terms and conditions

Welcome to Cabo Casita Keeper!

These terms and conditions outline the rules and regulations for the use of Cabo casta Keeper's Website, located at https://cabocasitakeeper.com.

By accessing this website, we assume you accept these terms and conditions. Do not continue to use Cabo Casita Keeper if you do not agree to take all of the terms and conditions stated on this page.

Cabo Casita Keeper: Terms and Conditions
RENTAL AGREEMENT AND LIABILITY WAIVER FOR TOURS

Cabo Casita Keeper will provide receartional tours to the customer(s) for a limited time period, subject to the terms and conditions outlined below. By paying the deposit/payment, the customer(s) agree to the full terms and conditions.

NO WARRANTIES OR INSURANCE PROVIDED INHERENTLY TO THE ACTIVITY
Cabo Casita Keeper provides no warranty, express or implied, regarding the quality, safety, drivability, or fitness for any particular purpose of any Tours or equipment rented under this agreement. The customer(s) accept any tours or equipment provided by Cabo Casita Keeper "as is" with all faults. The use of vehicles in Los Cabos and Cabo Casita Keeper property could be dangerous, with the risk of bodily injury or death to others or oneself. Cabo Casita Keeper urges the customer(s) to obtain medical insurance prior to participating in this activity. Cabo Casita Keeper does not provide medical insurance and advises that serious injuries can be financially devastating. The customer(s) and all additional customer(s) personally accept all risks and liabilities associated with this activity. By reading this document, the customer(s) acknowledge that they are giving up important legal rights and intend to relieve and release Cabo Casita Keeper of any legally owed duty in relation to the conduct of this activity.

1. RULES OF OPERATION
The customer(s) agree to follow and be bound by the Cabo Casita Keeper Vehicle(s) Operation Rules as outlined in this agreement.

2. LIMITATION OF USE AND RESPONSIBILITY FOR LOSS OR DAMAGE
Only the customer(s) paying the deposit/payment in this agreement may use the equipment. If the customer(s) under 18 years of age, they must provide Cabo Casita Keeper with written consent from a parent or legal guardian. The customer(s) will be personally liable and financially responsible for any loss of or damage to any vehicle or equipment rented under this agreement, regardless of whether or not they have forfeited a damage deposit. The customer(s) agree to pay for all such loss or damage, including the loss of use of any equipment covered by this agreement that has been damaged by the customer(s) or other person, at the rate of detail price.

3. ASSUMPTION OF RISK

The customer(s) expressly and voluntarily assume all risk and liability for the loss or damage to any equipment rented from Cabo Casita Keeper, the death or injury to any person or property, and for all other risks and liabilities arising from the use, condition, and possession of the marine vehicle or equipment received or obtained from Cabo Casita Keeper.

4. WAIVER AND RELEASE OF CLAIMS

The customer(s), on behalf of themselves, their spouse (if any), their children, any minor for whom they are the guardian, their heirs and successors in interest, waive, release and discharge Cabo Casita Keeper, its shareholders, directors, officers, employees, agents, successors, and assigns from any and all claims, demands, losses, expenses, damages, liabilities, actions, causes of action of any nature, including but not limited to personal injury, wrongful death, and property damage, that in any manner arise from or relate to the rental, use and/or operation, condition, or possession of the vehicle or equipment received and/or obtained from Cabo Casita Keeper. This waiver and release extends to and includes any and all claims, liabilities, injuries, damages, and causes of action that the parties do not presently anticipate, know, or suspect to exist but that may develop, accrue, or be discovered in the future. The customer(s) represent and warrant that they have considered the possibility that claims, liabilities, injuries

5. COVENANT NOT TO SUE.

By signing this agreement, the customer(s) agree and covenant that they, their children, and any minors for whom they are the legal guardian, will not initiate any legal, equitable, administrative, or other action or complaint against Cabo Casita Keeper or any of its shareholders, directors, officers, employees, agents, successors or assigns, either directly or indirectly. Furthermore, they will not assert any further claims or demands against Cabo Casita Keeper or its shareholders, directors, officers, employees, agents, successors and assigns, relating to the condition, possession, use, and/or operation of the vehicle or equipment provided by Cabo Casita Keeper. This covenant applies to any and all claims, liabilities, injuries, expenses, losses, damages, and causes of action, present or future, known or unknown.

6. INDEMNIFICATION.

The customer(s) agree to indemnify, defend, protect, and hold Cabo Casita Keeper, its shareholders, directors, officers, employees, agents, successors, and assigns harmless against any and all claims, liabilities, penalties, losses, or expenses (including attorneys’ fees) arising from the rental, use and/or operation, condition or possession of the vehicle(s) or equipment obtained from Cabo Casita Keeper. This indemnification also includes any death or injury to any person or damage to any property, caused either directly or indirectly, in whole or in part, by the customer(s) or any third party. Additionally, the customer(s) agree to indemnify Cabo Casita Keeper, its shareholders, directors, officers, employees, agents, successors and assigns against any losses, costs, or expenses, including attorneys’ fees, resulting from a breach of this agreement.

7. PARTIAL INVALIDITY/CHOICE OF LAW.

If any provision of this agreement is deemed invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of the agreement shall still remain in effect. This agreement, covenant, waiver, and release shall be governed and construed in accordance with the laws of MEXICO.

8. EXPENSES OF ENFORCEMENT.

If any legal action arises from this agreement, the prevailing party shall be entitled to reasonable attorneys’ fees and all costs and expenses incurred in pursuing the legal action.

9. ENTIRE AGREEMENT, NO ORAL MODIFICAITON.

This deposit/payment constitutes the entire agreement between the parties. No provisions of this agreement shall be modified or rescinded unless it is in writing and signed by an authorized representative of Cabo Casita Keeper.

10. PARENTAL CONSENT.

The customer(s), who are the parent or legal guardian of the minor(s) with them, hereby consent to allow such minor(s) to use and operate the vehicle(s) or equipment obtained from Cabo Casita Keeper, in accordance with the terms of this agreement. The customer(s) shall be responsible for ensuring that the minor(s) follow and abide by the rules and terms of this agreement.

11. RELEASE.

The customer(s), including their personal representatives and heirs, agree to release, waive, and discharge Cabo Casita Keeper, its owners, agents, officers, and employees from any and all claims, actions, or losses arising from bodily injury, property damage, wrongful death, loss of services, or other related issues that may occur during the customer(s)' use of equipment or participation in tours activities. The customer(s) understand that by releasing and waiving their claims, they are also releasing any claims that may arise from the negligent acts or conduct of the owners, agents, officers, or employees of Cabo Casita Keeper.

12. REFUND.

The customer(s) understand that no deposit/payment will be refunded in case of a cancelled tour/rent by the customer(s), no-show, pandemic declared for more than 30 days, bad weather, seasickness, poor fishing results, or any other circumstance beyond the control of Cabo Casita Keeper.

13 ACKNOWLEDGEMENT.

By paying the deposit/payment, the customer(s) acknowledge that they have read and understood the contents of the Rental Agreement and Waiver of Liability. They agree to execute the agreement voluntarily and in good faith, fully aware of its significance.

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Cookies:

The website uses cookies to help personalize your online experience. By accessing Cabo Casita Keeper, you agreed to use the required cookies.

A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you.

We may use cookies to collect, store, and track information for statistical or marketing purposes to operate our website. You have the ability to accept or decline optional Cookies. There are some required Cookies that are necessary for the operation of our website. These cookies do not require your consent as they always work. Please keep in mind that by accepting required Cookies, you also accept third-party Cookies, which might be used via third-party provided services if you use such services on our website, for example, a video display window provided by third parties and integrated into our website.

License:

Unless otherwise stated, Cabo casta Keeper and/or its licensors own the intellectual property rights for all material on Cabo Casita Keeper. All intellectual property rights are reserved. You may access this from Cabo Casita Keeper for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

Copy or republish material from Cabo Casita Keeper
Sell, rent, or sub-license material from Cabo Casita Keeper
Reproduce, duplicate or copy material from Cabo Casita Keeper
Redistribute content from Cabo Casita Keeper

This Agreement shall begin on the date hereof.

Parts of this website offer users an opportunity to post and exchange opinions and information in certain areas of the website. Cabo casta Keeper does not filter, edit, publish or review Comments before their presence on the website. Comments do not reflect the views and opinions of Cabo casta Keeper, its agents, and/or affiliates. Comments reflect the views and opinions of the person who posts their views and opinions. To the extent permitted by applicable laws, Cabo casta Keeper shall not be liable for the Comments or any liability, damages, or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

Cabo casta Keeper reserves the right to monitor all Comments and remove any Comments that can be considered inappropriate, offensive, or causes breach of these Terms and Conditions.

You warrant and represent that:

You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
The Comments do not invade any intellectual property right, including without limitation copyright, patent, or trademark of any third party;
The Comments do not contain any defamatory, libelous, offensive, indecent, or otherwise unlawful material, which is an invasion of privacy.
The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant Cabo casta Keeper a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats, or media.

Hyperlinking to our Content:

The following organizations may link to our Website without prior written approval:

Government agencies;
Search engines;
News organizations;
Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
System-wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications, or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party's site.

We may consider and approve other link requests from the following types of organizations:

Commonly-known consumer and/or business information sources;
Dot.com community sites;
Associations or other groups representing charities;
Online directory distributors;
Internet portals;
Accounting, law, and consulting firms; and
Educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Cabo casta Keeper; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Cabo casta Keeper. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

By use of our corporate name; or
By use of the uniform resource locator being linked to; or
Using any other description of our Website being linked to that makes sense within the context and format of content on the linking party's site.

No use of Cabo casta Keeper's logo or other artwork will be allowed for linking absent a trademark license agreement.

Content Liability:

We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that are raised on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Reservation of Rights:

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Removal of links from our website:

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us at any moment. We will consider requests to remove links, but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct. We do not warrant its completeness or accuracy, nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Disclaimer:

To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

Limit or exclude our or your liability for death or personal injury;
Limit or exclude our or your liability for fraud or fraudulent misrepresentation;
Limit any of our or your liabilities in any way that is not permitted under applicable law; or
Exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort, and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.