Terms of Service
Last updated: August 24, 2025
Welcome to Take the Wheel Baja (“Company,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of our website, products, and services related to our private off-road tour experiences in Los Cabos, Baja California Sur, Mexico (the “Services”). By booking, paying for, or participating in any Service, you agree to these Terms.
1) About Our Services (Los Cabos Off-Road Tours)
We provide premium, private off-road tour experiences in Los Cabos using high-performance side-by-side vehicles guided by experienced professionals. Specific inclusions, durations, meeting points, and optional add-ons may vary by tour and will be listed on the booking page or your confirmation email (“Tour Details”).
Note on driving vs. riding: Most experiences are guided with a professional driver and guest passengers. Self-driving is only offered if explicitly stated in your Tour Details and subject to additional eligibility, briefing, and on-site approval requirements.
2) Eligibility & Participant Requirements
- Age: Participants must be 18+ to book. Minors may ride as passengers only with a parent/guardian present and listed on the waiver.
- Physical readiness: Off-road travel can be bumpy and may not be suitable for people with back/neck/joint issues, recent surgery, pregnancy, or certain medical conditions. You are responsible for assessing your fitness to participate; consult your physician if unsure.
- Safety gear & briefing: All guests must follow safety briefings, wear seatbelts/helmets (if provided or required), and follow guide instructions at all times.
- Alcohol & substances: No alcohol or impairing substances before or during the tour. We reserve the right to refuse service if impairment is suspected, without refund.
3) Bookings, Deposits & Payments
- Deposits: Unless otherwise noted in your Tour Details, a deposit is required to confirm your booking.
- Balance due: The remaining balance (if any) is due as indicated during checkout or in your confirmation.
- Currency & fees: Prices may be quoted in USD or MXN. Your bank or card provider may charge conversion or international fees.
- Accuracy: You must provide accurate contact information and review all Tour Details before payment.
4) Cancellations, Changes & Refunds (Cabo UTV Tour Cancellation Policy)
- Your cancellation: If you cancel within the timeframe specified in your Tour Details, you may be eligible for a refund (less any non-refundable fees, as disclosed during booking). Standard policy (unless otherwise stated) is:
- Cancel more than 14 days before your tour: full refund of deposit.
- Cancel 14 days or fewer before your tour or no-show: deposit is non-refundable.
- Rescheduling: We’ll do our best to reschedule subject to availability. Different rates or change fees may apply.
- Operator cancellation: For safety, weather, governmental closures, mechanical issues, or insufficient conditions, we may modify, delay, or cancel any tour. If we cancel before the tour begins, you’ll receive a full refund of amounts paid to us for that tour (no liability for travel or other third-party costs).
5) Weather, Terrain & Itinerary Flexibility (Baja Desert & Coastal Conditions)
Routes and conditions vary due to weather, tide, terrain, and seasonal changes. We may alter itineraries, timing, stops, or routes for safety, environmental, or logistical reasons. Off-road conditions can be rough, dusty, noisy, and exposed to sun/heat; proper clothing, hydration, and sun protection are recommended.
6) Assumption of Risk & Release
Off-road activities carry inherent risks including vehicle movement, terrain hazards, dust/debris, weather, wildlife, and the actions of participants. By joining our tours, you knowingly assume these risks. As a condition of participation, all adult participants (and the parent/guardian of any minor participant) must sign a liability waiver and release of claims at check-in. Refusal to sign will result in denial of service without refund.
7) Vehicle Care, Damages & Security Deposits
- Care: Follow guide instructions and avoid reckless behavior. You are responsible for any damage you cause to company property, vehicles, or third-party property due to negligence or breach of these Terms.
- Security deposit: If a security deposit is required for a specific tour, this will be disclosed in your Tour Details or at check-in and may be held or charged to a card on file.
8) Third-Party Services (e.g., Dining, Diving, Transfers)
Some experiences may include or recommend third-party components (e.g., restaurants, diving/snorkeling providers, transportation). These are operated independently; we are not responsible for their acts/omissions. Third-party terms may apply and you should review them directly with those providers.
9) Guest Conduct & Environmental Respect
- Respect for guides, communities, and wildlife: Follow Leave No Trace principles, stay on approved routes, and comply with all local regulations and protected-area rules.
- No littering or harassment of wildlife: Violations may result in removal from the tour without refund.
10) Content, Media & Intellectual Property
- Website content: All text, photos, video, trademarks, and logos on our website are owned by us or our licensors and protected by applicable IP laws. You may not copy or use these materials except for personal, non-commercial use related to planning a tour.
- Photos & video captured on tour: We may capture content for safety or marketing. If you prefer not to appear in marketing media, please tell your guide at check-in and email us after the tour; we’ll honor reasonable requests to remove identifiable images where feasible.
11) Privacy
Your use of the website and Services is also governed by our Privacy Policy (see footer or site navigation). We may send transactional communications related to your booking and occasional service updates. You can opt out of non-transactional marketing emails at any time.
12) Disclaimers & Limitation of Liability
- No guarantees: We do our best to deliver the itinerary as described, but timing, wildlife sightings, and conditions vary.
- Limitation: To the maximum extent permitted by law, our total liability for claims arising out of or relating to the Services will not exceed the amounts you paid to us for the specific tour giving rise to the claim.
- No indirect damages: We are not liable for indirect, incidental, consequential, special, exemplary, or punitive damages (including lost travel costs) except where prohibited by law.
13) Indemnification
You agree to defend, indemnify, and hold harmless the Company, its owners, guides, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of your breach of these Terms, your negligence, or your willful misconduct.
14) Changes to Tours, Terms & Pricing
We may update routes, inclusions, pricing, or these Terms from time to time. The version posted at the time you book applies to that booking. Material changes after booking will be communicated to you directly, if they affect your tour.
15) Governing Law & Dispute Resolution
These Terms are governed by the laws of Mexico. Any dispute will be brought exclusively in the competent courts of Baja California Sur, Mexico, unless mandatory law provides otherwise.
16) Contact Us
Questions about these Terms or your booking?
- Email: info@takethewheelbaja.com
- Phone/WhatsApp: +52-615-110-3214
- Location: San José del Cabo, Baja California Sur, Mexico
17) Severability & Entire Agreement
If any part of these Terms is found invalid or unenforceable, the remaining provisions remain in full force. These Terms, together with your Tour Details and any signed waiver, constitute the entire agreement between you and the Company regarding the Services and supersede prior representations.
Note: Participation is conditional on signing our on-site liability waiver and following guide instructions. If you have any questions before booking, please contact us.
