Our Terms & Conditions
BUENOS DIAS MEXICO
we kindly ask you to read our terms and conditions carefully as they are automatically part of the travel contract concluded with us.
1. Conclusion of the contract
With acceptance of the booking offered by Buenos Dias Mexico (hereinafter referred to as TO) which the traveler accepted via email, phone, fax or in person, both parties enter into a binding agreement to conclude the contract. The travel contract is concluded when the RV acts on the offer by providing the booking confirmation. If differences exist between the content of the accepted offer from that of the booking confirmation, then this is a new offer on the part of the RV, to which he is bound for a period of 10 days. The contract is concluded on the basis of this new offer, if the traveler within the commitment period accepts this booking confirmation.
Upon receipt of the booking confirmation, unless stated otherwise, a deposit of 30% of the total tour price is due. Further payments, if no other date for payment has been agreed upon, is due 30 days prior to travel departure and payable without further demand. Any banking fees are the responsibility of the client.
3. Service and Price changes
3.1 Changes in individual travel services on the agreed upon travel contract which are required by contract and were not part of the RV brought upon in bad faith, are permitted as long as the changes or modifications are not substantial and do not affect the overall form of the tour. Potential warranty claims remain unaffected if the amended services are defective. In the event of a significant change to an essential travel service, the traveler is entitled to withdraw from the travel contract without cost or charge to participate in a trip of the same when the RV is in the position to offer such a tour without additional cost.
3.2 The TO reserves the right to change the price agreed in the travel contract in the event of an increase in transport costs or taxes for certain services such as airport fees or changes in exchange rates.
An increase is only permitted if there are more than 4 months between the conclusion of the contract and the agreed travel date and the circumstances leading to the increase were not foreseeable for the TO before the contract was concluded. In the event of a subsequent change in the travel price, the traveler will be informed immediately. In the event of price increases of more than 5%, the traveler is entitled to withdraw from the travel contract at no cost or to request participation in an at least equivalent trip if the RV is able to offer one at no additional cost.
4. Cancellation by the Customer
The traveler can withdraw at any time before the start of the travel contract. Depending on the date of the cancellation notice received by the RV, compensation may be required. If the traveler withdraws from the contract or fails to travel, the RV may require compensation for travel arrangements and for expenses. When calculating this compensation, deposits and possible other uses of services must be considered. The RV can see this as claim for compensation subject to the following breakdown depending on the time of withdrawal from the contract to the contractually agreed upon date of arrival. The traveler is free in all cases to prove that damage was not created or is significantly lower.
until 60 days before departure 10% of tour price
until 59 – 30 days before departure 25% of tour price
until 29 – 15 days before departure 40% of tour price
until 14 – 7 days before departure 60% of tour price
until 06 – 1 day before departure 75% of tour price
from the day of departure 85% of tour price
In individual cases, higher cancellation fees than those seen in the above section are possible and can be brought up to 100% of the tour price if the TO has concrete evidence of expended costs. The traveler must assume the total expended costs on the part of the TO, which must then be returned to the TO.
5. Reebokings and participant replacement
In the event of a transfer (change regarding travel date, location, departure, destination, accommodation or transport categories) the same rules apply as for the withdrawal from the travel contract. A booking change is to be regarded as a new travel contract. Slight changes will only incur a fee of 25 € to be paid to the TO.
The traveler may request the addition of a third party that has assumed the rights and obligations arising from the travel contract. The TO may object to the entry of the third party, if this does not satisfy the travel requirements, or his participation is contrary to legal provisions or administrative orders. A third person within the travel contract is acceptable if he so sticks to the tour itinerary and the traveler is liable for the tour price and the costs associated with the entry of the third party. For in flight services, the acceptance of a third party is governed by the respective provisions of the airline.
6. Cancellation by the organizer
6.1 If an advertised minimum number of participants is not reached up to 4 weeks before the planned departure date, the TO is entitled to cancel the trip. Payments made on the travel price will be refunded immediately. The traveler can request to participate in an at least equivalent trip if the TO is able to offer one at no additional cost.
6.2 The TO also has the right to withdraw from this contract, if the traveler making the journey in spite of warnings by the RV is persistently disturbing or if he behaves to such an extent that the immediate termination of the contract without any notice period is justified. The RV retains the right to the tour price. Possible additional costs for the return journey must be covered by the traveler himself.
6.3 If the fulfillment of the tour, due to unforeseen acts or acts of God, such as civil unrest, war, strikes, natural disasters, etc. is difficult or compromised, both the RV and the traveler may terminate the contract. If the contract is canceled, the organizer may demand adequate compensation for the services already rendered or the end of the journey still to be rendered. The RV has, where possible, to provide for the return transportation. Any incurred costs will be split equally between both parties. Additional costs will be paid for by the traveler.
7. Unused services
If the traveler does not use individual services due to early departure or for other compelling reasons, there is no right on the part of the traveler to a prorated refund of the price. The RV will however request the service providers for reimbursement of expenses saved. This does not happen when it is a completely insignificant service or if a refund is contrary to legal or regulatory purposes.
8.1. The TO is liable under the duty of care of a prudent business for the careful selection and monitoring of service providers, the accuracy of the tour specifications and the proper provision of the contracted travel services.
8.2. The TO’s liability for damages arising from the travel contract, other than personal injury is limited to three times the tour price, if the damage is not intentional or by gross negligence, or if the TO is responsible solely through the fault of a service provider.
8.3.For claims of in tort damages which are not based on intent or gross negligence, the RV is liable for up to three times the amount of the tour price.
8.4. The TO is not responsible for services that have been booked directly on-site and used (ex, exhibitions, events, concerts, car rentals, flights, etc.). In this case such services are subject to the terms and conditions of the applicable service provider.
8.5. For individual services in tour booking and confirmation expressly identified as mediated external services, the RV is only liable for the breach of the agent’s obligations, not for the service itself. This includes mediated flights. The liability of the RV for the agents is limited to the reason and amount of their own liability.
9.Duty to Cooperate
Passengers are required to address any impairment of performance which is at all reasonable to them in order to help remedy the problem and prevent any damage or to minimize it. The customer has the obligation to immediately report any complaints against the RV’s authorized tour guide or the local agency and to demand redress. Traveler’s claims do not lapse if the incumbent defects without fault or if the defect was expendable.
10.1. If the trip is not provided according to the contract, the traveler can request a redress within a reasonable time limit. The RV may also provide a remedy in the manner in which he provides an equivalent service. The RV may refuse relief if they require disproportionate effort.
10.2. In the event of defects, the price can be reduced. However, this claim is void if the traveler culpably omits to report the defect. Complaints against the tour guide, the partner agency or the service provider (ex hotel management, transfer companies) should be dealt with on site to remedy the situation. The traveler can also contact the RV directly via email, fax or phone.
10.3. Loss or damage of baggage shall be the liability of the operating airline and a Property Irregularity Report (PIR) must be prepared on the spot. For the loss or damage of personal property, we assume no liability.
10.4. If a trip is significantly affected due to defects and the RV within a reasonable time does not help, the traveler can under the statutory provisions of the travel contract for their own interest and with reasonable evidence – expedient by a written statement – terminate the contract. The same applies if that booked is not possible due to an important defect or apparent reason. The need to set a deadline for redress is not necessary if relief is impossible, is denied by the RV or if the immediate termination of the contract by a special interest on the part of the traveler is justified. The traveler then owes the TO the amounts of the tour price attributable to services rendered, provided that such benefits were not completely worthless.
Moreover, the traveler may, without prejudice to the reduction or termination damages demand compensation for non-performance, unless the lack of tour is due to circumstances beyond the control of the TO.
11. Exclusion and limitation period
Travel contractual claims against the RV, except in tort claims, must be submitted by the traveler within one month of the contractual end of the trip. After this period, the traveler can only make claims if he has been prevented from meeting the deadline. Travel contractual claims against the RV, except in tort claims, expire one year after the contractually planned end of the contract. This applies in particular to claims for breach of pre-and post-contractual obligations and the additional obligations arising from the travel contract. In tort claims are subject to the statute of limitations. Pending negotiations between the traveler and the RV on claims made or the circumstances giving rise to the claim, then the limitation period shall be suspended until the traveler or the RV can continue the negotiations. The limitation period shall expire no earlier than 3 months after the end of the suspension.
12. Passport, visa and health regulations
The traveler is responsible for compliance with applicable passport, visa and health regulations themselves. All disadvantages, especially the payment of cancellation costs arising from non-compliance with these regulations is to be borne by the traveler unless they are caused by culpable wrong or deficient information. Please inform yourself of such regulations in advance. Some tips and rules can be found on our site.
Auf das gesamte Rechts- und Vertragsverhältnis zwischen dem Reisenden und dem RV findet ausschließlich mexikanisches Recht Anwendung. Der Gerichtsstand für Klagen seitens des Reisenden ist Santiago de Querétaro, Mexiko. Für Klagen des RV gegen den Reisenden ist der Wohnsitz des Reisenden maßgebend. Für Klagen des RV gegen Reisende, bzw. Vertragspartner des Reisevertrages, die Kaufleute, juristische Personen des öffentlichen oder privaten Rechts oder Personen sind die Ihren Wohnsitz oder gewöhnlichen Aufenthaltsort im Ausland haben, oder deren Wohnsitz oder gewöhnlicher Aufenthalt im Zeitpunkt der Klageerhebung nicht bekannt ist, wird als Gerichtsstand der Sitz des RV vereinbart. Die vorstehenden Bestimmungen gelten nicht, wenn und insoweit sich aus vertraglich unabdingbaren Regelungen internationaler Abkommen, die auf den Reisevertrag zwischen dem Reisenden und dem RV anwendbar sind, etwas anderes zugunsten des Reisenden ergibt oder wenn und insoweit auf den Reisevertrag anwendbare, nicht abdingbare Bestimmungen im Mitgliedstaat der EU, dem der Reisende angehört, für den Reisenden günstiger sind als die obigen Regelungen oder die entsprechenden mexikanischen Vorschriften.
14.1. The recipient of the voucher is obliged to receive their documents in a timely manner in order to check the accuracy of the voucher (name, travel dates, destination, etc.) and to request an immediate correction if necessary. The TO is not responsible for printing and calculation errors.
14.2. The invalidity of any provision of the contract does not invalidate the entire travel contract.
14.3. The collection and processing of all personal data is done in accordance with German data protection laws. The only information that will be collected and passed on to partners or service providers is that which is necessary for processing travel plans.
15. Travel insurance
Travel insurance is not included in the tour price. We strongly recommend taking out travel cancellation insurance and travel medical insurance with repatriation.
For your safety, we recommend a “comprehensive package” including travel cancellation insurance and 24-hour emergency services, such as the. Travel Secure package which you can order in a few clicks on our website. For active travel we recommend sporting accident insurance.