. Trekker is responsible for Trekker's own food, accommodations and travel expenses if Trekker leaves prior to trips completion. There will be no reimbursement, refund, or credit given.
5. General Bookings
All agents and assignees of Trekker who make travel arrangements for actual Trekker are responsible for all accuracy of information and knowledge of tours offered and, as such, is liable to Baja Trek.
Baja Trek assumes no liability for luggage on the Trek whether lost, damaged or delayed. All luggage and personal belongings are the sole responsibility of the Trekker.
7. Travel documents
It is the sole responsibility of the Trekker to be in possession of valid travel documents, such as passports, visas, permits, insurance, certificates, etc. for the entire Trek. Baja Trek will not delay any journey while Trekker procures the proper documentation. Any information provided by Baja Trek is only advisory in nature and is provided as a courtesy. It is in no way meant to supplement or usurp legal travel information.
8. Flexibility of Travel
Due to the nature, place and type of travel Baja Trek and its subcontractors, may alter, change or cancel some, or all of the Treks depending on the modification warranted. In cases of emergencies, changes in circumstances, roads, and border closures, and breakdown, or anything outside the scope of control of Baja Trek, Baja Trek will make every effort to give advanced notice. The itineraries outlined are merely suggested, flexible and only representative of the types of adventures possible. Baja Trek reserves the right to make substitution to these at any time and makes no guarantee either express or implied to strictly follow outlined itineraries. Itineraries are for representative purposes only.
9. Force Majeure/Factors Outside Control
Baja Trek can not be liable for acts outside its control. Whether cause, by acts of God, nature, road conditions, terrorist activities, fire, breakdowns, civil disturbances, war-like activities, political problems, labor problems, demonstrations, floods, riots, etc. which may cause bodily injury, death, illness, inconvenience, loss of monetary funds, crime or any other form of loss or personal detriment to the Trekker or property of the Trekker.
10. Illegal Substances/Artifacts
Baja Trek does not condone or allow any Trekker to carry any form of illegal substance of any kind in its vehicles or on its adventures. Mexico and the States of Baja Norte, and Baja Sur, as well as, the United States have very strict illegal drug laws, as such, the Trekker agrees to indemnify Baja Trek for any hardship, inconvenience or delay which results directly or indirectly from Trekkers use and/or possession of any substance that is deemed illegal either by the Mexican or American authorities. The Trekker assumes sole responsibility for the use and possession of illegal substances and/or artifacts.
11. Times and pickups/drop offs
From time to time, Baja Trek may at its discretion alter or change the time and place of pickup and drop off. Every effort will be made to give as much advanced notice as possible.
Baja Trek reserves the right to use any film, photographs, or other media images and material made during the journey. Baja Trek may also, at its discretion, give travel credit for media received from Trekker.
Baja Trek would like to know if there is a problem. If a Trekker is unhappy or unsatisfied, the Trekker must make this known to the Baja Trek representative as soon as possible. If the Baja Trek representative on site can not resolve the complaints the Trekker should alert Baja Trek office as soon as is possible. If the problem still exists the Trekker must notify Baja Trek within 10 (ten) days in writing from the conclusion of the journey for a resolution.
Baja Trek does not provide travel or flight insurance. As such the Trekker participates in all activities at their own risk. Further, Baja Trek will not assume any liabilities for damages which are caused or are resulting from contractors, third parties, fellow passengers or employers, etc.
The Trekker understands the rigorous nature of travel offered by Baja Trek and its contractors, as such, breakdowns, road closures and change of itineraries occur. Further, Trekker understands that Baja Trek and it's contractors, third parties utilized at times unconventional touring vehicles which are out of the norm and differ in comfort, space and design. As a result, Trekker agrees to use, utilize and exercise special caution within and around the vehicles while moving, stopped or camped. Therefore, Trekker assumes the risk of any and all property damage, injury or death which may result.
All Trekkers are responsible for their state of health. The Trekker must inform Baja Trek and its contractors if they have any dietary restrictions or needs when booking the trip. The Trekker unequivocally authorizes any medical treatment(s) that are necessary for any form of injury or illness and agrees to pay all costs associated and incurred.
Baja Trek, its representatives and contractors have authority for final decisions regarding all aspects relating to the health, safety and welfare of the Trekkers and the journey. It is expected that all Trekkers, will adhere to the laws of the host country. In such case where the Trekker does not adhere to the laws of the host country or in the opinion of Baja Trek's representative and/or contractors, the Trekker's behavior is creating or has created damage to others then the Trekker's trip will be terminated at any time without any refund or legal recourse of the Trekker.
18. Successors and Assignees
All Terms and Conditions include herein shall inure to the Trekker's heirs, assignees, legal and personal representatives without exception.
19. Passengers Under 17
All passengers under the age of 17 must be in possession of a signed copy of permission to travel in Mexico by both parents or legal guardians and must be accompanied by at least one parent or guardian during the journey.
Baja Trek in certain instances may act as an agent for various third party companies and/or travel services who provide activities and travel outside the scope of Baja Trek services as such, Baja Trek will not be liable for acts of omissions in any aspect and assumes no duty to recommend, certify, verify, monitor or inspect any third party activity. The Trekker agrees to hold harmless or indemnify Baja Trek for any incident, arising out of or resulting from, or caused either directly or indirectly by third parties or contractors as it relates to Trekker.
21. Waiver and Severability
Failure of either party to this agreement to enforce all of the terms of this agreement shall in no way make invalid the agreement in its entirety and shall not constitute a waiver of any other terms and conditions or be construed as a breach. Further, no other part of this agreement will be deemed invalid or unenforceable if any part of this agreement is found to be invalid.
22. Assumption of Risk
The Trekker understands and agrees that by accepting travel with Baja Trek and/or its contractors that certain dangers, risks and problems may arise and that the Trekker may be subject to unforeseen and foreseen acts or omissions which may cause hazards and certain risks. These hazards, and risks may cause property damage, bodily injury and and/or death. The Trekker realizes and understands that these hazards and risks may arise from, but are not limited to, acts of God, natural causes, negligence of Baja Trek, its employees, agents,assignees, and/or contractors or the neglect or acts of third parties and fellow passengers, breakdowns, crime, strikes, war, riots, civil disturbances, unconventional and conventional forms of travel, transportation, etc. As such, the Trekker knows and understands that such risks that may cause loss, damage, injury, or death are inherent in travel and as such, the Trekker voluntarily assumes the risk and will not hold Baja Trek, its agents, owners, employees, officers, associates, directors or third party entities, contractors responsible in any way and forever releases the above mentioned from any liability to Trekker. As such, the terms of this agreement shall serve as a total and complete release and as express assumption of the risk for the Trekker, the Trekker's heirs, assignees, executors, family, administrators and any and all minors accompanying Trekker. The Trekker further agrees to hold harmless Baja Trek against any suits, claims, causes of action, liability, etc. which may arise now or in the future.
23. Legal Venue
The Trekker knows and understands that any dispute regarding Baja Trek shall be governed by binding arbitration subject to Mexican law. The Trekker waives the right to utilize or rely on any jurisdiction or law of any country outside Mexico and agrees to pay the costs associated with arbitration and to waive any trial/court proceeding in Mexico unless countermanded by Baja Trek, its officers and directors. As such the venue will be Mexico. Baja Trek retains the right to prosecute in the court with jurisdiction over Trekker.