📄 Terms and Conditions Of Obi Tours
By booking, paying for, or participating in any service provided by Obi Tours (“Company”),
the client (“Customer”) agrees to the following legally binding Terms and Conditions:
1. Binding Agreement
- These Terms constitute a legally binding agreement between the Customer and Obi Tours incorporated.
- By submitting payment (deposit or full), the Customer confirms they have read, understood, and agreed to all terms.
- The Customer agrees to be responsible for all members of their party, including minors and guests.
2. Reservations, Payments, and Pricing
- All reservations require a deposit or full payment to be confirmed.
- Pricing is subject to change until payment is received.
- Obi Tours reserves the right to refuse service or cancel bookings at its sole discretion.
- Failure to complete payment may result in automatic cancellation without notice.
- Any chargebacks or payment disputes initiated without prior communication will be considered a breach of contract.
3. Cancellation, Refunds, and No-Show Policy
- 48+ hours prior: Eligible for full refund of deposit.
- Within 48 hours: Non-refundable.
- No-shows: 100% non-refundable.
- Late arrivals may result in reduced or forfeited service without refund.
- All refunds are given back in the form or Credits.
- Any credits issued (if applicable) are valid for 365 days and are non-transferable unless approved in writing.
- In the event of severe weather conditions, government restrictions, or circumstances beyond our control, Obi Tours reserves the right to reschedule the service or issue a credit valid for up to 365 days.
4. Assumption of Risk
The Customer acknowledges and accepts that participation in tours, transportation, and activities involves inherent risks, including but not limited to:
- Transportation-related risks (accidents, road conditions)
- Outdoor/environmental risks (weather, terrain, wildlife)
- Physical activity risks (injury, fatigue, dehydration)
- Third-party activity risks (vendors, attractions, equipment)
By participating, the Customer voluntarily assumes all risks, known or unknown.
5. Medical Fitness and Responsibility
- The Customer certifies that they are physically and medically fit to participate in any of our tours.
- The Customer agrees to inform Obi Tours in advance of any medical conditions, disabilities, allergies, or special needs.
- Obi Tours is not responsible for any medical issues, injuries, or complications that arise during or after the service.
- In case of emergency, the Customer authorizes Obi Tours to seek medical assistance at the Customer’s expense.
- The Customer assumes full responsibility for all medical costs incurred.
6. Limitation of Liability
To the fullest extent permitted by law:
- Obi Tours shall not be liable for:
- Personal injury, illness, or death
- Loss, theft, or damage of personal property
- Delays, cancellations, or missed connections (including flights or cruises)
- Liability, if any, shall be strictly limited to the amount paid for the service.
- Obi Tours is not responsible for actions, errors, or omissions of third-party providers.
7. Indemnification
The Customer agrees to indemnify, defend, and hold harmless Obi Tours, its owners, employees, contractors, and affiliates from any claims, damages, liabilities, costs, or expenses arising from:
- Customer negligence or misconduct
- Violation of laws or regulations in our country or area
- Breach of these Terms, or any federal, state, municipal, or city ordinance in-to law
- Actions of any member of the Customer’s group from any illegal actions or legal mishaps not contemplated in the itinerary.
- Any illegal consumption of drugs or illicit alcohol or beverages in general
8. Force Majeure
Obi Tours shall not be liable for failure or delay due to events beyond its control, including but not limited to:
- Natural disasters
- Weather conditions
- Government actions or restrictions
- Pandemics or health emergencies
- Civil unrest or strikes
In such cases, services may be rescheduled or converted into credit.
9. Conduct and Right to Refuse Service
- The Customer agrees to behave in a respectful, lawful, and safe / legal manner.
- Prohibited conduct includes:
- Violence or threats
- Illegal activity
- Property damage
- Excessive intoxication
Obi Tours reserves the right to terminate services immediately without refund for any violations considered too unsafe or unprofessional.
10. Alcohol, Substances, and Safety
- Consumption of alcohol must be responsible and moderate.
- Illegal substances, edibles, patches or mechanical tech (Electronic devices / vapes) are strictly prohibited.
- Obi Tours is not liable for incidents resulting from intoxication or substance use.
11. Transportation Terms
- Seatbelt use is mandatory where applicable.
- Customers must follow all vehicle safety instructions.
- Obi Tours is not responsible for delays due to traffic, road conditions, or authorities.
- Damage caused by the Customer to vehicles will be charged in full.
12. Personal Belongings
- Customers are solely responsible for their belongings.
- Obi Tours is not liable for lost, stolen, or damaged items.
- Unclaimed items may be discarded after a reasonable period of 72 hours.
13. Itinerary Changes and Third-Party Services
- Itineraries may change due to safety, logistics, or availability.
- Optional activities or third-party services are not controlled by Obi Tours.
- The Customer assumes all risks associated with third-party providers.
Customers will be notify via writing on text message or email, if we know something as soon as possible.
14. Photography and Media Release
- By participating, the Customer grants Obi Tours irrevocable rights to use photos/videos for marketing.
- To opt out, written notice must be provided before the day of service.
15. Damages and Cleaning Fees
- The Customer agrees to pay for any damages, excessive cleaning, or repairs caused by their group.
- Additional fees may be charged for:
- Vomiting or spills
- Smoking violations or unnecessary smells
- Property damage to vehicle, buildings, personeel and/or their belongings
16. Dispute Resolution and Chargebacks
- Any disputes must be addressed directly with Obi Tours before initiating legal or financial action at Obi@ObiTours.com.
- Unauthorized chargebacks will be vigorously contested and may result in additional legal action.
- The Customer agrees to cover legal fees and collection costs if necessary.
17. Governing Law and Jurisdiction
- These Terms are governed by the laws of Mexico at federal level, state level, municipal level and local city level.
- Any disputes shall be resolved in the courts of Puerto Vallarta, Jalisco or any court of law in correspondence of the incident.
- The Customer expressly waives jurisdiction in any other location if deem a heavy case or necessary by law or international laws/courts.
18. Severability
If any provision is found unenforceable, the remaining Terms shall remain fully valid and enforceable.
19. Entire Agreement
These Terms represent the entire agreement between the Customer and Obi Tours and override any prior communications or representations.
⚠️ 20. High-Risk Activity Waiver (Third-Party Activities)
The Customer acknowledges that certain optional or recommended activities (including but not limited to ATVs, ziplining, hiking, horseback riding, snorkeling, boating, and similar excursions) are operated by independent third-party providers.
- These activities are not owned, operated, or controlled by Obi Tours, even if arranged, suggested, or coordinated as part of the itinerary.
- The Customer understands and agrees that:
- Participation in such activities is entirely voluntary and at the Customer’s own risk.
- Each third-party provider maintains its own separate insurance, safety standards, and liability policies.
- The Customer may be required to sign separate waivers directly with those providers.
- Obi Tours shall not be held liable for:
- Accidents, injuries, or death occurring during third-party activities
- Equipment failure or operator negligence
- Any damages, losses, or incidents arising outside of Obi Tours’ direct transportation service
- The Customer expressly agrees that any activity not directly operated by Obi Tours falls outside the scope of responsibility and liability of Obi Tours, even if included in a suggested or customized itinerary.
🛡️ 21. Insurance Disclosure and Coverage Limitations
Obi Tours maintains tourism transportation insurance in compliance with applicable regulations in Mexico.
- The Customer acknowledges and agrees that:
- Said insurance coverage applies exclusively while the Customer is inside the Obi Tours vehicle during transportation services.
- Insurance coverage does NOT extend to:
- Walking tours or pedestrian activities
- Time spent outside the vehicle
- Visits to attractions, shops, restaurants, or public/private venues
- Participation in any third-party activity or excursion
The Customer understands that once they exit the vehicle, they are responsible for their own personal safety and insurance coverage.
- Obi Tours strongly recommends that all Customers obtain personal travel insurance, including:
- Medical coverage
- Accident coverage
- Activity-specific coverage
- Obi Tours shall not be responsible or liable for any medical expenses, injuries, damages, or claims arising outside of its limited transportation coverage scope.
📩 Contact
Obed Castaneda
📧 obi@obitours.com
📞 +52 322 111 3009
⚖️ Final Acknowledgment
By making any form of payment, the Customer acknowledges that they:
- Fully understand these Terms and Conditions
- Accept all risks involved, directly or indirectly
- Accept all risks involved, willingly or unwillingly
- Agree to release Obi Tours from liability to the maximum extent permitted by Law and/or God. (Or any religious beliefs).