Last update: September 2024

Entrada en vigor: septiembre 2024.

“Indômito 360”, S.A.P.I. de C.V. (hereinafter referred to as “INDOMITO”) is a company fully constituted with Mexican national capital, with its main offices located at Calle Francisco I. Madero and Derecho de Vía de la Carretera La Paz-Pichilingue, Colonia Colina del Sol, La Paz, Baja California Sur. We are a company dedicated to providing tourism services, such as expeditions and outdoor experiences in the state of Baja California Sur, Mexico.

Therefore, by hiring and enjoying INDOMITO’s services, you agree to comply with and be bound by the following Terms and Conditions: 

Use of the Service

Each customer who hires INDOMITO's services, either by making a deposit and/or paying the full amount for the hired service, declares under oath that they appear by their own and personal right and/or through their legal representative; furthermore, they declare that they possess the legal capacity and sufficient personal and economic means to comply with these Terms and Conditions, as it is in their interest to successfully acquire INDOMITO’s services.

It is the responsibility of each customer to provide, at the time of booking any of the tours, the personal data of the final user(s) of the reserved tour so that INDOMITO’s staff can verify their identity when the service is provided, as well as the payment proof for the reservation and/or the full service requested.

Additionally, during the course of the service provision, the customer must comply with the health and safety instructions and recommendations provided by the assigned guide. The customer must also inform the guide about any special needs and/or allergies they may have to ensure the service is provided to their complete satisfaction and in full compliance with the Tourism Law of the State of Baja California Sur and other applicable regulations.

Intellectual Property

Both the customer and the final user acknowledge that the trademarks, trade names, emblems, expressions, and signs of advertising used by INDOMITO as part of the tourism services are the sole and exclusive property of INDOMITO. By accepting these Terms and Conditions, the customer fully acknowledges that INDOMITO does not grant, either expressly or implicitly, any kind of license to use its trademarks, commercialize, donate, transfer, lend, or otherwise assign ownership of these.

Privacy Policy

INDOMITO is responsible for the use and protection of personal data provided by the customer and/or the final user, which will be treated with the utmost skill and confidentiality. They will be used for the following purposes, which include but are not limited to:

• Entablar comunicación directa con el cliente para la oferta y promoción de los servicios ofertados por INDOMITO, así como para el desarrollo integro de estos.
• Formalización y contratación de los servicios solicitados y adoptados con el cliente.
• Proveer información actualizada y continua sobre las actividades realizadas por INDOMITO, como parte de los servicios prestados y demás servicios que se ofertan.
• Cualquier finalidad análoga, compatible y/o accesoria con las anteriores.

Additionally, INDOMITO may use the customer’s and/or the final user’s information and personal data for the following purposes, which allow and facilitate better service:

• Keeping an updated record of customers, suppliers, and final users derived from the services provided or quoted by INDOMITO.
• Informing customers (potential and current) about various news, communications, or business opportunities related to INDOMITO.
• Using images in advertising and/or corporate support media, marketing campaigns, videos, photographs, and publications in any other communication medium.
• Sending invitations to participate in new tours to promote the development of the tourism sector in Baja California Sur, Mexico.
• Preparing internal reports for monitoring service performance indexes, as well as for market segmentation, statistics, records, and information analysis.
• Conducting quality assessments of INDOMITO’s services to provide a better experience to the customer and/or the final user.
• Sending notifications regarding updates to this Privacy Notice in a simplified format for image and voice authorization.

INDOMITO también puede compartir la información en los siguientes casos:

• When requested or reasonably required by a government authority or law enforcement official.
• When required by law or in response to a legal process.
• When reasonably necessary to conduct a legal investigation.
• Se informa que no se realizarán transferencias de datos personales, salvo aquéllas que sean necesarias para atender requerimientos de información de una autoridad competente, que estén debidamente fundados y motivados.

En caso de que no desee que sus datos personales sean tratados para los fines adicionales señalados en el presente Aviso, desde este momento usted podrá manifestar su negativa, mediante la firma del Formato de Manifestación Negativa para el uso de imagen, voz y datos personales, la cual podrá solicitar al contacto administracion@indomito360.com, a fin de realizar las gestiones necesarias anterior a la prestación de los servicios por parte de INDOMITO. La negativa para el uso de sus datos personales para estas finalidades no podrá ser motivo de negación de nuestros servicios al cliente.

AUTORIZACIÓN DE USO DE IMAGEN, VOZ Y DATOS PERSONALES

El cliente y/o el usuario final autorizan a INDOMITO, de manera gratuita y al momento de aceptar los presentes Términos y Condiciones, para que utilice su imagen, voz y/o datos personales en videograbación(es), audio(s), imagen(es) y/o cualquier otro material que resulte de su participación en cualquiera de los tours, expediciones y/o servicios contratados; lo anterior a fin de que pudiesen ser utilizados y reproducidos total o parcialmente a través de cualquier medio de difusión, tales como: televisión, redes sociales y/o cualquier otro medio tecnológico de comunicación, con fines educativos, publicitarios, de divulgación y/o de cualquier actividad y objeto relacionado con las actividades que realiza INDOMITO.

The customer further authorizes their image and voice to be used for as long as deemed appropriate by INDOMITO, in full compliance with these Terms and Conditions and the Privacy Policy. This authorization may be restricted by written request to the Operations Management, following the procedure for Access, Rectification, Cancellation, and Opposition Rights (ARCO Rights) and/or Revocation of Consent as specified in the Privacy Notice.

This authorization is based on articles 8, 14, 15, 16, 22, 25, 26, and 36 of the Federal Law on Protection of Personal Data Held by Private Parties (RLFPDPPP, its Spanish acronym); as well as articles 5, 6, 9 to 16, 19, 24, 26, and 29, 30 of the Regulations of the Federal Law on Protection of Personal Data Held by Private Parties (LFAD, by its Spanish acronym), and articles 87, 150, and 151 of the Federal Copyright Law (LFAD), among others applicable under current legislation.

Payment Terms

RESERVATIONS AND ADVANCE PAYMENT

To confirm a reservation, the customer must make a 50% (fifty percent) deposit of the total service amount within 2 business days of receiving the quote and confirmation of availability for the tour.

FULL PAYMENT

After making the advance payment, the customer must settle the remaining 50% (fifty percent) at least 60 (sixty) calendar days before the tour departure date. If the customer makes a reservation within 60 (sixty) days before the service date (tour departure), they must pay the total amount at the time of booking.

All offered prices include local taxes in accordance with the current Mexican tax legislation; any additional charges will be communicated to the customer in advance.

INDOMITO recommends all customers keep their payment receipts as proof in case of any eventuality.

Modification and/or Cancellation of the Service

The following guidelines apply to all cancellations and/or refunds for reservations made with INDOMITO:

• 100% Refunds: If the customer cancels the reservation at least 2 (two) months in advance of the tour departure date, INDOMITO will refund 100% (one hundred percent) of the amount paid, minus an administrative fee of $100.00 USD (one hundred dollars) per user. To qualify, the customer must notify the cancellation in writing to administracion@indomito360.com.
• 50% Refunds: If the customer cancels the reservation 1 (one) month in advance of the tour departure date, INDOMITO will refund 50% (fifty percent) of the amount paid. To qualify, the customer must notify the cancellation in writing to administracion@indomito360.com.
• No Refunds: No refunds will be made for cancellations made within one month of the tour departure date.
• In the unlikely event that INDOMITO cancels a tour due to lack of participants or force majeure, the customer and/or the final users will be notified one month before the scheduled tour date. In this case, INDOMITO will provide a full refund of the amount paid.

INDOMITO is not responsible for expenses incurred in trip preparation, such as non-refundable airfare, personal equipment purchases, or other related costs.

• Port Closure: We understand that the weather can be unpredictable, and our travelers’ safety is our priority. If the La Paz Port Authority decides to close the port due to adverse weather conditions before or during your experience, we will adjust the itinerary to ensure your well-being, whether by advancing or delaying the trip’s start or end. INDOMITO will cover one additional night of accommodation and corresponding meals to ensure your comfort. If it becomes necessary to extend the stay beyond one night due to the same cause, we will unfortunately be unable to cover these additional costs, although we will be happy to assist with logistics.

SPECIAL TERMS FOR PRIVATE GROUPS

Private group trips may be subject to different terms and conditions. It is recommended to consult directly with our team for specific information regarding applicable cancellation and refund policies for such cases.

TRAVEL INSURANCE RECOMMENDATION

INDOMITO strongly recommends that all customers purchase travel insurance to protect their investment and cover potential cancellations due to unforeseen circumstances. Adequate insurance can provide peace of mind in case of changes in plans.

Risks Associated with INDOMITO’s Services

By participating in the tours, expeditions, and/or services hired by the customer and/or enjoyed by the final user, INDOMITO informs you of the following risks associated with these activities and advises you to take the recommended precautions:

• Hypothermia: Continuous exposure to weather and ocean conditions can cause hypothermia.
  • Recommendations: follow the instructions provided by the assigned guide, wear appropriate clothing for the hired activity.
• ● Heat Stroke: Continuous sun exposure and dehydration.
  • Recommendations: follow the instructions provided by the assigned guide, drink enough liquids, such as potable water, during and after the activities; and use sunscreen at all times.
• Injuries, abrasions, stings, and/or bites: Risk identified during tours, expeditions, and outdoor activities in the Baja California Sur region due to interactions with local flora and fauna.
  • Recommendations: wear suitable and durable footwear for land and water, stay alert, and follow the guide’s instructions.
• Dizziness: The customer and/or final user may experience dizziness as part of participating in activities such as kayaking or excursions on uneven terrain.
  • Recommendations: follow the assigned guide’s instructions, maintain good hydration, and, if already experiencing dizziness, inform the guide to allow for a rest period.

INDOMITO recommends that you review the specific risks of each activity, tour, and/or excursion offered; these can be found in the particular brochures shared initially by the contacted sales agent.

By participating in our activities, you accept responsibility for your well-being and for following the recommendations provided by the assigned guide.

SARS-COV2

The customer and/or final user acknowledges and understands the symptoms, transmission modes, and risks related to SARS-COV2. Therefore, they are aware of the risks associated with potential contagion during interactions resulting from services contracted with INDOMITO. As such, they release INDOMITO and its shareholders, directors, agents, guides, and entire staff from all legal, jurisdictional, or medical liability that may arise. Additionally, they establish and accept that no claims, legal actions, or payment demands may be made that are derived from or intrinsically related to their participation in activities associated with the services contracted with INDOMITO, including actions and/or omissions by INDOMITO staff.

Applicable Legislation and Jurisdiction

These Terms and Conditions shared by INDOMITO, as well as the activities carried out in line with its corporate purpose, business philosophy, mission, and vision, are in full compliance with the General Tourism Law, the Tourism Law of the State of Baja California Sur, the Regulations of the Tourism Law of Baja California Sur, NOM-09-TUR-2002, NOM-12-TUR-2002, and NOM-30-TUR-2006.

Contact Information for Service Inquiries and/or Terms and Conditions Notice Clarifications

• Phone/WhatsApp: +52 612 141 6253
• Email: administracion@indomito360.com

ACCEPTANCE OF THE TERMS AND CONDITIONS OF SERVICE OF INDÔMITO 360, S.A.P.I. DE C.V.

The customer and/or final user fully accepts these Terms and Conditions, which were shared prior to hiring INDOMITO’s services. Therefore, the customer agrees to comply with the guidelines set forth herein when hiring INDOMITO.

Sincerely,

Diego Cervantes
Co-General Manager