General Terms and Conditions
Thank you for your interest and trust in us.
The following general terms and conditions apply to all services provided by REISEN & TOURS VIAJERO-MEXICO S.A. de C.V., hereinafter referred to as VIAJERO.
Contract
A contract is concluded between the customer and VIAJERO with the confirmation of a written, telephone, electronic (online) or personal booking. These general terms and conditions apply to this contract. At the latest with the payment of the deposit (25-35% of the invoice), the customer accepts the receipt and content of these general terms and conditions. In the case of travel arrangements or individual services of other organizers, we act as an intermediary and their contract conditions apply. This also applies to the booking of individual services, such as flights. In the event of a booking with a cooperation partner of VIAJERO, the respective conditions of the partner company must be observed.
Booking Confirmation
Immediately after the conclusion of the contract, VIAJERO will send a booking confirmation to the customer, including the description of the services booked, the total price, and the type of travel.
Delivery of Travel Documents
Travel documents will be sent to the customer by email at the latest one week before departure and after payment has been received.
Payment Terms
At the latest 14 days after receiving the booking documents, the customer must pay the stated deposit amount, which is 20%* of the travel price, to the specified account. The balance or total amount is due at the latest 35 days before departure. If the customer fails to make the deposit and/or balance payment in accordance with the agreed payment deadlines, VIAJERO is entitled to cancel the travel contract without notice and charge the customer cancellation fees.
- Day trips must be paid in advance. The total amount must be received on the bank account specified on the invoice at least 36 hours before the trip, or, as an exception and with our consent, paid in cash to VIAJERO (tour guide) before the trip begins. Payments can be made in EUR, USD, or in MXN at the current exchange rate.
- For round trips, the payment must be made at least 35 days before the trip starts with a bank transfer (without additional fees) or with a PayPal transfer with an additional 6-12% fee.
- Payments made with a credit card through our booking platform will incur an additional 6.5% fee.
* Depending on the number of rooms (more than 5), holidays like "Semana Santa" (Easter), Christmas, etc., and special services like flights, etc., as well as luxury-class accommodations, different payment conditions may apply.
Prices
All prices on our website ( www.viajero-mexico.com) or in your travel documents are stated in Euros or US Dollars. All other currencies will be converted at the current exchange rates.
VIAJERO reserves the right to change the travel price agreed upon in the travel contract in the event of an increase in transportation costs or fees for specific services, such as airport fees, or a change in the exchange rates applicable to the trip, provided that more than 4 months have passed between the conclusion of the contract and the start of the trip and the circumstances leading to the change were not yet in effect or foreseeable to the tour operator at the time of contract conclusion.
- If the transportation costs existing at the time of contract conclusion, in particular fuel costs, increase, the tour operator can demand the resulting increase amount for the individual seat.
- If the fees existing at the time of contract conclusion, such as airport fees, are increased against the tour operator, the travel price can be increased by the corresponding proportional amount.
- In the event of a change in the exchange rates after the conclusion of the travel contract, the travel price can be increased to the extent that the trip becomes more expensive for VIAJERO.
In the event of a subsequent change in the travel price, VIAJERO must inform the traveler immediately. Price increases after the 30th day before departure are invalid. In the event of price increases of more than 10%, the customer is entitled to cancel the travel contract without fees or to demand participation in a trip of at least equal value, if VIAJERO is able to offer such a trip without additional cost to the traveler from their offer. The customer must assert this claim immediately after notification of the price increase to VIAJERO.
Tips are not included in the travel prices.
Services
The contracted services are described on our website or in the travel documents or on the VIAJERO website.
- The tour operator explicitly reserves the right to make justified changes before the conclusion of the contract, about which the traveler will be informed, of course.
- Changes to the program after the conclusion of the contract, both before and during the trip, due to strikes, political or other circumstances, natural disasters, and force majeure, are also reserved.
- VIAJERO reserves the right to combine groups with the same travel program or partial travel program and the same language during a group round trip (not private trips). (For example, AZTECA MUNDO MAYA express & MUNDO MAYA express)
Cancellation Policy
The customer may withdraw from the trip at any time before the start of the trip. The decisive factor is the receipt of the cancellation declaration by the tour operator. The customer is advised to declare the cancellation in writing via email. If the customer withdraws from the travel contract or does not commence the trip, the tour operator may demand compensation for the travel arrangements made and for its expenses. The costs and fees incurred by Viajero in such cases will be directly passed on to the customer. Cancellation fees must be paid within 8 days.
Compensation Claims against Viajero
Group Travel:
- After contract conclusion: at least 10% per booking
- From 35 to 31 days before the start of the trip: 25%
- From 30 to 16 days before the start of the trip: 50%
- From 15 to 8 days before the start of the trip: 70%
- From 7 days before the start of the trip: 95%
Private, Hacienda, and Individual Travel:
- Payment terms for hotel accommodations may vary for bookings during holidays such as “Semana Santa” (Easter), Christmas, or due to local peak seasons. The respective cancellation deadlines and the cancellation fees of the booked accommodations are decisive and remain reserved.
Insurance
We ask the customer to check whether they already have sufficient cancellation-, return travel-, health-, accident-, or other insurance. We strongly recommend that the customer take out cancellation and return travel insurance.
Termination of the Contract by the Tour Operator
VIAJERO may terminate the travel contract without notice:
- If an unforeseeable event occurs.
- If the customer does not meet the payment terms.
- If the customer, despite a warning from VIAJERO, significantly disrupts the trip due to behavioral reasons or if they behave in such a way that the immediate termination of the contract is justified. If VIAJERO terminates the contract, VIAJERO retains the right to the travel price.
The tour operator may withdraw from the travel contract due to failure to reach the minimum number of participants only if:
- The minimum number of participants is specified in the respective travel description, along with the deadline by which the traveler must receive the declaration at the latest before the contractually agreed start of the trip.
- The travel confirmation clearly points out this information. The withdrawal must be declared to the customer at the latest 32 days before the agreed start of the trip.
If it becomes apparent at an earlier point that the minimum number of participants cannot be reached, the tour operator must immediately exercise their right of withdrawal. If the trip is not carried out for this reason, the customer will promptly receive a refund of the payments made towards the travel price.
Passports, Visas, Vaccinations
The customer is responsible for complying with individual passport, visa, customs, foreign exchange, and vaccination regulations, as well as obtaining the necessary documents (such as ESTA requirements for transit through the USA (https://esta.cbp.dhs.gov/esta/). VIAJERO accepts no liability for late or incorrectly issued, as well as unapproved visas, and the resulting consequences and costs.
Liability
We are liable for the proper execution of the trips described in our travel programs up to a maximum of the full travel price.
- For hotels, restaurants, transport companies, tour operators (day trips), and other service providers, VIAJERO acts only as an intermediary and assumes no liability.
- Accidents, losses, thefts, or damages of any kind are excluded from liability.
- No liability is accepted for disturbances caused by the local lifestyle (music, engine noise, conversations in the early morning hours, etc.).
- Disruptions resulting from careless or negligent behavior by the traveler (e.g., due to intoxication, etc.) are generally excluded from VIAJERO’s liability as a travel provider.
We strive to provide careful selection of transportation, accommodations, and the additional services offered on all trips. However, should the service not match the description, we ask that you report this immediately to the tour guide, driver, or our local representative so that it can be rectified promptly. If the traveler knowingly fails to report deficiencies, they are no longer entitled to any claims afterward.
Every traveler is obliged to cooperate, within the legal framework, in avoiding or minimizing potential damages in the event of performance issues. In order to make claims against VIAJERO, the customer must obtain confirmation of non-performance of a service, allowing them to submit a complaint. This must be reported to VIAJERO via email without delay, but no later than two weeks after the end of the trip.
Claims must be submitted in writing with supporting documentation. Tour guides, etc., are not authorized to recognize any claims.
Delays in transport such as trains, buses, or airplanes can occur. Local events such as markets or festivals in countries like Mexico and Guatemala are often canceled at short notice and without explanation. It must be expressly considered that the accommodations we offer cannot be measured against European standards.
Exclusion of Claims and Statute of Limitations
Claims for non-performance of the trip according to the contract must be made by the customer within two weeks after the contractually specified end of the trip in writing via email. The claim can only be made in a timely manner to VIAJERO. After the deadline, the customer can only make claims if they were prevented from meeting the deadline through no fault of their own.
Customer claims expire after one year. The limitation period begins on the day the trip should have ended according to the contract. If negotiations are ongoing between the customer and VIAJERO regarding the claim or the circumstances giving rise to the claim, the limitation period is suspended until either the customer or VIAJERO refuses to continue negotiations. The limitation period expires no earlier than three months after the end of the suspension.
Jurisdiction
VIAJERO is a Mexican company with headquarters in Playa del Carmen. For this reason, Mexican law applies to all claims, with jurisdiction in Cancún, Quintana Roo.