Last Modified January 19th 2022
These General Terms and Conditions are subdivided into:

I. Valle Guadalupe Baja Terms of Use and
II. General Terms and Conditions of the Supplier of tours and other tourist services (referred company)

Within the scope of an intermediary service, Valle Guadalupe Baja shall provide the visitors and Suppliers of tours or tourist services with this booking Platform. Furthermore, Valle Guadalupe Baja shall also provide this booking Platform to certain cooperating partners (sub-agent/ distribution partner) for the booking of the Supplier’s tourist services. The use of this Platform by sub-agents or distribution partner requires a separate contractual agreement and is not permitted without the prior written authorization of Valle Guadalupe Baja. Contracts for tourist services are to be concluded directly between the users of this booking Platform and the Suppliers of tours or other tourist services. If users book services via a linked partner Platform or if a sub-intermediary makes a booking on behalf of a user of a connected partner Platform, a corresponding contract shall be concluded directly between this user and the Supplier. Valle Guadalupe Baja is not a contract party with regards to the tourist services offered on this booking Platform.
I. Valle Guadalupe Baja Terms of Use
1. Who operates this website?

This website (including sub-sites and including text, images, videos, software, products, services and other information contained in or presented on the website; all together the "Website") is provided by Valle Guadalupe Baja, 4876 Santa Monica Ave Ste 236, San Diego, CA 92107 USA. You can contact us by email (https://www.valleguadalupebaja.com/contact) or by phone using these numbers:

USA: +1 619-361-8571

Bookings through the Platform are subject to the General Terms and Conditions of Valle Guadalupe Baja as well as the General Terms and Conditions of the Supplier of tours and other tourist.

2. Application of these Terms of Use

These terms of use (the "Terms of Use"), together with our privacy policy (the "Privacy Policy"), apply to any use of the Website. Visitors of the Website ("User" or "you") may use the Website only on condition that they accept the Terms of Use and read and understand the Privacy Policy. Any further use of the Website or any part of it means you have read and understood the Terms of Use and the Privacy Policy, and agree to be bound by all parts of the Terms of Use.

3. No offer

The information on this Website is for general informational purposes only. Information on this Website does not constitute an offer binding to us. Binding agreements with suppliers of activities available on the Website require a booking request through the Valle Guadalupe Baja Platform and the supplier's acceptance of the booking request according to the General Terms and Conditions of Valle Guadalupe Baja.

4. No warranty

While Valle Guadalupe Baja tries to ensure that the information in or through the Website is accurate, it does not provide any warranties, express or implied, in relation to its correctness, completeness, current, reliability, suitability for any purpose or otherwise (including for any information provided by third parties). Valle Guadalupe Baja may change, add or remove information on the Website and its structure and functions at any time at its sole discretion, without specifically informing of any such change, and without removing outdated information or characterizing it as such. Valle Guadalupe Baja may also block Users from accessing the Website or parts of it, or requires certain conditions to be fulfilled for such access. Valle Guadalupe Baja does not provide any warranties, express or implied, in relation to the availability of the Website or its functions, that the Website is free from defects, or that the Website and the infrastructure on which it runs is free from viruses and other harmful software. Moreover, Valle Guadalupe Baja does not guarantee that information available on the Website has not been altered through technical defects or by unauthorized third parties.

5. Limitation of liability

Valle Guadalupe Baja excludes its liability, and that of its agents and independent contractors, and its and their employees and officers, and its sub-agents or distribution partners for damages relating to your access to (or inability to access) the Website, or to any errors or omissions, or the results obtained from the use, of the Website, whatever the legal basis of such liability would be, except liability for damages caused willfully or through gross negligence, and only to the extent permitted by applicable law. Restrictions of liability do not apply within the scope of guarantees issued, in the event of an injury to life, limb or health or for claims based on product liability regulation.

6. Third party content, links to other websites

Valle Guadalupe Baja does not assume any responsibility for third party content (including any activities available for booking requests, and information relating to such activities) that may be available through the Website, and for content linked to the Website or which are linked to from it or referred to. Valle Guadalupe Baja does not recommend or endorse such content, and will not have any liability relating to it. Where Valle Guadalupe Bajalinks to third party websites, you use such websites at your own risk. We recommend reading the policies of these websites and review how these websites may process personally identifiable data relating to you. If you think we have illicit content on the Website, please contact us at https://www.valleguadalupebaja.com/contact.

7. Limited Valle Guadalupe Baja App license

Valle Guadalupe Baja hereby grants to you a non-exclusive, non-transferable, non-sublicensable, revocable, royalty-free, worldwide right to use the Valle Guadalupe BajaApp according to these Terms of Use and provided that you are and will always be in compliance with these Terms of Use. You may (i) only use the Valle Guadalupe Baja App in object code form and for your personal purposes (if you are a consumer) or for your internal business purposes (if you are a business); (ii) only use such number of copies of the Valle Guadalupe Baja App and make such number of backup copies of the Valle Guadalupe Baja App as may be necessary for its lawful use; (iii) not nor permit any third party to copy, adapt, reverse engineer, decompile, disassemble, modify, adapt or make error corrections to the Valle Guadalupe Baja App in whole or in part; (iv) not rent, lease, sub-license, loan, translate, merge, adapt or modify the Valle Guadalupe Baja App or any associated documentation; (v) not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Valle Guadalupe Baja App nor attempt to do any such things.

8. Intellectual property rights

As between you and Valle Guadalupe Baja, the Website is and remains protected by copyright and/or any other intellectual property rights (including protection granted through unfair competition law). You acquire no rights in the Website, and in any names, trade names, and distinctive signs of any nature (including trademarks) published on the Website. You may access and view the Website, but not incorporate it into other websites, and not copy, present, license, publish, download, upload, send or make it perceptible in any other way without our prior written consent.

9. Amendments to the Terms of Use

Valle Guadalupe Baja may amend these Terms of Use at any time and with immediate effect. If we make amendments, they apply as of the date of their publication on the Website.Valle Guadalupe Baja expects you to regularly refer to this section to make sure you are familiar with the applicable Terms of Use. Any further use of the Website following such amendments means you consent to the amendment.

10. Applicable law and jurisdiction

The law of the California in the United States of America shall apply. If you have placed the order, as the consumer, and at the time of the order your normal place of residence is in another country, the application of the mandatory legal provisions of this country remain unaffected by the choice of law in clause 1. The exclusive place of jurisdiction is San Diego California, provided the user is a tradesperson or does not have a permanent place of residence in United States when the suit is filed. The legally-binding places of jurisdiction remain unaffected by this.

II. General Terms and Conditions of the Supplier of tours and other tourist services
1. Introduction

Part II of these General Terms and Conditions applies to all contracts concluded between the Suppliers and the users via the Valle Guadalupe Baja Platform. This also applies, if access to the Valle Guadalupe Baja Platform is provided via a cooperating partner (sub- agent, distribution partner).

2. Truthful details

The details transferred via the Valle Guadalupe Baja Platform must be truthful. The Supplier reserves the right to withdraw from the contract or to exclude users from participating in the service and to demand compensation amounting to the cancellation costs as per Section 11 of part II of the General Terms and Conditions of Supplier of tours and other tourist services, if defective details are provided by the user.

3. Arrival at meeting point and compliance with conditions

You are responsible for arriving on time at the notified meeting point. If you are travelling to an activity from abroad, you are responsible for having the necessary travel documents (passport etc.), and for observing the health regulations etc.

4. Additional terms and conditions

If Supplier includes in addition to these General Terms and Conditions of Supplier of tours and other tourist services of Part II further participation or transport or other terms in a contract with you, you are responsible for observing these additional terms. The Supplier reserves the right to exclude participants from the activity if they do not meet these conditions.

5. Binding nature of the request

The contract between you or the user you have referred, and the Supplier comes into effect upon the acceptance of your binding request by the Supplier. When you book a tour or another activity, you make the Supplier a binding offer which you, or the user you have referred, are bound to for five working days. If the Supplier accepts your offer within this period of time, the contract comes into binding effect. You, or the user referred by you, receives notification of this by e-mail.

6. Payment

The agreed total price for the service we have provided is due upon the conclusion of the contract.

7. Notes on the right of revocation

The Supplier points out that according to legal provisions (section 312, paragraph (2), no. 4, 312g, paragraph 2, clause 1, no. 9, BGB), contracts for tourism services which are concluded as remote selling (i.e. via the Valle Guadalupe Baja Platform) do not have a right of revocation, but merely the legal rights to withdraw and cancel the contract.

8. Self-responsibility for insurance

The price of the services does not include insurance. You are responsible for providing sufficient insurance protection. The requirement for insurance depends on the activity booked.

9. Unpaid services

If you or the user you have referred do not pay for the booked service according to the agreed due date of payment, although the Supplier is prepared, and able, to perform the contractual service and there is no legal or contractual right of retention for you or the user you have provided, the Supplier is permitted to withdraw from the contract and charge you, or the user you have referred, for the withdrawal costs as per point 11.

10. Exchange of messages

All messages between you, or the user you have referred, and the Supplier shall be done via the Valle Guadalupe BajaPlatform. In the interest of quick processing, it is recommended to exclusively use the forms provided byValle Guadalupe Baja.

11. Cancellation guidelines

11.1 If you reject (cancel) the activity, the cancellation conditions stated in the product description as well as on your voucher apply.Valle Guadalupe Baja advises the user to carefully read the information in the product description.

11.2 Provided there are no deviating cancellation conditions in the product description of your Supplier, the following cancellation fees will be charged by the Supplier of the tourist services: a. Up to 24 hours before the start of the activity: full refund b. Less than 24 hours before the start of the activity or in the event of a no-show: no refund

11.3 You, or the user you have referred, are free to prove to the Supplier that they have not incurred any damage, or substantially less damage than the fee charged by the Supplier.

11.4 The Supplier reserves the right to request higher, specific compensation instead of the aforementioned flat-rate fees, if the Supplier can prove that it has incurred much higher expenses than the respectively applicable flat-rate fee. In this case the Supplier is obliged to provide specific figures and evidence of the compensation requested, taking into account the saved expenses and any other use of the services.

11.5 The refund is done using the same payment method. In the event of credit cards which are charged monthly, the amount shall be credited at the end of the current invoicing period. The exact time of the refund depends on the user’s credit card agreement. The refund by bank transfer shall be done within seven bank working days.

12. Extraordinary cancellation

The Supplier can cancel the activity on the agreed date without observing a period of notice, if weather conditions, official measures, strikes or other unforeseeable or unavoidable external conditions (in particular force majeure) make the execution of the activity impossible, make it considerably more difficult or endanger it. In this case the paid price is refunded.

13. Exclusion of participation

The Supplier is permitted not to allow you to join an activity, or to exclude you from one, if you do not meet the personal participation requirements, your participation would endanger you or someone else or in any other way make the activity impossible in the long-term. This applies accordingly to a user you have referred. In these cases, the paid price cannot be refunded.

14. Changes to the program

Furthermore, the Supplier reserves the right to make non-essential changes to the program, if this is necessary due to unforeseeable or unavoidable conditions.

15. Further conditions

Further conditions or deviating conditions can be found in the respective tenders.

16. Time zone

For calculations of the time and deadlines, the time zone of the Supplier is authoritative.

17. Liability of the Supplier of the tour or the tourism service

The Supplier is liable in accordance with the applicable law for its services, whereby the liability, if permitted according to the applicable law, is excluded.

18. Change to these General Terms and Conditions

These Terms and Conditions of the Supplier of tours and other tourist services of Part II can be amended at any time and without notice for future bookings. The respective conditions valid for each individual booking shall apply. The user has no claim for future bookings based on the existing conditions.


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