Terms & Conditions
Last updated:
TERMS AND CONDITIONS OF USE AND BOOKING
REAL BAJA TOURS AND TRAVEL LLC
Last updated: March 17, 2026
These Terms and Conditions of Use and Booking (the “Terms”) govern access to and use of the website www.realbajatours.com (the “Website”), as well as the reservation, purchase, and participation in tours, excursions, transportation, and related services offered by REAL BAJA TOURS AND TRAVEL LLC (“Real Baja Tours,” “we,” “us,” or “our”).
By accessing the Website, submitting a booking request, making a payment, contacting us through the Website, WhatsApp, email, phone, or social media, or participating in any experience offered by Real Baja Tours, you acknowledge that you have read, understood, and agreed to be bound by these Terms.
1. Identification of the Provider
Business name: REAL BAJA TOURS AND TRAVEL LLC
Commercial name: Real Baja Tours
Address: Pozo Cota Carretera a Todos Santos Migriño, 23473 Cabo San Lucas, B.C.S., Mexico
Contact email: [email protected]
Phone / WhatsApp: +52 624 122 9488
2. Purpose of the Website
The Website is intended to provide information about tours, excursions, adventure activities, transportation, pricing, schedules, availability, and related travel services offered by Real Baja Tours, and to allow users to contact us and request or complete reservations. The current public site includes online booking flows, pickup information, tour times, optional insurance references, and park-fee exclusions.
3. Acceptance of the Terms
Use of the Website and any reservation or participation in our services implies full acceptance of these Terms, our Privacy Policy, our Cookie Policy, and our Refund / Cancellation Policy, as published on the Website and as updated from time to time.
If you do not agree with these Terms, you must refrain from using the Website and from booking any service through Real Baja Tours.
4. Eligibility and User Responsibility
By making a reservation, the user declares that:
they are at least 18 years old, or are making the reservation as a parent, guardian, or legally authorized adult on behalf of a minor;
they have legal capacity to enter into binding agreements;
all information provided is true, accurate, complete, and current;
they understand that some tours involve physical activity, outdoor conditions, transportation logistics, and safety instructions that must be followed at all times.
The user is solely responsible for ensuring that the booking information submitted is correct, including names, contact information, travel dates, pickup location, selected tour, and payment details.
5. Booking Process
Bookings may be requested through the Website, WhatsApp, phone, email, social media, or other authorized communication channels.
A booking is not deemed final until it has been reviewed and accepted by Real Baja Tours and, where applicable, the required payment or deposit has been received and confirmed.
Real Baja Tours reserves the right to decline or cancel a booking request in cases including, but not limited to:
lack of availability,
operational limitations,
incomplete or inaccurate booking information,
safety considerations,
suspected fraud,
payment failure,
or circumstances beyond our reasonable control.
The Website currently displays booking forms that may request, among other data, the user’s name, email, phone number, pickup location, selected tour, and payment method.
6. Prices, Currency, and Availability
All prices shown on the Website are provided for informational and commercial purposes and may be subject to change without prior notice, except where a confirmed booking has already been accepted under specific quoted conditions.
Unless otherwise indicated, prices displayed on the public services pages are shown in USD and are subject to availability. Some tours also state that park entry fees are not included and that optional insurance may be available at additional cost.
Real Baja Tours reserves the right to correct obvious pricing errors, misprints, calculation issues, technical errors, or availability mismatches.
7. Payment Terms
Payment methods made available to users may include those displayed at checkout or communicated directly by our team, including methods currently shown on the Website such as Zelle, Credit Card Payment, PayPal, and Pay On Arrival.
Where payment is made by card on arrival, the Website states that the customer may be required to present identification to verify identity.
The user agrees that:
payment must be made in accordance with the conditions communicated at the time of booking;
all payment information provided must be lawful and authorized;
Real Baja Tours may require advance payment, partial payment, or full payment depending on the service;
transaction acceptance is subject to authorization, verification, and operational confirmation.
Any bank charges, payment platform fees, currency conversion fees, or third-party charges imposed by the user’s bank or payment provider remain the responsibility of the user unless expressly stated otherwise.
8. Pickup, Transportation, and Meeting Logistics
Some services may include hotel pickup or transportation from selected locations. The public Website states that pickup may be available from hotels in Cabo San Lucas and San José del Cabo, and that transportation arrangements may be coordinated after booking depending on the service.
The user is responsible for:
providing an accurate pickup or meeting location,
being ready at the agreed time,
confirming last-mile logistics when requested,
and keeping communication channels available before the start of the experience.
Failure to appear at the confirmed meeting point or pickup location on time may be treated as a no-show and may result in loss of the amount paid, subject to the Refund / Cancellation Policy.
9. Safety, Participation Requirements, and Operational Rules
Certain tours involve off-road vehicles, horseback riding, marine activities, or other outdoor experiences that may involve inherent risks. Participation is conditioned on the traveler’s compliance with all safety instructions, operational rules, equipment requirements, and guide instructions.
The public Website indicates, depending on the tour, that helmets and goggles may be provided, that a safety briefing may be mandatory, and that some excursions are not recommended for people with back problems, heart conditions, pregnancy, or recent surgery.
By booking or participating, the user agrees that:
they will follow all instructions from Real Baja Tours staff, drivers, and guides;
they will not participate under the influence of alcohol, drugs, or any substance that may impair judgment or physical ability;
they will disclose, when relevant, any physical limitation or condition that may affect safe participation;
they understand that Real Baja Tours may deny participation, without refund where permitted by law and policy, if a participant presents a safety risk to themselves or others;
they will use vehicles, animals, equipment, and facilities responsibly.
10. What Is Included and Excluded
What is included in a service depends on the specific experience booked and what is expressly described at the time of purchase or confirmation.
The Website currently indicates that some tours may include safety equipment, purified water, off-roading equipment, or transportation, while some exclusions may include optional insurance, park entry fees, gratuities, or add-ons not expressly stated as included.
Users should review the specific service description carefully before booking.
11. Changes by the User
Any request to change a confirmed booking is subject to availability, operational feasibility, and the terms set out in the Refund / Cancellation Policy.
Changes requested less than 24 hours before the experience’s start time will not be accepted. This rule forms part of the cancellation policy currently published by the business and of the policy text you instructed me to incorporate.
12. Changes, Suspension, or Cancellation by Real Baja Tours
Real Baja Tours reserves the right to modify, reschedule, suspend, substitute, or cancel a service where necessary for reasons including:
weather or sea conditions,
safety,
force majeure,
park, route, or access restrictions,
mechanical issues,
staff or guide availability,
low participation,
government restrictions,
or other operational reasons beyond our reasonable control.
When a service is canceled by Real Baja Tours for reasons attributable to us and cannot be reasonably rescheduled, the customer may be offered, at our discretion and subject to circumstances, one of the following:
rescheduling to another available date or time,
credit for future use,
or a refund of the amount actually paid for the canceled service.
13. Refunds and Cancellation Policy
All bookings are subject to the separate Refund / Cancellation Policy, which forms an integral part of these Terms.
Where there is any conflict between the general wording of these Terms and the specific cancellation rules published in the Refund / Cancellation Policy, the latter shall prevail with respect to cancellations, timing, refunds, and changes.
14. No-Shows and Late Arrivals
If a customer fails to arrive on time, fails to be present at the designated pickup location, cannot be contacted, or loses the tour due to late arrival, Real Baja Tours may classify the booking as a no-show.
No-shows are generally non-refundable, unless mandatory law requires otherwise or Real Baja Tours expressly agrees otherwise in writing.
15. User Conduct
The user agrees not to:
misuse the Website,
attempt unauthorized access to systems,
submit false or fraudulent bookings,
interfere with the operation of the Website,
upload malicious code,
impersonate another person,
harass staff or guides,
or use the Website or service for unlawful purposes.
Real Baja Tours reserves the right to suspend access, refuse service, cancel bookings, or take legal action where misuse, fraud, abuse, or unlawful conduct is suspected.
16. Intellectual Property
All content on the Website, including text, images, graphics, design elements, logos, videos, branding, source code, layout, and commercial materials, is the property of Real Baja Tours or is used under appropriate authorization.
No reproduction, distribution, public communication, modification, scraping, framing, or commercial exploitation of Website content is permitted without prior written authorization, except where allowed by law.
17. Third-Party Links and Services
The Website may contain links to third-party services or platforms, including social media, payment services, mapping tools, messaging services, or external review platforms.
Real Baja Tours is not responsible for the terms, privacy practices, availability, or content of such third-party services.
18. Limitation of Liability
To the maximum extent permitted by applicable law, Real Baja Tours shall not be liable for:
indirect, incidental, special, or consequential damages;
losses arising from delays, weather, road conditions, sea conditions, park closures, third-party failures, or force majeure;
losses caused by inaccurate information supplied by the user;
personal items lost, stolen, or damaged during the experience;
refusal of participation for safety reasons;
or misuse of Website content or services by the user.
Nothing in these Terms excludes liability where exclusion is prohibited by law.
19. Privacy and Personal Data
Personal data provided through the Website or through communications with Real Baja Tours shall be processed in accordance with our Privacy Policy and applicable law.
20. Governing Law and Jurisdiction
These Terms shall be governed by the applicable laws of Mexico, without prejudice to any mandatory consumer protections that may apply under the laws of the user’s place of residence.
Any dispute arising out of or relating to these Terms, the Website, or the services offered by Real Baja Tours shall be submitted to the competent courts and authorities of Baja California Sur, Mexico, unless mandatory law provides otherwise.
21. Modifications to the Terms
Real Baja Tours reserves the right to amend these Terms at any time to reflect legal, operational, technical, or commercial changes.
Updated versions shall be published on the Website with a revised “Last updated” date. Continued use of the Website after publication of changes constitutes acceptance of the revised Terms.
22. Contact
For any questions regarding these Terms, bookings, or legal notices, you may contact:
REAL BAJA TOURS AND TRAVEL LLC
Pozo Cota Carretera a Todos Santos Migriño, 23473 Cabo San Lucas, B.C.S., Mexico
Email: [email protected]
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