We reserve the right to cancel your reservation or make changes to your tour package or price as described on our website. We will advise you of any changes known at the time of your reservation. We do plan the arrangements for your tour months in advance and may occasionally have to make changes, most of which are minor.
If We Change or Cancel Your Reservation for any reason, prior to departure date, you will have the option to:
- Accept the change;
- Accept a replacement tour of equal value;
- Cancel your tour and receive a full refund of any amount already paid.
If the trip requires a partial deposit, the balance must be paid 30 days prior to departure. failure to comply with the aforementioned balance payment will result in forfeit of deposit.
We ask that you accept one of these options as soon as you can once we have notified you of the major change to your Trekking Mexico tour.
We may have to cancel your reservation if we have not booked the minimum number of persons necessary for that adventure. We will not cancel your tour less than 4 weeks before your date of departure unless deposit or final payment not paid on time.
Rights of Substitution and Cancellation
If we must end or change your trek after you have started out we will arrange an alternate trek with your approval or return you to the point of departure and arrange a refund to you for any unused services.
We will not be responsible for any travel arrangements you have made and are unable to use because of a change in our itinerary caused by forces beyond our control such as but not limited to war, threat of war, riot, acts of God, unavoidable and unforeseeable technical problems beyond our control, hurricanes and other weather conditions. We do recommend that you make no connection travel arrangements that are non-refundable or non-changeable.
We are responsible to fulfill our obligations as outlined in your contract and are liable for any damage caused to you because of our inability to fulfill that contract. We will not be liable if that failure to fulfill the contract was attributable to you, attributable to a third party unconnected with Trekking Mexico, or due to unusual an unforeseen circumstances beyond our control.
Your payment by any method is to be construed as a legal signature as a release of Trekking Mexico from liability and assumption of risk but does not exclude your rights to bring a claim or exclude liability for death or personal injury, under the laws of Mexico.
We may be trekking in regions where standards of accommodation, safety, hygiene and medical faculties may be lower than what you would expect at home. Please remember our treks involve a risk of injury, damage to property, inconvenience and discomfort. Your reservation is accepted on the understanding that you realize the dangers involved in this kind of tour and your acknowledgement of the hazards of traveling in remote or primitive regions. We expect you to allow a substantial degree of on-trip flexibility. Changes in the itinerary could be caused by unforeseen difficulties local political conditions, mechanical breakdown, weather, sickness or other unforeseeable circumstances. It is a fundamental condition of joining any of the treks described on our website that your accept this flexibility and that alterations causing inconvenience or discomfort are possible. If a passenger is unable or does not choose to complete an itinerary for a Trekking Mexico holiday, Trekking Mexico is not liable to supply alternative itineraries or accommodations for the time when the passenger is not present with the group.
Tour Leader Authority and Behavior
Your agreement with us also asks that you accept the authority of the tour leader. If you commit any illegal act while on your trek or if your behavior is disruptive, threatening or abusive, causes unnecessary inconvenience, damage to property, danger, distress or annoyance to others or puts any other traveler or staff member in any risk or danger we may terminate your travel arrangements without any liability on our part.
Please remember underage use of alcohol or any use of illegal drugs could result in arrest and imprisonment.
Your participation in this trek is your acknowledgement that you will act as a mature adult and will be responsible for your own decisions.
Any reference to “you” or “your” includes any person in your party.
Any accommodation we arrange for you must only be used by those people named on your Confirmation Invoice (or on latest Amendment Invoice issued). You are not allowed to share the accommodation or let anyone else stay there. You are responsible for the cost of any damage caused to your accommodation or its contents during your stay. These charges must be met by you and may have to be paid locally.
We will consider special requests such as vegetarian meals, when you make your reservation. We will tell you whether there is a charge for the request. We can only guarantee requests for which there is a charge, or those that are confirmed in writing.
All clients should be fit enough to participate in their excursion. No unaccompanied minors (under 18 years old) will be allowed. Children aged between 12 -17 years may accompany their parents on treks that are designed for family adventures.
The tour leader will not be responsible to judge your level of fitness for any activity you choose to participate in. You know your own competence level. Your signature on your reservation agreement signifies your agreement to this.
If you or a member of your group suffers from physical impairment, illness or disability they must declare the nature of their condition at the time of reservation and make their own arrangements for any medication or other treatment which may be required while participating in your adventure. Failure to disclose your condition will constitute a breach of the reservation agreement and will result in the such persons being excluded from the adventure and all monies paid will be forfeited.
Law & Jurisdiction – Mandatory Applicable Law and Exclusive Forum Selection
If you booked your holiday in any jurisdiction other than in the United States of America (including any booking via the Internet), this contract, and any other claim or dispute arising from or related to this contract, will be governed by American law and the courts of the United States of America shall have exclusive jurisdiction over any claim arising out of it.
Neither the courts of your country of domicile nor the courts of the country where your holiday is to take place nor any other courts shall have jurisdiction instead of or in addition to the USA courts.
YOU AGREE THAT ANY DISPUTE CONCERNING, RELATING OR REFERRING TO A CLAIM FOR DAMAGES DUE TO INJURY OR DEATH WHICH OCCURS DURING OR IN CONNECTION THE TOUR AND WHERE THAT CLAIM IS COMMENCED OR TRANSFERRED TO U.S. JURISDICTION SHALL BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION ACCORDING TO THE THEN EXISTING RULES OF THE AMERICAN ARBITRATION ASSOCIATION IN AN ARBITRATION CONDUCTED IN CHICAGO, IL, U.S.A. THE DISPUTE WILL BE RESOLVED BY A SINGLE ARBITRATOR WHO MUST BE A LAWYER ADMITTED TO PRACTICE IN THE COURTS OF AT LEAST ONE STATE IN THE U.S. AND HAVE A MINIMUM OF FIFTEEN YEARS OF EXPERIENCE IN CIVIL LITIGATION. THE ARBITRATOR SO DESCRIBED WILL BE SELECTED BY THE AMERICAN ARBITRATION ASSOCIATION. EACH PARTY TO THE DISPUTE SHALL HAVE THE RIGHT ON A SINGLE OCCASION TO VETO THE DESIGNATION OF AN ARBITRATOR SO SELECTED. THE PARTIES WAIVE THE RIGHT TO RELY ON ANY STATE LAW OR STATUTE WHICH CREATES AN EXCEPTION TO ENFORCEMENT OF THE REQUIREMENT THAT DISPUTES BE RESOLVED PURSUANT TO ARBITRATION IN THE MANNER SET FORTH HEREIN.
IN CONNECTION WITH ANY ACTION OR LEGAL PROCEEDING BROUGHT BY THE CUSTOMER IN U.S. JURISDICTION, THE PARTIES HEREBY SPECIFICALLY AND KNOWINGLY IRREMOVABLY AND FOREVER RELINQUISH AND WAIVE ANY RIGHTS THAT EITHER PARTY MIGHT HAVE TO DEMAND A JURY TRIAL.
WHERE THE CUSTOMER CHOOSES OR THREATENS TO BRING A CLAIM UNDER THIS CONTRACT (OR RELATED IN ANY WAY TO THE TOUR), IN THE U.S. COURTS ANY ACTIONS AND PROCEEDINGS BROUGHT HEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF ILLINOIS, WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES. IF THE RIGHT TO SEEK ARBITRATION IS FOR ANY REASON WAIVED BY BOTH PARTIES, OR IF JUDICIAL REVIEW OF ANY ARBITRATION DECISION IS SOUGHT, ANY ACTION OR LEGAL PROCEEDING TO ENFORCE ANY PROVISION HEREOF, OR BASED ON ANY RIGHT ARISING OUT OF, OR RELATING TO, THIS CONTRACT (OR WITH RESPECT TO ANY LEGAL CLAIM WHATSOEVER RELATED TO THE TOUR (INCLUDING ANY CLAIM BASED ON TORT, CONTRACT OR ANY OTHER LEGAL THEORY)) SHALL BE BROUGHT EXCLUSIVELY IN THE COURTS OF THE STATE OF ILLINOIS, OR, IF IT HAS OR CAN ACQUIRE JURISDICTION, IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ILLINOIS, AND ALL OF THE PARTIES HERETO HEREBY CONSENT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS AND OF THE APPROPRIATE APPELLATE COURTS IN ANY SUCH ACTION OR LEGAL PROCEEDING AND WAIVE ANY OBJECTION TO VENUE OR JURISDICTION IN CONNECTION THEREWITH.
ACKNOWLEDGEMENT OF RISK, ASSUMPTION OF RISK AND RESPONSIBILITY AND RELEASE OF LIABILITY
(Please read carefully)!
I. RESPONSIBILITY :
I UNDERSTAND AND AGREE THAT ALL TRAVEL ARRANGEMENTS INCLUDED IN THIS TRIP ARE MADE ON MY BEHALF UPON THE EXPRESS CONDITION THAT NEITHER TREKKINGMEXICO. NOR ITS OWNERS, OFFICERS, DIRECTORS OR EMPLOYEES, SHALL BE LIABLE OR RESPONSIBLE FOR ANY NEGLIGENT OR WILLFUL ACT OR FAILURE TO ACT OF ANY THIRD PARTY, SUCH AS OPERATORS OF TRAINS, MOTORCOACHES, PRIVATE CARS, BOATS, SHIPS OR ANY OTHER CONVEYANCE, HOTELS, SIGHTSEEING EXCURSIONS, LOCAL GROUND HANDLING, ETC. WHICH ARE TO OR DO SUPPLY ANY GOODS OR SERVICES FOR MY TRIP. I FURTHER UNDERSTAND THAT TREKKINGMEXICO. NEITHER OWNS NOR OPERATES SUCH THIRD PARTY SUPPLIERS AND ACCORDINGLY AGREE TO SEEK REMEDIES DIRECTLY AND ONLY AGAINST THOSE SUPPLIERS AND NOT HOLD TREKKINGMEXICO. RESPONSIBLE FOR THEIR ACTS OR OMISSIONS. WITHOUT LIMITATION, TREKKINGMEXICO. IS NOT RESPONSIBLE FOR ANY NEGLIGENT OR WILLFUL ACTS OF OTHERS OR FOR ACTS OF GOD OR FORCE MAJEURE, WEATHER EMERGENCIES, BREAKDOWN OR FAILURE OF MECHANICAL EQUIPMENT, GOVERNMENT ACTIONS, INCLEMENT WEATHER, SICKNESS, ATTACKS BY ANIMALS, AVAILABILITY OF MEDICAL CARE OR THE ADEQUACY OF THE SAME, CRIMINAL ACTIVITY OF ANY KIND, TERRORISM, WAR, CIVIL DISTURBANCE, SANITARY CONDITIONS, QUALITY OR SANITATION OF FOOD, QUARANTINE, CUSTOMS REGULATIONS, EPIDEMICS, STRIKES, HOTEL OVERBOOKING, SAFETY AND/OR SECURITY STANDARDS AT HOTELS OR OTHER ACCOMMODATIONS, ANY PROBLEMS OR INJURIES WHATSOEVER ARISING FROM CUSTOMERS’ CONSUMPTION OF ALCOHOLIC BEVERAGES OR ILLEGAL DRUGS OR FOR ANY OTHER REASON BEYOND THE CONTROL OF TREKKINGMEXICO, AND I UNDERSTAND, AGREE WITH, AND AGREE TO BE LEGALLY BOUND BY THE TERMS OF THE RELEASE AND WAIVER OF LIABILITY SET FORTH HEREIN.
II. ACKNOWLEDGEMENT OF RISK :
I understand and acknowledge that my travel in connection with and participation in the travel or vacation package (“Vacation Package” or “Trip”) arranged at my request by Trekking Mexico. may involve risk and potential exposure to injury and possibly death. I specifically acknowledge and recognize the potential for injury and death which can result from my irresponsible and immature use of alcohol and/or illegal drugs in connection with or during this Trip. I also realize and acknowledge that risk and dangers may be caused by the negligence of the owners, employees, officers or agents of Trekking Mexico. or the negligence or participation of other passengers, contractors and/or subcontractors to Trekking Mexico. I also recognize and acknowledge that risk and dangers may arise from foreseeable and unforeseeable causes, including weather and other acts of nature. I fully understand and acknowledge that the aforementioned risks, dangers and hazards are a potential in connection with recreational activities which may take place during my Trip.
III. EXPRESS ASSUMPTION OF RISK AND RESPONSIBILITY :
In recognition of the inherent risk of the travel and related activities in which I am intending to engage, I confirm that I am physically and mentally capable of participating in the activity and that I will be mature and responsible in my behavior and particularly in connection with any drug or alcohol use in which I may participate. I am willingly and knowingly electing to participate in this Vacation Package in spite of the potential risk of danger and I willingly and voluntarily assume full responsibility for any injury, loss or damage suffered by me or caused by me, whether caused in whole or in part by the negligence of the owners, agents, officers, employees, contractors or subcontractors of Trekking Mexico.
IV. RELEASE OF LIABILITY :
In consideration of the services and arrangements provided by Trekking Mexico, I, for myself and for my heirs, personal representatives or assigns, do hereby release, waive, discharge, hold harmless and agree to indemnify Trekking Mexico, and its owners, officers, directors, affiliates, agents, contractors, subcontractors and employees from any and all claims, actions, losses for bodily injury, property damage, wrongful death, loss of services, lost profits, consequential, exemplary, indirect or punitive damages or otherwise which may arise out of or occur during my travel in connection with the scheduled Vacation Package and any activities conducted in conjunction therewith.
I SPECIFICALLY UNDERSTAND THAT I AM RELEASING, DISCHARGING AND WAIVING ANY CLAIMS OR ACTIONS THAT I MAY HAVE PRESENTLY OR IN THE FUTURE FOR THE NEGLIGENT ACT OR CONDUCT OF THE OWNERS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS OR SUBCONTRACTORS OF TREKKING MEXICO.
V. EXPRESS WAIVER OF ANY RIGHT TO SEEK CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES:
Regardless of the situation or circumstances giving rise to a claim, I waive any right to seek consequential, punitive or exemplary damages against Trekking Mexico, its owners, directors, affiliates, agents, contractors, subcontractors and employees, for any reason whatsoever.
VI. MEDICAL AUTHORIZATION :
I hereby authorize any medical treatment reasonably necessary for any injury which I incur while participating in this Trip.
VII. MEDICAL EXPENSES :
I either have medical insurance or, in its absence, agree to pay all costs of rescue and/or medical services as may be incurred by me or on my behalf during such Trip.
VIII. SEVERABILITY :
I agree that if any term set forth in this contract is found to be unenforceable, all other terms set forth in this contract are severable from the terms that are invalidated.
IX. CONFLICT :
In the event of any inconsistency or conflict between the terms of this contract and any terms or conditions otherwise applicable to the Trip, the terms of this contract shall prevail.
X. MANDATORY ARBITRATION :
I hereby acknowledge that I have read and understood the Mandatory Arbitration provisions set forth in the Reservation Conditions for my Trip and agree to be bound by such provision in the event that a claim in respect of death or personal injury is issued or filed by me or I threaten to issue or file such a claim.
Trekking Mexico Supplemental Booking Form
Click on the following PDF link to print and fill out our supplemental booking form when you’re ready to book your tour.