Welcome to the website caboconcierge.com (“Cabo Concierge”), collectively referred to as the “Site”. The use of this Site is expressly conditioned on your acceptance of these Terms and Conditions. By using this site, You agree to the Terms and Conditions. Cabo Concierge reserves the right to add or modify the Terms and Conditions at any time. All terms added or modified will take effect at the time they are updated. The continued use of this site even after the publication of the changes made to the Terms and Conditions will mean that You accept said changes. Please visit this page periodically for any changes.
DEFINITIONS.- For all purposes of the Terms and Conditions established herein, the following definitions shall be understood: TOURISM AGENCY.- Company (LUXVA, S. DE R.L. DE C.V.) this company for the purposes of marketing services through the website caboconcierge.com, who contract and / or act as intermediaries through their reservation services, for the benefit of a User-Tourist, regarding the tourist services provided directly by the Provider. (Hereinafter referred to as “Cabo Concierge”). caboconcierge.com.- Cabo Concierge’s website that acts as an intermediary and as a reservation engine, offering through the internet to the User-Tourist, the various tourist services provided directly by the Provider. (Hereinafter referred to as the “Site”). USER-TOURIST.- Person who travels temporarily and / or who uses the site caboconcierge.com, in order to make use of the intermediation and the reservation engine of Cabo Concierge and with the ultimate purpose of enjoying any of the tourist services provided directly by the Provider. (Hereinafter referred to as “You”). PROVIDER.- Individual or legal entity that directly provides tourist services to the User-Tourist, contracted, reserved or acquired by the latter through the intermediation and reservation engine of the Cabo Concierge site.
DECLARATIONS.- You declare under protest of telling the truth, appearing by your own and personal right and / or through your legal representative, that You are a natural person or legal entity, of legal age, skillful, capable and with sufficient means or with economic capacity to be bound under these Terms and Conditions, as well as with interest in acquiring the intermediation and reservation services that are specified here, and for that purpose You choose Cabo Concierge in order to act as a mere intermediary between You and the direct Providers tourist services.
You declare under protest of telling the truth, that You acknowledge that the services provided by Cabo Concierge and its Site, consist SOLELY AND EXCLUSIVELY IN THE INTERMEDIATION BETWEEN YOU AND THE DIRECT PROVIDER OF THE SERVICES OFFERED ON THE SITE; Cabo Concierge declares (a) to be a duly incorporated commercial company in accordance with Mexican law. (b) That its address is located on Calle. Colina Abajo Maz. 1 Lt. 1, Fraccionamiento Colinas Plus, San José del Cabo, Baja California Sur, Mexico, Zip Code. 23444. (c) That for the purposes of these Terms and Conditions, it only acts as INTERMEDIARY between You and the Providers of said tourist services, and that for this purpose, it has the technical and administrative capacity, as well as the necessary material elements and Human resources to reserve on Your behalf and upon Your request the services to which these Terms and Conditions refer. (d) That based on the foregoing Declarations, You accept these Terms and Conditions.
OBJECT.- The object consists in the INTERMEDIATION that will exist between Cabo Concierge, You and the Providers, where Cabo Concierge for the purposes of these Terms and Conditions, will act solely and exclusively as INTERMEDIARY, providing You through its Site, including, but not limited to, the land transportation reservation service, boat and yacht activities, rental of villas and lodging establishments, yoga sessions, private chef service, massages, and in general reservation of tourist attraction sites; among others. Thus, once the reservations are confirmed by Cabo Concierge containing the tourist services chosen by You (according to their availability), the intermediation service provided by Cabo Concierge shall conclude, since said tourism services will be provided to You directly by the Providers.
USE OF THE SITE.- Cabo Concierge grants You a limited, non-transferable, revocable license to use this Site in accordance with these Terms and Conditions. You must use this site solely to make or purchase legitimate reservations and may not use it for any other purpose, including but not limited to making any speculative, false or fraudulent reservation. This Site and its content referred to in it, including, but not limited to: texts, paragraphs, statements, specific combination of words, letters or phonetic elements, graphics, button icons, brands, logos, graphic design works, photographs, trade notices, patents, business method, specific color and shape combinations, editorial material, printed formats, search formats, digital downloads, data compilations, source codes, software, etc. are the exclusive property of Cabo Concierge or it has all the Licenses and Authorizations for such use, therefore You shall not copy, reproduce, republish, upload, modify, transmit or distribute said content without having the prior written authorization of Cabo Concierge, except in cases (a) in which You download to view and print the material that is contained in this Site or (b) download or print the material that is sent to Your email by Cabo Concierge, thus any total or partial reproduction of the Site or any use of its content for commercial gain is strictly prohibited. You may not use any “robotic”, “spider” or other automatic device, program, algorithm or methodology that has similar processes or functions, or any manual process, to monitor or copy any of the Web pages, data or content, source code, found on this Site under no circumstances and without the prior written consent of Cabo Concierge. In accordance with the foregoing, You agree that You shall not copy, publish, transmit, modify or transfer in any other way the data or content of this Site to any computer, server, website, or other means of mass distribution, for the use of any commercial company, any site, web page, or national or foreign company that represents an economic activity. You also agree that You shall not use any device of any kind, software or routine to interfere with the performance of this site. The unauthorized use that You make of this site or any total or partial reproduction of the Site and / or its content and its material, may violate the laws that govern the property of Copyright, Industrial Property Rights and other laws. You must respect all the notices on Copyright and Industrial Property Rights and may not alter, hide, or destroy any of these notices. The use of such material on any other website or in any networked computer environment, is prohibited. It is prohibited by Cabo Concierge that You post or transmit any material that is against the law, threatening, libelous, defamatory, obscene, indecent, pornographic, profane, or any material that may constitute or encourage others to have conduct that may be consider crimes or that in any other way violate any law. In addition, You are prohibited from displaying or transmitting any information that (a) infringes the rights of other people, or violates their privacy, or publicity rights, (b) is protected by Copyright, Trademark or other Rights of Property, unless You have the express written authorization of Cabo Concierge or the owner of such rights, (c) that contains a virus, bug or any other dangerous item or (d) that is used to collude illegally against another person to the detriment of their right to market or compete. You will be solely responsible for any damage that is caused by any violation of Copyright, Industrial Property, or any other type of Property Rights, or for any other damage that is caused by the misuse that You make of this site.
AGE AND RESPONSIBILITY.- You declare, regardless of your Country of origin, that You are of sufficient legal age to use this site and subscribe and be bound by these Terms and Conditions, as well as to be responsible for the legal obligations that bind You with any responsibility incurred by using this Site. You understand that You will be financially responsible for all the use that You make of this Site and those who use it using Your information to access it.
RESERVATION, PAYMENT AND CANCELLATION POLICIES.- The rates shown on the Website are only valid at the time of their quotation. The rates will apply for their respective charge, only in case of reserving the desired service, otherwise these rates may vary. A reservation is considered completed when You receive a confirmation email (with attached PDF file) and the corresponding charge has been applied. At the time of booking, You authorize us in writing and / or verbally to use Your credit card number to make your payment (in case You do not pay through PayPal), and expressly confirm that You know and accept these Terms and Conditions as well as the Cabo Concierge privacy notice. All reservations are subject to availability at the time of processing Your request. For some reservations (duly identified before filling in Your contact and credit card details), we have to verify availability directly with the provider’s reservations department before we can confirm them. Cabo Concierge asks You a maximum of 4 hours for this availability check and confirmation. In order to avoid setbacks, You must print your confirmation that is sent to your email, and present it at the time of requesting your paid service. If You wish to change or cancel Your reservation, please contact the assigned Cabo Concierge Advisor as soon as possible. Cabo Concierge suggests You to carefully read the clause corresponding to the CANCELLATION POLICIES. Any change of reservation is subject to availability and re-quotation of rates.
PAYMENT POLICIES.- The corresponding amount of your reservation, will be immediately charged by Cabo Concierge to the credit card details that You provide for this purpose, as long as the status of your reservation shows that it is confirmed. Also, You can pay through PayPal, which is a safe and efficient online payment method. The rates published on our site are quoted in US Dollars, which are duly specified at the time, therefore the amount of the transaction will be converted to Mexican pesos at the exchange rate prevailing on the respective transaction date. Please take into account that the amount that will appear on your credit card payment receipt may vary up to three percent due to the international fluctuation of the currency exchange rate. Cabo Concierge is not responsible for such fluctuation. You acknowledge having been informed of the exchange rate fluctuation and agree with the corresponding charge. In case You require a fiscal invoice, please contact Cabo Concierge via e-mail or call the telephone lines indicated on the Website.
CANCELLATION POLICY.- Any cancellation request must be informed by You in writing via e-mail to your assigned Advisor. For Cancellation of Reservations of the different tourist services offered by Cabo Concierge, You should consult the links called Cancellation Policy, the applicable cancellation terms and conditions for each direct Provider of the services. Nevertheless, from the information that You can consult in these links, Cabo Concierge describes its general cancellation policies applicable to the tourist services offered below:
1.- LAND TRANSPORTATION.- LOS CABOS AREA: Cancellations are accepted without extra charge with at least 3 hours in advance. If it is canceled after 3 hours, a charge of 30% of the total cost of the service is made. In the event that the unit goes to the pick up point, and the clients do not take the service, the total charge for the service is made. To reschedule it is required a minimum of 3 hours in advance. TODOS SANTOS Y LA PAZ AREA: Cancellations are accepted without extra charge with at least 8 hours in advance. If it is cancelled after 8 hours, a charge of 30% of the total cost of the service is made. In the event that the unit goes to the pick up point, and the clients do not take the service, the total charge for the service is made. To reschedule it is required a minimum of 8 hours in advance.
2.- VILLAS.- Cancellations are subject to a possible refund, with 30 days in advance, and if the dates already set aside are occupied, in this case the refund will not be valid; If the full payment of the service is covered and cancellation is required, a 50% credit can be given to save another date. Given situations of illness or extreme cases, the case can be studied and an agreement reached.
3.- BOATS AND YACHTS.- If You have to cancel due to any personal inconvenience, your deposit is not refundable, but You can reschedule for a different date, which better suits your schedule. Rescheduling is only valid with 14 days’ notice. There is no responsibility for unavailable dates regarding to your rescheduling, and refunds are not valid under any circumstances. If we cancel your dates due to weather issues, mechanical failures or any other reason, we will rebook. In case of bad and / or dangerous weather, refunds are only allowed when your reservation is canceled due to a closed port announced by the Port Captain himself. However, refunds are not allowed when the weather conditions are not “perfect and sunny”. Partial refunds are not allowed when boats or yachts request to be interrupted by You and / or any of your guests. If the boat is not in the condition You expected, You have the right to refuse our services and a full refund is allowed before departure from the marina; however, once You have proceeded with your rental and left the marina, You will not be able to cancel, and any form of refund policy will be invalid. In this case the customer will lose his full payment. The client no longer has the right to refuse the rental, once being in the water and / or days later.
4.- MASSAGES.- Cancellations are accepted without extra charge with at least 1 day in advance. If it is canceled on the same day of the service, a charge of 50% of the total cost of the service is made. In the event that 20 minutes pass and the service is not at the location, a full refund is made.
5.- TOURIST ACTIVITIES IN WILD CANYON PARK (ZIP-LINE, RIDES THROUGH THE BEACH ON MOTORCYCLE, WALK THROUGH THE DESERT ON CAMEL, ZOO ACCOMPANIED WITH HORSE CAROUSEL, WALKS TO DISCOVER THE FLORA AND CULTURE OF LA BAJA, TOBOGGANS AND BUNGEE OR GIANT SWING, ETC.).- Cancellation policies will be divided into two items a) Individual and b) groups.
INDUSTRIAL PROPERTY.- You acknowledge that the “C CABO CONCIERGE” brand is a registered trademark for the exclusive use of Cabo Concierge. And included, but not limited to, the other brands, logos, trade names, patents, utility models and business methods, client portfolio, that appear or function on this Site, constitute Industrial Property rights that are registered or in the process of registration, are the exclusive property of Cabo Concierge, its affiliates, or contracting third parties, and were provided for the use of the Site, for this reason Cabo Concierge has the respective authorizations and / or license of use and therefore You cannot copy, reproduce, republish, upload, post, modify, transmit or distribute said rights or the content of this Site, without having prior written authorization from Cabo Concierge, except in cases (a) in which You download to view and print the material that is contained in this Site or (b) download or print the material that is sent to Your email by Cabo Concierge, in which situations, You may only and exclusively use it for Your personal use. Due to the foregoing, nothing contained in this Site, including Your rights protected by the applicable Industrial Property Law, by International Laws and Treaties, may be considered by You as a license or right to use any of the Trademarks, or other Industrial Property rights without the prior written consent of Cabo Concierge, or, where appropriate, of the holders of such rights. And You are prohibited from using them in any other application that is not allowed by Cabo Concierge or any other commercial use. You agree not to alter the Industrial Property of Cabo Concierge in any way, nor will action be allowed in any way that may impair, denigrate or diminish the Industrial Property rights of Cabo Concierge. You agree not to use Cabo Concierge’s trademarks or trade names as domain names or register them as part of a domain name, or their placement as part of Internet Advertising, without Cabo Concierge’s prior written consent. Cabo Concierge reserves the right to monitor the quality of the use of Your Industrial Property, in addition, it will notify You immediately in writing in the event that it becomes aware of the existence of any violation of Your Industrial Property. Any inappropriate use of the content and the Industrial Property of this Site is susceptible to violation of the Laws of Industrial Property, Mexican and Foreign, of International Treaties as well as rights consigned in the Civil, Criminal and Commercial Laws. If You incur in any inappropriate use of the content and Industrial Property of this Site, Cabo Concierge will have the right to require You (a) to stop using the content that Cabo Concierge considers violates its Industrial Property rights. (b) to stop copying totally or partially, reproducing, republishing, uploading, publishing, transmitting, distributing or modifying the use of the content and of the Industrial Property Rights of this Site (c) may require You to establish an appropriate use of its Industrial Property rights or (d) may initiate the necessary legal procedures to defend its Industrial Property rights.
COPYRIGHT.- You acknowledge but not limited to, that all texts, paragraphs, statements, specific combination of words, letters or phonetic elements, graphics, button icons, graphic design works, photographs, specific combination of colors and forms, editorial material, printed formats, search formats, digital downloads, data compilations, source codes, software, computer programs, databases, advertisements, that appear or function on this Site, constitute Copyrights found registered or in the process of registration and are the exclusive property of Cabo Concierge or the provider that provides the service, with ownership of patrimonial rights, or on which there is a License of use or respective Authorization and were provided for the use of the Site, therefore You may not copy, reproduce, republish, upload, post, transmit, modify or distribute such rights nor the content of this Site, without having the prior written authorization of Cabo Concierge, except in cases (a) in which You download to view and print the material that is contained in this Site or (b) download or print the material that is sent to Your email by Cabo Concierge. Due to the foregoing, nothing contained in this Site, including the rights protected by Federal Copyright Law, and by International Laws and Treaties, may be considered by You as a license or right to use any of these Copyrights without the prior written consent of Cabo Concierge. And You are prohibited from using them in any application that is not allowed by Cabo Concierge or any other commercial use. You agree not to alter Cabo Concierge’s Copyright in any way, nor will action be allowed in any way that may impair, denigrate or diminish Cabo Concierge’s Copyright. You agree not to place all or part the Copyrights of Cabo Concierge as advertising on the internet without prior written consent of Cabo Concierge. Cabo Concierge reserves the right to monitor the quality of the use of its Copyrights, in addition, it will notify You immediately in writing in the event it becomes aware of the existence of any violation of its Copyright. Any inappropriate use of the content and the Copyright of this Site is susceptible to violation of the Federal Laws of Copyright, Mexican and Foreign, of International Treaties as well as rights consigned in the Civil, Criminal and Commercial Laws. If You incur in any inappropriate use of the content and Copyright of this Site, Cabo Concierge will have the right to require You (a) to stop using the content and Copyright of the Site, (b) to stop copying in whole or in part, reproduce, republish, upload, post, transmit, distribute or modify the use of the content and the Copyright of this Site (c) may require You to establish an appropriate use of the Copyright or (d) may initiate the legal procedures necessary to defend its Copyright.
PRIVACY AND SECURITY.- You declare that You have read Cabo Concierge’s PRIVACY AND SECURITY NOTICE, the terms incorporated in it, and You agree that the terms of such policy are reasonable. You consent that your personal information may be used by Cabo Concierge and / or by its third party providers and distributors in accordance with the terms of Cabo Concierge’s Privacy Notice and for the purposes set forth therein.
REVIEW OF TRANSMISSIONS.- Cabo Concierge may monitor and review any information that is transmitted or received through this site and reserves the right to censor, edit, suppress or prohibit the transmission or receipt of any information that Cabo Concierge deems inappropriate. or violates these terms and conditions. During the time it takes of the monitoring, the information may be examined, recorded or copied and by using this site You indicate that You accept such monitoring and review. You further agree that if You make suggestions, present ideas, comments or ask questions, or post any other information on this site, You guarantee Cabo Concierge, the non-exclusive, royalty-free, perpetual, irrevocable and with full sublicense right to use, reproduce, modify, adapt, publish, translate, create derivative works, distribute and display such content in any form, medium or technology. Cabo Concierge is not responsible nor will it have any responsibility for any content that is located or presented by You.
LIMITATION OF LIABILITY.- Cabo Concierge will not be responsible, nor does it assume any responsibility for any damage or virus that may infect Your computer or any other property of You due to the access, use or navigation You make of this Site, or for the download of any material, data, text, image, video or audio from the site. In no case will Cabo Concierge be responsible for any injury, damage, detriment, loss, claim or any special damage, punitive, indirect, incidental negligent, or unlawful damage, resulting from, (i) any use of this site or the content that here is found, (ii) any failure or delay, or (iii) the operation or non-operation of the provider, including, but not limited to, non-operation resulting from bankruptcy, reorganization, failure, insolvency procedures, insolvency declaration, dissolution or liquidation, strike, work stoppage, suspension of activities by decision of the providers’ workers, or by any other similar, since You understand that Cabo Concierge is only an intermediary in the provision of the tourist services offered on the site and You understand that in most cases You cannot control the destination of the payments that You have made and even more if they were already used, where appropriate, by the providers.
ALIABILITY.- You must be liable for the damages generated to Cabo Concierge, resulting from any misuse or incorrect use that may be made of the Site, or on any fraudulent operation or for purposes contrary to the services provided on the site or those that go contrary to current and applicable laws and regulations.
FACEBOOK, TWITTER, INSTAGRAM SITES.- This Site contains links to various social media, among others, the Facebook, Twitter and Instagram pages, accounts managed by Cabo Concierge; You acknowledge that these pages are exclusively for the informational use and social dissemination of Cabo Concierge, and Cabo Concierge will not be responsible, in an enunciative manner but not limited to, for the content, information, third parties publication, comments, photographs, videos, content of hastags, or any other material outside the scope of the direct administration of Cabo Concierge, nor by the material that shared on said social sites by You or any third party and outside the administration of Cabo Concierge may violate the rights of industrial property or copyright. You are responsible for the use that You may give to said sites, and You release Cabo Concierge from any responsibility for any incorrect or malicious use that may be made of them, or for publications, information, comments, and diverse material that may result offensive, insidious, erroneous, pornographic or that could incite violence, rebellion, strike, or any activity not permitted by law and good customs.
TRUE INFORMATION.- You acknowledge and accept your full obligation and responsibility to provide truthful and correct information about the ages, sex, names or surnames of both You and the other users-tourists who accompany You or who commission You to make use of this Site, as well as the data and complete information for the formation of the itinerary and the reservation of tourist services, releasing Cabo Concierge from any responsibility for itinerary changes generated by wrong data provision, or for any error in the data provided by You, as may be the case of ages, sex, names, surnames, dates, forms of payment, routes, schedules, classes, categories, special conditions, etc., adhering where appropriate to the cancellation clauses expressed in these Terms and Conditions.
RESPECT FOR THE REGULATIONS AND CONDITIONS OF THE SERVICES.- You agree to adhere to and respect the regulations and conditions of service established by each of the Providers and direct service providers contracted by You through the intermediation of Cabo Concierge, therefore Cabo Concierge must inform You of the most important ones, however the Provider may inform You of new or additional conditions of service for which Cabo Concierge has no responsibility whatsoever and consequently declines any responsibility that may arise from their breach .
ADVANCE OR LIQUIDATION OF THE AMOUNT.- Both parties agree that the payment of advances or liquidation of the amount of the services object of these Terms and Conditions by You, as well as the use of coupons, tickets, courtesies, or any other document issued in Your favor, implies on Your part the full acceptance of these Terms and Conditions.
ADDITIONAL AGREEMENTS WITH PROVIDERS.- Cabo Concierge is relieved of any responsibility derived from additional agreements and outside the intermediation with Cabo Concierge that have been entered into between You and other direct Providers of the services.
SERVICES BY OR FOR THIRD PARTIES.- In the event that You contract the services of Cabo Concierge through the Site, on behalf of a different travel agency or any third party, or You contract them in favor of third parties, You agree that all the aforementioned subjects will invariably be subject to these Terms and Conditions. In the event that You contract the services of Cabo Concierge on behalf of a different travel agency, or any third party, acting as intermediaries, Cabo Concierge disclaims any responsibility or problem generated by the breach of the intermediary or travel agency and in the same sense due to wrong data provision by the intermediary or travel agency for the reservation of tourist services, or due to the negligence that said intermediary could incur when omitting information to the user-tourist or You about the contracting procedures, payment and cancellation of the services that are acquired.
DISCLAIMER OF LIABILITIES.- Cabo Concierge as a Tourist Services Agency, provides services as an intermediary reservation agent between You and the Provider or direct Providers of the tourist services promoted on this Site. Cabo Concierge establishes commercial negotiations within its own quality and service standards, such as, but not limited to: lodging in Villas, land transportation, boats and yachts and other related tourist activities such as tours and excursions,choosing only the most qualified providers and the most prestigious in the market. However, since the legal nature of Cabo Concierge is to act solely and exclusively as INTERMEDIARY and not as a direct provider of tourist services, Cabo Concierge does not assume nor will it assume any responsibility generated from any relationship before You and the Final Providers of Services and at the same time, You release Cabo Concierge from any responsibility for any failure or lack of compliance made by the Provider or direct Providers of the tourist services, including without limitation any failure or compliance by the villas, temporary lodging providers, shipping companies and all kinds of boats, water sports providers, car rental agencies, transportation agencies, tour operators, dive instructors, snorkel instructors, golf instructors, swim with dolphins instructors, fishing instructors, providers of adventure sports and extreme sports, water parks, parks ecological, and in general on any failure or lack of compliance by all those tourist services that are provided directly by one or more Providers and not directly by Cabo Concierge; However, Cabo Concierge may, at its free discretion, provide You with the contact information and / or address of the provider in order for You to exercise the respective claim or claim method that You consider necessary. Cabo Concierge as INTERMEDIARY reservation agent, does not offer, nor will offer any guarantee on the services provided directly by the Providers, nor does guarantees their financial position or any reimbursement to You caused by any loss experienced as a result of the financial condition of said Provider, including without limitation, the economic insolvency, or Bankruptcy in which said Supplier is declared. In the event that the Provider fails to comply with any of its services, for which the payment has already been made by You, the sole recourse for reimbursement must be processed directly before the Provider that failed to provide its services, or may request the insurance coverage if applicable or before any other third party, unless the previous failure is caused directly by Cabo Concierge. Cabo Concierge, does not assume responsibility to You and You release Cabo Concierge from any responsibility for acts, omissions or any type of complaint or dissatisfaction derived from the services provided by the direct service providers on the Site announced, by virtue of the fact that Cabo Concierge has no control or legal relationship over its personnel, equipment, operation, advertising or property. In those situations in which the Provider fails to provide its services, You may attempt any recourse permitted by applicable laws against the Provider. Cabo Concierge guarantees that it has high standards of service and will take special care in the selection of Providers to avoid failure at all times.
Likewise, Cabo Concierge will not be responsible and You release Cabo Concierge from any responsibility regarding:
The full refund will not be applicable in situations in which the service has to be canceled, interrupted and / or postponed by Cabo Concierge for reasons beyond its control (force majeure, such as, but not limited to, weather, hurricane, earthquakes, acts of terrorism, strikes, application for failure or commercial bankruptcy, suspension of activities, etc.) and in which the contractual obligations of Cabo Concierge with its suppliers do not allow it to obtain the refund of the amount paid or to be paid to the Provider on behalf of the client. In any case, at the discretion of Cabo Concierge, 10% of the total amount paid for the reservation may be retained as an administrative expense. Despite the close communication established by Cabo Concierge with the Providers advertised here, there is the possibility that the validity of some prices has expired or comes from information erroneously or inaccurately provided by said Providers with which our database is fed. Notwithstanding this, Cabo Concierge takes the precaution of verifying the rates that apply with each reservation. In the event that the correct price is less than the amount quoted, Cabo Concierge will apply the lower amount. In the event that the correct price is higher than the amount quoted, Your assigned Tourist Services Advisor will contact You in a timely manner, informing You of the correct amount or registering the cancellation of the reservation at Your request for not agreeing with the increase in price, expressly disregarding Cabo Concierge and its Providers from any liability or compensation payment for inconveniences caused by said cancellation. In the event that the contracted services cannot be provided partially or totally by the Provider, Cabo Concierge will only be able on certain occasions to manage the reimbursement of the appropriate amount on Your behalf, being Cabo Concierge relieved of any responsibility or major commitment in cases in which the refund for the total or remaining amount is not reimbursed by the Provider.
In cases that due to any error or manipulation made by You to the Cabo Concierge system, an illogically amount less than the commercial value of the service offered is obtained, unless it is expressly offered as an extraordinary offer or as a promotion for being a frequent customer.
TERMINATION.- Cabo Concierge may terminate these Terms and Conditions and / or any of its services at any time without the need to advice or notify such termination, for any cause or reason, including for any inappropriate use of this site or its nonfulfilment of these Terms and Conditions. However, such termination will not affect any right or obligation contracted by Cabo Concierge with You once a reservation has been confirmed.
ASSIGNMENT.- You may not assign, subcontract, or delegate Your rights, obligations or duties contracted here.
SEVERABILITY.- These Terms and Conditions will continue to be divisible. In case that any term or condition is considered prohibited or unenforceable, such provision will nevertheless be mandatory and such determination will not affect the validity and enforcement of any other remaining provision.
TITLES.- The titles used in the Terms and Conditions are only used for Your convenience and will not limit or affect the content of the Terms and Conditions established herein.
TOTAL AGREEMENT.- These Terms and Conditions, which are included here, or to which reference is made, constitute the total and complete agreement between the parties regarding the object established herein, and supersede any previous agreement or contract entered between the parties (whether oral or written) that is related to the same object, and will not be amended or modified except in writing or by making such amendments or modifications available on this site.
APPLICABLE LEGISLATION.- These Terms and Conditions shall be governed by the laws of the State of Baja California Sur. You declare that You know the scope of these Terms and Conditions, submitting in the case of non-compliance or interpretation to the jurisdiction of the “Procuraduría Federal del Consumidor” (Federal Consumer Protection Office), administratively, as a conciliatory instance, to resolve the differences that may arise and in case If they subsist, You agree to submit to the jurisdiction of the Laws and Courts of Baja California Sur, Mexico, under its exclusive jurisdiction, renouncing at the same time to any other jurisdiction than by reason of Your present or future addresses or due to the location of Your assets or your nationality may correspond. To the extent permitted by applicable law, no complaint, claim or cause of action that is related to your access to or use of this Site must be submitted after the expiration of one (1) year following the date on which such complaint , claim or action has been filed or the purchase has been completed.
COVID-19 AGREEMENT, WAIVER AND EXONERATION.- By booking with Cabo Concierge, You have carefully read our terms and conditions and agree that Cabo Concierge acted solely as a mere reservation intermediary between You and the final service provider. In addition, derived from the COVID-19 pandemic that has affected the world, most of our providers, such as: villas, transporters, tours, etc., are focused on continuing to guarantee your well-being so that You and those for whom You respond (among others, the other Users included in your same reservation) feel more cared than ever. Therefore, they have implemented safety and hygiene protocols in order to provide You with a quality service and a safe vacation.
By virtue of the foregoing, You and those for whom You answer understand that there are many unknowns related to the COVID-19 virus, including, among others, its transmission methods, the presentation of symptoms and its duration. Furthermore, You understand and are aware of the inherent risks associated with COVID-19 and agree to reserve and use the services of the final Providers, acknowledging and assuming those risks. You and those for whom You respond disclaim any liability, hold harmless and agree not to sue CABO CONCIERGE, and its predecessors, successors, affiliated entities, parent companies, subsidiaries and other related entities, past or present directors, assignees, representatives, agents, attorneys, managers, administrators, business partners, Providers, or any other persons in any way related to Cabo Concierge (the “Exonerated”) regarding any complaint, legal action or claim of any damage and / or prejudice, whatever their nature, economic, financial or otherwise, legal, contractual or non-contractual, directly or indirectly related to the transmission, contagion or spread of COVID-19, including those claims for damages derived from actions or omissions of any of the Providers, or of actions or omissions of You when not abiding by the measures or protocols imposed by the Providers.
During the time that You and those for whom You respond, use the service of the Providers, You agree to comply with each and every one of the requirements of the Providers related to COVID-19, including, but not limited to, the fulfillment of orders or government guidelines, orders for social distancing and / or use of masks, immediate communication to the Provider of symptoms and / or possible infection, rules of personal hygiene, isolation and quarantine, and any other order or directive issued by the Providers, or any agency or entity of the country of origin or any local authority.
We reiterate that all hygiene and safety protocols adopted by final Providers are the responsibility of the latter, so Cabo Concierge does not assume any responsibility for the efficiency of said protocols.
In the event of any discrepancy in the interpretation between the Spanish and English versions, the former will prevail.