Terms and conditions
where we reach a good agreement
When making a reservation, you agree to comply with all Terms and Conditions.
These Terms and Conditions set out the basis on which Whale Tales Hostel will provide accommodation, as well as other products and services at the Hostel to its Guests. These regulations have been authorized by the Secretaria de Turismo in exercise of the powers conferred by Articles 57 of the Federal Tourism Law and Article 6 of NOM_010_TUR_2001 and NOM-07 TUR-2002. By making a Booking at Whale Tales Hostel, the Guest agrees to observe and comply with these Terms & Conditions.
Expressions have the following meanings:
- "Guest" means the Customer and/or any other people included in a Booking;
- "Hostel" means Whale Tales Hostel, with the address at Calle Paseo Barlovento M35 L6 #386, Rosarito, San José del Cabo 23407, Baja California Sur;
- "No-Show" means a guest not arriving at the Hostel on the date of arrival of their Reservation without prior notice;
- "Reservation" or "Booking" are both used as ‘confirming or paying for a service in advance’, the service in this case being accommodation and/or use of facilities in Whale Tales Hostel;
- "Accommodation Agreement" or "Contract" are used when the Guest has made a Reservation and accepted the terms and conditions of the Hostel, therefore entering into a formal and legally binding agreement with the Hostel
GENERAL CONDITIONS
Once the Guest has made a booking and accepted the terms and conditions under which the Hostel will provide the services offered to the Guest, the Guest will be subject to the provisions of these regulations, considering it as a contract and will be obliged to comply with all its points.
The following regulations will be in force for the duration of the stay or during the provision of services provided by the Hostel to the Guest, this until the debt or expense derived from the provision of services to the Guest is settled.
The Hostel does not reserve the provision of its services to any person for reasons of race, religion, sexual orientation, physical or socioeconomic condition, or for any other reason.
The Hostel reserves the right to refuse admission to persons who threaten the safety of guests and/or employees, and who are under the influence of alcohol or any unauthorized drug.
The Hostel reserves the right to request the departure of any Guest who presents an aggressive, threatening or disrespectful attitude in any way, either to the Hostel staff or to its other guests, and may be reported to the competent authorities.
The Hostel is not obliged to apply any kind of discount. Therefore, promotions or discounts offered to the Guest will be at the discretion of the Hostel.
The Hostel reserves the rights over the programming of internal activities, recreational areas and other services offered, which may be changed or modified according to the operation and needs of the Hostel, without prior notice.
bookings
Guests may make reservations in advance through Whale Tales Hostel’s website or third party booking websites on which the Hostel is advertised. By booking through the Hostel's website, at the completion of the booking process, you will be presented with an email containing a printable booking receipt, with one or more booking confirmation numbers. These numbers should be retained by you and quoted in any future communication with Whale Tales Hostel.
In case the Guest would like to change or cancel the reservation made via our website, the Guest is required to contact the Hostel directly via email or phone number, providing the booking dates. Changes to reservations cannot be guaranteed and are subject to company policy and availability. If the Guest has booked via a third party booking website or an online travel agency, the only way to modify or cancel the reservation will be via direct contact with the third party booking website or online travel agency.
Guests are required to provide identification (ID or Passport) and information including, but not limited to, their name, surname, address, phone number and email address. In case no authorised credit card can be presented, Whale Tales Hostel reserves the right to deny entrance to the hostel.
Reservations are not required. However, Whale Tales Hostel can not guarantee the availability of rooms or other facilities for such bookings. Whale Tales Hostel does not accept walk-in reservations before 9 AM and after 9 PM.
AGE RESTRICTIONS
The Hostel accepts the stay and reservations of minors (starting from the year the minor turns 7) accompanied by a legal guardian and/or parent; only if the legal guardian and/or parent and the minor are accommodated in a private room. The legal guardian and/or parent must stay in the same room as the minor.
If the relationship status of the adult Guest and minor Guest is not clear, a completed parental consent form must be presented. Should there be any doubt regarding the authenticity of the parental consent form, the Hostel reserves the right to call the legal guardian and/or parent to confirm their identity.
The Hostel reserves the right to refuse admission of a minor in a dorm room, even if accompanied by a legal guardian and/or parent.
The Hostel reserves the right to change any reservations, without the Guest’s consent, if this reservation is made for a stay of a minor Guest + legal guardian and/or parent in a dorm room. The adaptation of the Guest’s Booking is subject to availability and using the daily rate of the private room. The Hostel will contact the Guest regarding the changes to the Booking. The Hostel reserves the right to charge all remaining costs related to the change of the reservation on the Guest’s card used to make the Booking; or the right to cancel the reservation, with or without refund, according to the cancellation policy of the Accommodation agreement.
Reservations of unaccompanied minors will be declined under any circumstances.
PAYMENTS AND FEES
The Hostel displays the different types of accommodation, the current lodging rates and regulations, in accordance with NOM_010_-TUR_2001, in the reception area. The amount of the lodging must be paid in full by the Guest in the local currency, in cash or with a valid debit or credit card; checks are not accepted as a form of payment.
Reservations in advance, whether online or in person are only valid with the guarantee of a credit card.
The Hostel reserves the right to demand payment at the beginning of the stay or periodically, at the discretion and convenience of the Hostel. In the event that the Guest does not pay the Hostel the full amount of the accommodation, the Hostel Management will automatically terminate the accommodation contract, demanding immediate eviction from the room.
Rates and prices quoted when making reservations only apply to accommodation unless otherwise stated. Additional charges may apply including, but not limited to food, drinks and other services the Hostel might be offering.
Any additional charges must be paid as they are incurred.
cancellation policy
You choose for a NON-REFUNDABLE BOOKING
When the Guest is 100% sure of their travel dates, the Guest can opt to book a non-refundable booking at a small discount. However, this rate offers no flexibility on the booking and non-refundable bookings can NOT be modified or cancelled. Full payment is required at the time of booking.
You choose for a STANDARD FLEXIBLE BOOKING
With a flexible booking, the Guest can cancel the reservation free of charge up to 72 hours prior to their arrival.
Flexible rates comprise a deposit, which will be the cost of the first night of the booking. The deposit amount is charged to the Guest’s credit card immediately and the remaining amount will be paid at check-in. Bookings made on this website can be canceled or modified by contacting the Hostel directly, up until 72 hours before the arrival date only.
If the Guest fails to give sufficient notice of cancellation or fails to arrive and therefore is a No-Show at the Hostel, the entire Booking will be deemed cancelled and the Guest must pay the Hostel an amount equal to the charges of the first night. The Hostel shall be entitled to collect the amount from the Guest’s credit or debit card used to make the Booking without further notice to the Guest.
Early check-out
The Guest pays for the whole stay during the check in procedure. If the Guest decides to leave the Hostel earlier than the dates on the Booking confirmation, then the cancellation policy of the Guests’ chosen booking type will apply.
In case of extenuating circumstances, the Hostel’s management retains the right to decide whether or not to forego the cancellation policy as a gesture of goodwill.
Whale Tales Hostel may at any time cancel the booking if:
- The payment details provided by the Guest are invalid and the Guest fails to provide alternative valid details.
- The information provided by the Guest in relation to the Booking is misleading or false (for example in relation to the identity of any Guest or the purpose of the stay)
- The Hostel reasonably believes that fulfilling the Booking might negatively affect the reputation or operation of the Hostel.
- In addition, Whale Tales Hostel may at any time cancel the Booking if the Hostel or the room(s)/bed(s) booked become unavailable due to circumstances outside the Hostel’s control (including without limitation: extreme adverse weather, industrial action, epidemic or pandemic, any law or any action taken by a government or public authority, natural disaster), in which case the Hostel will (at its election) either offer the Guest a refund or the option to rebook for a different date(s) (subject to availability) at no additional charge.
ADDITIONAL CHARGES
Guests are expected to treat Hostel’s property with care and avoid any excessive littering. The Hostel is entitled to charge the costs of repair in full of any excessive dirt and damages – also when discovered after the Guest's departure.
Any additional cleaning required for rooms, corridors, and shared facilities due to disorderly conduct such as diarrhea, vomit and other body fluids being in places where they don’t belong will be charged accordingly. A fixed 4000 MXN applies for all cases.
identification
All Guests staying at the Hostel will be required to register during check-in, indicating their name, address and defining the date of check-in and check-out from the Hostel, as well as the name and age of the persons accompanying them.
For security reasons, a valid official photo ID will be required from all registered Guests and their visitors at the time of check-in. The photo ID must also match the name on the reservation. The Hostel reserves the right to refuse admission to Guests who do not possess a valid photo ID. The data and personal information provided by the Guest to the Hostel will be collected, processed and stored under the terms and conditions of the Privacy Notice that was made known to the Guest at the reception or on the registration card and can be consulted at the following address: Privacy Notice.
ARRIVALS AND DEPARTURES
ARRIVAL and check-in
On the arrival day of the Guest, the room or dorm bed will be available starting from 3 PM. If the Guest arrives earlier, they may drop off their luggage in luggage storage anytime from 9 AM and collect it before 9 PM on the same day.
If the Guest arrives after 9 AM but before 3 PM, the Hostel staff will start the check-in procedure with the Guest and finish by granting the Guest access to the reserved room at 3 PM. Before 3 PM, the Guest may use all shared facilities of the Hostel and store their luggage in the storage area. If the Guest would like to have breakfast the day of arrival, an additional fee will be charged. Breakfast is included between 8 AM until 10 AM the day after the night’s stay at the Hostel.
Early check-in before 3 PM is subject to availability and at the discretion of the Hostel.
If a Guest plans to arrive before 9 AM or after 9 PM of their check-in day, the Hostel requests Guests to contact the Hostel in advance, to be able to arrange accessibility to the Hostel premises.
When the Guest checks in and accepts our terms, they are confirming that the information they are providing is true.
EXIT AND check out
On the departure day of the Guest, the room or dorm bed must be vacated by 11 AM.
The cost of accommodation is per night which will be calculated from 3:01 PM of one day to 11:00 AM of the following day and then with a one hour tolerance to vacate the room in its entirety. In case the Guest does not vacate the room on time, an additional day of lodging will be charged directly to his/her account.
A late check-out after 12 PM is subject to availability and at the discretion of the Hostel, an additional fee will be charged in case of a check-out after 12 PM.
Upon check-out, Guests are required to deposit their used bedsheets and towels in the correct laundry bin.
If Guests are leaving before 9 AM on their departure day, they are required to contact the Hostel’s staff a day in advance, before 9PM, to arrange for an early check-out.
If Guests are traveling later than check-out time, they are welcome to leave their luggage in luggage storage up until 9 PM of their check-out day. Guests may continue to use the shared facilities on the Hostel premises up until 9 PM.
NO PETS
The entrance of pets or animals is prohibited in the Hostel, with the exception of Guests who require the company of a guide dog or service animal due to a disability of the Guest, in accordance with the provisions of the General Law for the Inclusion of Persons with Disabilities of the United Mexican States
The Hostel requests Guests traveling with a service or guide dog to contact the Hostel directly before booking their stay.
GENERAL house rules
Guests are required to conduct themselves in a reasonable and responsible manner at all times when on Hostel property and must not act in any way which may disturb other guests. Any Guest who, in the opinion of the Hostel's staff, compromises the comfort, safety or security of other guests, staff or local residents will be asked to leave the hostel premises and will not be given a refund.
Guests shall respect and conduct themselves in accordance with all the regulations and rules of conduct established by the Hostel.
COMMON AREAS AND SHARED FACILITIES
In a semi-arid area such as the Los Cabos area in Baja California Sur, water can be scarce and the water supply is not always guaranteed. The hostel has two water tanks in case there is a water shortage, but Guests need to be aware of their water use at all times and the Hostel urges the Guests to keep showers short and turn off all taps when not in use.
Guests are to only flush human waste and toilet paper. Guests can use the bin provided for disposal of sanitary waste, this includes feminine hygiene products and “flushable” wet wipes.
Guests shouldn’t leave their personal belongings in the showers or shared bathrooms, the Hostel’s staff will remove anything they find into the ‘Found’ Box, which will be emptied into the ‘Free’ Box every new cleaning shift.
Non-guests are not permitted to enter the rooms, corridors or showers at any time.
Quiet hours are from 11 PM to 7 AM. The Hostel requires Guests to respect quiet hours in rooms and shared spaces and try to avoid making any noise during this time. Failure to maintain peace at night may result in a fine and/or immediate ejection from the property.
The Guest is required to use earphones if they want to watch video content or listen to music on their electronic devices. Any longer phone calls should be taken outside the shared room.
Guests are not permitted to throw items out of the window, hang clothes or fabrics out of the windows or doors. If a Guest needs to dry clothes, they can use the clothing lines provided outside in the garden.
Tampering with fire alarms, fire extinguishers and other damage to the property will result in a fine and termination of reservation with no refund. It is the responsibility of the Guest to familiarise with the fire escape evacuation routes displayed behind the room door.
Hostel staff reserve the right to enter any room at any time for any purpose.
All Guests are required to treat the hostel furniture with due care and in particular to prevent any serious dirt or damage. Please do not remove furniture or any inventory items (e.g. linen, chairs) from their respective rooms. Guests will be liable for any damage caused to Hostel property during their stay and will bear all associated costs.
Guests are encouraged to report any pre-existing damage immediately.
Any additional cleaning required for rooms, corridors, and shared facilities due to disorderly conduct will be charged accordingly.
ROOMS
A room’s maximum occupancy is limited to the number of beds indicated and the amount of paying guests in each room.
A Private Room booked for single use is for that individual only.
A Private Room with double bed hosts a maximum of two paying guests.
A 4-Bed Dorm Room hosts a maximum of four paying guests.
An 8-Bed Dorm Room hosts a maximum of eight paying guests.
Swapping beds or rooms is not permitted.
Please keep personal items organised in the shared room in a reasonable, clean and tidy state, limiting the spreading of personal belongings to the minimum. Lockers are provided to store excess luggage and personal items.
Please use the provided bedlinen at all times, a fine will apply if the bedlinen is removed. Using sleeping bags is strictly forbidden.
Bringing any additional guests into the room will result in cancellation of the Guests’ stay, removal from the property, and additional charges.
Any person caught in the room of a Guest, who has not been previously registered at the Hostel reception, will be sufficient reason for the Management to demand that person to leave the room or even the Hostel with the legal implications that this entails, if there is any wrongdoing arising from this action. The Hostel reserves the right to take legal action.
KITCHEN RULES
Breakfast is served from 8:00h to 10:00h.
The kitchen is open to Guests for cooking from 11:30h until 21:30h., Guests are not permitted to use the oven, stove and kitchen appliances outside of these hours.
Guests are required to adhere to the following rules:
- Keep the kitchen clean and organized at all times.
- Do not leave appliances unattended while in use. Unplug appliances and turn off the stove after use.
- Wash, dry and return used items to the cupboards / counter / wherever it is where they need to be.
- Respect other guests by cleaning up immediately after use.
- Please be courteous to other guests in the kitchen and avoid monopolizing appliances or counter space for extended periods of time.
- The Hostel provides cooking oil, pepper and salt for guests to use during their stay, as well as free filtered tap water and free coffee and tea in the designated coffee corner.
- Guests may store their own food in the guest fridge & designated storage areas, provided it is clearly labeled with their name and departure date. Labels and pens are available in the kitchen area.
- Every Monday, Hostel staff will deep clean the guest fridge and remove unlabelled or expired food, as well as food belonging to guests who have checked out.
- Food and drinks are only allowed in the Common Areas - which includes the Kitchen, Common room and Outdoor Areas - with the only exception of drinking water, which is allowed in all areas of the hostel, including the Dorms and Private Rooms.
NO FOOD IN DORMS OR PRIVATE ROOMS
For hygienic reasons, food and drinks are only allowed in the Common Areas (Kitchen, Common room and Terraces), with the only exception of drinking water, which is allowed in all areas, including Dorms and Private Rooms. All food should be stored in the fridge or designated storage areas in the kitchen and need to be labeled with the name and departure date of the Guest. Food without a label will be discarded.
FREE WIFI
The use of WiFi internet service is provided free of charge to all of our guests throughout Whale Tales Hostel. Please ask for the password at the Front Desk. Using a shared Internet access requires a “fair use” of bandwidth and download amount. Non-observance of this agreement leads to a “traffic embargo” or a complete block for the user. All Internet content access is made entirely at your own risk and you are responsible for ensuring that any accessed material does not infringe the international laws governing, but not exhaustively covering, copyright, trademarks, pornography, or any other illegal, offensive or defamatory material.
NO DRUGS, NO WEAPONS
The use and possession of drugs (including weed) or weapons are strictly prohibited, any violation of this house rule will result in immediate ejection.
Any Guest found using, or in the possession of drugs or with weapons inside the building will be asked to leave the premises immediately. In any event, the relevant authorities will be notified. A refund will not be issued for the stay.
NO SMOKING
Smoking (including vapors & E-cigarettes) is not permitted in the hostel building. A designated smoking area in the hostel garden will permit the use of cigarettes, vapors and E-cigarettes, only if smoked within this area.
Failure to adhere to the non-smoking policy in the hostel building shall result in the Guest being charged for any and all costs incurred by the Hostel in cleaning the room and restoring it to a smoke-free environment, as well as all and any cost incurred by the response of the Fire department. The Guest will be asked to leave the premises immediately. A refund will not be issued for the stay.
NO DISCRIMINATION NOR AGGRESSION
Any discriminatory behaviour and/or harassment of groups or individuals, in particular based on gender, ethnicity, sexual orientation, religion/belief, age, appearance or social origin, is not permitted and will result in immediate ejection from the Hostel, with no refund given.
The Hostel has a zero-tolerance policy on acts of aggression and violence towards both its staff and other guests. Aggression and violence will result in a fine and immediate ejection from the Hostel, with no refund given, the authorities will be notified.
PERSONAL BELONGINGS AND LOST OBJECTS
Each bed is equipped with a personal locker for storing valuables. It is the Guests’ responsibility to ensure that their belongings are always secure. The Hostel accepts no liability for the loss, theft, or damage to Guests’ property. Guests can either bring their own padlock or buy one at our reception.
Guests are required to only use the locker assigned to their bed. If the Hostel finds out during inspections that the Guest is using multiple lockers or lockers assigned to another Guest, the Guest will be charged a 1000 MXN fine.
Items lost or left behind in the Hostel which are found by a Guest, must be returned to the Hostel staff as soon as possible. Whale Tales Hostel acquires ownership of objects, of which the rightful owner has not reported to the Hostel within 14 days after their stay.
If the Hostel sends objects left behind by the Guest to the Guest, this shall take place entirely at the risk, responsibility and expense of the Guest. The Guest must arrange a pick up of their belongings for shipment, during Hostel opening hours only. The Hostel shall never be held to proceed with despatch.
LIABILITY
Except in relation to death or personal injury caused by our negligence, the Hostel’s liability remains, always, limited to the value of the services booked, excluding any amendment charges paid to the Hostel.
In case of death of the Guest, relatives or companions must immediately notify the management of the Hostel in order to notify the Public Prosecutor's Office on duty to order what is required by law and so that relatives or companions can dispose of the body, which may not be moved from the area until the corresponding authority authorizes it.
The Hostel is not responsible for the prices and quality of the services provided by Third Parties that are offered inside or contracted outside the Hostel facilities: travel agencies, medical services, handicrafts and souvenirs, transportation services, workshops, among others. Likewise, the Hostel reserves the right of admission to Third Parties who intend to provide services within the facilities of the Hostel.
Minors are at all times the responsibility of the adult Guest and must ensure their safety, making sure that during their stay they do not cause any disturbance to other guests or damage to the integrity of the facilities of the Hostel. The Guest will be responsible throughout their stay for any accident that the minor may suffer within the facilities of the Hostel.
Should a Guest become ill, the Hostel Management is empowered to require immediate medical attention, and if the illness is contagious, the Hostel Management will notify the coordinated public health services for appropriate action. The Guest will be responsible for the payment of the medical service, transfer or any type of care received.
CIVIL LIABILITY
In compliance with the official Mexican standard NOM-010-TUR-2001 and NOM-07 TUR-2002, the Guest has a civil liability insurance policy in force for the duration of their stay and whose loss has occurred within the Hostel facilities.
REFUNDS
In the event of Force Majeure (governmental action, hurricanes, transportation interruption, terrorist attack, acts of God…) affecting the Guest’s booking, Whale Tales Hostel is unable to refund customers, and the Hostel reserves the right to receive any outstanding payments in connection to their confirmed booking.
ERRORS AND OMISSIONS
Any omission or error in sales literature, web pages/sites, order form, quotation, price list, order acknowledgment, dispatch note, invoice, or other documents issued by the Hostel may be corrected by the Hostel without liability. The Hostel will advise the Guest of any changes at the time of booking or as soon as is reasonably possible thereafter.
LEGAL
In cases not foreseen in these regulations, the provisions of the Lodging Establishment Regulations in force, the Federal Tourism Law, the Mexican Official Standard and other applicable legal provisions shall be followed.
TERMINATION OF THE ACCOMMODATION AGREEMENT
The following are grounds for termination of the Contract by the Guest:
- Failure by the Hostel to comply with the terms and conditions of the Accommodation agreement.
- Attempt against the physical and moral integrity of the Guest by employees of the Hostel. In such cases, the Hostel will only reimburse the Guest the amount of the advance payment, minus the charges already generated by the room and other consumptions, which must always be paid to the Hostel.
The following are grounds for termination of the Contract without liability for the Hostel:
- Failure by the Guest to comply with the terms and conditions of the Accommodation agreement and these regulations.
- For failure to pay in due time and form the total amount generated by the provision of services made by the Hostel to the Guest.
- In the event that the Guest is intoxicated or under the influence of any type of illegal enervating substance and disturbs the rest and tranquility of the other Guests or incurs in breaches of morals, good manners or aggression to any employee of the Hostel.
- Attempt against the physical and moral integrity of the other Guests and employees and their belongings.
- Partially or total damage of the facilities, equipment and furniture that the Hostel makes available to the Guests or their guests. In case of incurring any damage, the Guest is obliged to pay the Hostel the cost of repairing or replacing any object, furniture or material property of the Hostel that has been damaged in whole or in part, either by carelessness or intentionally. The Guest must report to the Hostel staff any damage to their room immediately after they have taken possession of it (broken glass, scratched furniture, burnt furniture, etc.) Failure to do so may result in the Hostel being held responsible for the damage.
- Facilitating access to guests or pets from outside the Hostel to use the facilities and enjoy the privileges enjoyed by the Guest, without prior authorization registered at the Hostel reception.
- To steal any equipment, furniture or protected species owned or located within the facilities of the Hostel.
- Carrying any type of weapon or illegal substance that endangers Guests and/or staff of the Hostel.
- The Guest will be responsible for compensating for any type of physical or moral damage intentionally caused to third parties within the Hostel facilities and will be referred to the competent authorities.
In the event that the Hostel terminates the Accommodation agreement for any of the aforementioned reasons, the Hostel shall be entitled to demand and carry out the eviction from the room assigned to the Guest, and may make use of public force and retain the luggage of the Guest to guarantee the damages caused to the Hostel, without prejudice to the Hostel charging the credit card on file to guarantee the payment obligations to be borne by the Guest.
CAMERAS
The Guests’ comfort and security are the Hostel’s highest priorities, therefore the Hostel has CCTV installed in common areas and public spaces. The Hostel will use the recordings to identify anyone responsible for violating the Hostel rules. If necessary, the Hostel will also provide these recordings to the authorities. The images and video data collected by cameras in the Hostel will be processed and stored under the terms and conditions of the Privacy Notice that was made known to the Guest at the reception or on the registration card and can be consulted at the following address: Privacy Notice
