Terms and Conditions
Earth, Sea & Sky Vacations, Inc. (ESSV) dba CaboLux.com, at 567 Auto Center Drive, Watsonville, CA 95076, arranges the vacations advertised on this website. ESSV is registered by the State of California, Florida, Washington and Iowa as a Seller of Travel, Registration Numbers 2060094-40, ST37411, UBI 602870637 and 1320. Note: Registration as a Seller of Travel does not constitute approval by the aforementioned States.
RESERVATIONS AND DEPOSITS
Reservations are accepted with a valid credit or debit card as a guarantee. Reservation deposits of 25% of the total booking amount are automatically charged within 24 hours of making a reservation. Final payment is due 45 days prior to arrival date. A refundable security deposit and accidental damage waiver (ADW) is required for privately owned villa and select condominium reservations.
Rates are based on season, room type and number of guests. Rates are per night and do not include tax or hotel service charges if applicable. Each reservation is for a specified number of guests and/or rooms. Additional fees apply when the specified occupancy and/or rooms is exceeded.
Confirmation documents are normally sent out 21 days prior to trip arrival date. These documents may be delayed if final payment and the required forms are not received on time.
RATES AND ACCOMMODATION SUBSTITUTION
Prices, services and amenities are subject to change without notice. ESSV reserves the right to substitute similar services, accommodations or amenities if they become unavailable due to circumstances beyond our control or if a price, service or amenity was shown or quoted incorrectly. All prices are in U.S. Dollars ($USD).
Privately owned villas and condos have a minimum age requirement of 25. Most hotels require a minimum age of 21; requirements vary from hotel to hotel. You must be a minimum age of 21 to rent a car and have a major credit card. Surcharges may apply for drivers ages 21-24.
PRIVATELY OWNED VILLAS AND CONDOMINIUMS
Cancellations: Payments are non-refundable and non-transferable, unless ESSV is able to re-rent the same property for the same rate and period of time, subject to a $200 cancellation fee.
Rescheduling: You may reschedule 21 days or more prior to your arrival date, with the same property and number of nights, for travel within one year of the original check-out date, subject to a $100 rescheduling fee. Rescheduled reservations are subject to availability and any applicable price increase for dates of stay. One (1) rescheduling per reservation is permitted.
Note: Holiday and Limited Offer reservations may not be rescheduled.
Security Deposit: A security deposit in the amount of 25% of the rent plus tax is required for each reservation. This deposit shall be made as a credit card pre-authorization (Minimum $1,000) to the customer's credit card within 4 days of the scheduled arrival date. (Debit cards are not recommended) A cash deposit is required in lieu of a credit card preauthorization for specific properties and/or reservation types. Applicable security deposit refunds are typically made 14 days after the check-out date. Credit card pre-authorization deposits typically cancel after 7 days and may need to be reissued depending on the length of stay. Renter agrees that he/she is responsible for damages, loss of inventory, excessive cleaning fees, HOA fines, event fees, excess occupancy fees and service charges during occupancy dates.
The maximum number of persons permitted in a reserved property is restricted to the contracted number of guests for each reservation. Renter must disclose the number of persons in his/her group as well as the name of every member of his/her group. ESSV reserves the right to refuse entry or to evict persons not named as members of Renter's group. If this limit is exceeded, excess guest fees will be charged.
• No events, parties, weddings or other gatherings are allowed without express prior written permission from ESSV. Renter may not engage in any activities that disturb the quiet enjoyment of others; In addition to the rent, an event, party, wedding or gathering fee will be charged. Events and event fees are subject to the property owner's approval. (A typical event fee is equal to one nights rent, however the specific amount of this fee is determined by the property owner)
• USE: Any commercial or promotional use(s) of the property requires prior express written approval from the property owner and is subject to additional use fees.
HOTELS AND RESORTS
Cancellation/Change Policy - Resorts: Once a reservation is under deposit, there is no additional CaboLux.com (ESSV) penalty to cancel or make changes to the reservation beyond any property-specific penalties imposed by the resort directly. Most hotels charge 1 night cancellation inside 72 hours, please refer to your invoice for specific penalties. Cancellation and change penalties vary by resort and dates of travel. Ask your Cabo Specialist for more details about your reservation.
SERVICES AND ACTIVITIES
Changes: Once reservation is under deposit, a $50 per reservation fee applies to changes in travel arrangements.
Cancellations: Once reservation is under deposit, a fee of $50 per reservation applies. Reservations are non-refundable if cancellation is made 14 days or less prior to arrival.
Note: In addition to these change and cancellation fees, individual properties and suppliers may charge additional cancellation and change fees.
Any unused portions of reservations, services or activities are nonrefundable including no shows and late cancellations. No-shows and late cancellation penalties for restaurant reservations may result in fees and will be charged to the credit card on file. All refund requests must be submitted in writing within 30 days of cancellation. Reservations made for travel between 12/17 and 01/4 (holiday period) are subject to a holiday surcharge. Cancellation penalties are doubled during holiday periods and may be up to 100% of payment.
Travel protection is recommended in the event of unforeseen circumstances. ESSV offers travel protection arranged by Rental Guardian. Premium Travel protection may be added up to 14 days from the time of booking. No purchases allowed if initial booking is less than 30 days before check-in. Standard Travel Protection may be added up to 30 days or more prior to the arrival date OR within 5 days of booking when less than 30 days from check in date. For a full description of travel insurance, see Rental Guardian.
ACCIDENTAL DAMAGE WAIVER
An ADW is required for all private villa and select condo reservations. The fee for the ADW is $59 per reservation for 3 and 4 star properties, $79 per reservation for 5 and 6 star properties and $99 per reservation for 6+ Platinum properties. The fee covers up to a $3,000 maximum benefit. The ADW does not cover damages resulting from guest events, parties, weddings or other gatherings. The ADW coverage excludes excessive cleaning fees, linen stains, cigarette burns and damages caused by acts of negligence or abuse. The ADW is non-refundable and is void whenever maximum occupancy is exceeded.
FORCE MAJEURE POLICY
In the event of a natural disaster or travel restriction in the customer's final destination which prevents travel, customer will have the option to reschedule accommodations and services booked for use within one year of the original travel dates. (Same property and services) Should a natural disaster occur while the customer is in their final destination causing the customer to depart early, they may reschedule the unused portion of their accommodations and/or services within one year of the original travel dates. (Same property and services) Rescheduled reservations are subject to current rates for the dates selected at the time the accommodation or services are requested.
NOT INCLUDED IN PRICES
Prices do not cover expenses or services not mentioned, including but not limited to air transportation, gratuities, meals, beverages, parking fees, insurance, resort fees, HOA fees, telephone fees, internet fees, laundry service, cleaning and other items of personal nature.
Neither ESSV nor selling agent shall be responsible for the loss, damage or delay of customer baggage.
PHYSICAL DISABILITIES Mexico does not conform to U.S. American Disabilities Act standards, therefore accommodations and facilities for disabled persons are extremely limited in Mexico.
PROOF OF CITIZENSHIP AND PASSPORT
When traveling to Mexico, you must have a valid passport. It is the passenger's responsibility to provide these documents. No refunds will be made to passengers affected by their failure to possess proper documents. All U.S. citizens must also carry a Mexican Tourist Card, which is supplied by the carrier. Children under 18 years of age must travel with the consent of both parents. If a minor is traveling with only one parent, that parent must hold a notarized letter of consent from the absent legal parent, or a copy of the death certificate is necessary. Failure to comply may result in denied boarding by the carrier. Non-U.S. Citizens should contact the Mexican Consulate for specific entry and visa requirements.
RESPONSIBILITY AND ASSUMPTION OF RISK
The property owners and suppliers which provide in-destination services such as concierge, hosting, meet and greet, accommodations, activities, tours and transportation for ESSV are independent contractors and are not agents or employees of ESSV. Each guest acknowledges that accommodations, activities, tours, services, roads, traffic laws, transportation, sanitation (water and food), building standards, insurance practices, and medical care are not as highly regulated as those in the United States. Guests may encounter the following risks: slippery floors and stairs, especially when wet, precipitous drop-offs at or around some of the residences, unfenced pools, poorly designed or faulty electrical, plumbing and gas systems, dangerous driving conditions, poorly maintained or equipped vehicles, and dangerous stairs or pathways. Some activities that guests engage in are especially dangerous, and include motorized off-road vehicles such as Jeeps, Hummers, buggies and other four-wheel ATVs, motorcycle, scooter, and horseback riding, hiking, climbing, rappelling, jet skiing, jet pack, kayaking, para-sailing, zip lines, bungee jumping, sky diving, SCUBA diving, snorkeling, ultra-lite flying, sailing, ocean cruises, fishing, golfing, pool and ocean swimming, and surfing. The above list is not all-inclusive, and simply points out some of the hazards of vacationing in Mexico. Therefore, each guest agrees that he/she is voluntarily participating in any and all activities, risks, and use of the accommodations, and hereby assumes all risk of injury, illness, damage or loss to person and property that might result; including, without limitation, any loss or theft of personal property.
ESSV does not assume responsibility or warrant the accuracy of the information contained herein. It is the sole responsibility of all parties engaging in business with ESSV to perform any necessary due diligence to ensure that all representations made are true and factual to said parties' satisfaction.
Los Cabos is a growing resort area and construction may occur at any time without notice. ESSV has no control over construction projects or schedules, however we will do our best to assist should there be an inconvenience.
LIMITATION OF LIABILITY
ESSV reserves the right to refuse business to any person(s) for any reason. By booking one of these vacations, you acknowledge that, in all events, ESSV shall not be liable for any consequential damages, and that the sole extent of ESSV liability shall never exceed the amount actually paid by you to ESSV. Each guest agrees on behalf of himself/herself (and your personal representatives, heirs, executors, administrators, agents and assigns) to release and discharge ESSV, its employees, agents, officers, directors and shareholders, from any and all claims or causes of action (known or unknown) arising out of the negligence of ESSV. This includes, without limitation, injuries or damages arising from ESSV's negligence which may occur in or around the accommodations, any activity engaged in by the guest, including but not limited to all activities listed above, and any negligent inspection, supervision, instruction, and/or maintenance by ESSV, defect in vehicles, breakdown in equipment, loss of utilities (including but not limited to water, electricity, propane, phone and internet service), accident, sickness, acts of God, strikes, terrorism, war, theft, delays, inconvenience, construction, cancellations, or changes in itineraries or schedules.
VENUE IN CASE OF DISPUTE
When booking a vacation to Mexico and using the services of ESSV, you acknowledge and agree that the proper legal venue for any dispute or claim regarding vacation arrangements made by ESSV shall be made in Mexico.
STATEMENT OF COPYRIGHT
© Copyright 1994-Present, Earth, Sea and Sky Vacations, Inc. (ESSV) All Rights Reserved. No portion of this site may be copied or reproduced without the express written consent of ESSV.
By making a reservation with and/or using the services of Earth, Sea & Sky Vacations, Inc., you agree to the terms and conditions shown herein.
The dolphin logo is a registered trademark of Earth, Sea and Sky Vacation.