General Terms and Conditions – Mich Mex Guides
Table of Contents
Preliminary Note
1.1 Declared information
1.2 Personal entry requirements
1.3 Insurance
- Offer Tours/Booking of a Tour
2.1 Offer Tours
2.2 Rules for offering Tours
2.3 Booking of a Tour
2.4 Change of a Tour
2.5 Prerequisites for attending - Payment and Cancellation
3.1 Payment of Provider
3.2 Cancellation Terms
3.3 Cancellation by the Provider - General rules for Provider and Customer
4.1 Request and access to Tour Description
4.2 Bindingness of Booking
4.3 Meeting Point / Delay - Liabilities
5.1 Liabilities
5.2 Liability of Provider - Data Protection and Responsibility for Contents
- Communication
- Duration of Contract
8.1 Duration of Contract
8.2 Extraordinary Dismissal
Status
Preliminary Note
The Tour Guide, who operates www.michmexguides.com.mx and is also contactable via ToursbyLocals.com, (henceforth named the “Provider”), is able to present their tour offers via websites. “Customers” are able to book these offers through these websites. The Provider offers regional tours in their own name and makes a contract with the Customer.
1.1 Declared information
The Provider is bound to make all statements truthful and always keep all information up to date.
1.2 Personal entry requirements
The Customer is responsible for his/her own admittance of health wellness and fitness.
There is no employment relationship subject to social insurance contribution by this contract between the Customer and the Provider.
1.3 Insurance
The Provider is responsible for contracting proper insurance for offering his/her services implementing a tour.
The booking fee does not include any insurance. Provider and Customer are responsible themselves to contract proper insurance protection.
- Offering Tours / Booking of a Tour
2.1 Offering Tours
The Provider assures and is liable for the possession of all required rights of use of the uploaded information in the form of photos, sounds and videos to his website.
2.2 Rules for offering Tours
From the tour description it has to be clear, that the Provider offers his/her services in his/her own name at his/her own responsibility.
2.3 Booking of a Tour
All tours that the Provider offers can be booked with the stated number of participants and dates, without the Provider confirmation of the booking.
Therefore only the Provider is responsible for deciding how many tours and dates to publish on the website. The Provider can set a “booking deadline”, so that the tour can only be booked before a certain number of days.
Changes on the tour can only be made before the booking. Later changes on the tour are only possible in accordance with paragraphs 2.4 and 3.4.
The Customer receives all information about the tour right after the booking and payment.
The booking is transferable to another person upon agreement with the Provider, unless the Provider does not allow this in his/her offer.
2.4 Change of a Tour
The Provider is obliged to implement the booked tour as offered on the website.
Later changes on the tour or the requirements are only allowed if all participants of the tour are in agreement.
2.5 Prerequisites for attending.
The Provider may set special requirements and prerequisites for attending, for example, minimum age, health conditions, fitness, etc.
It is The Customer’s responsibility to make sure he/she fulfils the stated requirements. The Provider may otherwise refuse the participation of the Customer on the tour, the booking fee will not be refunded if this is the case.
- Payment / Cancellation
3.1. Payment
The fee for the tour will be shown on the website, a 50% deposit is required for all tours, transport, walking experiences, etc., the remaining balance will be paid at the beginning of the tour.
3.2 Cancellation Terms
If the tour is canceled by the Customer, the following cancellation terms apply:
Cancellation fees for Customers:
• Up to 7 days before the tour starts: Full refund
• From 6 days before the tour starts: Non Refundable
3.3 Cancellation by the Provider
The Provider reserves the right to cancel the tour due to illness, unforeseen circumstances, force majeure events such as natural disasters or war, or any other factors beyond their control that render the tour impossible, significantly hinder its execution, or jeopardize its safety. In such cases, the Provider will promptly notify the Customer via telephone or email.
With the Customer’s prior agreement, the Provider may reschedule the tour to an alternative date and time. If the Customer consents to the cancellation, the deposit for the tour will be fully refunded.
- General rules for Provider and Customer
4.1 Request and access to the Tour Description
The Provider will give a full description of the tour at the meeting point prior to departure.
The Provider will be responsible for giving in as much detail a description of the journey and any stops that are to be made during the tour, eg., for food, refreshments, services, etc., and the Customer will be able to ask any questions regarding the tour.
4.2 Bindingness of booking
When the Customer books a Provider and a tour, the booking is binding. The Provider has a claim against the Customer for the participation on the tour. After payment of the booking fee the Customer is bound to the Provider.
4.3 Meeting Point / Delay
The meeting point and scheduled date and time are clearly specified in the booking confirmation.
The Customer is required to arrive punctually at the designated meeting point on the date and time indicated in the booking confirmation. The Provider’s time zone determines the official timing of the tour. The Provider is responsible for organizing and ensuring the tour takes place as planned and for providing the Customer with all necessary details about the tour in advance.
If the Provider has a mobile phone, their number should be shared with the Customer to facilitate communication in case of a delay. The Customer must notify the Provider immediately if they anticipate being late. However, the Provider is not obligated to wait for the Customer beyond a grace period of 15 minutes.
By prior agreement with the Provider, the Customer may be permitted to join the tour later, but this is done entirely at their own risk and responsibility.
- Liabilities
5.1 Liabilities
The Provider is liable for the correct description/content and contractual implementation of the tour/service.
The Provider must make all arrangements to avoid any accidents and damages to the Customer.
5.2. Liability of Provider
The Customer exempts the Provider from all claims and fees that occur because of acts of omissions in the preliminary description of wellness and fitness to carry on with a tour. These claims include but are not limited to injury to health and body, breach of personal rights, loss of property.
The Provider will always try to rectify any frictions with the Customer.
The Provider is not liable for any actions that the Customer incurs through misinterpretation of the rules and regulations implemented by the Provider at the beginning of any tour, or for any involvement by the Customer in anything that is illegal, or with malicious intent or gross negligence.
- Data Protection and Responsibility for Contents
The Provider is obliged to treat all given Customer data as strictly confidential and to protect them in line with the data protection rules applicable. The Provider is not allowed to give the Customer’s data to any third parties for purposes of marketing and promotion, unless
the Customer explicitly agrees with this. The Customer is responsible for the data he/she adds to the Customer reviews sections of any website.
- Communication
Wherever possible and if necessary, communication between the Customer and the Provider will be handled via agreed exchange of telephone number and/or email address.
- Duration of Contract and Cancellation
8.1 Duration of Contract
The contract is concluded at the end of the tour, but may be terminated any time by a unilateral statement of one of the parties.
8.2 Extraordinary termination
The contract can be terminated without previous notice if an important reason is existent.
Such a reason generally exists, if there are circumstances that disable a further collaboration or if the Customer breaches/breached an essential condition of the contract.
Status: October 2024
Upon registration the Customer agrees with the general terms and conditions.
