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Our Terms & Conditions

NUESTROS CONDICIONES GENERALES

Dear guest,

we ask you to read our General Terms and Conditions accurately before concluding the travel contract, as they are automatically part of the contract concluded with us. Based on the recommendation of the DRV (Deutscher Reisebüro Verband / German Travel Agency Association) our General Terms and Conditions complete article 651 and the following of the German Civil Code (BGB) and regulate the legal relation.

1. Concluding the travel contract

With the confirmation of the application offered by Buenos Días México (in the following so-called TO) via email, telephone, fax or personally the customer submits an binding offer for the conclusion of the contract. The contract will be concluded as soon as the TO accepts the offer by confirmation of reservation.

If the content of the confirmation deviates from the content of the application, the confirmation of reservation means a new offer on the part of TO binding on a period of 10 days. In that case the contract concludes as soon as the contractual partner accepts the confirmation of reservation within the time limit of 10 days.

2. Payment

When receiving the confirmation of the reservation a deposit of 20% becomes due as far as there is no other agreement. The rest of the payment becomes due 30 days before the journey begins without any other demand notes as far as there is no other date agreed.

3. Service and price changes

3.1 Changes of single services (that are already part of the travel contract), that are necessary after the contract is concluded, are allowed, as far as they are not caused by the TO's bad faith and they do not differ substantially and the overall arrangement of the booked journey is not affected. Possible claims of warranty remain unaffected if the changed services are inadequate. In case of a relevant change of an essential service the customer has the right to withdraw from the contract without any costs or has the right to take part in a journey which is at least comparable, if the TO is able to offer such a journey without extra charge.

3.2 The TO reserves the right to change the price that was agreed in the contract in an adequate way, if the costs for transport increase or particular services like airport charges or exchange rates change.
An increase is only permitted when the period between concluding the contract and travel date is more than 4 months and the circumstances that had led to the increase couldn't be foreseen by the TO. In case of a subsequent change in the tour price, the costumer will be promptly informed. With price increases of more than 5%, the traveler is entitled to withdraw from the travel contract or participate in a trip that is at least equivalent, if the TO is able to offer such a trip without additional charge.

4. Cancellation by the customer

The client can cancel his trip any time before it starts. Decisive is the access with the TO of the client's announcement to resign. If the traveler withdraws from the travel contract or he does not travel, the TO is allowed to demand a substitution for the precautions already made and for its expenditures. In calculating the replacement costs there should be considered usually spared expenditures and usually other possible uses of the travel services. The TO can inspect this recourse claim depending from the period of cancellation to the original agreed start of the tour, considering the following disposition. The traveler is free to prove that a loss has not arisen, or is considerably lower.

until 60 days before travel: 10% of tour price

59 - 30 days: 25% of tour price

29 - 15 days: 40% of tour price

14 - 07 days: 60% of tour price

06 - 01 days: 75% of tour price

day of departure: 85% of tour price

In some cases, there can be even higher cancellation fees than the ones from above (rates up to 100% of the tour price, if proved by the TO concretely. The client bears the TO's expenditures that have already been paid and cannot be refunded.

5. Changes in bookings and Replacement

In case of a change in booking (changes in travel dates, place, travel begin, destination, accommodation or transport), the same regulations are valid as if the client would have cancelled the trip. A change in booking is equal to a new travel contract. With minor changes the TO charges the travelers only an alteration fee of 25.

Until the start of the journey, the traveler may require that a third party novates the rights and obligations arising from the travel contract. The TO can contradict the access of a third party, if he or she doe not mesure up special travel needs or if the participation is opposed to legal regulations or administrative orders. If a third party joins the contract, he or she together with the traveler are liable as joint and several debtor for the travel price and also for the additional costs caused by the third party. In case of air services, the acceptance of a third party depends on the provisions of the respective airline.

6. Cancellation by the TO

6.1 If an advertised minimum number of participants is not reached up to 4 weeks before the scheduled departure date, the TO is entitled to cancel the trip. Already made payment will be promptly refunded. The client can demand for participation in another equivalent trip, if the TO is able to offer such a trip without additional charge.

6.2 The TO also has the right to withdraw from the travel contract if the traveler is disturbing the realization of the trip despite warnings, or when he or she behaves to such an extent contrary to the contract, that the immediate withdrawal from the contract is legal, even without keeping a certain deadline. If the TO withdraws from the contract, it is proved the right to keep the tour price. Possible additional costs for the return transport need to be covered by the traveler himself. However, he needs to take into account the value of saved expenditures as well as those advantages, that he gains of ulterior use of the forgone services, including the dues that have already been paid to him by the TO.

6.3 If the realization of the journey is made difficult or affected due to unforeseen acts of god such as civil unrest, war, strikes, natural disasters, etc. both the TO and the traveler are allowed to withdraw from the contract. If the contract is terminated, the TO may demand an adequate compensation for already rendered services or for services that need to rendered in order to finish the tour. The TO must, as far as possible, organize the backhaul. Both parties have to pay the incurred costs equally. Furthermore, additional cost have to be paid by the traveler.

7. Missed services

If the traveler forgoes a service due to early departure or for other urgent reasons, there is no claim for the traveler to get a proportionate refund of the tour price. However, the TO tries to get a refund with the service providers for saved expenditures. This duty does not apply if it is totally insignificant services or a refund is against legal or regulatory appointments.

8. Liability

8.1. The TO is liable under the due diligence of a prudent businessman for the careful selection and monitoring of the service providers, the accuracy of the specifications for tenders and the proper provision of the agreed by contract travel services.

8.2. Our liability under the contract for damages, that are not personal injuries, is limited to triple the amount of the tour price, as far as the damage was caused neither intentionally nor grossly negligence, or insofar as we are solely responsible because of a fault of a service provider.

8.3. For claims for damages in tortious action, that do not not base on intention or gross negligence, we are liable up to triple the amount of the tour price.

8.4. The TO is not liable for services that were booked and claimed on-site (e.g. exhibitions, events, concerts, etc.). In this case, there are valid the terms of contract of the organizer of this benefit.

8.5. As far as single services in tour and booking confirmation are explicitly marked as mediated external services, the TO is only liable for mistakes in intermediation, not for the service itself. The same applies to mediated flights. The liability of the TO for the vicarious agents is limited in terms of reason and amount to their own liability.

9. Obligation

The traveler is required to power disturbances occurring possibly everything reasonable to remedy the problem and possible damage from ocurring or to minimize them. The client is particularly obliged to indicate any complaints promptly with the travel service charged by the TO or a local agency and to demand remedy. Claims of the traveler aren't dropped only if the necessary notice of defect is missing without any blame or when the notice of defect was expendable.

10. Warranty

10.1. If the tour is not provided according to contract, the traveler is allowed to demand for redress within a reasonable time limit. The TO can also remedy in that way, that he provides an equivalent compensation service. The TO can refuse redress if it requires a disproportionate effort.

10.2. With defects the tour price can be reduced. However, this claim is lost if the traveler misses culpably to indicate the defect. Complaints will be received by the travel service, the partner agency or the service providers (e.g. the hotel management, transfer companies) on the spot in order to remedy. You can also contact the TO itself via email, fax or phone.

10.3. Loss or damage of luggage during a flight needs to be indicated on the spot directly with the operating airline via a notification of loss or damage (P.I.R). We are not liable for any loss or damage of items of value.

10.4. If a trip is affected significantly due to a defect and the TO doesn't remedy within a reasonable period of time, you can cancel the travel contract expendiently by a written declaration within its framework in your own self-interest and for the reason of securing evidence. The same applies if the travel is not reasonably possible for you for a good reason due to a defect. A determined deadline for redress is only then not necessary, when redress is not possible, is refused by the TO or when an immediate cancellation of the travel contract comes along with a particular interest on the part of the traveler. If so, the traveler owes the TO the part of the tour price for the services that have already been used, as far as those services were not completely worthless.
Moreover, the traveler may demand compensation regardless reduction or cancellation, unless the defect of the trip is caused by a circumstance, for which the TO is not responsible.

11. Limitation period

The traveler must assert any contractual travel claims except for claims of tortious acts within one month after the contractual termination of the trip. After this period, the traveler may only assert claims, if he was hindered due to no fault of the traveler from keeping the term. The claims of the traveler from the travel contract except for claims of tortious acts prescribe within one year starting from the expiration of the contract provided in the contract. This applies in particular to claims arising from the breach of pre- and postcontractual duties and accessory obligations from the travel contract. Claims of tortious acts are subject to legal limitation obligation. If there are current negotiations between the traveler and the TO about asserted claims or circumstances that justify the claim, the limitation period is interrupted until the traveler or the TO refuse the continuation of negotiations. The limitation period expires no earlier than three months after the end of the interruption.

12. Passport, visa and health regulations

The traveler himself is responsible for respecting the existing passport, visa and health regulations. All disadvantages that result from the non-observance of these regulations, especially the payment of cancellation fees, need to be covered by the traveler unless they are the result of culpable failure to inform or misinformation. Please inform yourself in advance. Some advice and rules can be found on our website as well.

13. Court of Jurisdiction

The whole legal and contractual relationship between the traveler and the TO is exclusively subject to Mexican law. The court of jurisdiction for actions by the traveler is Santiago de Querétaro, Mexico. For actions by the TO against the traveler the traveler's residence is decisive. For actions by the TO against travelers resp. contractual partners of the travel contract that are merchants, legal people of public or private law or people who have their domiciles or place of habitual residence abroad, or whose domicile or place of habitual residence at the time of arraignment is not known, the court of jurisdiction is equal to the base of the TO. The above determinations are not valid, when it comes up anything else for the traveler caused by contractually indispensable agreements of international arangements, that can be applied to the travel contract between the traveler and the TO. Furthermore they are not valid if there are indispensable agreements, that can be applied to the travel contract, in the member state of the EU to which the traveler belongs to, that are more favourable to the traveler than the above mentioned regulations or the corresponding Mexican regulations.

14. General terms and privacy

14.1. The recipient of the travel documents is required to check immediately and carefully his received documents for accuracy (name, travel dates, destination, etc.) and to complain immediately if there is a mistake. We are not liable for misprints or arithmetical errors.

14.2. The invalidity of single regulations of the travel contract does not invalidate the entire travel contract.

14.3. The collection and processing of all personal data is carried out in accordance with the German legal data protection rules. There are only collected and forwarded that kind of data that are necessary for processing your trip.

15. Travel Insurance

Travel insurances are not included in the tour price. We strongly recommend to effect an insurance policy for trip cancellation as well as a health insurance with backhaul.

For your safety we recommend the 'completely carefree package' including trip cancellation insurance and 24-hour-emergency service like the one by Travel Secure. With active trips we recommend to effect an insurance for sports accident.