Terms and Conditions

Terms + Conditions

Terms and Conditions

Terms Of Use

1.1 All use of the website www.fyvmexico.com (“the Site”) is on the terms and conditions below. If you do not agree to these conditions, cease use of the Site immediately.

1.2 You may print and keep a copy of these terms. They are a legal agreement between us and can only be modified with our consent. We reserve the right to change the terms at our discretion by changing them on the Site.

1.3 By using fyvmexico.com  or any Frutas y Verduras-affiliated website, you agree to be legally bound by these terms, which shall take effect immediately.

1.4 If you do not agree to be legally bound by all the following Terms & Conditions, please do not access and/or use fyvmexico.com or any Frutas y Verduras -affiliated website.

1.5 Frutas y Verduras may change these Terms & Conditions at any time by posting changes online. Please review these Terms & Conditions regularly to ensure you are aware of any changes made by Frutas y Verduras. Your continued use of fyvmexico.com or a Frutas y Verduras-affiliated website after changes are posted means you agree to be legally bound by these terms as updated and/or amended.

1.6 You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use fyvmexico.com content (inclusive of text, images, URLs, pricing information, etc.) in any way except for your own personal, non-commercial use. Any other use of fyvmexico.com content requires the prior written permission of Frutas y Verduras (if you’re interested in becoming a Frutas y Verduras affiliate, please contact us for more information).

1.7 You agree to use fyvmexico.com and Frutas y Verduras-affiliated websites only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of fyvmexico.com.

1.8 Your use of fyvmexico.com or any Frutas y Verduras-affiliated sites is intended for personal, non-commercial use and/or to make legitimate requests to book the products or services offered. You agree not to use this site to make any speculative, false or fraudulent requests. You agree not to use robots or other automated means to access this site, unless specifically permitted by Frutas y Verduras.

Visitor Provided Material

2.1 In these terms of use, visitor provided “material” includes without limitation, text, images, audio material, video material and audio-visual material that you submit to our website, for whatever purpose.

2.2 Any material that a visitor to this Website sends or posts to fyvmexico.com shall be considered non-proprietary and non-confidential. We shall be entitled to copy, disclose, distribute or use for such other purpose as we deem appropriate all material provided to us, with the exception of personal information, the use of which is covered under our Privacy Policy.

2.3 When using fyvemexico.com you shall not post or send to or from this Website any material:

    1. For which you have not obtained all necessary consents;
    2. That is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United States;
    3. That violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is false, intentionally misleading, or defamatory.
    4. This is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.

2.4 We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material that is in breach if this website.

E-tickets

6.1 All offers displayed on the website should be booked online. Phone orders will be taken to hold a reservation for 12 hours only. Booking must be completed online to guarantee space

6.2 Customers who have purchased tickets will receive an e-ticket (confirmation) via email containing all necessary details.

6.3 Customers should keep e-tickets for the purpose of having information about the tour easily available and to share with their guide/host as requested.

Special Requirements

7.1 The independent, individual providers represented by Frutas y Verduras on the fyvmexico.com website are each committed to giving all customers full care and attention. As such, it must be made known by the guest at the time of booking if there are any special needs or requirements. It is particularly important that we are advised of any food allergies, dietary restrictions or mobility issues. Should the guest fail to inform us at that time or with a minimum of 48 hours notice, we can offer no  assurance that your needs will be accommodated.

Tour Information

8.1 We may, at our discretion, require any person to withdraw from any tour, if we deem their acts or conduct to be offensive, or a nuisance to other guests, and we shall have no further liability.

8.2 We reserve the right to cancel any tours due to unforeseeable adverse conditions (environmental, political etc, )fully at our discretion. We also reserve the right to alter, at any time, any itinerary owing to unforeseen circumstances. Every endeavor will be made to advise guests in advance of any alterations that are deemed necessary.

8.3 In the case of an event not being carried for any cause whatsoever, no liability will be accepted by the operators beyond the full refund of the fee.

8.4 Should a guest fail to arrive or arrive late at the starting point or at any time during the tour, the tour shall not be delayed in order to wait for the client. We accept no liability for a guest missing their tour in this event.

Pricing – Inclusions & Exclusions

3.1 Prices shown on fyvmexico.com website are per person unless otherwise stated.

3.2 Prices are subject to change until the booking has been confirmed.

3.3 What is included is stated specifically on each page.

3.4 Children under eighteen must be accompanied by an adult.

3.5 Unless otherwise specified prices include all local taxes, charges or fees.

3.6 Prices do not Include (unless stated otherwise) – discretionary gratuities to the guide, driver or tour manager, extra food and beverages.

Payment

4.1 Frutas y Verduras accepts the following Credit Cards: Visa, MasterCard, American Express and Discover.

4.2 There is no charge or service fee to the customer for processing Credit card payments.

4.3 Full payment is required at the time of booking.

Accident or Loss

5.1 It is the responsibility of guests to review any liability waiver presented to them by their guide/host.

5.2 We have no liability for loss, damage, delay, inconvenience, or direct or consequential loss, however caused.

5.3 We have carefully vetted our suppliers and practices and accept no liability for any illness or injury during the course of a tour or service being delivered, or any claims of illness or injury resulting from.  

 

Refunds & Compensation

6.1 In general, all single-day pre-set tours and classes are non-refundable.

6.2 Should you be unable to attend your tour at the scheduled time, please communicate with your guide/host about the possibility of rescheduling. If you, or your guide, are unable to reschedule, a Gift Certificate* for the full value of the tour price will be issued. You may use this yourself or transfer to another individual/group.

6.3 Tours and classes of 5 hours or more, cancelled by the guest(s) with notice of 48 hour notice or more, the guest may choose one of 2 options at that time. They may choose to have a Gift Certificate issued for full amount paid or they may receive a partial refund with a cancellation fee of $40 USD per person. The balance will be refunded within 3 business days.

6.4 For those tours/ classes cancelled with less than 48 hours notice, no refund will be given, but a Gift Certificate will be issued.

6.5 Cancellation of Custom tours. Any custom tour cancelled less than 48 hours before the scheduled start time will not be refunded. A Gift Certificate will be issued.

6.6 All Custom tours require a 25% deposit. This deposit is always non-refundable. A Fully paid  tour or class cancelled with 7 days advance notice or more will receive a refund of of 75%.

6.6 Please note that those tours that have been custom-planned  for groups of 4 people and larger may require a larger non-refundable cancellation fee, dependent on the complexity and length of the itinerary. This will be specified with the itinerary.

6.7 Cancellations 48 hours or less before a Custom tour begins — NO refund

6.7 For groups of 10 people or larger, cancellations made 14 days or less before a tour date will NOT be refunded. Refunds will not be given for reductions in group size. No exceptions.

6.8 Guests who do not show up for their tour will not be refunded.

6.9 Guests who arrive late will not be refunded or granted credits or itinerary changes.

 

Frutas y Verduras Gift Certificates

 All gift certificates are non-refundable and cannot be exchanged for cash or used for the purchase of gift vouchers.

 Gift certificates can only be redeemed online (subject to availability of the service requested).

 Gift certificates are valid for 12 months from the date of issue.

Waiver of Liability

It is the responsibility of each individual participant to read, understand  and agree to the terms and conditions of Frutas y Verduras Mexico LLC (‘FYVMexico’) prior to reserving and attending each tour.

I agree that FYVMexico, their owners, affiliates, officers, directors, successors or employees are solely operating as the agent through which I am booking this tour, class or event. FYVMexico do not own or operate any entity which provides, or is to provide, goods and services for my tour, including food services providers, food and produce suppliers. As a result, FYVMexico is not liable for any negligent or willful act or failure to act of the independent operators who are the guides and hosts represented herein.

In addition, I acknowledge that I have voluntarily applied to participate in the tour, class or event designated on this application. I do so with the knowledge of the risks and dangers involved, including but not limited to:

  1.  Negligence in the conduct or arrangement of this trip in any respect from inception to completion;
  2. Physical exertion for which I am not prepared;
  3. Foods consumed that may cause negative reaction due to allergy/sensitivity
  4. Risks associated with food or impure water;
  5. Consumption of alcoholic beverages;
  6. Civil unrest; terrorism;
  7. Criminal activity;
  8. Forces of nature;
  9. Transportation failures whether by car, boat, by foot, or by any other conveyance;
  10. Accident or illness without access to means of rapid evacuation or availability of medical supplies or services;
  11. The adequacy of medical attention once provided;
  12. Damaged, stolen, lost, or misplaced luggage or property.

I HEREBY AGREE TO BE RESPONSIBLE FOR MY OWN WELFARE AND PROPERTIES AND ACCEPT ANY AND ALL RISKS OF DELAY, UNANTICIPATED EVENTS, INCONVENIENCE, ILLNESS, INJURY, EMOTIONAL TRAUMA OR DEATH.

I acknowledge that participation in tours, classes or events sold  by FYVMexico and conducted by the Independent Operators is based upon my execution of this Liability Waiver. I hereby RELEASE AND DISCHARGE FOREVER FYVMexico FROM AND AGAINST ANY AND ALL LIABILITY ARISING FROM MY PARTICIPATION IN THE TOUR or CLASS. I agree that this release shall be legally binding upon me personally, all members of my family, and all minors traveling with me, my and their heirs, successors, assigns, and legal representatives, it being my attention to fully assume all the risks associated with this trip and release FYVMexico from any and all liabilities to the maximum extent of the law.