These are the Terms and Conditions that will apply to your booking/tour. Please read them carefully as you will be bound by them. These Terms shall constitute the entire agreement between the Company and the Client relating to the subject matter herein, and shall constitute a binding agreement. There is no verbal or written; representation, warranty, prior agreement, or description of services, other than as expressed herein.

The Contract and booking is made with, and services will be provided by Baja Tours Mexico Ltd. Baja Tours.CI is a tradename of  Baja Tours Mexico Ltd. as is Maestro Industries Ltd. and within this agreement will also be referred to as “the Company”. By booking a tour, you agree to be bound by these Terms and Conditions that govern the relationship, the cancellation policy and limitations of liability. These Terms and Conditions affect your rights and designate the governing law and forum for the resolution of any and all disputes.

1. THE CONTRACT

All persons wishing to make a booking have carefully read and understand the Terms and Conditions that follow. By making a booking with the Company or its Agents, you accept on behalf of yourself and all those named on the booking including minors and person under a disability to be bound by these Terms and Conditions. A booking is accepted and becomes definite only from the date when the Company sends a confirmation invoice or email. It is at this point that a contract between the Company and the Client comes into existence and becomes binding. Before your booking is confirmed and a contract comes into force, the Company reserves the right to increase or decrease brochure prices. The Company or their agents reserve the right to decline any booking at their discretion. The person or persons named on the booking are hereafter referred to as the “Client”. All bookings are made with the Company, which sells the tours described in this brochure and or through its “Agents” who sell the Company’s tours through an agreement with the Company. A tour is defined as booking anything included on the Baja Tours Mexico Ltd. website or in its brochures. These Terms and Conditions shall constitute the entire agreement between the Company and the Client relating to the subject matter herein, and shall constitute a binding agreement. There is no verbal or written; representation, warranty, prior agreement, or description of services, other than as expressed herein. The service to be provided is/are the tour(s) referred to in the booking confirmation.

2. MEDICAL RequiREMENTS

Any questions in relation to the Client’s physical or mental suitability for a trip must be reviewed by their medical practitioner for approval. The Company cannot offer advice of a medical nature. Those Clients with pre-existing medical conditions should disclose these conditions to the medical practitioner and consider this medical advice before purchasing a tour. The Client acknowledges and understands the destinations visited on Expedition travel are remote, isolated, and often far removed from medical care facilities. The Company does not employ medical personnel.  Any necessary medical attention will be provided by a local facility at the Client’s expense.  The Company is not responsible or liable for any losses or costs incurred as a result of medical services obtained, or for the quality of the care or services received.  Passengers should be aware some tours include rough terrain, extensive walking over cobblestone streets, uneven pavement, steps, and locations & overnight accommodations which may not be easily accessible or accessible by wheelchair.  Where the passenger occupies a motor vehicle seat fitted with a safety belt, the Company shall not be liable for any illness, injury or death or any loss or damages or claims whatsoever arising from any accident or incident, if the safety belt is not being worn at the time of the accident or incident.

The Client must notify the Company in writing during the process of booking of any medical conditions, pregnancy, disability or any other mental and or physical condition which may affect fitness to travel and or any medical condition. Failure to notify the Company may result in the Client being refused travel. Some trips may be unsuitable for Clients due to age, mobility, disability, pregnancy or physical or mental conditions. It is the Client’s responsibility to check prior to booking. The Company may refuse to carry pregnant women or Clients with certain conditions. The Company will do its best to meet Clients special requests including dietary, but such requests do not form part of the Contract and therefore the Company is not liable for not providing these requests. Medical facilities vary from country to country and the Company makes no representations and gives no warranties in relation to the standard of such treatment.

Traveling with Children: Clients aged 18 at date of first travel are viewed as adults. An adult over the age of 18 must accompany every 2 children under the age of 18. The ratio of adults to children traveling together must be one adult per one to three children and two adults per four children (17 and under). Unless otherwise indicated in the tour description, or otherwise by the Company, the minimum age for Clients travelling on tours is 5 years of age.  All enquiries with respect to children are subject to review and approval by the Company that reserves the right to restrict the number of travelers under the age of 18 on tours. If the adult accompanying a child is not the child’s parent or parents are divorced, then a “Parental Consent Guardianship Form.” must be signed (or other documents provided as requested by the Company) by the parent or legal guardian and received by the Company prior to departure. For more information: http://www.voyage.gc.ca/faq/children-travel_enfants-voyage-eng.asp

3. CURRENCY

The Company sells in two currencies: United States Dollar (USD$) and Canadian Dollar (CAD$).The currency applied to the Clients booking will be determined by the booking location of the Client, and the matching currency. The Company reserves the right, however, to apply the currency of their choosing to the booking.

4. QUOTE FEES AND ADMINISTRATIVE FEES

Quotes provided for tours are not subject to a Quote Fee. The Company also reserves the right to apply other Administrative Fees of USD$50, CAD$50 at its discretion.

5. DEPOSITS

• Tours and Independent Tours: At time of booking a non-refundable deposit of 40% per person, as applicable, per tour is due. This applies to tours of duration of 3 days or greater. For shorter tours, or for any activities completed within one 24 hour period, the deposit may be 50% or greater unless full payment is due on booking. If a booking is made 60 days or less prior to departure, full payment is due. The non-refundable deposit should be sent to the Company or its Agent.
• 1 Year Guaranteed Deposits: Should the Client cancel their booking, the deposit will be held as a “1 year Deposit’ with the Company, subject to the full extent of these terms and conditions. The1 Year Deposit has no cash value. Only one Deposit may be applied per tour. All 1 Year Deposits must be applied to a new tour that is of equal or greater value than the cancelled tour. A booking may not be cancelled, and have the 1 Year Deposit applied to the same or similar dates of travel or a tour at a price lower than the cancelled tour. The Deposit may be transferred or gifted to another Client.

6. CANCELLATION OF A TOUR BY THE CLIENT

Any cancellation by a Client must be made in writing, via email, and be acknowledged by the Company in writing. The date on which the request to cancel is received by the Company or its Agents will determine the cancellation fees applicable.

• The cancellation fees are expressed hereafter as a percentage of the total tour price, inclusive of taxes, excluding insurance.
  • Cancellation 60 days or more before departure: 50% of cost of services booked, inclusive of a 1 Year Deposit held by the Company.
  • Cancellation 59 -30 days before departure: 60% of cost of services booked, inclusive of a 1 Year Deposit held by the Company.
  • Cancellation less than 30 days before departure: 100% of cost of services booked, inclusive of a 1 Year Deposit held by the Company.

7. FINAL PAYMENT SCHEDULE/ACCEPTANCE OF BOOKING/CLIENT DETAILS

• Final Payment: The Company must confirm acceptance of the Client’s booking in writing. Please refer to the confirmation invoice and/or confirmation email for details regarding final payment. Payment of the balance of the tour price is due 60 days before the departure date of the first service booked. If full payment is not received by the due date, then rates and tour space cannot be guaranteed. If this balance is not paid at the time the booking is confirmed, the Company reserves the right to treat the Client’s booking as cancelled.
• If a booking is made 60 days or less before the departure date of the first service booked then the full amount is payable at the time of the booking.
• Credit Card Charges: The Company is not responsible for any charges applied to credit card transactions and will not refund or return any fees charged by third parties and incurred during the transaction of the tour cost.

8. cANCELLATION OF A TOUR BY THE COMPANY

The Company reserves the right to cancel any trip for any reason, but will not cancel a tour less than 45 days before departure except for Force Majeure, unusual or unforeseen circumstances outside the Company’s control. When a tour is cancelled by the Company before the agreed date of departure for any reason other than the fault of the Client, the Client can either:

• take a substitute tour of equivalent or superior quality if the Company is able and willing to offer such a substitute; or

1. take a substitute tour of lessor duration if the Company is able and willing to offer one and to recover from the Company the difference in price between the price of the tour originally purchased and that of the substitute tour; or

• have a full refund of all monies paid under the contract as soon as possible.

The Company is not responsible for any incidental expenses or consequential losses that the Client may have incurred as a result of the booking such as visas, vaccinations, non-refundable flights or rail, non-refundable car parking or other fees, loss of earnings, or loss of enjoyment, etc. If the Client is offered a refund but requests an alternative tour of a higher value than that originally booked, then the Client must pay the difference in price. Where after departure a significant element of the trip contracted for cannot be provided, the Company will make suitable alternative arrangements for the continuation of the trip. If it is not possible to provide a suitable alternative or the Client reasonably rejects any suitable alternatives, the Company will provide the Client a refund of unused tour portions. Where a significant alteration or cancellation occurs which is not due to Force Majeure or other circumstances beyond the Company’s control, the Company will in some circumstances offer compensation. Significant alterations do not include modification of itineraries or change in hotel, cabin or homestay accommodation provided it is of the same category.

9. UNUSED SERVICES

There will be no discounts or monies refunded for missed or unused services, this includes voluntary or involuntary termination/departure from tour, i.e. sickness, death of a family member etc, late arrival on the tour, or premature departure either voluntarily or involuntarily.

10. PRICES, SURCHARGES AND TAXES

The price of the tours published may go up or down from the time of publication. The Company recommends that the Client finds out the most up to date price of their tours including the costs of any other service provided by the Company at the time of making their booking. The Company reserves the right to increase tour price after the holiday has been booked but will not do so any later than 30 days before the departure date stipulated. After a Confirmation Invoice has been issued any increase to the tour price will be as the result of changes in an increase in transportation costs, including the cost of fuel, taxes or fees chargeable for services including, but not limited to, any currency fluctuations. If the increase would be 4 % or less of the holiday price the Company will absorb the changes in its costs of providing the tour. However if the increase is more than 4% the Company may pass this increase on to the Client. Where the increase in price is more than 7% of the Clients holiday price then in these circumstances the Clients may either:

• withdraw from the contract without incurring any penalty; or
• accept the change in price.

Tours operating in Canada are priced and advertised exclusive of Government taxes (HST, GST, PST & QST) and these taxes will be advised at time of booking and itemized on subsequent invoicing.

11. price changes

The prices in this brochure and website are based on rates and costs in effect at time of printing the brochure or posting to the website. The Company reserves the right to alter prices at any time prior to tour been paid in full.

12. FLEXIBILITY

The Client understands and acknowledges the nature of this type of travel requires considerable flexibility and should allow for reasonable alterations by the Company. It is understood that the route, schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events, which may include sickness or mechanical breakdown, flight cancellations, strikes, events emanating from political disputes, entry or border difficulties, extreme weather and other unpredictable or unforeseeable circumstances or any other reason whatsoever.

13 CHANGES

• Changes made by the Company: While the Company will endeavor to operate all tours as advertised, reasonable changes in the itinerary may be made where deemed necessary or advisable by the Company. If the Company makes a major change the Company will inform the Client as soon as reasonably possible if there is sufficient time before departure. The definition of a major change is deemed to be a change affecting at least one in three full tour days of the itinerary. If the major change is due to force majeure or unforeseen circumstances no compensation is payable. Some changes to the itinerary may happen on tour as a result of unforeseen circumstances or local situations. Any changes made to alter the itinerary as a result will be made with full authority of the tour leader and any direct or indirect cost incurred as a result will be the responsibility of the Client. Where the Company has to make a major change to the Client’s holiday before departure in these circumstances the Company will notify the Client as quickly as possible so that the Client can take the decision:
  1. whether to withdraw from the contact without penalty; or
  2. to accept the change and proceed with the holiday.
• Alteration of a Tour by the Company: Arrangements for the tour are made many months in advance by the Company. Occasionally it may be necessary on commercial, operational or any other grounds to make alterations to the tour and the Company reserves the right to do so at any time. In the event of significant alteration to an essential term of the tour or Package the Company will inform the Client or his travel agent of any cancellation or change of itinerary in writing as soon as reasonably possible in these circumstances the Client will be offered the choice of:
  1. accepting the alteration; or
  2. booking another tour of equivalent or superior quality, if available; or
  3. booking another tour of a lessor price, if available, with a refund of the difference in price, or
  4. cancelling and receiving a full refund of all monies paid.
• The Client must notify the Company of their decision in writing or via their travel agent within 7 days of receiving the notification of alteration. The Company will not be liable for indirect and or consequential losses.
• Other Changes: Any changes to a tour will depend on availability and will be on a request basis. Any extra costs incurred for making the change will be charged along with an Administrative Fee. No changes are permitted to your booking within 20 days of departure.

14. AIRFARE

• Airfare is not included in any tour or package

15. ACCEPTANCE OF RISK

The Client acknowledges that the nature of the tour is adventurous and may involve a significant amount of personal risk. The Client hereby assumes all such risk and does hereby release the Company from all claims and causes of action arising from any damages or injuries or death resulting from these inherent risks. The Client understands traveling with the Company may involve risks above and beyond those encountered on a more conventional holiday, and that they are undertaking an adventure trip with inherent dangers. The Client understands they are traveling to geographical areas where, amongst other things, the standard of accommodation, transport, safety, hygiene, cleanliness, medical facilities, telecommunications and infrastructure development may not be of the standard they are used to at home or would find on conventional holiday. The Client have read and understood the details for this trip and am undertaking to and have provided details of any pre-existing medical conditions the Client may have to the Company. The Client accepts these risks and obligations and the Client fully assumes the risks of travel.  The Client agrees that the Company shall not be liable for any damage, loss (including personal injury, death, and property loss), or expense occasioned by any act or omission of any supplier providing services, any insurer or insurance administrator or the Client’s insurance policy, or any other person.

Optional Activities

The Client understands during my trip there may be opportunities to undertake activities, which do not form part of the itinerary. The Client understands the Company makes no representations about the safety or quality of the activity, or the standard of the independent operator running it. The Client also acknowledges the Company is in no way responsible for my safety should I elect to enter into such optional activities. With full knowledge of the above, the may still elect to partake in the activity, and if the Client does so, the Client assumes full responsibility for any risks involved, and the waiver and release of the Company set out in the foregoing paragraph shall apply to such optional activities.

Hotels, shuttle services or other elements of a tour will be arranged by the Company with local suppliers, who may themselves engage the services of local operators and/or sub-contractors. Standards of hygiene, accommodation and transport in some countries where excursions take place are often lower than comparable standards than what the Client may reasonably expect at home. The Company will at all times endeavor to appoint reputable and competent local suppliers. The terms and conditions of the suppliers will be applicable and are expressly incorporated into the Contract. These may limit or exclude liability of the supplier. The liability of the Company will not exceed that of any supplier. Local laws and regulations of the relevant country will be relevant in assessing performance of the services of any supplier. In the event of a complaint by a Client, this Contract will be regarded as having been performed if local laws and regulations relating to those services have been satisfied, even if the laws of Canada have not been met.

FACTORS OUTSIDE THE COMPANY’S CONTROL (FORCE MAJEURE)

The Company 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 the Company’s 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 the Company the consequences of which could not have been avoided even if all due care had been exercised; or an event which the Company or the supplier of services, even with all due care, could not foresee.

The Company is not responsible for any improper or non-performance of any services forming part of the Contract which are wholly attributable to the fault of the passenger, the unforeseeable or unavoidable act or omission of a third party unconnected with the provision of any services to be provided under the Contract; unusual and unforeseeable circumstances beyond the control of the Company and/or the relevant supplier, the consequences of which could not have been avoided even if all due care had been exercised including (but not limited to) an event of force majeure; or any event which the Company and/or the relevant supplier could not even with all due care have foreseen or forestalled

16. AUTHORITY ON TOUR

At all times the decision of the Company’s tour leader or representative will be final on all matters likely to endanger the safety and well-being of the tour. By booking with the Company, the Client agrees to abide by the authority of the tour leader or Company representative. The Client must at all times strictly comply with the laws, customs, and foreign exchange and drug regulations of all countries visited. If the Client is affected by any condition, medical or otherwise, that might affect other people’s enjoyment of the tour, the Client must advise the Company at the time of booking. Should the Client fail to comply with the above or commit any illegal act when on the tour or, if in the opinion of the tour leader, the Client’s behavior is causing or is likely to cause danger, distress or annoyance to others the Company may terminate that Client’s travel arrangements without any liability on the Company’s part and the Client will not be entitled to any refund for unused or missed services or costs incurred resulting from the termination of the travel arrangements.

17. TRAVEL DOCUMENTS

• Valid Passport: It is the Client’s responsibility to have a valid passport and all visas, permits and certificates required for your selected holiday as well as any necessary vaccinations and to comply with all applicable laws. The Client is solely responsible for any adverse consequences resulting from missing or defective documentation. Documents: To expedite the issuing of travel documents please note that all tour related travel documents such as itineraries and invoices will be sent via email once full payment has been received by the Company. The Company reserves the right to impose an Administration Fee on those Clients who wish to receive their travel documents by other means.

18. INSURANCE

It is mandatory that all Clients obtain travel insurance with a minimum medical coverage of CAD $250,000 while travelling with the Company, and this insurance must cover personal injury and emergency medical expenses. Clients must be able to provide proof of Insurance purchase and adequate coverage as per the required amounts above if requested by the group Leader or Company Representative. It is strongly recommended the coverage be extended to include cancellation, curtailment, and all other expenses that might arise as a result of loss, damage, injury, delay or inconvenience occurring to the Client.  Please check that your insurance covers all of the activities that you are going to be participating in, as some policies exclude certain adventure activities.  The Company shall have no liability for loss, theft of or damage to baggage or personal effects. Personal belongings lost or stolen while unattended by the client in public lounges or other public areas, whether on board a vessel, train, bus, or other mode of transportation, publicly owned, corporately owned, privately owned, or operated by the Company, or elsewhere, are not reimbursable. Losses due to ordinary wear and tear, and other acts of God are not reimbursable. The Company cannot accept responsibility for and in no event shall be liable for loss or damage of valuables or other articles left in or on facilities used by the Company such as hotels, homestays, vessels, expedition vehicles, or any other mode of transportation. The Client acknowledges that the cost of the tour does not include insurance, and that the Client is required to obtain separate coverage at an additional cost. When obtaining travel insurance the Client must ensure the insurer is aware of the type of travel to be undertaken.

The Company has the right to cancel service for lack of travel insurance. Clients must be able to provide proof of Insurance purchase and adequate coverage as per the required amounts above if requested by the Company. If proof of insurance is not provided within the period of 1 week before the trip or at any time during the tour, the Company and/or its representatives have the right to immediately suspend or cancel all services. Suspension will remain in effect until proof of insurance is available. No replacement of services or compensation will be given for services lost during this interval. No compensation or refund will be given if the tour is cancelled by the Company. The 1 Year Deposit will be rendered null and void and will not be refunded.  The Company may cancel the tour at time of commencement of tour or at any time during the tour if proof of insurance is not provided upon request. No refund will be given.

19. DISCOUNTS AND PROMOTIONS

All discounts and reduced pricing are applied at the Company’s discretion. From time-to-time the Company may offer reduced pricing on selected tours. The reduced pricing applies strictly to new bookings, and bookings that have already provided deposit are locked into their original price and are not entitled to the reduced pricing. A booking may not be cancelled, and have the 1 Year Deposit applied to re-book the same or similar dates of travel or tour at a reduced price.

20. CLAIMS AND COMPLAINTS

If a Client has a complaint against the Company, the Client must first inform the tour leader at the earliest opportunity to allow the grievance to be rectified. Failure to indicate dissatisfaction whilst on tour will result in the Client’s ability to claim compensation from the Company being extinguished or at least reduced. If satisfaction is still not reached by the tour leader or other company representative during the tour then any further complaint must be put in writing to the Company or its Agents or sent directly to the Company via email at kevzen1@gmail.com within 30 days of the end of the tour. The Company will not accept any liability for claims received after this period. All disputes, claims and differences not settled as herein provided, arising out of or in connection with the Contract or in respect of any defined legal relationship associated with it or derived from it, shall be referred to and finally resolved by arbitration in accordance with the Alberta Arbitration Act.

21. CLIENT RESPONSIBILITY

The Client acknowledges he or she will be visiting places where the political, cultural and geographical attributes present certain risks, dangers and physical challenges greater than those present in his or her daily lives. By booking travel with the Company, the Client acknowledges she or he has considered the potential risks, dangers and challenges, and expressly assumes the risks attendant to such travel conditions. The Client is solely responsible for acquainting themselves with customs, weather conditions, physical challenges and laws in effect at each stop along the itinerary, and are encouraged to locate or make contact prior to embarkation with his/her local embassy or consulate in each destination.

22. OPTIONAL EXTRAS

Optional extras do not form part of the tour or contract. It is understood and accepted by the Client that any assistance given by the tour leader or representative in arranging optional extras does not render the Company liable for optional extras.  These optional extras are provided by independent entities over which the Company has no control and availability of an optional extra is not guaranteed. Accordingly, the Client hereby releases the Company from all claims and causes of action arising from any damages, loss of enjoyment, inconvenience, or injuries related to the quality of such products. Amongst others, optional extras include horseback riding, sightseeing excursions, whale watching, visit to whale shark habitats, tour of Isla Espiritu, bike rental and operation, camping in the Sierra Laguna Biosphere or any other camping, guided hiking, the process of cheese making or ice cream making, dance lesson, Temazcal, blanket making, mescal tasting activity, cooking class, any boat tour or excursion or activity via water vehicle, any guided snorkeling and other extras and activities that are not included in the tour price.

23. SUPPLIERS AND INDEPENDENT CONTRACTORS

Hotels, shuttle services or other elements of a Package will be arranged by the Company with local suppliers, who may themselves engage the services of local operators and/or sub-contractors. The Company will at all times endeavor to appoint reputable and competent local suppliers. The company is not liable for independent contractors.

24. SEVERABILITY

In the event that any term or condition contained herein is unenforceable or void by operation of law or as being against public policy or for any other reason, then such term or condition shall be deemed to be severed from this Agreement or amended accordingly only to such extent necessary to allow all remaining Terms and Conditions to survive and continue as binding.

25. SUCCESSORS AND ASSIGNS

These Terms and Conditions shall inure to the benefit of and be binding upon the Company and the Client and their respective heirs, legal personal representatives, successors and assigns.

The Company, Baja Tours Mexico Ltd, exists under, and is pursuant to, the laws of the Province of Alberta, Canada, with its registered office located at 103 Bow Ridge Road, Cochrane, Alberta, Canada, T4C 1V3.

26. APPLICABLE LAW

The Contract and these Terms and Conditions are subject to Alberta and Canadian Law and the exclusive jurisdiction of the Alberta and Canadian Courts.

27. PRIVACY POLICY

No personal information is gathered through bookings, our web site, travel agents, or otherwise, except information that you knowingly provide to us. All information provided to us through this site is kept secure and completely confidential. Personal information is not made available to third parties unless you consent to it.  We may use personal information that you supply to communicate with you and for billing purposes. Information supplied to us will only be used for the purpose disclosed to you.  The Company will provide personal information, as well as any personal information provided in relation to persons whose travel arrangements have been requested by the Client, to suppliers and carriers to enable the operation of the services requested.  If for any reason your information is required to complete any other purpose, we will advise you and obtain your consent.  We will not share personal information with other parties unless you authorize us to share, or we are required to do so by law.

28. ONLINE BOOKINGS

All online reservations shall be deemed as booked in Canada, and shall be subject to Canadian law and jurisdiction.

29. IMAGES AND MARKETING

The Client agrees that during the tour images, photos or videos may be taken by other travelers and/or the Company Staff that may contain the Client in part or in whole. The Client agrees that these images may be reproduced by the Company and the Client grants perpetual, royalty-free, worldwide, irrevocable license to reproduce such images, photos or video in any medium for promotion and publicity purposes.

30. REFUSAL OF SERVICE

At any time before or during the booking process, the Company retains the right to refuse service to any Client, for any reason whatsoever, outside of any discrimination or protected class reasons.