GENERAL TERMS AND CONDITIONS
CBACHOICE S.U.R.L also working under the brand names CUBACHOICETRAVEL acts as intermediary between transportation companies, hotels, and any other provider or individuals and the clients The present General Terms and Conditions shall determine-subject to additional supplement agreements-the contractual relationship between CBACHOICE S.U.R.L and the client. Any deviating terms of business of clients are hereby expressly excluded. Offers from CBACHOICE S.U.R.L are mainly addressed to entrepreneurs, such as tour operators, travel agencies, and independent travel planners, and travel designers, incentive -& MICE agencies, corporate companies, cruise ship companies among others. In case that the contract partner is the traveller himself the term client mentioned in the GTCs below also apply to the traveller
Each traveller is responsible for carrying a valid passport and possessing any required visa(s) for his journey. The organizer CBACHOICE S.U.RL is exempt from any liability should a traveller be deported or refused entry for not meeting entry requirements or passport irregularities. The traveller will be responsible for any of the costs as a result of this, according to our established cancellation policies and voluntary withdrawal from our services. It is incumbent on the client alone to notify his travellers in due time on the pertinent passport, visa and healthcare regulations, as well as any amendments thereof.
At the time of rental, the driver must present a valid national driver´s license that has been held for at least 1 year and he must be at least 21 years old. An international Driving Permit (IDP) is highly recommended for non-European Union renters. Further a photo ID passport, etc along with a valid credit card are required.
After receiving payment in full on reservations made by the client (e.g. hotels, excursions, round trips, etc) the vouchers for the booked services will be handed over at the airport or deposed at the hotel or sent before by e-mail. Travellers are required to present these vouchers at the hotels or to our tour guides.
All the hotels on our tours have been carefully selected according to availability. Internet in the hotels has to be paid separately; it is not included in the room rate. Most of the hotels offer non-smoking single, double or twin rooms. Triple rooms are not standard. However, upon request an additional (smaller)/ separate bed may be provided. Check-in time is usually at 2pm and check-out at noon. All hotels selected for the programs are subject to change. If a change becomes necessary for any reason, travelers will be accommodated in hotels that are equivalent in service and price category as those listed.
Transportation on our tours is conducted by car, minivan, microbus, and minibus or tour bus, depending on the number of passengers. If the number of participants confirmed on a tour is small, CBACHOICE S.U.R.L reserves the right to conduct transportation in a passenger vehicle or minivan driven by the guide, in order to comply with our guaranteed departure dates.
For their tours within Cuba, each traveller is entitled to bring one medium-sized piece of luggage, with a maximum weight 30kg and one piece of hand luggage (up to 12kg), free of charge. Transportation of excess luggage is subject to space availability and clients must inform about the excess of luggage (e.g. in case of a business class flight) in advance. If the excess luggage exceeds the capacity of the vehicle and CBACHOICE S.U.RL has not been informed before, the traveller has to pay for extra transportation (e.g. taxi or bigger vehicle) Luggage will be transported at the owner´s risk. CBACHOICE S.U.R.L is not responsible for loss, theft, or damage to the luggage during the trip. We recommend the travellers remain present at all times when their luggage is being handled. In case of air, river, or sea transportation of luggage, the specific conditions of the transportation companies apply as set out in the passenger´s ticket. In case of loss or damage, we recommend filing an immediate compliant to the company (e.g. airline) responsible for transportation. CBACHOICE S.U.R.L will assist in case of lost luggage but cannot pick-up lost luggage on behalf of the traveller at the airport. Travellers should wait until the airline has delivered the lost luggage to their hotel or accommodation or must pick-up the luggage themselves at the airport. Any costs involved (e.g. taxi to and from the airport) have to be paid by the travellers. We would remind travellers. We would like to remind travellers that they responsible for their belongings.
Travellers will be accompanied by a tour guide or a driver (depending on the booking) during the entire travel program, except if they have only booked accommodation or domestic flight or a rental car. We will provide a tour guide/driver guide who speaks the language which has been requested by or agreed with the client and finally been confirmed by CBACHOICE S.U.R.L during the booking process. All our guides/driver guides have experience and are specially trained for each travel program. If the clients have booked a self-drive tour with a rental car, travellers will not be accompanied by a guide/ driver guide or driver.
SPECIAL CONDITIONS FOR CHILDREN
In general (to be confirmed prior to booking) children younger than 1 year will have a reduction of 90% or more of the total fare and children between the ages of 2 and 11 years will receive a 25% discount, if sharing accommodations with their parents or 2 adults. There is only one child permitted in a double or twin room. Any exception must be mutually agreed during the booking process.
All reserved services require payment in full prior to arrival date, according to the following conditions:
100% payment 30 days prior to arrival
In case of groups, incentive groups, special interest tours, conferences, cruise ships a 10- 50% payment upon confirmation can apply (in case of air tickets up to 100%) or there can be other payment conditions depending on the provider. CBACHOICE S.U.R.L will inform in advance if there are special payment conditions.
CBACHOICE S.U.R.L reserves the right to refuse any clients who fail to comply with these conditions.
Payments should be made via bank transfer on our bank account in Mexico and Cuba or via credit card (MASTERCARD or VISA) or (CUBAN METROPOLITAN CARD). Fees for bank transfers must be paid by the client.
In the event advance payments or the total respectively remaining amount is not paid by the client within the period agreed upon, CBACHOICE S.U.R.L may refuse performance and after a reasonable grace period granted, withdraw from the contract once the service was not yet performed. In such event, CBACHOICE S.U.R.L shall invoice client cancellation costs in accordance with our cancelation below.
CHANGES IN PRICES
There are certain cases in which prices already fixed in our CBACHOICE S.U.R.L programs may have an increase for special reasons such as for example:
Price increase by transport companies (related, for instance, to the increase in the fuel price)
Increase of Government taxes (for example value added tax or custom duties or increase of airport tax)
Fluctuation of currency exchange rates (5% and more)
Considerable increase on prices by the service providers (for instance unexpected changes of hotel contract during a season)
Obvious mistakes in our programs
In case that CBACHOICE S.U.R.L should increase prices due to any of the above-mentioned reasons (increase of 5% or more), clients will be notified at the latest within 21 days prior to the date of the arrival date. If the price increase is higher than 10% of the initially agreed price, the client has the right to cancel the contract without cost at all (within 5 days of receiving said notice). In such case, all payments already made would be refunded within a period of maximum 30 days. In this case clients do have the possibility to book one our alternative programs or itineraries. CBACHOICE S.U.R.L is very committed to realize the wishes of clients according to our possibilities and will refund all payments already executed.
AMENDMENT OF SERVICES
CBACHOICE S.U.R.L is entitled to amend contracted services in case of serious reasons, which occur after contracting, and make such amendment inevitable. No amendments or deviations shall be admissible which substantially affect the overall character of the performance respectively the package services- or are unacceptable for the client in consideration of mutual interests, or discriminatory under the principle of good faith. Warranty claims shall remain unaffected as far such amended services are flawed with defects. CBACHOICE S.U.R.L shall inform the client immediately about alterations contemplated in a sentence 1 of this term.
Cancellations should be made in written form. The general cancellation costs are as follow:
Upon confirmation to 46 days of arrival: min. 50 EUR or DOLLAR per person (max 150 EUR or DOLLAR for the whole booking)
Cancellation 45 to 30 days before arrival 30%
Cancellation 29 to 22 days before arrival 40%
Cancellation 21 to 15 days before arrival 50%
Cancellation 14 to 08 days before arrival 60%
Cancellation 07 to 02 days before arrival 80%
Cancellation 24 hours or less before arrival or No show 100%
Please note the very strict terms on the modifications or cancellation of airlines and their fares, could ascend to 100%. The client would be charged the cost fixed by the airline including our amendment fee- which would be added to the invoice. Airlines can also set high penalties for modifications on the flight booking or for cancellations. If travellers do not make use of their flight (No show), the flight will be not refunded
In case of groups, incentive groups, special interest tours, conferences, cruise ships and air tickets special payment and cancellation conditions may apply by the providers (e.g. hotels) which can be stricter than our regular cancellation conditions. In this case the client will be notified during the booking process.
WE STRONGLY RECOMMEND TO BUY TRAVEL INSURANCE, WHICH PROTECTS THE TRAVELLER(S) IN CASE OF A CANCELLATION
Name change of traveller (costs per person)
Up to 15 days before arrival: no costs*
From 14 days before arrival: EUR 50*
*In case providers (such as hotels, airlines, etc) charge more, additional fees may apply. In some cases providers do not allow name changes and a new booking has to be made. Clients will be informed during booking process.
NUMBER OF PARTICIPANTS
CBACHOICE S.U.R.L reserves the right to cancel a tour if the minimum number of travellers required for a specific travel program hasn´t been reached 30 days prior to departure. CBACHOICE S.U.R.L will notify the client immediately of the reason for the cancellation. The client will be offered another travel program or a full refund of the amount already paid.
CHANGES IN RESERVATIONS
Any changes in reservations that have been previously confirmed (arrival or departure date, travel conditions, etc) that occur longer than 30 days before the planned execution of services are subject to a EUR 50 fine, or more if CBACHOICE S.U.R.L proves having incurred higher expenses. Claims for a change of booking by client made within 30 days before planned execution of services can be honored –if at all- only by way of withdrawal and simultaneous new booking. This shall not apply to claims of changes involving minor costs only. If a traveller wishes to alter the trip significantly during the journey, any changes will need to be confirmed and a EUR 70 fine applies, or more if CBACHOICE S.U.R.L proves having incurred higher expenses. The traveller will also be responsible for any possible costs charge by service providers as a result of any cancellations or changes. Airlines set their own strict penalties related to amendments, replacements, etc, before and after issuing plane tickets/ e-tickets. This type of occasional expenses together with the amendment fee would add to clients invoice.
TERMINATION RIGHT OF CBACHOICE S.U.R.L
CBACHOICE S.U.R.L may terminate the present contract without notice in the event that travellers seriously disturb the travelling despite a warning by CBACHOICE S.U.R.L or misbehave in such manner which justifies an immediate withdrawal from the contract. In the event of a termination by CBACHOICE S.U.R.L, the latter is still entitled to receive the payment of the price, to be set off against saved expenses and such benefits as obtained from a different use of unclaimed services-including any amounts credited by the service providers.
FORCE MAJEURE/ACT OF GOD
If the service, which is contractually agreed, cannot be delivered because of an Act of God, such as a war, strike, catastrophes, etc or because of imminent danger, such as the rising or falling water/ sea levels etc, both CBACHOICE S.U.R.L and the client have the right to withdraw from the contract CBACHOICE S.U.R.L may claim a reasonable compensation of provisions and expenses incurred so far –depending on the respective total price. Client is not entitled to any compensation.
NOT INCLUDED SERVICES
Generally not included, if not mentioned differently: Porter service, meals and beverages, insurances, tips, personal expenses, not mentioned entrance fees.
Travel insurance is not included in our tours. We recommend purchasing travel insurance in the home country of the traveller prior to the journey such as travel accident insurance and baggage insurance.
CBACHOICE S.U.R.L assumes no liability and will not consider any complaints in case of a discrepancy between written and verbally provided information and/ or prices. In that case the written information applies, respectively any additional agreements, which were concluded in electronic form explicitly regarding this.
In case of non-compliance with any part of our program we request that clients inform their guide or other representative of CBACHOICE S.U.R.L or contact of CBACHOICE S.U.R.L immediately via the emergency number (mentioned in the travel documents) so that CBACHOICE S.U.R.L can find a solution as quickly as possible. It is also necessary to provide a written statement of the non-compliance immediately and still upon the spot. Please allow the company a reasonable amount of time to respond the client’s complaint. If this doesn´t occur, the burden of proof of any complaint rests with the client CBACHOICE S.U.R.L is committed to responding to all letters or complaints received within 30 days of the end of the travel program. CBACHOICE S.U.R.L will not address any complaints received after this time period. CBACHOICE S.U.R.L is the first private tour operator in Cuba, but it is still on under the economic system of the country, that´s why we are also mediators between Cuban providers (e.g hotels, transport, Cuban incoming companies, Cuban incoming agencies) and foreign companies, such tour operators, travel designers, incentive and MICE agencies, corporate companies, cruise ships companies etc.
CBACHOICE S.U.R.L accepts any claim in case of complaints only to the amount/extend, which will be accepted by the official provider in Cuba who executed the services.
By statute, CBACHOICE S.U.R.L shall be liable for damage to life, the body and health resulting from the intentional or reckless breach of duties by CBACHOICE S.U.R.L, his statutory representatives or vicarious agents. CBACHOICE S.U.R.L shall also be liable for damage not covered by sentence 1 but resulting from intentional or reckless breach or duties by CBACHOICE S.U.R.L- in line with the pertinent statutory regulations. CBACHOICE S.U.R.L is not liable for changes on the itinerary due to delayed flights or strikes, due to Force Majeure/ Act of Gods events, Government measures or delays by service providers that are not related to CBACHOICE S.U.R.L is not liable for additional expenses that may occur from delayed flights. In the case that travellers miss their scheduled flight, the travel agency would not be liable. CBACHOICE S.U.R.L is willing to assist coordinating the services in order to find a new flight.
Client keeps CBACHOICE S.U.R.L indemnified against any claim, which third parties may assert against CBACHOICE S.U.R.L and which is based on circumstances that are situated in the sphere of the client.
CBACHOICE S.U.R.L is a mediator between Cuban providers (e.g hotels, transport, Cuban incoming companies, Cuban incoming agencies) and foreign companies, such tour operators, travel designers, incentive and MICE agencies, corporate companies, cruise ships companies etc.
CBACHOICE S.U.R.L accepts any claim in case of complaints only to the amount/extend, which will be accepted by the official provider in Cuba who executed the services.
Subject to other individual agreements, the entire covenant between CBACHOICE S.U.R.L and the client shall be governed by Cuban law. Exclusive jurisdiction for all the claims resulting from or related to this contract is agreed upon to be the domicile of CBACHOICE S.U.R.L. Any invalidity of individual provisions hereof shall not result in the invalidity of the contract as a whole