Terms & Conditions

México Cultural (hereinafter "the Agency") is the owner of the website mexicocultural.mx and makes it available to users so that any individual or legal entity (hereinafter "User," "Users," "Client," and/or "Clients") may book tourism activities, excursions, guided tours, transfers, and other services.

We are a Cultural Tours agency focused on promoting cultural heritage through guided cultural tours.

Definitions

For all purposes of these Terms and Conditions, the following definitions shall apply:

Agency: Hereinafter, the company called "MEXICO CULTURAL," which contracts and/or acts as an intermediary through its website mexicocultural.mx for the benefit of a "USER" with respect to lodging, tourism, tour, food, transfer, and other services provided directly by a final PROVIDER in most cases.

Website "mexicocultural.mx": The digital page, known as a WEB page, owned by MEXICO CULTURAL, which is a digital and technological medium through which the various tourism services provided directly by a PROVIDER are offered to the "USER" via Internet technology; hereinafter referred to as the "SITE."

User or Client: Any person, hereinafter referred to as "USER," who uses the "SITE" mexicocultural.mx for the purpose and intent of using the intermediation service to book any of the tourism services provided directly by the final PROVIDER.

Provider: An individual or legal entity that directly provides lodging, transportation, tourism, food, and tour services to the "USER," contracted, reserved, or acquired by the latter through the intermediation and booking engine of the "SITE."

Services: Those tours offered by the agency either through the site and/or WhatsApp to USERS.

Short tours: Tours conducted in a single day — we depart in the morning from Mexico City and return at night to the same departure point.

Long tours: Tours lasting more than two days, during which we stay overnight somewhere outside Mexico City.

Walking tours: Tours where the meeting point is at the place to be visited, usually lasting half a day, as they take place within Mexico City.

Special tours: We provide services to certain individuals or companies, adapting our tours to their needs; these are usually short tours for a closed group.

Declarations

I. The User declares under oath:

That they are an individual or legal entity with the capacity to be bound by the terms of this instrument, of legal age (if an individual), competent, and with sufficient financial means to be bound by these Terms and Conditions, and with an interest in acquiring the intermediation and booking services specified herein, and that to this end they turn to the agency to act as a mere intermediary between themselves and the Providers.

All information provided by the User to the Agency is truthful, accurate, current, and complete; the User acknowledges that the services provided by the Agency and its Site consist solely and exclusively of acting as an intermediary between the User and the direct provider of lodging, transportation, food, tourism, and tour services, as applicable.

The financial resources they obtain come from lawful means.

II. The Agency declares:

That for the purposes of these Terms and Conditions, they act solely as INTERMEDIARIES between the User and the Providers of tourism, transportation, food, and other services, and to this end they have the technical and administrative capacity, as well as the material and human resources necessary to book on behalf and at the request of the User the services referred to in these Terms and Conditions.

It is their desire to offer tourism, food, lodging, and transportation services to Users with the greatest care possible, always ensuring that providers fulfill their services to the best of their ability.

The parties being in agreement with the declarations, the following is stipulated:

First. Acceptance of the General Terms of Use and Access to the Site

By accessing, viewing, or using the materials, content, or services accessible through the Website, the User acknowledges that they understand and accept these General Terms of Use (hereinafter, the "General Terms"), which define the rights and obligations of THE AGENCY and the User for the contracting of tourism activities, excursions, guided tours, food, transportation, lodging, and other services.

THE USER also agrees that the agency may collect personal and/or sensitive data from them, in order to fulfill the general terms and conditions and thereby complete the services.

Second. Purpose

This consists of providing services and the resulting INTERMEDIATION between the agency's site (mexicocultural.mx), the "USER," and the PROVIDERS, where the agency, for the purposes of these Terms and Conditions, will act solely and exclusively as INTERMEDIARY, providing the "USER" through its "SITE," in an enumerative but not limiting manner, the booking service for services that may include ground and air transportation reservations, hotel and lodging reservations, travel package reservations, car and cruise reservations, restaurant reservations, museum and park admissions, among others. Once bookings are confirmed to the "USER" by the agency containing the tourism services chosen by the "USER" (subject to availability), the intermediation service provided by the agency through its "SITE" will be considered complete, as those lodging and tourism services will be provided directly to the "USER" by the PROVIDERS. However, THE AGENCY will always ensure that the services of the guides and transportation are properly fulfilled.

THE AGENCY IS LIMITED EXCLUSIVELY TO OFFERING THROUGH THE WEBSITE AND/OR ANY OTHER MEANS A BOOKING SERVICE FOR ACTIVITIES, EXCURSIONS, GUIDED TOURS, AND TRANSFERS IN VARIOUS LOCATIONS AROUND THE WORLD, WHICH ARE CARRIED OUT DIRECTLY BY THE PROVIDERS.

To book any service with us, you must accept these Terms. If you do not accept these Terms, you will not be able to use our Service or book a travel service.

If you violate a travel Provider's rules and restrictions, your booking may be cancelled and you may be denied access to the corresponding travel Service. You may also lose the money you paid for such booking, according to the travel Provider's rules and restrictions.

We are not obligated to mediate between a Guest and a travel Provider in any dispute that arises between them.

Third. Payment Policies

The rates shown on the "SITE" will remain valid only if the user books and complies with the specified payment policies; otherwise, rates may vary due to the dynamics of service supply. A booking is considered complete when the "USER" has provided all necessary information and has received a confirmation number from the "SITE" and/or via WhatsApp. By booking, the "USER" authorizes THE AGENCY to validate the card information provided during the transaction and expressly confirms that they are aware of and accept the Terms and Conditions and the privacy notice of MEXICO CULTURAL. All bookings are subject to availability at the time of processing the request. In some cases, availability must be verified directly with the PROVIDER's reservations department before confirming the booking to the USER. THE AGENCY will take a maximum of 24 hours to carry out said availability verification and confirmation. To avoid inconveniences, the "USER" must keep their booking number in order to print travel, lodging, and/or tourism service documents.

If the "USER" wishes to change or cancel their booking, they must contact one of our Advisors or the number through which the booking was made, providing their booking number. THE AGENCY suggests that the User carefully read and understand the clause corresponding to CANCELLATION POLICIES. Any change to a booking is subject to availability and new rate quotation.

Fourth. General Conditions Applicable to All Bookings

In general, bookings for the activities, excursions, and guided tours promoted by THE AGENCY through its Website and/or WhatsApp are subject to the following conditions:

The dates and times of activities, excursions, and guided tours published on the Website and/or WhatsApp have been pre-established by the Providers and do not allow any modifications in this regard. The only possibility of modifying the date and time of an activity, excursion, or guided tour is if it is feasible on the part of THE AGENCY.

Users may modify their booking details as long as the conditions of the activity, excursion, and/or guided tour allow it. To make this modification, the User may access a link provided in the booking confirmation email or directly via WhatsApp, provided that THE AGENCY confirms said modification.

The User must respect the meeting point and agreed time specified in the booking for boarding transportation, allowing for a 10-minute tolerance; otherwise, the tour will continue with the people present at the scheduled time and place and those who are late will forfeit their right to a refund.

The site will be updated quarterly with a list of places to visit; interested users must book through the site or WhatsApp. For such booking, a 50% deposit of the total cost of the selected package is required, with the understanding that a minimum of ten people is required to carry out the reserved activity.

If the minimum of ten people mentioned in the previous paragraph is not reached, a waiting list will be created in order to carry out the reserved activity; the user acknowledges this situation and accepts the wait, which will not exceed 30 calendar days.

If the wait is longer, the agency will notify the client to give them the option of booking another visit.

A booking will be considered formalized once the Users have completed and accepted the steps to follow through the site and/or WhatsApp for the activity or transfer booking, and it has been confirmed by THE AGENCY after the booking process has been correctly completed and payment has been successfully made.

Fifth. Specific Transfer Conditions

The transfer service offered by MEXICO CULTURAL is private, so the vehicle can only be used by users who have contracted this service. In some destinations, the option to share the transfer with other clients will be available at more competitive rates.

The number of seats indicated on the Website and/or WhatsApp is the maximum number of people who can travel in the vehicle in addition to the driver. Please note that children occupy a seat just like adults.

Users agree that during trips they may be photographed, recorded on video, interviewed, and that the agency may subsequently publish their testimonials and photographs in its various communication channels without this causing any issues; if they disagree, the user must notify the agency in writing so that it may take appropriate measures.

If the User decides to make modifications to the agreed routes, there may be additional charges for the journey. These additional charges will be the responsibility of the User.

México Cultural WILL NOT BE RESPONSIBLE for delays, changes, or additional costs generated by activities not scheduled by the agency.

During tours, USERS are responsible for items left or forgotten inside the transportation vehicles, as well as at the places visited or stayed in.

If the user causes any damage to the transportation vehicles, they must pay for the damages caused; likewise, if they cause damage that cancels all or part of the tour, they must cover the refund to other users depending on the damage caused and/or the portion of the tour cancelled.

Sixth. Payment

At the time of booking by the user, they must pay a 50% deposit and/or the full cost of the package they wish to contract at that same time; without such payment, the place cannot be reserved and may be subject to price increases.

Such payment may be made through various means, which will be communicated on the site and/or via WhatsApp; once payment is confirmed by the agency, the package desired by the USER will be considered reserved.

Seventh. Cancellations

MEXICO CULTURAL reserves the right to contract, on behalf and in favor of the "USER," the services referred to and specified in these Terms and Conditions, through the site and via WhatsApp, in the contracted quality and/or categories, regarding carriers, hotels, and car rental agencies, regardless of the final service provider, unless it is expressly agreed that these services will invariably be provided by a specific PROVIDER. If the direct PROVIDER of the service changes, it will be provided by another of equivalent quality; if the "USER" uses the service, it will be understood that they consented to said change and no claim, compensation, or refund will be applicable.

Once THE AGENCY receives the amount of the contracted services from the "USER," whether air, ground, lodging, package, or any other, MEXICO CULTURAL has the immediate authorization of the "USER" to issue, draw up, or acquire air and ground tickets, among others, in their name, adhering to and accepting both MEXICO CULTURAL and the "USER" the cancellation, issuance, and ticket sale policies of national and international airlines, international air ticket issuance and sale policies, and the Reservation and Cancellation Policies of this "SITE." Once air and ground tickets, among others, have been issued in favor of the "USER," MEXICO CULTURAL is not responsible for any itinerary changes, or for any change or error in information provided by the "USER" for the issuance of air and ground tickets, such as names, surnames, ages, gender, dates, routes, airlines, classes, categories, among others.

When completing a booking for a service that uses AIR transportation, an airline ticket is issued, so the following restrictions apply:

Issued tickets are non-refundable.
Tickets are non-transferable to another person or airline.
All changes to the flight date and time generate extra charges and are subject to availability.
For date and time changes on airline tickets: if the "USER" needs to change the time or date of their flight, they must contact the agency. All changes are subject to availability. The sooner the change is requested, the greater the chances of finding available seats on another flight. Expenses generated by such changes are at the User's expense.

For cancellation of packages that include lodging: if the room is marked with the legend "non-cancellable, refundable" or similar, a 100% penalty applies regardless of the date on which cancellation is requested. Cancellation policies may vary depending on the hotel, time of year, or type of room. The "USER" may review the specific policy applicable to the selected hotel during the booking process, for which THE AGENCY will send those policies to the user via email, WhatsApp, and/or any other means. In any case, even due to force majeure for the "USER" who must leave or check out of the hotel before the end of their stay (early checkout), or does not check in to the hotel, this is considered a cancellation and no refund of any kind, partial or total, applies.

For cancellation of any short, long, walking, or special tour service, the following applies:

Short tours:

If cancellation notice is given at least 8 calendar days in advance: 100% of the payment made by the User will be refunded.
If cancellation notice is given at least 4 calendar days in advance: 50% of the payment made by the User will be refunded.
If cancellation notice is given less than 4 calendar days in advance: no refund will be made.

Long ground tours:

If cancellation notice is given at least 15 calendar days in advance: 100% of the payment made by the User will be refunded.
If cancellation notice is given at least 8 calendar days in advance: 50% of the payment made by the User will be refunded.
If cancellation notice is given less than 8 calendar days in advance: no refund will be made.

Long air tours:

If cancellation notice is given at least 35 calendar days in advance: 100% of the payment made by the User will be refunded.
If cancellation notice is given at least 20 calendar days in advance: 50% of the payment made by the User will be refunded.
If cancellation notice is given less than 20 calendar days in advance: no refund will be made.

Some tours and activities are not subject to cancellation and therefore no refund would apply. These are identifiable at the time of booking through a notice and/or acceptance box that the "USER" must accept to continue the booking process.

For a refund to apply, the USER must give cancellation notice via email and WhatsApp; said notice must be confirmed as received by the agency for the refund to proceed.

If the AGENCY wishes to cancel services at its convenience, it may do so provided it gives the user at least two calendar days' notice, refunding what the user paid without any penalty.

If the provider(s) cancel or delay any service, the agency disclaims any responsibility; likewise, such a situation will not be grounds for a refund; however, the agency may assist users in guiding them regarding their claims with the providers.

Eighth. Exclusion of Liability

THE AGENCY / MEXICO CULTURAL will not be liable, and therefore no liability will apply, in the following cases:

Cancellations made past the deadline by Users. MEXICO CULTURAL will not be responsible under any circumstances for returning amounts paid by its Users when they have not complied with the cancellation deadline set forth in the cancellation policy applicable to each service.
Delays or errors on the part of Users to arrive at the meeting point of the reserved activity, excursion, guided tour, and/or transfer. That is, MEXICO CULTURAL will not assume any liability if the User misses the reserved activity or transfer due to lack of punctuality and/or not being at the corresponding meeting point.
Cases where the Provider denies the User access to the corresponding activity, excursion, and/or guided tour when they do not meet the necessary requirements requested by the provider or the agency itself.
Damage and theft affecting Users and their property during the enjoyment of activities, excursions, and guided tours and/or during the contracted transfer service.
Injuries, damages, and accidents that the User may suffer during the enjoyment of the reserved activity, excursion, guided tour, and/or transfer, as well as those suffered by the User prior to the service that prevented them from enjoying it.
Cases where the vehicle reserved for the transfer does not arrive at the pickup point when the information provided by the User regarding schedules and pickup point is incorrect or misleading.
Missed flights, trains, buses, or any other means of transportation as a result of not arriving on time and not following the guidelines provided by MEXICO CULTURAL.
Weather conditions under which the Provider carries out the activities, excursions, and guided tours reserved by Users. Under no circumstances will MEXICO CULTURAL be responsible for these circumstances, so the service will be considered properly rendered.
The quality and adequacy of the service contracted by the User.
Cases where activities, excursions, or guided tours have been completed with respect to all points of interest included therein, even if the duration has varied slightly due to any factor external to the Provider and/or MEXICO CULTURAL. In this situation, the service will be considered properly rendered.
Complaints and claims regarding the service contracted by the User, which must be managed with the service Provider, without prejudice to THE AGENCY being able to collaborate with the User to address their claims.
Minors and/or elderly persons attending visits; therefore, a responsible adult (family member) must take responsibility for the minors/elderly persons at all times. THEREFORE, IN THIS ACT THE USER releases MEXICO CULTURAL from all liability regarding minors, elderly persons, and/or persons requiring special care.
Incorrect behavior by users, minors, and/or elderly persons that causes problems with the provider or the agency itself and results in the suspension of service provision.
Damages caused by the USER and/or minors in their care to the property of providers and/or the agency during service provision; therefore, the USER will be solely responsible for the damages they cause.
Fortuitous events and/or force majeure that prevent activities or service provision from taking place, understood as events caused by nature and/or people that cannot be foreseen or, even if foreseeable, cannot be avoided.
Regarding the terms and conditions and/or policies of direct service PROVIDERS, MEXICO CULTURAL will not assume any type of liability and the "USER" hereby releases MEXICO CULTURAL from all liability, as well as from any current or future claim for costs, expenses, or losses that the "USER" might experience, including any medical situation of a personal or third-party nature, accidents or death, damage to personal belongings, anger, disappointment, anguish or frustration, whether mental or physical.

Additionally, in cases where the User contracts services directly with the Provider or carries out different activities on their own outside of the contracted services, THE AGENCY will not be responsible for:

Compliance with any tax obligation of declaration, payment, or any other type arising from or resulting from the service provided by the Provider. MEXICO CULTURAL is exempt from any type of tax liability in relation to the services rendered.
The quality of activities contracted by the USER on their own.
Any type of theft, fraud, and/or deception that the USER may suffer as a result of having contracted services from providers on their own and outside the activities indicated by the Agency.
In general, any situation arising as a result of having contracted services with different providers and/or having carried out different activities from those agreed and contracted with THE AGENCY.

Ninth. User Obligations

Users are obligated to follow the guidelines and regulations of both the agency and the providers — that is, hotels, transportation, food establishments, tourist centers, and generally all places visited during service provision; if for any reason the conduct rules are not respected, the Agency and/or providers may suspend service provision for that user without any liability, and therefore no refund will apply.

Users are responsible for minors and/or elderly persons they bring to visits; therefore, THE AGENCY will not be responsible for their care, and the same provisions established in the previous paragraph apply.

Users and persons in their care must at all times follow the instructions of the providers and/or agency; otherwise, they are not responsible for any possible damages they may suffer, nor will they be held liable if they miss a visit and/or activity as a result of separating from the group or carrying out different activities from those contracted with the agency.

They must notify the agency and providers in writing if special care is needed or if persons in their care require special medical attention, medical treatments, allergies, or other circumstances that the agency and/or providers should know about, so that necessary precautions can be taken; nevertheless, the user will also be responsible and aware of the activities to be carried out and therefore responsible for their companions who require special care.

Tenth. Intellectual Property

Intellectual and Industrial Property related to the Website and Apps and information provided by various applications owned by MÉXICO CULTURAL.

All rights to the content, design, and source code of the Website and App, especially, by way of example but not limitation, all rights to photographs, images, texts, logos, designs, trademarks, trade names, data included in the Website and App, and any other intellectual and industrial property rights are owned by MEXICO CULTURAL. MEXICO CULTURAL does not grant any license or authorization of any kind over its intellectual and industrial property rights or over any other property or right related to the Website and/or Apps, and under no circumstances shall access and browsing by Users be understood to imply a waiver, transmission, license, or total or partial assignment of such rights by MEXICO CULTURAL.

Eleventh. Modifications

MEXICO CULTURAL reserves the right to make as many adaptations or modifications as it considers appropriate to these General Conditions, at any time.

If the General Conditions have undergone any changes, the version applicable to the User will be the one in effect on the day of contracting the Service.

These modifications will be valid from the date of their publication, which appears at the bottom of the General Conditions.

Twelfth. Interpretation

All clauses or provisions of these General Conditions must be interpreted independently and autonomously, with the remaining stipulations not being affected if one of them has been declared null by a firm judicial ruling or arbitration award. The affected clause or clauses will be replaced by another or others that preserve the effects sought by the General Conditions.

Thirteenth. Claims

If the User feels that their consumer rights have been violated, the User must first file a claim with the provider that rendered the service.

Likewise, the User may contact MEXICO CULTURAL to exercise their consumer rights through the Internal Claims Management System: mexicocultural.mx/contactanos/ and/or through the means by which they contracted the services. These Terms and Conditions constitute the entire and complete agreement between the parties regarding the subject matter set forth herein, and supersede any prior agreement or contract made between the parties (whether oral or written) related to the same subject matter, and shall not be amended or modified except in writing or by making such amendments or modifications available on this site.

Fourteenth. Applicable Law

These Terms and Conditions shall be governed by the laws of Mexico City. You acknowledge that you are aware of the scope of this Agreement, whose Terms and Conditions are the faithful expression of your will, and you submit, in the event of non-compliance or interpretation, to the jurisdiction of the Federal Consumer Protection Agency (PROFECO), in an administrative capacity, as a conciliation body to resolve any differences that may arise; and if they persist, you agree to submit to the jurisdiction of the Laws and Courts of Mexico City, under its exclusive jurisdiction, waiving any other jurisdiction that, by reason of your current or future domiciles, the location of your assets, or your nationality, may correspond to you. To the extent permitted by applicable law, no complaint, claim, or cause of action related to your access or use of this Site shall be filed more than one (1) year after the date on which such complaint, claim, or action arose or the purchase was completed.