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Terms of Service

Baja Is You Effective Date: June 2023 Last Updated: June 2026

These Terms of Service (“Terms”) govern your access to and use of the website, booking services, concierge services, tours, transportation, property management, and all related products and services (collectively, the “Services”) provided by “Baja Is You” with operations based in Los Cabos, Baja California Sur, Mexico (“Baja Is You,” “we,” “us,” or “our”).

By accessing our website, requesting a quote, submitting a booking, or completing a payment, you (“Client,” “you,” or “your”) acknowledge that you have read, understood, and agree to be bound by these Terms.

1. Definitions

  • Experiential Services — tours, yacht and boat charters, transportation, activities, wellness sessions, adventure experiences, and any service delivered on a scheduled date that is capable of being rescheduled.
  • Perishable & Produced Goods — food and beverage, cakes, custom culinary items, floral arrangements, décor, balloons, signage, and any item that is consumed, perishable, or custom-produced for a specific event or date.
  • Third-Party Vendor — any independent operator, supplier, tour company, chef, captain, property owner, or service provider engaged to fulfill any portion of your booking.
  • Booking — a confirmed reservation of one or more Services secured by deposit or full payment.

2. Role of Baja Is You (Intermediary / Agent)

Baja Is You operates as a luxury concierge and booking agent. For many Services — including but not limited to villa and condo accommodations, yacht charters, chef services, tours, and adventure activities — we act as an intermediary and agent that arranges and coordinates Services delivered by independent Third-Party Vendors.

Where Baja Is You acts as agent, the Third-Party Vendor is solely responsible for the operation, safety, quality, and delivery of its Service. Baja Is You does not own, operate, or control these vendors and is not liable for their acts, omissions, defaults, delays, or any injury, loss, or damage arising from their Services. The Client’s contract for the delivery of such Services is with the Third-Party Vendor, subject to that vendor’s own terms.

3. Quotes & Pricing

All prices are listed in USD. Charges to credit or debit cards will be processed in Mexican Pesos (MXN). The final amount in USD may vary depending on your bank’s exchange rate on the day the transaction is processed. The USD amount reflects a prorated seasonal exchange rate applied at the time of quoting and may vary slightly at the time of processing.

Services will be confirmed and planned according to the final itinerary approved at the time the deposit is received. We kindly ask that you review all details carefully to ensure everything is exactly as desired. Any modifications requested after this stage will be accommodated based on availability, cannot be guaranteed, and may be subject to additional charges.

4. Payment Terms

  • A 100% upfront payment is required if only Yacht services or shuttle transportation is hired, or if the total amount for activities is under $500 USD.
  • For all other bookings, a 50% deposit is required to secure your Services and tours. The initial deposit must be sent within 48 hours of receiving the payment link, or a new link must be requested.
  • Services will not be provided without full payment in advance.
  • Final payment must be completed before your check-out date.
  • We accept wire transfer, cash, and credit or debit cards.

4.1 Card Processing Fee

All card transactions incur a 4.06% fee on the service price. This fee is disclosed prior to purchase and is applied at the time of payment. By proceeding with card payment, you acknowledge and accept this fee.

5. Cancellation, Rescheduling & Refunds

5.1 General

Cancellation and booking policies for individual Services are determined by each Third-Party Vendor. The Client acknowledges and agrees to comply with the applicable terms for each Service, as communicated via email or text at the time of booking.

5.2 Standard Cancellation

Cancellations for scheduled activities must be made at least 72 hours prior to the arrival or activity date. Where a Third-Party Vendor imposes its own cancellation policy, that policy governs and supersedes the 72-hour standard. Vendor-specific policies are communicated to the Client in writing prior to or at the time of booking, and the Client agrees to be bound by them. Deposits and No-Shows are non-refundable.

5.3 Weather Cancellations — Experiential Services

If an Experiential Service (e.g., yacht charter, tour, activity) is cancelled due to weather, it may be rescheduled to a later date subject to availability. Refunds are not available for weather cancellations; the value is preserved as a rescheduled booking.

5.4 Perishable & Produced Goods

Perishable & Produced Goods are non-refundable and non-reschedulable once production has begun or the item has been prepared. Because these items are consumed or perish on the original date (for example, a completed cake, prepared catering, or installed floral and décor), they cannot be moved to a future date even if the associated Experiential Service is rescheduled.

Example: If a yacht charter with onboard catering and a custom cake is cancelled due to weather, the charter may be rescheduled, but the cake, food, beverage, and any prepared décor are not refundable or reschedulable.

5.5 Events, Décor & Celebrations

In the event of a cancellation within 5 days of a scheduled event, décor installation, or celebration, we will make every effort to accommodate a rescheduling request, subject to availability. Rescheduling cannot be guaranteed. Perishable & Produced Goods within such bookings remain non-refundable and non-reschedulable per Section 5.4.

6. Property Access

Booking transportation services does not guarantee immediate access to your villa or condo. Early check-in must be confirmed directly with the property manager by the Client prior to arrival. Baja Is You is not responsible for access delays arising from a property owner’s or manager’s check-in policy.

7. Assumption of Risk & Limitation of Liability

Certain Services involve inherent risks, including but not limited to water activities, boating, hiking, canyon walks, horseback riding, off-road transportation, and other adventure or outdoor experiences. By participating, the Client and all members of the Client’s party voluntarily assume all such risks, including the risk of personal injury, illness, property damage, or death.

The Client is responsible for confirming that all participants are physically fit and able to participate. Participants engage in all activities at their own risk.

To the maximum extent permitted by applicable law, Baja Is You’s total aggregate liability arising out of or relating to any booking shall not exceed the total amount paid by the Client for the specific Service giving rise to the claim. Baja Is You shall not be liable for any indirect, incidental, consequential, or punitive damages. Nothing in these Terms limits liability that cannot be limited under applicable Mexican law.

We strongly recommend that all Clients obtain comprehensive travel and medical insurance prior to travel.

8. Force Majeure

Baja Is You shall not be liable for any failure or delay in performance caused by events beyond our reasonable control, including but not limited to weather, hurricanes, storms, natural disasters, road or port closures, government or regulatory action, strikes, illness or pandemic, vendor default, power or communications failure, or acts of God. In such events, rescheduling will be offered where the Service is capable of being rescheduled; Perishable & Produced Goods remain governed by Section 5.4.

9. Client Responsibilities

The Client agrees to provide accurate booking information, comply with all vendor and venue rules, respect property and equipment, and ensure the lawful conduct of all members of their party. The Client is responsible for any damage caused by themselves or their party during the delivery of any Service.

10. Charge Authorization & Acceptance

By completing payment for any Service, the Client confirms the following:

The total amount authorized is for the consumption or service purchased from Baja Is You and detailed in the approved itinerary. I accept that there are no cancellations or refunds beyond those expressly provided in these Terms, and I am aware that the charge remains 100% under my responsibility. I confirm acceptance of the purchase and authorize the total charge. I agree not to initiate any unwarranted complaint or chargeback, as I have agreed to and received the Services that Baja Is You provided.

This authorization serves as the Client’s affirmative acceptance of the Services rendered and the charges applied.

11. Governing Law & Jurisdiction

These Terms are governed by the laws of Mexico. Any dispute arising out of or relating to these Terms or any booking shall be subject to the exclusive jurisdiction of the competent courts of Los Cabos, Baja California Sur, Mexico, and the Client expressly waives any other jurisdiction that may correspond by reason of present or future domicile.

12. Privacy

Your use of the Services is also governed by our Privacy Policy, which describes how we collect, use, and protect your information.

13. Acceptance of Terms

By submitting a booking, completing a payment, or checking the acceptance box at checkout, you confirm that you have read, understood, and agree to be bound by these Terms of Service, including the cancellation, payment, assumption of risk, and charge authorization provisions above.

For questions regarding these Terms, contact info@bajaisyou.com.