02

Booking Conditions

1. Scope of application
These General Terms and Conditions (herafter „GTC“) govern the legal relationship between the tour operator Caribbean Tours USA LLC – a brand of Caribbean Tours AG (hereafter “TO”), its affiliates and the tour participants as well as third parties booking tours for tour participants or acting as agents for tours (hereafter “Customer(s)”) for all services provided by TO, in particular the organization of excursions (hereafter “Tour(s)”) and their guiding as far as tour guiding is not provided by third-party providers. For all activities of third-party providers, TO merely acts as an agent; however, such activities are carried out in the name of and according to the terms and conditions of the third-party providers. The present GTC form an integral part of any individual contract independently of the medium through which the contract is closed.

2. Conclusion of contract / of booking
Bookings can be made through different distribution channels (internet, travel agency, hotel, visitor information, etc.) by telephone, e-mail, fax or in person. For participation a booking must be confirmed in writing. Otherwise, TO may exclude the participant and, in case of minors, also their accompanying person (see section 7) from the Tour. On the occasion of the booking, Customers shall inform TO of their credit card details. If bookings for Customers are made by third parties (including bookings of Customers for other Customers), such third parties are liable both for payment of the booked service and Customers’ agreement to these GTC. The contract between the Customer or the third party making the booking, respectively, and TO is concluded with the unconditional acceptance of the booking by TO. Through the booking, the Customer as well as any third party making the booking accept the present GTC as binding. TO will not accept any non-binding reservations.

3. Rates and terms of payment
The Tour Price per person (hereafter “Tour Price”) is quoted or published in US dollars. All prices are quoted excluding VAT. Where applicable, VAT will be added to the final Tour Price. Prices are subject to change according to section 6. a 30% deposit is due at the time of booking, the full amount, 100% 30 days before the start of the Tour. Payments may be made by credit card, check or bank transfer. Payments by credit card will incur a 3% surcharge. Bank fess for transfers and wires must be reimbursed by the client. Checks used for payment must arrive at the companies postal address on or before the due date.

4. Cancellations / Changes in bookings by the customer
TO does not offer any cancellation insurance.

4.1 Regular Tours (Seat-in Tours) – Cuba: Support of the Cuban People elements/modules, Day Trips
Regular Tours can be cancelled up to 48 hours before the Tour start free of charge. In case of cancellation less than 48 hours before the Tour start and in case of no-show, the full Tour Price per customer is due.

Changes in bookings (i.e. change to another Tour, change of the customer name or of the Tour date) are possible depending on the Tour up to 24 hours and 72 hours before the Tour start. In case of changes in bookings between 48 and 24 hours before the Tour start, a service fee of USD 50 per change is charged in addition to any additional costs of the Tour or differences in price. Exception: Tours which need passport information minimum of 90 days in advance. Service fees are due before the Tour starts. Changes in bookings less than 24 hours before the Tour start are not possible.

The terms of cancellation / changes in bookings as mentioned above also apply to bookings that are made less than 48 hours before the Tour start.

4.2 Private Tours, Cuba: People to People Group Travel
Cancellations and changes in bookings (i.e. any change in the Tour, in the number of customers or in the Tour dates) must be made in writing (including fax or e-mail) and are not legally binding until confirmed by TO in writing. For any change of booking a handling fee of USD 50 in addition to any additional costs of the Tour or price differences is due. In case of cancellation the following fees apply:

Up to 90 days prior to the Tour start: a handling fee of USD 100
90 to 10 days prior to the Tour start: 30% of the cancellation amount, at least 100 USD
09 to 04 days prior to the Tour start: 50% of the cancellation amount, at least 100 USD
03 – 0 days prior to the Tour start: 100% of the total amount of the initially booked Tour
Additionally, any bank or credit card fees will be subtracted from the refund.
These times are independent of when the Tour is booked.

Any deviating terms of cancellation are communicated by TO in the confirmation of booking.

Acceptance of any changes in private Tours previously confirmed by TO is at TO’s discretion.

5. Cancellation by TO
It is at TO’s discretion to cancel a Tour that is jeopardized, considerably hindered or made impossible due to force majeure, meteorological hazard, official measures, political disturbances, strikes, demonstrations, difficult traffic conditions, closed roads or similar unforeseeable events or extraordinary circumstances mentioned herafter. The same applies if the minimum number of participants is not reached, which may vary from Tour to Tour. The Tour Price that has already been paid will be refunded, further compensation claims are excluded.

6. Changes in Tour Prices or services, cancellation or modification of Tours
Price, respectively, cancel or modify a Tour in case of extraordinary circumstances.
Extraordinary circumstances are in particular:
– changes in the rates of third-party providers, e.g. of transportation companies
– newly introduced or raised taxes, charges or fees, changed government regulations, in particular regarding the US embargo of Cuba

Changes in Tour Prices in case of extraordinary circumstances are communicated whenever possible 2 weeks prior to the Tour start at the latest. If the difference between the new and the initial Tour Price exceeds 10%, the Customer is entitled either to withdraw from the contract upon written notice within 5 days after communication of the change in Tour Prices against full refund of any Tour Price already paid or to book an alternative Tour of TO in the value of the initially booked Tour without any rebooking fee. Further compensation for damages is excluded.

TO reserves the right to change or cancel the Tour program at any time, prematurely curtail the Tour or offer alternative solutions in case of extraordinary circumstances. Any additional costs of the Tour shall be borne by the Customer. TO undertakes to immediately inform the Customer of any changes in services and/or in the program. If the alternative solution is more expensive than the initially booked Tour or unreasonable for the Customer, Customer is offered withdrawal free of charge. Refunds are effected in the same way as payment has been made. Further compensation

8. Liability

8.1 Limitation of TO’s liability
Customers undertake all activities at their own risk. Any liability of TO is limited to the Tour Price as well as any direct damages caused willfully or by gross negligence by TO. TO’s liability for slight negligence, assisting persons as well as consequential damages and lost profit is excluded. TO does not assume any liability in case of non-fulfillment of contractual obligations that results from omissions or contract violation by the Customer (in particular due to violation of the terms of participation in section 7). In case of cancellation of a Tour, TO is only liable for the refund of the Tour Price if no alternative Tour is offered. TO does not assume any liability for the disappearance of personal items, cash, valuables, luggage, photographic equipment, etc. as well as loss, theft, damage or misuse of checks and credit cards.

8.2 Exclusion of liability for offers of third-party providers and in case of force majeure
TO does not assume any liability for the offers and services of third-party providers nor does TO assume any liability for damages based on circumstances that are beyond TO’s control, such as force majeure, natural events, catastrophes, changes in program, the extraordinary circumstances describes above or due to non-adherence of train, bus or ship transportation companies or other third-party providers to their schedules, etc. Customer undertakes to claim any damages directly from the third-party provider. TO acts in this case only as communication facilitator.

8.3 Customer’s liability
All activities for which TO acts as an agent and which are carried out by third-party providers or are organized and/or carried out by Customers themselves incur at Customer’s own risk. TO is not liable for the consequences of any accident. TO expects from each Customer a considerable degree of personal responsibility: Customers only participate in activities that are compatible with their physical condition, in particular their health and physical efficiency. Customers are in particular responsible for an adequate equipment (clothing, footwear, sun protection, water, medication, etc.).

8.4 Caribbean factor
The Caribbean, especially Cuba, is a visitoric-developing area, but it cannot be compared with Europe, USA or Canada in terms of standard. The “Caribbean flair”, which is appreciated by the visitors, can lead to inconsistencies, as visitors have misconceptions regarding the quality and availability of tourism services. TO therefore expressly points out that the standard of hotels, restaurants, means of transport, public facilities, etc. may not meet European or American standards. “Caribbean Punctuality” does not correspond to European or American punctuality. The Tour Operator shall take into account these circumstances during his travel planning, his tenders, travel information, etc. to the best of his ability.

9. Deadline for the assertion of claims
Customers’ claims towards TO due to non-fulfillment or fulfillment not in accordance with the contract must be asserted within 30 days after the contractually agreed Tour date in writing with a detailed explanation of the claims. A complaint vis-à-vis the Tour guide is not sufficient. Claims received by TO after expiry of this deadline cannot be accepted, except if Customers proves that they were faultlessly prevented from meeting such deadline.

10. Data protection
Customers agree that their data, in particular Customer’s name, address, telephone number, birth date, nationality, gender and credit card details, are collected by TO for the carrying out of certain Tours according to the contract. Such data can be forwarded to third-party providers.

11. Amendments to these GTC
TO may amend these GTC at any time. Such amendments are legally binding upon notice to the Customer or publication on www.caribbeantours-usa.com.

12. Severability
In case any of the provisions of these GTC shall be held or become invalid, void or unenforceable in any other way, the validity of the remaining provisions shall not be affected thereby. In case of unenforceability of a provision, such provision shall be replaced by an enforceable provision that reflects the intention and purpose of the invalid provision as closely as possible. The same procedure applies if a gap in these GTC becomes evident.

13. Applicable law and place of jurisdiction
US law of the State of Florida shall apply to the legal relationship between the Customer and TO (with the exclusion of conflict of law rules). For claims against TO, the exclusive jurisdiction of the ordinary courts at the seat of TO is agreed.

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