Terms & Conditions
Terms and Conditions
Please read these terms and conditions thoroughly and carefully before booking a trip with us as you will be bound by them.
1. CONTRACT with Artelexia, INC. DBA Eat.Drink.Cook.Mexico.
Anyone wanting to make a booking must complete our registration form and sign the Terms and Conditions and Liability Release and Assumption of Risks agreements. All bookings are made with Artelexia, INC. DBA Eat.Drink.Cook.Mexico. which sells the travel services described in its brochure and website. As a U.S.-based travel company, we organize, promote and sell tour programs consisting of certain travel services that we purchase or reserve from various suppliers on our clients' behalf.
The person(s) included on the registration form are referred to as the "client" below. All clients will be bound by this agreement. The terms and conditions set forth below constitute the entire understanding and agreement between you the trip "Participant" and Artelexia, INC. DBA Eat.Drink.Cook.Mexico., its owners, employees, affiliated entities, agents, representatives, officers, directors, associates, successors and assigns (collectively, "Eat.Drink.Cook.Mexico," "we," "our," or "us") with respect to any and all bookings or transactions made with Eat.Drink.Cook.Mexico. No person has any authority on Eat.Drink.Cook.Mexico.'s behalf to vary this agreement. The services to be provided are the travel services referred to in Eat.Drink.Cook.Mexico.'s brochure, website and discussed by you with its agents.
By submitting a signed reservation form, you acknowledge that you agree and accept all terms and conditions in this agreement and direct us to perform services on your behalf.
2. PAYMENT and ACCEPTANCE of BOOKING
To make a booking, you must complete and sign our registration form and submit it to us along with a non-refundable deposit. If a booking is made after the specific due date for the particular tour in which you are interested, then the full trip amount is due at the time of booking. Acceptance of your booking must be confirmed in writing by us. There is no contract for services between you and Eat.Drink.Cook.Mexico. without such written confirmation. The balance of the travel services is due according to the client's invoice, which will be 70 days before the departure date. Payment may be made in the form of check, money order, bank transfer or credit card. If this balance is not paid by the specified due date, Eat.Drink.Cook.Mexico. reserves the right to treat the client's booking as cancelled by the client and impose the cancellation fees below.
3. CANCELLATIONS and REFUNDS
If you wish to cancel your travel services, you must submit your request to us in writing by email or postal mail. The date that Eat.Drink.Cook.Mexico. receives the written cancellation determines the cancellation charge applicable.
Cancellation Fees for Land-Based Tours Per Person/Per Trip
- 70 Days or more prior to departure - FEE: $300 deposit
- 30-69 Days prior to departure - FEE: 50% of total tour cost
- 0-29 Days prior to departure - FEE: 100% of total tour cost
THERE ARE NO EXCEPTIONS to this cancellation policy, including for reasons related to weather, terrorism, civil strife, personal, family or medical emergencies or any other circumstances beyond our control. For this reason, we strongly advise you to purchase trip cancellation and interruption insurance at the time of booking, as this will cover trip cancellation charges in certain circumstances.
In addition, no partial refunds are possible for unused services including hotel rooms or land transport, cooking classes, dinners or other sightseeing excursions. If you have to be removed from a trip for any reason, you will not be entitled to any refund. We will not reimburse clients for any personal expenses such as airline tickets, other travel or hotel expenses due to changes in itineraries or tour cancellations. Further, we will not provide any refund for any delay, change, cancellation, overbooking, or strike by our independent suppliers who provide various goods and services connected with your tour, including lodging, meals, transportation, sightseeing, and activities.
4. CANCELLATION by Eat.Drink.Cook.Mexico.
Eat.Drink.Cook.Mexico. reserves the right to cancel a tour for any reason. We will not cancel a tour less than 8 weeks before departure except in the case of Force Majeure, consolidation of tours, or the client's failure to pay the final balance. If a tour is cancelled due to consolidation or Force Majeure you may choose a) a full refund of all payments made less any nonrefundable deposits and cancellation fees; or b) an alternative tour offered by Eat.Drink.Cook.Mexico. If the alternative tour chosen by you is of lesser or greater value than the tour originally booked then you will be entitled to a refund of the price difference or be required to pay the price difference, however the case may be. Consolidation refers to the fact that each tour is dependent upon a minimum number of persons participating. If a tour is not booked by the minimum number of persons, we may consolidate the tour with another one of our trips.
5. SINGLE SUPPLEMENT
Trip prices are based on double or shared occupancy in hotels. Single accommodations can often be arranged for an extra cost but may be limited on some trips according to the availability. If you are traveling alone and wish to share with another traveler, the first willing-to-share, same gender roommate will be assigned. Should no one be available at the time you register, the Single Supplement is payable and you will be invoiced accordingly. If a roommate is found prior to departure, this fee will be refunded.
6. MEDICAL FITNESS and AGE
Good physical and mental health is essential for the enjoyment of these trips. By forwarding the deposit, you certify that you do not have any physical or other conditions that would create a hazard for yourself or other travelers or affect other people's enjoyment of the tour. Eat.Drink.Cook.Mexico., or the local operator or guide, shall make the ultimate determination of an individual trip participant's fitness to embark upon, or to continue a trip. At any time during the tour, including at departure, Eat.Drink.Cook.Mexico., as well the local operator or guide, has the right to remove anyone who it judges to be incapable of meeting the rigors and requirements of participating in the tour activities. Once a trip has been confirmed medical circumstances will not be considered as exceptions to our cancellation policy.
7. CHANGES by Eat.Drink.Cook.Mexico.
While Eat.Drink.Cook.Mexico. uses reasonable efforts to provide travel services as advertised, reasonable changes in itinerary may be made where considered necessary. Eat.Drink.Cook.Mexico. reserves the right to change any of the services and facilities described in the tour descriptions before a booking is made. If such a change is made, we will inform you at the time of booking. If we make a major change after booking, we will advise you as soon as possible if there is time before departure. A major change is defined as a change affecting one day in five of the itinerary. If the major change is due to Force Majeure or other circumstances outside of our control, including a change by a Supplier, no refund or compensation is payable.
8. CHANGES by the CLIENT
If you wish to make a change to your tour itinerary after it has been confirmed, you must submit your request to us in writing by email or postal mail. You may only make a change to a booking at least 70 days before departure. You will be charged any additional costs due to your change including all nonrefundable deposits and cancellation fees. A transfer from one tour to another can only be made at least 70 days before the departure date of the first booked tour. If Eat.Drink.Cook.Mexico. accepts such a request, then the company reserves the right to charge an administration fee of 10% of the value of the first booked tour. A request to transfer received less than 70 days before departure will not be accepted. In this case the client must cancel the booking and then rebook on another tour. Such cancellation and rebooking will be subject to the cancellation schedule set forth above.
The tour itinerary is only an indication of what each group may accomplish and not a contractual obligation. You acknowledge that the nature of this type of travel requires significant flexibility and should allow for changes. You understand that the amenities, type of transport, route, schedule, and itinerary may change without prior notice due to local circumstances or events, which may include mechanical breakdown, illness, strikes, political disputes, weather and other unforeseeable factors.
10. RESPONSIBILITIES DURING TOUR
It is your responsibility to be ready to go at the departure city at the specific tour departure day and time. We are not responsible for any losses due to cancelled or missed flights, changed flight itineraries, late arrivals, or early departures.
Your additional responsibilities include strictly complying with all local laws, respecting customs and culture, assessing your abilities, respecting other trip members' privacy, and if on a guided trip following the suggestions and advice of the guide. On guided tours, the decision of the local guide or local supplier is final on all matters that may threaten the safety or interfere with the well-being of the group or individual travelers. During the tour, we, as well as the local guide or local supplier, have the right to remove anyone who we a) judge to be incapable of meeting the rigors and requirements of participating in the tour activities; or b) determine to detract from others' enjoyment of the tour.
11. TRAVEL DOCUMENTS
This agreement, our Release of Liability and Assumption of Risks Agreement, and, if required, medical form must be signed and submitted by all clients. If you fail to submit these and other necessary documentation prior to departure, Eat.Drink.Cook.Mexico. reserves the right to treat the booking as cancelled by you and impose cancellation fees.
U.S. citizens traveling outside the United States are required to carry documentation of U.S. citizenship, such as a passport, valid for six months after your reentry to the U.S. It is your responsibility to obtain valid and effective documentation, including passports, visas and permits. If you are not a U.S. citizen, contact the embassy, consulate or airline for entry requirements. You assume complete and full responsibility for checking and verifying any and all passport, visa or other entry requirements. You are also solely responsible for any adverse consequences resulting from missing or defective documentation. While we may provide information or advice on visas, climate, clothing, baggage, special equipment, etc. in good faith as a courtesy to you, we are not responsible for any errors or omissions as to the information provided.
12. PHOTO RELEASE
You agree that Eat.Drink.Cook.Mexico.may copyright in its own name, use, re-use, and reproduce any images, photos or videos that you send to us, or that are taken by our guides and/or other travelers of you individually or in a group, in any medium, including but not limited to print, electronic media, or Internet, free of charge and without your right to inspection, for promotion and publicity purposes worldwide related to our travel products and services.
13. CLAIMS and COMPLAINTS
If you find a problem or something that does not meet your expectation, you must promptly notify Eat.Drink.Cook.Mexico. or your tour leader so that the matter can be rectified if possible. Failure to do so while you are on the trip will result in your ability to claim compensation from Eat.Drink.Cook.Mexico. being extinguished or at least reduced. Further, if you make any changes on your own without providing the notice described above, you assume responsibility for any added costs you may incur as well as forfeiting any potential refunds.
If satisfaction is not reached through this notice procedure during the trip, you must submit further complaint in writing to Eat.Drink.Cook.Mexico. within 30 days of the end of the tour. Eat.Drink.Cook.Mexico. will not accept any liability for claims received after this period.
The trip price does not include travel insurance. We require that you purchase comprehensive travel insurance to cover trip interruption, baggage, accident/life, medical expenses, air ambulance, loss of effects, repatriation costs and all other expenses which might arise as a result of loss, damage, injury, delay or inconvenience occurring to you. Also, we recommend that you purchase travel-related medical insurance if your current medical policy does not cover you while you are on your trip. You agree to assume all costs of medical care and transportation that is provided to you, and any minors traveling with you, during the trip. When obtaining travel insurance you must make certain that the insurer is aware of the type of travel you will be undertaking.
Eat.Drink.Cook.Mexico. is not responsible for losses due to cancelled flights or seats or changed flight itineraries. You cannot cancel your contract with us without penalty due to a change of airline, aircraft type or destination. Similarly, the contents of our website do not commit the airlines mentioned there. You further agree that you are subject to all terms and conditions of the airline provider. You are responsible for familiarizing yourself with those terms and agree that you are ultimately responsible to the airline provider for any reservations, changes, cancellations, and disputes regardless of how your reservation was made on your behalf.
16. FORCE MAJEURE
Eat.Drink.Cook.Mexico. will not be deemed in breach of these Terms or otherwise liable to you, by reason of delay in performance or nonperformance of any of its obligations under this Agreement to the extent that any such delay or nonperformance is due to any Force Majeure. "Force Majeure" means any circumstances beyond the reasonable control of Eat.Drink.Cook.Mexico. including without limitation acts of God, terrorist activities, insurrection, explosion, flood, tempest, forceful wind, fire or accident, war or threat of war declared or undeclared, sabotage, civil disturbance, labor strikes, requisition, sickness, quarantine, government intervention, weather conditions, and unforeseen circumstances. If Eat.Drink.Cook.Mexico. and/or any of its independent suppliers are affected by Force Majeure, they shall be entitled to, and may in their sole and absolute discretion, vary or cancel any itinerary or arrangement in relation to the trip. Regarding civil unrest, once Eat.Drink.Cook.Mexico. has investigated the prevailing situation, as it deems fit, it shall remain in Eat.Drink.Cook.Mexico.’s sole and absolute discretion whether to proceed with the trip.
17. LIMITATION OF REMEDIES
You agree that the sole remedy for any default by Eat.Drink.Cook.Mexico. arising under this agreement shall be the return of the paid cost of travel services. To the maximum extent permitted under applicable law, Eat.Drink.Cook.Mexico. shall not be liable for any special, consequential, indirect, incidental or other damages arising out of this agreement, including lost profits, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Eat.Drink.Cook.Mexico. has been advised of the possibility of such damages. You expressly waive any right it may have to recover such damages. The foregoing shall not apply to Eat.Drink.Cook.Mexico.’s gross negligence or intentional misconduct.
In the event that any provision of this agreement shall be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render the agreement unenforceable or invalid as a whole. Such unenforceable provision will be replaced with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of the original provision.
19. SUCCESSORS AND ASSIGNS
This agreement shall inure to the benefit of and be binding upon Eat.Drink.Cook.Mexico. and the client and their respective heirs, legal personal representatives, successors and assigns.
20. UPDATING OF TERMS AND CONDITIONS
Eat.Drink.Cook.Mexico. reserves the right to update and/or alter these terms and conditions at any time, and it is your responsibility to be familiar with them. The latest terms and conditions can be found on Eat.Drink.Cook.Mexico.’s website www.eatdrinkcookmexico.com.
21. BINDING ARBITRATION
I agree that any dispute concerning, relating, or referring to this agreement, Eat.Drink.Cook.Mexico.’s travel services, Eat.Drink.Cook.Mexico.’s tour brochures or any other materials that concern my tour, the tour itself, or any claim for damages due to injury or death which occurs during or in connection with my tour, shall be resolved exclusively by binding arbitration. The binding arbitration shall take place in San Diego, California, in accordance with the rules of the American Arbitration Association. Such proceedings will be governed by substantive (but not procedural) California law. The arbitrator and not any federal, state or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this contract, including but not limited to any claim that all or any of this contract is void or voidable.
Headings in this agreement are for convenience only and shall not be used to interpret or construe its provisions.
This agreement is the final, complete and exclusive statement of the parties' agreement on the matters contained in this agreement. It supersedes all previous negotiations and agreements.
I have read and voluntarily agree to these Terms and Conditions.
Liability Release and Assumption of Risks
Please Read Carefully: This is a Legally Enforceable Contract
I voluntarily apply to participate on a trip arranged by Artelexia, Inc. DBA Eat.Drink.Cook.Mexico. ("Artelexia, Inc.," "we," "our," or "us") with knowledge that travel to foreign countries and/or remote areas visited by this trip involves numerous risks and dangers. I understand that I am booking an adventure holiday and standards such as accommodations, transport, medical service and other factors will not be maintained or operated to standards common in the United States, or on a conventional holiday.
RESPONSIBILITY: As a U.S.-based adventure travel company, we organize, promote and sell tour programs consisting of certain travel services that we purchase or reserve from various suppliers on your behalf. In doing so, we act only as an intermediary for the various independent suppliers that provide accommodations, meals, transportation, sightseeing, activities and other goods and services connected with your tour ("Supplier" or "Suppliers"). You acknowledge that you are aware of and clearly understand that these Suppliers are independent contractors, are not managed by Artelexia, Inc., and are not agents or employees of Artelexia, Inc. We assume no responsibility for and cannot be held liable any negligent or willful act or failure to act of any Supplier, or of any other person or entity. We are also not responsible for the financial default of any Supplier. You agree to seek remedies directly and only against the Suppliers and not hold Artelexia, Inc. responsible for their acts, omissions, and/or financial default. A Supplier's goods and services are subject to the Supplier's own terms and conditions and waivers of liability, which may require your separate signature, as well as the local laws and regulations of the relevant country.
ASSUMPTION OF RISK: I acknowledge that I have voluntarily applied to participate in the tour on which I am booked (or a tour to which I may subsequently transfer), which will involve cooking classes and outdoor activities and traveling in foreign countries and/or remote areas. I am voluntarily participating in this tour with the knowledge of the numerous risks and dangers involved, which include but are not limited to: physical exertion for which I am not prepared; forces of nature; transportation failures whether by plane, train, auto, boat, bicycle, by foot, or by any other conveyance; dangers and risks inherent in Eat.Drink.Cook.Mexico.; emotional trauma; disfigurement; temporary or permanent disability (including paralysis); death; consumption of alcoholic beverages; risks associated with food or impure water; criminal activity; equipment failures; negligent or willful acts and/or omissions by others; unexpected events; terrorist activities, social or labor unrest; mechanical or construction failures or difficulties; diseases; local laws; acts of God; the hazards of traveling in unsafe or politically unstable areas or under unsafe conditions; the dangers of civil disturbances, urban unrest and war; forces of nature; dangers associated with wild or other animals; breakdown or faulty maintenance of equipment; insufficient instruction or assistance; high altitude; accident or illness without access to means of rapid evacuation or availability of medical supplies or services; the adequacy of medical attention once provided; stolen, lost, or misplaced luggage or property; abnormal conditions or developments; or any other actions, omissions, or conditions outside of Artelexia, Inc.'s control. I understand that Artelexia, Inc. will have no liability regarding the adequacy of any evacuation plan, medical care, transportation, equipment or supplies that may be provided.
Further, I assume complete and full responsibility for checking and verifying any and all passport, visa, vaccination, or other entry requirements of each destination and all safety or security conditions at such destinations. For information concerning possible dangers at an international destination, contact the government office in your country that is responsible for issuing travel advisories. In the U.S., contact the Travel Advisory Section of the U.S. State Department, 1-888-407-4747, http://www.travel.state.gov/. For medical information, contact the U.S. Centers for Disease Control (CDC), 800-232-4636,http://wwwnc.cdc.gov/travel/, or the responsible government agency in your country.
RELEASE OF LIABILITY: As lawful consideration of, and as part of the payment for, the right to participate in the tour, and as part of the payment for the services arranged for me by Artelexia, Inc., I HEREBY EXPRESSLY AGREE TO BE
RESPONSIBLE FOR MY OWN WELFARE AND ALL MINORS TRAVELING WITH ME AND ASSUME ALL OF THE ABOVE RISKS, INCLUDING BOTH THOSE KNOWN AND UNKNOWN TO ME.
As lawful consideration of, and as part of the payment for, the right to participate in the tour, and as part of the payment for the services arranged for me by Artelexia, Inc., I HEREBY EXPRESSLY AGREE TO RELEASE, DISCHARGE AND
HOLD HARMLESS FOREVER Artelexia, INC., its owners, employees, shareholders, affiliated entities, employees, agents, representatives, officers, directors, associates, volunteers, successors and assigns from and against any liability, actions, causes of actions, debts, suits, claims and demands of any and every kind and nature whatsoever which I now have or which may hereafter arise out of or in connection with my tour or participation in the activities arranged for me by Artelexia, Inc.
I AGREE THAT THE TERMS OF THIS AGREEMENT SHALL SERVE AS A COMPLETE RELEASE AND EXPRESS ASSUMPTION OF RISK for myself, all members of my family and all minors traveling with me, my and their heirs, successors, assigns, and legal representatives; it being my intention to fully assume all risks associated with this trip and to release Artelexia, Inc. from any and all liability to the maximum extent permitted by law.
COVENANT: I hereby agree not to sue Artelexia, Inc., its owners, employees, shareholders, affiliated entities, agents, representatives, officers, directors, associates, volunteers, successors and assigns for any liability, actions, causes of actions, debts, suits, claims and demands of any and every kind and nature whatsoever which I now have or which may hereafter arise out of or in connection with my tour or participation in the activities arranged for me by Artelexia, Inc.
LIMITATION OF REMEDIES: I agree that to the extent consistent with applicable law, the maximum amount of recovery to which I may be permitted to recover from Artelexia, Inc. shall not exceed the amount of the paid tour cost less actual expenses incurred by Artelexia, Inc. in arranging for my travel services. To the maximum extent permitted under applicable law, Artelexia, Inc. shall not be liable for any special, consequential, indirect, incidental or other damages, including lost profits, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Artelexia, Inc. has been advised of the possibility of such damages. I expressly waive any right it may have to recover such damages. If I, or any of my heirs, or anyone acting on their own in my behalf should bring such suit, I shall pay all attorney fees, related court fees and defense costs should I not prevail. This paragraph shall not apply to Artelexia, Inc.'s gross negligence or intentional misconduct.
BINDING ARBITRATION: I agree that any dispute concerning, relating, or referring to this agreement, Artelexia, Inc's travel services, Artelexia, Inc's tour brochures and catalogues, or any other materials that concern my tour, or the tour itself, shall be resolved exclusively by binding arbitration. The binding arbitration shall take place in San Diego, California, in accordance with the rules of the American Arbitration Association. Such proceedings will be governed by substantive (but not procedural) California law. The arbitrator and not any federal, state or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this contract, including but not limited to any claim that all or any of this contract is void or voidable.
KNOWING AND VOLUNTARY EXECUTION: I have carefully read and understand the provisions and legal consequences of this agreement and Artelexia, Inc.'s Terms and Conditions, and I hereby agree to all of the terms and conditions contained in both agreements. I agree that this release and waiver is intended to be as broad and inclusive as permitted by the laws of the State of California and if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
I acknowledge that in calculating the cost of the tour, Artelexia, Inc. has relied on my consent to these terms and their enforceability. In the absence of this agreement, the tour cost would have been higher or, alternatively, Artelexia, Inc. would be unable to offer these services.
I understand this is a legally binding and enforceable contract.