TERMS AND CONDITIONS
Havana Journeys offers its services under these Terms and Conditions. You must please read the Terms and Conditions before using our website for bookings. By making a reservation, you hereby accept the Terms and Conditions. You should not use the website in any way if you do not agree with these Terms and Conditions.
The general process for confirming a booking is:
- You request a booking.
- We will provide you with a quote for the requested services.
- If you agree with the offer, you inform us of your acceptance.
- We confirm your booking and request a deposit.
- You pay the deposit.
- We send you a booking confirmation after the deposit.
After paying the deposit and receiving the booking confirmation, there is a binding contract between you (and everyone on whose behalf you make the booking) and Havana Journeys (and the suppliers we represent – legal drivers). You (and everyone on whose behalf you make the booking) are liable to us for all pending balances that are required to be paid to us pursuant to these Terms.
Travel services that we can provide to you will be detailed in our travel quote and only those services will be provided.
The contract that will come into existence between us will be the entire agreement between us. We will not be bound by any representation or statement that is not set out expressly in these Terms and we accept no liability for any representation or statement that is not expressly set out in these Terms.
You may not assign or transfer your rights or obligations under the contract.
If any provision of the contract shall be invalid, void, illegal or unenforceable; the validity, existence, legality and enforceability of the remaining provisions of it shall not be affected, prejudiced or impaired.
RULES AND RESTRICTIONS OF SUPPLIERS
We operate as an intermediary agency. This means that we are a public agent for third party suppliers such as legal licensed drivers, tour operators, etc. This means that the final contract for the product is between you and the supplier. However, we assume liability to you, if we have been negligent, we have misrepresented important information, or have been in breach of any other relevant law.
A deposit of the quoted tour price must be paid when you confirm the tour. The deposit will be made via credit card and it is a transaction that involves NO Cuban bank. You will receive email confirmation of the transaction from us. Customers with bank accounts outside of Europe could be subject to additional charges for these transactions. Consult your bank for more information.
Should the deposit payment fail to reach us by the date specified in the invoice, we reserve the right to treat the booking as canceled
The remaining balance of the quoted price must be paid on the day the services are conducted.
U.S guests or any guest traveling from the United States to Cuba, wishing to take services with Havana Journeys, must sign a travel affidavit declaring the tour they are taking complies with OFAC regulations under the travel category of “Support for the Cuban People” Shall they fail to sign the affidavit, we will not be able to accept any payments or conduct any services.
FOR CLIENTS WHO ARE SUBJECT TO U.S JURISDICTION
For clients who are subject to U.S. jurisdiction, you may still book individual services, under one of the below categories of authorized travel, provided you sign a Certification to Travel (to be completed during our online reservation process) and have evidence that your travel is consistent with this Certification.
The categories of authorized travel that we can provide are:
- Support for the Cuban People
- Family Visits
Havana Journeys nor any of its employees assume responsibility of any type if you do not comply with the above OFAC requirements. Havana Journeys will not be responsible for any fine or demand made by the Treasury Department of the United States of America resulting from your trip to Cuba if you do not comply with the above categories of travel.
Information about all of these General Licenses, and their requirements, can be found on the website for the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC)
CANCELLATIONS AND/OR TOUR CHANGES
Any cancellation by you will be effective from the date of physical receipt by us. The date on which cancellation is received by us will determine the refundability of the deposit.
The cancellation charges are expressed as a percentage of the total deposit paid and based on the number of days-notice before date of departure. Date of departure is defined as the day of commencement of any tour arrangements we have made for you. These charges are as follows:
- More than a week before departure – full refund of the deposit.
- 6 to 2 days before departure – 20% of the deposit is non-refundable.
- Less than 48 hours before departure – deposit is non-refundable.
If we have to cancel your tour before the date of departure, we will if possible give you will the choice of taking an alternative tour (where this would cost more, you would be required to pay the additional costs but where the cost would be lower, we will refund the difference) or accepting a full refund.
If, prior to your departure, we become unable to provide a particular activity that you have booked, we are obliged to inform you as soon as possible or in the worst-case scenario on the day of the tour.
Opening times, entrance fees or access to venues such as museums, shops, restaurants, farms, etc are beyond our control. We will not be liable for any changes these institutions take.
If, as a result of Force Majeure, HAVANA JOURNEYS is obliged to curtail, alter or cancel a reservation and/or any of the services agreed, the partner and/or customer will not be entitled to claim compensation for any losses caused by the above restriction, alteration or cancellation. The term “Force Majeure” includes, but is not limited to, Acts of God, natural disasters, fire and any other destruction of any accommodation booked, riots, acts of civil or international war, natural disasters, fires, exercise of municipal authority, legislative authority, military authority or otherwise, strikes, industrial action or any other reason beyond the control of HAVANA JOURNEYS.
Prices quoted by us may be changed at any time until we have confirmed in writing acceptance of your booking. Even after that time, prices may be changed if we are charged additional costs after that time by our suppliers. Should that occur, you will be notified beforehand and offer a full refund of the money paid to us.
If you have special requests (including by way of dietary or medical requirements), you should inform us of such requests prior to departure. We will advise the relevant supplier of your requirements, but we cannot guarantee that such requests will be met. Furthermore, we have no liability to you if such requests are not met.
The type of travel we offer requires flexibility and must allow for alternatives. The outline itinerary as given for each tour must therefore be taken as an indication of what each trip may accomplish, and not as a contractual obligation on our part. The final decision on the itinerary and conduct of any tour will be taken by us or our agents in the interests of the group/or clients as a whole. It is understood that the route schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to events beyond our reasonable control.
However, the nature of the tour to make it OFAC compliant will not be altered by these unforeseen changes in the itinerary.
No refunds will be given for missed or unused services such as sightseeing trips or included activities irrespective of the reason why you have missed or not used the services. The quoted price is an inclusive price for the tour, as a package within the establish date, location and duration of the service.
At all times the decision of the tour leader or representative will be final on all matters likely to endanger the safety and well-being of the tour. You must at all times strictly comply with all laws, customs, foreign exchange and drug regulations of the host country where services are conducted. Should you fail to do so then you may be ordered to leave the tour without any refund and without any legal claim against us.
It is essential that all passengers are covered by insurance before setting out on holiday. This insurance must cover personal accident, medical expenses, loss of effects, repatriation costs and all other expenses which might arise as a result of loss, damage, injury, delay or inconvenience. If you are undertaking a diving tour, your insurance must also cover this activity. We suggest that you ensure that the insurer is aware of the type of travel to be undertaken.
NO LIABILITY FOR PERSONAL INJURY OR FOR LOSS OF DAMAGE TO PROPERTY
Where your tour involves adventurous activities, you acknowledge that the nature of tour may involve a significant amount of personal risk, including by way of example, personal injury, disease, loss or damage to property, inconvenience, and discomfort. You further acknowledge that you are fully aware of the risks of injury associated with your participation in these various activities and agree to voluntarily assume all such risk.
Accordingly, it is a fundamental term that to the maximum extent permitted by law, neither we (nor any director, employee or agent of ours) nor any operator engaged by us will be liable in any respect for any death or personal injury or for any loss of or damage to any property arising out of or incidental to your tour.
NO LIABILITY FOR ANY FORM OF INDIRECT OR CONSEQUENTIAL LOSS
We accept no liability for any form of pecuniary loss (however arising and including without limitation loss of income or profit) suffered by you as a result of any breach of these Terms by us or by the failure for any reason to provide any of the services contracted for.
You must be in possession of a valid passport, visas, permits and certificates as may be required for the tour. It is your sole responsibility to make sure that you have all necessary visas, health requirements for your entire journey, including transit visas where required. We do not accept responsibility for changes in regulations for visas or any particular requirements for visas and will not be held responsible for your failure to obtain the necessary visas.
It is your sole responsibility to book for and pay for any flights.
Any information and advice given by us on visas, vaccinations, climate, clothing, baggage, flights and anything else that is not a service that we contract to provide is given in good faith but without any liability or responsibility.
EXPELLING TOUR MEMBERS
We reserve the right to withdraw services and expel from any tour any person who is causing risk to themselves or the environment, or negatively impacting on others’ enjoyment of their tour. In the event that this occurs, you agree that you will not be entitled to a refund of any sort and that you will be fully responsible for your travel arrangements from the point of expulsion.
ERRORS AND OMISSIONS
We have endeavoured to verify the accuracy of statements made on the website or in any advertising material originated by the us but to the maximum extent permitted by law, we accept no liability for any error, omission, or inaccuracy.
LEGAL JURISDICTION AND PRINCIPLES
The contract will be governed by and construed in accordance with the laws of the European Union and to the the exclusive jurisdiction of the European Union courts.
Version January 2019