Terms andConditions

              

Introduction

Welcome to the website orioncaboconcierge.com (“Orion Cabo Concierge”), collectively referred to as the “Site”. The use of this Site is expressly conditioned on your acceptance of these Terms and Conditions. By using this site, You agree to the Terms and Conditions. Orion Cabo Concierge reserves the right to add or modify the Terms and Conditions at any time. All terms added or modified will take effect at the time they are updated. The continued use of this site even after the publication of the changes made to the Terms and Conditions will mean that You accept said changes. Please visit this page periodically for any changes.

Definitions

For all purposes of the Terms and Conditions established herein, the following definitions shall be understood: CONCIERGE AGENCY.- Company (Orion Cabo Concierge) this company for the purposes of marketing services through the website orioncaboconcierge.com, who contract and/or act as intermediaries through their reservation services, for the benefit of a User/Tourist, regarding the tourist services provided directly by the Provider. (Hereinafter referred to as “Orion Cabo Concierge”). https://orioncaboconcierge.com.- Orion Cabo Concierge’s website that acts as an intermediary and as a booking engine, offering through the internet to the User/Tourist, the various tourist services provided directly by the Provider. (Hereinafter referred to as the “Site”). USER/TURIST.- Is referring to a person who travels temporarily and/or who uses the site orioncaboconcierge.com, in order to make use of the intermediation and the reservation engine of Orion Cabo Concierge and with the ultimate purpose of enjoying any of the tourist services provided directly by the Provider. (Hereinafter referred to as “You”). PROVIDER.- Individual or legal entity that directly provides tourist services to the User/Tourist, contracted, reserved or acquired by the latter through the intermediation and reservation engine of the Orion Cabo Concierge site.

Declarations

You declare under protest of telling the truth, appearing by your own and personal right and/or through your legal representative, that You are a natural person or legal entity, of legal age, skillful, capable and with sufficient means or with economic capacity to be bound under these Terms and Conditions, as well as with interest in acquiring the intermediation and reservation services that are specified here, and for that purpose You choose Orion Cabo Concierge in order to act as a mere intermediary between You and the direct Providers tourist services.

You declare under protest of telling the truth, that You acknowledge that the services provided by Orion Cabo Concierge and its Site, consist Solely and Exclusively in the INTERMEDIATION between you and the direct Provider of the services offered on the site; Orion Cabo Concierge declares (a) to be a commercial company in accordance with Mexican law. (b) That its address is located on Calle. Loma Esperanza Maz. 3 Lt. 12, Fraccionamiento Punto Lomas, Cabo San Lucas, Baja California Sur, México, Zip Code. 23473. (c) That for the purposes of these Terms and Conditions, it only acts as INTERMEDIARY between You and the Providers of said tourist services, and that for this purpose, it has the technical and administrative capacity, as well as the necessary material elements and Human resources to reserve on Your behalf and upon Your request the services to which these Terms and Conditions refer. (d) That based on the foregoing declarations, You accept these Terms and Conditions.

Object

The object consists in the INTERMEDIATION that will exist between Orion Cabo Concierge, You and the Providers, where Orion Cabo Concierge for the purposes of these Terms and Conditions, will act solely and exclusively as INTERMEDIARY, providing You through its Site, including, but not limited to, the land transportation reservation service, boat and yacht activities, rental of villas and lodging establishments, yoga sessions, private chef service, massages, and in general reservation of tourist attraction sites; among others. Thus, once the reservations are confirmed by Orion Cabo Concierge containing the tourist services chosen by You (according to their availability), the intermediation service provided by Orion Cabo Concierge shall conclude, since said tourism services will be provided to You directly by the Providers.

Use of the site

Orion Cabo Concierge grants You a limited, non-transferable, revocable license to use this Site in accordance with these Terms and Conditions. You must use this site solely to make or purchase legitimate reservations and may not use it for any other purpose, including but not limited to making any speculative, false or fraudulent reservation. This Site and its content referred to in it, including, but not limited to: texts, paragraphs, statements, specific combination of words, letters or phonetic elements, graphics, button icons, brands, logos, graphic design works, photographs, trade notices, patents, business method, specific color and shape combinations, editorial material, printed formats, search formats, digital downloads, data compilations, source codes, software, etc. are the exclusive property of Orion Cabo Concierge or it has all the Licenses and Authorizations for such use, therefore You shall not copy, reproduce, republish, upload, modify, transmit or distribute said content without having the prior written authorization of Orion Cabo Concierge, except in cases (a) in which You download to view and print the material that is contained in this Site or (b) download or print the material that is sent to Your email by Orion Cabo Concierge, thus any total or partial reproduction of the Site or any use of its content for commercial gain is strictly prohibited. You may not use any “bot”, “AI” or other automatic device, program, algorithm or methodology that has similar processes or functions, or any manual process, to monitor or copy any of the Web pages, data or content, source code, found on this Site under no circumstances and without the prior written consent of Orion Cabo Concierge. In accordance with the foregoing, You agree that You shall not copy, publish, transmit, modify or transfer in any other way the data or content of this Site to any computer, server, website, or other means of mass distribution, for the use of any commercial company, any site, web page, or national or foreign company that represents an economic activity. You also agree that You shall not use any device of any kind, software or routine to interfere with the performance of this site. The unauthorized use that You make of this site or any total or partial reproduction of the Site and/or its content and its material, may violate the laws that govern the property of Copyright, Industrial Property Rights and other laws. You must respect all the notices on Copyright and Industrial Property Rights and may not alter, hide, or destroy any of these notices. The use of such material on any other website or in any networked computer environment, is prohibited. It is prohibited by Orion Cabo Concierge that You post or transmit any material that is against the law, threatening, libelous, defamatory, obscene, indecent, pornographic, profane, or any material that may constitute or encourage others to have conduct that may be consider crimes or that in any other way violate any law. In addition, You are prohibited from displaying or transmitting any information that (a) infringes the rights of other people, or violates their privacy, or publicity rights, (b) is protected by Copyright, Trademark or other Rights of Property, unless You have the express written authorization of Orion Cabo Concierge or the owner of such rights, (c) that contains a virus, bug or any other dangerous item or (d) that is used to collude illegally against another person to the detriment of their right to market or compete. You will be solely responsible for any damage that is caused by any violation of Copyright, Industrial Property, or any other type of Property Rights, or for any other damage that is caused by the misuse that You make of this site.

Age and Responsibility

You declare, regardless of your Country of origin, that You are of sufficient legal age to use this site and subscribe and be bound by these Terms and Conditions, as well as to be responsible for the legal obligations that bind You with any responsibility incurred by using this Site. You understand that You will be financially responsible for all the use that You make of this Site and those who use it using Your information to access it.

Reservation, Payment and Cancellation Policies

The rates shown on the Website are only valid at the time of their quotation. The rates will apply for their respective charge, only in case of reserving the desired service, otherwise these rates may vary. A reservation is considered completed when You receive a confirmation email and the corresponding charge has been applied. At the time of booking, You authorize us in writing and/or verbally to use Your credit card number to make your payment (in case You do not pay through PayPal or Stripe, or a payment link), and expressly confirm that You know and accept these Terms and Conditions as well as the Orion Cabo Concierge privacy notice. All reservations are subject to availability at the time of processing Your request. For some reservations (duly identified before filling in Your contact and credit card details), we have to verify availability directly with the provider’s reservations department before we can confirm them. Orion Cabo Concierge asks You a maximum of 6-12 hours for this availability check and confirmation. In order to avoid setbacks, You must print your confirmation that is sent to your email, and present it at the time of requesting your paid service. If You wish to change or cancel Your reservation, please contact the assigned Orion Cabo Concierge as soon as possible. Orion Cabo Concierge suggests You to carefully read the clause corresponding to the CANCELLATION POLICIES.- Any change of reservation is subject to availability and re-quotation of rates.

Payment Policies

The corresponding amount of your reservation, will be immediately charged by Orion Cabo Concierge to the credit card details that You provide for this purpose, as long as the status of your reservation shows that it is confirmed. Also, You can pay through PayPal, Stripe, or payment link powered by Stripe, which is a safe and efficient online payment method. The rates published on our site are quoted in US Dollars, which are duly specified at the time, therefore the amount of the transaction will be converted to Mexican pesos at the exchange rate prevailing on the respective transaction date. Please take into account that the amount that will appear on your credit card payment receipt may vary up to three percent due to the international fluctuation of the currency exchange rate. Orion Cabo Concierge is not responsible for such fluctuation. You acknowledge having been informed of the exchange rate fluctuation and agree with the corresponding charge.

BOATS AND YACHTS ONLY.- 50% (fifty percent) of the total reservation amount must be paid via Credit Card or Debit Card to confirm a booking. The remaining 50% (fifty percent) will be due between 30-days (thirty) and 45-days (forty-five) prior to arrival, depending on the Property. Please see rental agreement or speak with our office for more details. With written approval, Orion Cabo Concierge will make concessions. If final payment is not received 1-week after its due date, Orion Cabo Concierge reserves the right to cancel the reservation and release the dates on the calendar and all funds are forfeited and non-refundable. If Guest receives written permission from Orion Cabo Concierge to pay the balance at a later date or via Cash upon check-in, the reservation will not be cancelled. Any reservations made within the timeframe of final payment (30-45 days) must be paid in full. Guest hereby acknowledges that monies paid pursuant hereto (other than the Security Deposit) are non-refundable. 

Cancellation Policy

All activities or services may not be available at the time you book; we will make attempts to get your desired booking time; alternative times could be offered so please be flexible. Any cancellations of any activities or services will be subject to a 35% cancellation fee 72 hours prior to activity or service, any cancellations within 72 hours of service or activity will result in NO refund; credit for a future date to use within one year of the event date will be permitted for cancellations due to inclement weather or defined as Acts of God.

Refunds if issued, are issued to the original method of payment within 5-15 business days.

Any cancellation request must be informed by You in writing via e-mail to your assigned Orion Personal Concierge. For Cancellation of Reservations of the different tourist services offered by Orion Cabo Concierge, You should consult the Orion Cabo Concierge Cancellation Policy applicable to the tourist services offered below:

1.- LAND TRANSPORTATION.- Los Cabos, Todos Santos and La Paz area: Changes and cancellations are accepted with a charge of 20% of the value of the transportation service if these are made with at least 72 hours in advance. If it is canceled after 72 hours, a charge of 50% of the total cost of the service is made. In the event that the unit goes to the pick-up point, and the clients do not take the service, the total charge for the service is made.

2.- BOATS AND YACHTS.- There is a 35% Cancellation fee on any amount paid after booking a yacht charter, if the cancellation is received at least 14 days prior to your trip date. There are no refunds for trips cancelled 14 days or less before your trip. The Port Captain of Cabo San Lucas is responsible for shutting down fishing or any water activities if the conditions are deemed dangerous. If we are forced to cancel your trip, we will try and reschedule if possible. We are happy to reschedule (subject to availability), with a charge of 50% of the total value of the trip, due to sudden illness (such a food poisoning or sick stomachs) with proper Mexican medical documentation, we understand that emergencies happen. Cancellation fees are not waived without proper documentation however we require written proof from a certified Mexican medical professional or Mexican institution to reimbursed 50% of the total value of your trip. There is no responsibility for unavailable dates regarding to your rescheduling, and refunds are not valid under any circumstances. If we cancel your dates due to weather issues, mechanical failures or any other reason, we will rebook. In case of bad and/or dangerous weather, refunds are only allowed when your reservation is canceled due to a closed port announced by the Port Captain himself. However, refunds are not allowed when the weather conditions are not “perfect and sunny”. Partial refunds are not allowed when boats or yachts request to be interrupted by You and/or any of your guests. Once You have proceeded with your rental and left the marina, You will not be able to cancel, and any form of refund policy will be invalid. In this case the customer will lose his full payment. The client no longer has the right to refuse the rental, once being in the water and/or days later.

3.- TOURIST ACTIVITIES.- Cancellation policies will be divided into two items a) Individual and b) groups.

  1. a) Reservations made from one person will be considered as individual reservations and shall be subject to the following cancellation policies:
  • Any cancellation made with 7 or more calendar days before the provision of the service will be entitled to a refund of 65% of the total value of the reservation. On the 65% of reimbursement, the bank commissions that have been applied by the bank, plus those generated by the reimbursement, will be discounted. Orion Cabo Concierge will make a cancellation charge of 35% of the value of the activities and/or products. Cancellations before 72 hours must be requested in writing and request the cancellation folio directly with the Service Provider at info@orioncaboconcierge.com or by calling +52 624 171 2649.
  • Activities may be modified due to weather conditions. In case of weather complications, the reservation will be changed in date or time, no refund is applied.
  • We reserve the right to change schedules without prior notice.
  • In the event of a cancellation due to a medical issue, the corresponding charge will not be applied once the client’s medical prescription is credited.
  • No refund applies if for any reason the customer decides once being in the park not to do the activity.
  • In case the client wishes to reinstate their reservation, Orion Cabo Concierge will directly charge the client an extra charge of $50.00 dollars to reschedule activity.
  1. b) Reservations made for eight or more participants may be considered as group reservations and shall be subject to the following cancellation policies:
  • The reservation must be made at least 72 hours before the activity to confirm the transportation.
  • Any cancellation made with 7 or more calendar days before the provision of the service will be entitled to a refund of 65% of the total value of the reservation. On the 65% of reimbursement, the bank commissions that have been applied by the bank, plus those generated by the reimbursement, will be discounted. Orion Cabo Concierge will make a cancellation charge of 35% of the value of the activities and/or products.
  • All cancellations that occur less than 7 calendar days prior to the event, will be subject to 100% of the charge for the reserved products and/or services.
  • There will be no refunds in the event that a user does not show up.
  • Activities may be modified due to weather conditions.
  • We reserve the right to change schedules without prior notice.

Industrial Property

You acknowledge that the “ORION CABO CONCIERGE” brand is a registered trademark for the exclusive use of Orion Cabo Concierge. And included, but not limited to, the other brands, logos, trade names, patents, utility models and business methods, client portfolio, that appear or function on this Site, constitute Industrial Property rights that are registered or in the process of registration, are the exclusive property of Orion Cabo Concierge, its affiliates, or contracting third parties, and were provided for the use of the Site, for this reason Orion Cabo Concierge has the respective authorizations and/or license of use and therefore You cannot copy, reproduce, republish, upload, post, modify, transmit or distribute said rights or the content of this Site, without having prior written authorization from Orion Cabo Concierge, except in cases (a) in which You download to view and print the material that is contained in this Site or (b) download or print the material that is sent to Your email by Orion Cabo Concierge, in which situations, You may only and exclusively use it for Your personal use. Due to the foregoing, nothing contained in this Site, including Your rights protected by the applicable Industrial Property Law, by International Laws and Treaties, may be considered by You as a license or right to use any of the Trademarks, or other Industrial Property rights without the prior written consent of Orion Cabo Concierge, or, where appropriate, of the holders of such rights. And You are prohibited from using them in any other application that is not allowed by Orion Cabo Concierge or any other commercial use. You agree not to alter the Industrial Property of Orion Cabo Concierge in any way, nor will action be allowed in any way that may impair, denigrate or diminish the Industrial Property rights of Orion Cabo Concierge. You agree not to use Orion Cabo Concierge’s trademarks or trade names as domain names or register them as part of a domain name, or their placement as part of Internet Advertising, without Orion Cabo Concierge’s prior written consent. Orion Cabo Concierge reserves the right to monitor the quality of the use of Your Industrial Property, in addition, it will notify You immediately in writing in the event that it becomes aware of the existence of any violation of Your Industrial Property. Any inappropriate use of the content and the Industrial Property of this Site is susceptible to violation of the Laws of Industrial Property, Mexican and Foreign, of International Treaties as well as rights consigned in the Civil, Criminal and Commercial Laws. If You incur in any inappropriate use of the content and Industrial Property of this Site, Orion Cabo Concierge will have the right to require You (a) to stop using the content that Orion Cabo Concierge considers violates its Industrial Property rights. (b) to stop copying totally or partially, reproducing, republishing, uploading, publishing, transmitting, distributing or modifying the use of the content and of the Industrial Property Rights of this Site (c) may require You to establish an appropriate use of its Industrial Property rights or (d) may initiate the necessary legal procedures to defend its Industrial Property rights.

Copyright

You acknowledge but not limited to, that all texts, paragraphs, statements, specific combination of words, letters or phonetic elements, graphics, button icons, graphic design works, photographs, specific combination of colors and forms, editorial material, printed formats, search formats, digital downloads, data compilations, source codes, software, computer programs, databases, advertisements, that appear or function on this Site, constitute Copyrights found registered or in the process of registration and are the exclusive property of Orion Cabo Concierge or the provider that provides the service, with ownership of patrimonial rights, or on which there is a License of use or respective Authorization and were provided for the use of the Site, therefore You may not copy, reproduce, republish, upload, post, transmit, modify or distribute such rights nor the content of this Site, without having the prior written authorization of Orion Cabo Concierge, except in cases (a) in which You download to view and print the material that is contained in this Site or (b) download or print the material that is sent to Your email by Orion Cabo Concierge. Due to the foregoing, nothing contained in this Site, including the rights protected by Federal Copyright Law, and by International Laws and Treaties, may be considered by You as a license or right to use any of these Copyrights without the prior written consent of Orion Cabo Concierge. And You are prohibited from using them in any application that is not allowed by Orion Cabo Concierge or any other commercial use. You agree not to alter Orion Cabo Concierge’s Copyright in any way, nor will action be allowed in any way that may impair, denigrate or diminish Orion Cabo Concierge’s Copyright. You agree not to place all or part the Copyrights of Orion Cabo Concierge as advertising on the internet without prior written consent of Orion Cabo Concierge. Orion Cabo Concierge reserves the right to monitor the quality of the use of its Copyrights, in addition, it will notify You immediately in writing in the event it becomes aware of the existence of any violation of its Copyright. Any inappropriate use of the content and the Copyright of this Site is susceptible to violation of the Federal Laws of Copyright, Mexican and Foreign, of International Treaties as well as rights consigned in the Civil, Criminal and Commercial Laws. If You incur in any inappropriate use of the content and Copyright of this Site, Orion Cabo Concierge will have the right to require You (a) to stop using the content and Copyright of the Site, (b) to stop copying in whole or in part, reproduce, republish, upload, post, transmit, distribute or modify the use of the content and the Copyright of this Site (c) may require You to establish an appropriate use of the Copyright or (d) may initiate the legal procedures necessary to defend Your Copyright.

Privacy and Security

You acknowledge that you have read Orion Cabo Concierge’s PRIVACY AND SECURITY POLICY, the terms incorporated therein, and agree that the terms of such policy are reasonable. You consent to your personal information being used by Orion Cabo Concierge and/or its suppliers and third party distributors in accordance with the terms of the Orion Cabo Concierge Privacy Policy and for the purposes set out therein.

Review of Transmissions

Orion Cabo Concierge may monitor and review any information that is transmitted or received through this site and reserves the right to censor, edit, suppress or prohibit the transmission or receipt of any information that Orion Cabo Concierge deems inappropriate or violates these terms and conditions. During the time it takes of the monitoring, the information may be examined, recorded or copied and by using this site You indicate that You accept such monitoring and review. You further agree that if You make suggestions, present ideas, comments or ask questions, or post any other information on this site, You guarantee Orion Cabo Concierge, the non-exclusive, royalty-free, perpetual, irrevocable and with full sublicense right to use, reproduce, modify, adapt, publish, translate, create derivative works, distribute and display such content in any form, medium or technology. Orion Cabo Concierge is not responsible nor will it have any responsibility for any content that is located or presented by You.

Limitation of Liability

Orion Cabo Concierge will not be responsible, nor does it assume any responsibility for any damage or virus that may infect Your computer or any other property of You due to the access, use or navigation You make of this Site, or for the download of any material, data, text, image, video or audio from the site. In no case will Orion Cabo Concierge be responsible for any injury, damage, detriment, loss, claim or any special damage, punitive, indirect, incidental negligent, or unlawful damage, resulting from, (i) any use of this site or the content that here is found, (ii) any failure or delay, or (iii) the operation or non-operation of the provider, including, but not limited to, non-operation resulting from bankruptcy, reorganization, failure, insolvency procedures, insolvency declaration, dissolution or liquidation, strike, work stoppage, suspension of activities by decision of the providers’ workers, or by any other similar, since You understand that Orion Cabo Concierge is only an intermediary in the provision of the tourist services offered on the site and You understand that in most cases You cannot control the destination of the payments that You have made and even more if they were already used, where appropriate, by the providers.

Liability

You must be liable for the damages to Orion Cabo Concierge, resulting from any misuse or improper use of the Site, or on any fraudulent operation or for purposes contrary to the services provided on the site or those that go contrary to current and applicable laws and regulations.

Social Media Links

This Site contains links to various social media, among others, the Facebook, Instagram and Orion Cabo Concierge Whatsapp, accounts managed by Orion Cabo Concierge; You acknowledge that these pages are exclusively for the informational use and social dissemination of Orion Cabo Concierge, and Orion Cabo Concierge will not be responsible for the content, information, third parties publication, comments, photographs, videos, content of hashtags, or any other material outside the scope of the direct administration of Orion Cabo Concierge may violate the rights of industrial property or copyright. You are responsible for the use that You may give to said sites, and You release Orion Cabo Concierge from any responsibility for any incorrect or malicious use that may be made of them, or for publications, information, comments, and diverse material that may result offensive, insidious, erroneous, pornographic or that could incite violence, rebellion, strike, or any activity not permitted by law and good customs.

True Information

You acknowledge and accept your full obligation and responsibility to provide true and correct information about the ages, sex, names or surnames of both You and the other users-tourists who accompany You or who commission You to make use of this Site, as well as the data and complete information for the formation of the itinerary and the reservation of tourist general services, releasing Orion Cabo Concierge from any responsibility for itinerary changes generated by incorrectly provided data, or for any error in the data provided by You, as may be the case of ages, sex, names, surnames, dates, forms of payment, routes, schedules, classes, categories, special conditions, etc., adhering where appropriate to the cancellation clauses expressed in these Terms and Conditions.

Respect for the Regulations and Conditions of the Services

You agree to adhere to and respect the regulations and conditions of service established by each of the Providers and direct service providers contracted by You through the intermediation of Orion Cabo Concierge, therefore Orion Cabo Concierge must inform You of the most important ones, however the Provider may inform You of new or additional conditions of service for which Orion Cabo Concierge has no responsibility and consequently declines any responsibility that may derive from non-compliance.

Advance or Liquidation of the Amount

Both parties agree that the payment of advances or liquidation of the amount of the services object of these Terms and Conditions by You, as well as the use of coupons, tickets, courtesies, or any other document issued in Your favor, implies on Your part the full acceptance of these Terms and Conditions.

Additional Agreements with Providers

Orion Cabo Concierge is relieved of any responsibility derived from additional agreements and outside the intermediation with Orion Cabo Concierge that have been entered into between You and other direct Providers of the services.

Services by or for Third Parties

In the event that You contract the services of Orion Cabo Concierge through the Site, on behalf of a different travel agency or any third party, or You contract them in favor of third parties, You agree that all such parties shall invariably be subject to these Terms and Conditions. In the event that You contract the services of Orion Cabo Concierge on behalf of a different travel agency, or any third party, acting as intermediaries, Orion Cabo Concierge disclaims any responsibility or problem generated by the breach of the intermediary or travel agency and in the same sense due to wrong data provision by the intermediary or travel agency for the reservation of tourist services, or due to the negligence that said intermediary could incur when omitting information to the user-tourist or You about the contracting procedures, payment and cancellation of the services that are acquired.

Disclaimer

Orion Cabo Concierge as a Concierge Agency, provides services as an intermediary booking agent between You and the Provider or direct Providers of the tourist services promoted on this Site. Orion Cabo Concierge establishes commercial negotiations within its own quality and service standards, such as, but not limited to: lodging in Villas, land transportation, boats and yachts and other related tourist activities such as tours and excursions, choosing only the most qualified providers and the most prestigious in the market. However, since the legal nature of Orion Cabo Concierge is to act solely and exclusively as INTERMEDIARY and not as a direct provider of tourist services, Orion Cabo Concierge does not assume nor will it assume any responsibility generated from any relationship before You and the Final Providers of Services and at the same time, You release Orion Cabo Concierge from any responsibility for any failure or lack of compliance made by the Provider or direct Providers of the tourist services, including without limitation any failure or compliance by the villas, temporary lodging providers, shipping companies and all kinds of boats, water sports providers, car rental agencies, transportation agencies, tour operators, dive instructors, snorkel instructors, golf instructors, swim with dolphins instructors, fishing instructors, providers of adventure sports and extreme sports, water parks, parks ecological, and in general on any failure or lack of compliance by all those tourist services that are provided directly by one or more Providers and not directly by Orion Cabo Concierge; However, Orion Cabo Concierge may, at its free discretion, provide You with the contact information and/or address of the provider in order for You to exercise the respective claim or claim method that You consider necessary. Orion Cabo Concierge as INTERMEDIARY booking agent, does not offer, nor will offer any guarantee on the services provided directly by the Providers, nor does guarantees their financial position or any reimbursement to You caused by any loss experienced as a result of the financial condition of said Provider, including without limitation, the economic insolvency, or Bankruptcy in which said Supplier is declared. In the event that the Provider fails to comply with any of its services, for which the payment has already been made by You, the sole recourse for reimbursement must be processed directly before the Provider that failed to provide its services, or may request the insurance coverage if applicable or before any other third party, unless the previous failure is caused directly by Orion Cabo Concierge. Orion Cabo Concierge, does not assume responsibility to You and You release Orion Cabo Concierge from any responsibility for acts, omissions or any type of complaint or dissatisfaction derived from the services provided by the direct service providers on the Site announced, by virtue of the fact that Orion Cabo Concierge has no control or legal relationship over its personnel, equipment, operation, advertising or property. In those situations, in which the Provider fails to provide its services, You may attempt any recourse permitted by applicable laws against the Provider. Orion Cabo Concierge guarantees that it has high standards and experience of service and will take special care in the selection of Providers to avoid failure at all times.

Likewise, Orion Cabo Concierge will not be responsible and You release Orion Cabo Concierge from all liability with respect to:

  • The veracity of the photographs displayed on its Site since they are only representative and do not guarantee that upon Your arrival, everything will be exactly the same as it is appreciated in them and on the Site described; since they are provided by the direct providers of the service, therefore, their veracity is the sole and exclusive responsibility of the providers and any claim about alleged misleading advertising You acknowledge that You must make it directly to the providers since Orion Cabo Concierge is not responsible of these images with full knowledge of You from the moment You hire Your tourist service.
  • Any type of failure by You to obtain the required documentation for your trip such as, but not limited to, passports, visas, vaccinations, permissions, certificates etc.
  • Due to lack of financial conditions by the Provider to provide the service, in the event that the provider of the final service declares failure or bankruptcy and/or insolvency declaration commercial bankruptcy on strike, temporary or definitive suspension of activities in accordance with Mexican law or from the countries where the service provider is located and that for those reasons or any other similar one has to stop providing the service, You agree that You will have to request a refund of the amount paid directly to the provider, since the final service provider is the one who has the amount paid by You.
  • Regarding the terms and conditions and/or policies of direct service Providers. Orion Cabo Concierge will not assume any responsibility and You release Orion Cabo Concierge from all responsibility, as well as from any claim, cost, expense or loss that You may suffer including any personal injury or injury to third parties, accidents or death, damage to personal belongings, loss of fun, anger, disappointment, anguish or frustration, whether mental or physical, as long as they be the result of:
  1. Any failure or fault by the Direct Provider in providing the service.
  2. Any failure or fault on your part at the time of enjoying the contracted services.
  3. Any failure or failure of You to observe or comply with the terms and conditions, policies, instructions, recommendations, security measures, etc., of the final service Providers.
  • Cases of force majeure or fortuitous cases such as: strikes, delays, earthquakes, armed conflicts, hurricanes, snowfalls, and in general any other legal or natural event that is unpredictable and that is not attributable to Orion Cabo Concierge.
  • Acts or omissions of anyone other than Orion Cabo Concierge.
  • Illness, theft, labor disputes, mechanical failures, quarantine, government actions, weather, or any other cause beyond the direct control of Orion Cabo Concierge.
  • Misunderstandings on the part of You regarding the terms and conditions in which the service will be provided, since You understand that the only ones that will govern are those present here and not any other that You believe You have received verbally or by telephone by any person, since those that will govern will always be those that You received in writing and these shall be in force at the time of making Your reservation.
  • At the insistence of You to carry out any type of tourist activity, take a tour, excursion, take any type of land, maritime and other transportation, under precarious health conditions or that are not optimal for the development of such activities, as well as the development by You of any type of extreme sports or activities that may involve some danger and that were carried out under your full knowledge, or when You suffer from any type of disease, medical condition, disability, any type of allergy, are under medication or medical prescription, indications of rest and/or all those medical conditions that were omitted at their own risk and that could result in a deterioration to your health at the time of carrying out said activities under awareness of cause, under such occasions they will always be considered to have been carried out at your own risk, releasing Orion Cabo Concierge from any complaint, demand, complaint, nonconformity, reward, indemnification, compensation, claim for direct, indirect, punitive damages, courtesy, etc., derived from any incident caused during the development of any service or activity and any future event derived from the initial incident for any of these causes.
  • Any other event that is not under the direct control of Orion Cabo Concierge. Any claim or notification in writing against Orion Cabo Concierge must be received no later than two (2) days after the termination of the contracted tourist service; Orion Cabo Concierge reserves the right to reject or carry out a commercial operation with any User/Tourist at any time; You will be responsible for verifying that the final Provider has special services such as access, amenities and services for people with disabilities, physical or of any other type, which it is suggested that You do so prior to making Your reservation. You will be responsible for reading and to be bound by the terms and conditions and/or policies of the final Service Providers.

A full refund is not to be applicable in situations in which the service has to be canceled, interrupted and/or postponed by Orion Cabo Concierge for reasons beyond its control (force majeure, such as, but not limited to, weather, hurricane, earthquakes, acts of terrorism, strikes, application for failure or commercial bankruptcy, suspension of activities, etc.) and in which the contractual obligations of Orion Cabo Concierge with its suppliers do not allow it to obtain the refund of the amount paid or to be paid to the Provider on behalf of the client. In any case, at the discretion of Orion Cabo Concierge, 35% of the total amount paid for the reservation may be retained as an administrative expense. Despite the close communication established by Orion Cabo Concierge with the Providers advertised here, there is the possibility that the validity of some prices has expired or comes from information erroneously or inaccurately provided by said Providers with which our database is fed. Notwithstanding this, Orion Cabo Concierge takes the precaution of verifying the rates that apply with each reservation. In the event that the correct price is less than the amount quoted, Orion Cabo Concierge will apply the lower amount. In the event that the correct price is higher than the amount quoted, Your assigned Orion Cabo Concierge will contact You in a timely manner, informing You of the correct amount or registering the cancellation of the reservation at Your request for not agreeing with the increase in price, expressly disregarding Orion Cabo Concierge and its Providers from any liability or compensation payment for inconveniences caused by said cancellation. In the event that the contracted services cannot be provided partially or totally by the Provider, Orion Cabo Concierge will only be able on certain occasions to manage the reimbursement of the appropriate amount on Your behalf, being Orion Cabo Concierge relieved of any responsibility or major commitment in cases in which the refund for the total or remaining amount is not reimbursed by the Provider.

In cases that due to any error or manipulation made by You to the Orion Cabo Concierge system, an illogically amount less than the commercial value of the service offered is obtained, unless it is expressly offered as an extraordinary offer or as a promotion for being a frequent customer.

Termination

Orion Cabo Concierge may terminate these Terms and Conditions and/or any of its services at any time without the need to advice or notify such termination, for any cause or reason, including for any inappropriate use of this site or its non fulfilment of these Terms and Conditions. However, such termination will not affect any right or obligation contracted by Orion Cabo Concierge with You once a reservation has been confirmed.

Assignment

You may not assign, subcontract, or delegate Your rights, obligations or duties contracted here.

Severability

These Terms and Conditions will continue to be divisible. In case that any term or condition is considered prohibited or unenforceable, such provision will nevertheless be mandatory and such determination will not affect the validity and enforcement of any other remaining provision.

Titles

The titles used in the Terms and Conditions are only used for Your convenience and will not limit or affect the content of the Terms and Conditions established herein.

Total Agreement

These Terms and Conditions, which are included here, or to which reference is made, constitute the total and complete agreement between the parties regarding the object established herein, and supersede any previous agreement or contract entered between the parties (whether oral or written) that is related to the same object, and will not be amended or modified except in writing or by making such amendments or modifications available on this site.

Applicable Legislation

These Terms and Conditions shall be governed by the laws of the State of Baja California Sur. You declare that You know the scope of these Terms and Conditions, submitting in the case of non-compliance or interpretation to the jurisdiction of the “Procuraduría Federal del Consumidor” (Federal Consumer Protection Office), administratively, as a conciliatory instance, to resolve the differences that may arise and in case If they subsist, You agree to submit to the jurisdiction of the Laws and Courts of Baja California Sur, Mexico, under its exclusive jurisdiction, renouncing at the same time to any other jurisdiction than by reason of Your present or future addresses or due to the location of Your assets or your nationality may correspond. To the extent permitted by applicable law, no complaint, claim or cause of action that is related to your access to or use of this Site must be submitted after the expiration of one (1) year following the date on which such complaint, claim or action has been filed or the purchase has been completed.

Last update July 27, 2023.