Terms & Conditions
Mexico Golf DMC is a travel agency offering customized tours to our clients. The terms «we», «us», «our», and “Cabo Golf Packages” refer to Mexico Golf DMC a Cabo San Lucas corporation. The term «you» “traveler” refers to the traveler making a booking with us and all members of their group.
CONTRACT. We draw your attention to the terms and conditions of travel below, these terms and conditions including all brochures, documents, correspondence and the terms and conditions of our suppliers form the basis of the contract with you. Before making a booking with us you must ensure that you have read and understood these terms and conditions (raising any questions you may have with us). Please be aware that these terms and conditions contain waivers of liability as well as waiver of class action and venue selection and notice clauses. By asking us to confirm your booking you are accepting all of the terms and conditions laid out below and acknowledging that you have read the terms of this contract and agree with it.
If you are making a booking as a group, the leader of the group is responsible for sharing these Terms and Conditions with all members of the group and is financially responsible for the booking. We will not be liable for a group leader’s failure to share these Terms with all travelers in their group.
You represent and warrant that (a) you are of sufficient age to use our services and website and can create binding legal obligations in connection with your use, (b) you are legally authorized to act on behalf of those you represent and accept these terms and conditions on their behalf, and (c) the information supplied by you or members of your group is true and correct.
VIOLATIONS BY YOU. You agree that any violation of any such terms and conditions may result in (a) the cancellation of your reservation or purchase, (b) your forfeiture of any monies paid for your reservation or purchase, and (c) you being denied access to the applicable travel related product or service.
CHANGES TO THESE TERMS AND CONDITIONS. Cabo Golf Packages reserves the right, in our sole discretion, to change these terms and conditions at any time. Updated versions of the terms and conditions will be posted here on this website and are effective immediately on posting. If we make material changes, we will notify you. Please check frequently, especially before you make a booking, to see if these terms and conditions have changed. Your continued use of our services, including continuing to use or maintain any bookings after any changes to the terms and conditions constitutes your consent to the changes.
Booking/Payment. When you are ready to start your next travel adventure simply contact us either by email, phone or by filling out the contact information on the website. After booking you will receive your itinerary, an invoice with payment information, and other important travel information. This invoice is subject to change until you receive confirmation that your travel is booked. Some suppliers and airlines will require a larger or payment in full to hold your booking. Traveler will be notified if a larger deposit is required. Deposits are NON-REFUNDABLE, unless stated otherwise in the Terms & Conditions of the Supplier.
Our bookings do not include airfare. You must not make any air reservation until you receive confirmation of your booking. Your contract for airfare is with the carrier and subject to its terms and we will not be liable for any change fees or cancellation fees or other additional cost you incur with the air carrier.
Upon booking, we will provide you with instructions of payments and all due dates. You must make all payments in full and on time. Failure to make a payment may result in the cancellation of your travel. In such a case this would be considered a cancellation by you and the cancellation terms and fees as described below would be in effect. Some tours require a deposit and payment in full upon arrival to your destination. In the case a traveler fails to arrive for their tour, the deposit will be retained by Cabo Golf Packages and the cost of the tour is then owed to Cabo Golf Packages in consideration for the tour and the suppliers fees.
Once payment for your trip is processed, you will receive i) a receipt and ii) a checklist of items for you to review. Please review documents carefully and promptly as we will not be responsible for any errors. It is your responsibility to review all travel documentation and alert us as soon as possible with any corrections.
TRAVELER INFORMATION. While we do not assist with air reservations, we bring to your attention the importance of accuracy. Names provided to secure reservations must match travelers’ passport. Travelers voluntarily assume full and sole responsibility for any and all risks and/or costs involved with failure to report any errors and/or omissions to documentation.
PRICE AND RATE CHANGES. The price of your itinerary will be based on known costs at the date of issue of the itinerary. All prices we advertise are accurate at the date published, but we reserve the right to change any of those prices from time to time. Prices include a cost for local taxes that are estimated at the date of publication.
We reserve the right to make changes to and correct errors in advertised prices at any time before your travel is confirmed. We will advise you of any errors at the time of booking.
What’s Included in Your Tour
Transfers
Cabo Golf Packages is pleased to offer Private transfers in accordance with your individual itinerary for tours and activities. You must be on time for all transfers. There will be no refund for missed or unused transfers. You must provide us your flight information no less than 21 days prior to departure to ensure transfers will be available. If at any time your flight plans change, you must notify us immediately. Failure to do so may result in missing these services and no refund shall be due for missed arrival transfers resulting from missing or outdated flight information.
Sightseeing/Activities
Sightseeing tours and activities are included as provided in the individual itineraries. These tours and activities are designed to accommodate individuals as well as groups. As a courtesy to others in the tour and/or activity, it is mandatory that you be on time for all scheduled experiences. Tours and activities will begin on-time and failure to arrive will be considered a no-show for which no refunds will be available. It is essential that you keep in mind that tour and activity times are set to accommodate climate, crowd size and best viewing options for our groups. At times, early morning departure times may help create a better experience. Therefore, late arrivals cannot be accommodated.
Changes to Itineraries
Cabo Golf Packages reserves the right to make changes to its published itineraries that are due to reasons beyond our control. In such cases, we will arrange for the substitution of comparable services.
While no changes are anticipated, there may be occasions when certain alterations become necessary. These can be due to religious holidays, national celebrations, or unforeseen events including weather, governmental closures, acts of God, or any other reason. Cabo Golf Packages reserves the right to change the itinerary due to such unforeseen circumstances or emergencies. Additionally, historic sites undergo renovations from time to time which can obscure viewing or otherwise change the nature of visiting these sites. No tours will be cancelled due to renovations, although Cabo Golf Packages may choose to amend itineraries for such sites. These changes will not be considered as material changes and will not be considered cause for cancellation by the guest.
If we suggest alternate activities in place of a planned stop or in case of leisure time, such suggestions do not constitute our endorsement. In such a case you will be subject to the terms and conditions of the supplier of the activity and your only recourse in case of damage will be against the supplier of the alternate activity.
What’s Not Included
Any items and matters not referred to in your itinerary are not included in the package price. Additional taxes and surcharges may be collected by foreign governmental and non-governmental entities. If you leave the guided holiday/vacation whether of your own volition, due to illness, action by any government or other reason, there is no applicable reimbursement.
Cancellations
Cancellation
As described above, Cabo Golf Packages may be required to pay all suppliers well in advance of your package date. All suppliers have their own cancellation policies, which apply to your booking. Should a cancellation become necessary, please inform Cabo Golf Packages immediately in writing and request a written confirmation of your cancellation. Upon receipt, Cabo Golf Packages will follow industry procedures for any applicable refunds as outlined in the supplier’s terms and subject to their review. If you are entitled to a refund, please note that the supplier is responsible for this refund, not Cabo Golf Packages. Suppliers may choose to provide a travel voucher or credit in lieu of refund. We are not responsible for a supplier’s failure to pay a refund or for supplier bankruptcy or insolvency.
Cancellation of Changes by Cabo Golf Packages
We reserve the right to cancel or reschedule any activity for any reason. If we cancel, except in the case of a force majeure event, we will offer alternate arrangements. We may at our sole discretion offer travel vouchers or refunds in accordance with the cancellation schedule above. Guest is responsible for any additional costs for air tickets or other travel arrangements not made by us.
If between planning time and/or during actual travel, circumstances require changes, Cabo Golf Packages and its suppliers, reserve the right to cancel or vary any itinerary and substitute components of any package, including but not limited to security matters, and/or other events make such alterations necessary. Sightseeing Tours may be altered as described above. Cabo Golf Packages cannot be held responsible for any closures, necessary itinerary changes, or curtails for any reason made by suppliers. These changes will not be considered material changes and will not be considered cause for cancellation by the traveler. Normal cancellation penalties still apply to the package that has been changed.
NO REFUND FOR UNUSED ARRANGEMENTS. As Cabo Golf Packages prices are based on contract rates, there will not be any refund for any unused portion of a travel booking. If you cancel while the trip is in progress, there is no refund for the unused portion.
FORCE MAJEURE. Cabo Golf Packages assumes no liability for, any loss, damage, delay, or cancellation resulting in whole or in part from an Act of God or any other force majeure condition, including, without limitation: fire, volcanic eruption, hurricane, environmental pollution or contamination, inclement weather, earthquake, low or high water levels, flood, water or power shortages or failures, tropical storms or hurricanes, riots or civil commissions or disturbances, and any other acts of a similar nature, sabotage, arrests, strikes or labor disruptions, restraint of rulers or peoples, expropriations, acts of terrorism, war, insurrection, quarantine restrictions, government health advisories, epidemics, pandemics, or warnings or alerts of any kind of nature, government seizures, refusal or cancellation or suspension or delay of any government authority or any license, permit or authorization, damages to its facilities or the travel supplier and its facilities, or any other unforeseen circumstances or any other factors unforeseen by Cabo Golf Packages that impacts negatively on, or hampers, its ability to fulfill any of its contractual conditions. In the circumstances amounting to force majeure, we will not be required to refund any money to you, although if we can recover any monies from our suppliers, we will refund these to you without any charge by Cabo Golf Packages.
Travel Protection.
Cabo Golf Packages is not qualified to answer technical questions about the benefits, exclusions, and conditions of travel insurance plans. If you choose to travel without adequate coverage, we will not be liable.
Non-Responsibility. Cabo Golf Packages and its employees, shareholders, agents, and representatives use third party suppliers to arrange tours, transportation, sightseeing, lodging, and all other services related to this package. Cabo Golf Packages is an independent contractor and is not an employee, agent, or representative of any of these suppliers. Cabo Golf Packages does not own, manage, operate, supervise, or control any transportation, vehicle, airplane, hotel or restaurants, or any other entity that supplies services related to your package. All suppliers are independent contractors and are not agents or employees or representatives of Cabo Golf Packages. All tickets, receipts, coupons, and vouchers are issued subject to the terms and conditions specified by each supplier, and by accepting the coupons, vouchers, and tickets, or utilizing the services, all travelers agree that neither Cabo Golf Packages, nor its employees, agents, or representatives are or may be liable for any loss, injury, or damage to any tour traveler or their belongings, or otherwise, in connection with any service supplied or not supplied resulting directly or indirectly from any occurrence beyond the control of Cabo Golf Packages. Cabo Golf Packages assumes no responsibility or liability for any delay, change in schedule, loss, injury or damage or loss of any traveler that may result from any act or omission on the part of others; Cabo Golf Packages assumes no responsibility or liability for personal property; and Cabo Golf Packages shall be relieved of any obligations under these terms and conditions in the event of any strike, labor dispute, act of God, or of government, fire, war, whether declared or not, terrorism, insurrection, riot, theft, pilferage, epidemic, pandemic, illness, physical injury, quarantine, medical or customs or immigration regulation, delay, or cancellation. Cabo Golf Packages accepts no responsibility for lost or stolen items. Cabo Golf Packages reserves the right to refuse any traveler or potential traveler at its sole discretion.
Assumption of Risk/Waiver. Traveler is aware that the trip may involve inherent risks. Inherent risks include, but are not limited to, risk of injury or death from: motor vehicles collisions, animals, roadway hazards, slips, and falls, criminal or terrorist acts, government actions, consumption of alcoholic beverages, tainted food, or non-potable water; exposure to the elements, including heat, cold, sun, water, and wind; your own negligence and/or the negligence of others, including tour guides, other travelers, Cabo Golf Packages and its employees, agents and/or representatives; attack by or encounter with insects, reptiles, and/or animals; accidents or illness occurring in remote places where there are no available medical services; fatigue, chill, overheating, and/or dizziness, known or unknown medical conditions, physical excursion for which you are not prepared or other such accidents; the negligence or lack of adequate training of any third-party providers who seek to assist with medical or other help either before or after injuries have occurred; accident or illness without access to means of rapid evacuation or availability of medical supplies or services; and the adequacy of medical attention once provided.
Traveler understands the description of these risks, is completely aware that unanticipated risks may result in injury, illness, or death. In order to partake in the enjoyment and excitement of this trip, traveler is willing to accept the risks and uncertainty involved as being an integral part of travel, including the risk of infection, illness and death. Traveler hereby accepts and assumes full responsibility for any and all risks and agrees to and shall hold harmless and fully release Cabo Golf Packages from any and all claims associated with the trip, including any claims of third party negligence and/or the negligence of Cabo Golf Packages and traveler hereby agrees not to sue Cabo Golf Packages for any such claims or join any lawsuit or action that is suing Cabo Golf Packages. This agreement also binds your heirs, legal representatives and assignees. The terms of this HOLD HARMLESS AND RELEASE OF ALL LIABILITY paragraph, shall survive any termination or cancellation of this Contract, whether by operation of law or otherwise.
Indemnification. Traveler agrees to and shall indemnify and hold harmless Cabo Golf Packages, and each of our officers, directors, employees and agents (collectively “Cabo Golf Packages”), from any expenses, losses, liabilities, damages, judgments, settlements and costs (collectively, “damages”) involved with or incurred by Cabo Golf Packages (including, without limitation, reasonable attorneys’ fees and the advancement of same) with respect to any claims, law suits, arbitrations, or other causes of action, which result, directly or indirectly, from: (i) traveler’s breach or violation, or threatened breach or violation, of this Agreement and (ii) Any damage caused by traveler while participating in the trip.
Pre-existing Medical Conditions/Persons with Disabilities. The nature of many of the destinations we travel to means that in some cases they may be unsuitable for those who use a wheelchair or have a lack of mobility.
It is essential that you advise us before booking if you do have any disability or pre-existing medical condition which may affect your package, or if you have any special requirements as a result of any disability or medical condition (including any which affect the booking process) so that we can assist you in considering the suitability of the arrangements and/or in making the booking. Please note that accommodations outside of the USA may not be in compliance with the Americans with Disabilities Act and may not have wheelchair accessibility.
Our Suppliers are, unfortunately, unable to offer additional assistance to travelers with limited mobility and all such assistance will need to be provided by whoever the traveler is traveling with.
PHOTOGRAPHIC/VIDEO LIKENESS. Traveler hereby gives consent to Cabo Golf Packages to publish any photographs and/or videos of the trip or Traveler in printed or electronic media without obtaining further consent and without compensation. Each Traveler releases Cabo Golf Packages and its representatives from any liability in connection with any use of such photographs and/or video.
CLASS ACTION WAIVER/LIMITATION of DAMAGES/Notice of Claim. You agree that you will not bring claims against Cabo Golf Packages in your individual capacity and not as a plaintiff or class member in any purported class action or representative proceeding. Cabo Golf Packages shall not in any case be liable for any compensatory damages, and your payment of a deposit on a package means that you agree to these conditions of sale and expressly waive any right to punitive damages. You understand and agree that no claims will be considered and that you will not bring suit against Cabo Golf Packages.
GOVERNING LAW/SUBMISSION TO JURISDICTION. JURY WAIVER/NOTICE OF CLAIM. This Agreement and all attachments hereto and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Baja California Sur exclusive of conflict or choice of law rules. Any claims shall be brought in a court of competent jurisdiction located in Cabo San Lucas, Baja California Sur. You agree that you will not bring claims against Cabo Golf Packages in your individual capacity and not as a plaintiff or class member in a purported class action or representative proceeding. Cabo Golf Packages shall not in any case be liable for compensatory damages, and your payment of a deposit on a package means that you agree to these conditions of sale and expressly waive any right to punitive damages. You understand and agree that no claims will be considered and that you will not bring suit against Cabo Golf Packages.
Entire Agreement & Severability: This agreement, including any other documents, including invoices, we provide you, constitutes the entire agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, with respect to Cabo Golf Packages.