Terms and Conditions

Terms & Conditions

Terms and Conditions

PLATFORM NATURE OF THE SERVICES

FYVMexico.com (the Site) is an online platform for Travellers and Hosts and Guides to connect online and arrange Experiences. The Site is owned and managed by Margaret Hefner. FYVMexico.com (Frutas y Verduras Mexico and Margaret Hefner) is not an operator of the tours, classes, activities or experiences described on the site, nor is it a provider of tours or activities. The Site and its owner does not own, sell, resell, furnish, provide, manage and/or control any transportation or tour services. The Site responsibilities are limited to: (i) providing a venue for Experience Hosts and Guides to display their individual offerings on the Site; (ii) allowing Users to search for and browse those Experiences described on the Site; (iii) allowing Users to choose Experiences presented by the individual Hosts and Guides directly through the Site and provide information to Hosts and Guides ;(iv) processing payments from Travelers on behalf of the Hosts and Guides.

YOU UNDERSTAND AND AGREE THAT NEITHER FYVMEXICO.COM (the SITE) NOR FRUTAS Y VERDURAS MEXICO AND ITS REGISTERED OWNER, MARGARET HEFNER, IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN PROVIDERS AND TRAVELLERS, NOR IS THE SITE OR ITS OWNER AN AGENT OR INSURER. THE SERVICES ARE INTENDED TO BE USED TO FACILITATE THE CONNECTIONS BETWEEN PROVIDERS AND TRAVELLERS. FYVMEXICO.COM AND ITS OWNER HAS NO CONTROL OVER THE CONDUCT OF HOSTS AND GUIDES, TRAVELLERS AND OTHER USERS OF THE SERVICES OR ANY EXPERIENCES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD. ACCORDINGLY, THE PLANNING OR PARTAKING OF ANY EXPERIENCES ARE AT THE HOST AND GUIDES’ AND/OR TRAVELLER’S OWN RISK.

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, frutasyverdurasmex.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, frutasyverdurasmex.com or any Frutas y Verduras-affiliated website.

1.5 The Terms & Conditions stated herein may be changed at any time. Please review these Terms & Conditions regularly to ensure you are aware of any changes. 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 Margaret Hefner (Owner of the Site)

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.

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 and Bookings

3.1 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 and paid in full (or deposit when stated as an option) to guarantee space.

3.2 All customers who book and pay for a tour using the online system on the Site, will receive a confirmation via email containing all necessary details.

3.3 Customers should keep a copy of the confirmation for the purpose of having information about the tour easily available and to share with their guide/host as requested.

Special Requirements

4.1 Experience providers (“Hosts and Guides”) whose tours, classes and events are displayed on the Site are not employees of Frutas y Verduras or Margaret Hefner (Owner of Site). Fyvmexico.com provides these individual, independent operators with a platform through which to present their unique tour, class or event offering. 

4.2 Hosts and Guides assume responsibility for the communication to guests about details and specifics of Experiences (tours and classes) after the booking is completed.

4.3 Hosts and Guides assume responsibility for the fulfillment of the tours, classes and events described on the site. 

4.4 It is the full responsibility of any guest to state any special needs or requirements during the booking process. It is particularly important that Hosts and Guides are advised of any food allergies, dietary restrictions or mobility issues a minimum of 48 hours before the start time of the Experience. No refunds will be issued should the Host or Guide be unable to accommodate a guest’s needs, failing this notice.

Tour Information

5.1 Any Host or Guide, may, at their individual discretion, require any person to withdraw from any tour if their acts or conduct are deemed to be offensive or a nuisance to other guests. We shall have no further liability.

5.2 Hosts and Guides may reserve the right to cancel any tours due to unforeseeable adverse conditions (environmental, political etc,) fully at their discretion. Additionally, they may alter, at any time, any itinerary owing to unforeseen circumstances. It is the responsibility of the Host or Guide to notify their guest. Should they be unable to do so for any reason, a full refund will be given. Every effort will be made to advise guests in advance of any alterations that are deemed necessary.

5.3 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.

5.4 Should a guest fail to arrive or arrive late at the starting point or at any time during the tour, the Host or Guide is not required or expected to delay the start time in order to wait for the client. There will be no refund granted to guests, and no liability accepted, for a guest missing their Experience in this event.

Pricing – Inclusions & Exclusions

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

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

6.3 What is included is stated specifically on each page.

6.4 Children under eighteen must be accompanied by an adult.

6.5 Children under the age of 13 may attend only with the explicit approval of the Host or Guide.

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

6.7 Prices do not include (unless stated otherwise) – discretionary gratuities to the guide, driver, servers, or other third parties, or extra food and beverages.

Payment

7.1 Fyvmexico.com accepts the following Credit Cards: Visa, MasterCard, American Express and Discover. Charges will be credited to Margaret Hefner (DBA Frutas y Verduras Mexico)

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

7.3 Full payment is required at the time of booking.

Accident or Loss

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

8.2 Frutas y Verduras Mexico and Margaret Hefner (owner) have no liability for loss, damage, delay, inconvenience, or direct or consequential loss, however caused. This includes, but is not limited to:

 

8.3 All suppliers and practices are vetted by the Guide or Host. We 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

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

8.2 Should you be unable to attend your tour at the scheduled time, please communicate this to your guide/ host no less than 24 hours before the start time. If you, or your guide/host, are unable to reschedule, a Gift Certificate* for the value of the tour price less an $10 administrative fee may be issued.  You may use this Gift Certificate yourself or transfer to another individual/group.

8.3 For tours and classes of 5 hours or more, cancelled by the guest(s) with notice of 24 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 $30USD per person. The balance will be refunded within 3 business days.

8.4 For those tours/ classes cancelled with less than 24 hours notice, the ticket will be considered used.

8.5 Cancellation of Custom Experiences. Individual Hosts and Guides set their own policies for Custom Experiences. It is the responsibility of guests to ensure they understand these policies. Frutas y Verduras Mexico and Margaret Hefner (owner of Site) assume no responsibility or liability whatsoever for Custom Experiences.  

8.6 For groups of 10 people or larger, cancellations made 7 days or less before a tour date will NOT be refunded. Refunds will not be given for reductions in group size. No exceptions.

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

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

 

Frutas y Verduras Gift Certificates

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

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

9.3 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 (‘FYVMexico’) prior to reserving and attending each tour, class or event.

I agree that FYVMexico.com its owner(s), affiliates, officers, directors, successors or employees are solely operating as the online platform through which I am booking this tour, class or event. FYVMexico does 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 presented on the Site and conducted by the Independent Guides and Hosts whose activities are presented therein, is based upon my execution of this Liability Waiver. I hereby RELEASE AND DISCHARGE FOREVER FYVMexico, FRUTAS Y VERDURAS MEXICO AND MARGARET HEFNER 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.