Terms & Conditions

Cancellation Policy by Service

Hotels

Confirmed hotel bookings are subject to the cancellation policy provided by Cuba Travel Services at time of booking.

Commercial Flights

Confirmed flight bookings are subject to the cancellation policy provided by Cuba Travel Services at time of booking.

Experiences

Cancellation made 8 Days or More: 10% Cancellation Penalty; 7–4 Days: 50% Cancellation Penalty; 3 Days or Less: 100% Cancellation Penalty; No Show: 100% Cancellation Penalty. Confirmed services cannot be altered or revised. Any change request is deemed as cancellation and is subject to penalties and fees. Failure to be present within 30 minutes of scheduled time at the meeting location is considered no show.

Transfers

You can cancel your transfer up to 8 Days or More: 10% Cancellation Penalty; 7–4 Days: 50% Cancellation Penalty; 3 Days or Less: 100% Cancellation Penalty; No Show: 100% Cancellation Penalty. The driver will wait up to 15 minutes after your scheduled pick up time at confirmed location by email. If you miss this time slot, your transfer will be considered a no-show and will not be refunded.

Car Rental

Confirmed bookings are subject to the cancellation policy and fees of the car rental company. Please refer to cancellation policy of your car rental company at time of booking.

Tourist Visas

Please refer to the Terms & Conditions on our dedicated visa website.

Website Terms of Use

Thank you for visiting Cuba Travel Services' website www.cubatravelservices.com, www.cubavisaservices.com, www.cubatourplanner.com (this "Site").

Your use of this Site and the information, content and services available through this Site are subject to the following terms and conditions (these "Terms") of Cuba Travel Services, Inc., a California corporation ("CTS"). CTS offers to you the services made available on this Site upon the condition of your acceptance of these Terms. These Terms may be updated by CTS from time to time without notice to you.

By accessing this Site or using this Site for booking travel or otherwise, or contacting CTS call centers, you accept and agree to be bound by these Terms. Further, your continued use of this Site is your acceptance of any changes and modifications to these Terms. If you do not agree to any of these Terms, please do not use the Site for any reason.

Administrative Fees / Booking Fees

Administrative Fees and Booking Fees if applicable will be clearly marked on your invoice or itemized at the time of your final booking payment. Administrative and booking fees are applied to help cover the administrational costs devoted to the operation and as such they are non-refundable regardless of cancellation of services.

Use of the Website

As a condition of your use of this Website, you warrant that:

1. you are at least 18 years of age;
2. you possess the legal authority to create a binding legal obligation;
3. you will use this Website in accordance with these Terms of Use;
4. you will only use this Website to make legitimate reservations for you or for another person for whom you are legally authorized to act;
5. you will inform such other persons about the Terms of Use that apply to the reservations you have made on their behalf, including all rules and restrictions applicable thereto;
6. all information supplied by you on this Website is true, accurate, current and complete; and
7. if you have a CTS account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you.

We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of these Terms of Use.

Limitation on Actions

(a) All claims for refunds, credits, losses or otherwise by Customer against CTS relating to hotel accommodations, must satisfy both of the following conditions: (i) a report of the incident shall have been made in writing and received by the hotel or tour guide (as applicable) during the stay giving rise to the claim, and (ii) the claim shall be made in writing and received by CTS within seven (7) calendar days after the completion of the trip giving rise to the claim.

(b) All claims for refunds, credits, losses or otherwise by Customer against CTS relating to matters other than hotel accommodations, shall have been made in writing and received by CTS within seven (7) calendar days after the completion of the trip giving rise to a claim.

(c) Notwithstanding applicable statute of limitations, all suits against CTS relating to the Services must be filed and properly served on CTS, within one (1) year from the date of event giving rise to the action.

(d) The failure of Customer to timely make a report or claim, or file suit will be a complete defense to any suit or action commenced by Customer relating to the Services. Further, the failure of Customer to timely make a report or claim will be a complete defense to Customer's refusal to pay for any of the Services, including, without limitation, disputing credit card charges for the same.

(e) Customer may not make any claim or commence any suit against CTS unless and until Customer has paid for the Services in full.

(f) All claims against CTS are subject to the other disclaimers, limitations on liability, qualifications and conditions set forth in the Agreement.

Arbitration Agreement

Any controversy or claim arising out of or relating to these Terms and Conditions, to the Limits on Cuba Tour Planner or Cuba Travel Services' Responsibility clause, to the brochure, to any information relating in any way to the trip, to the trip itself, or to any products or services related to the trip, shall be settled solely and exclusively by binding arbitration in Los Angeles, California, in accordance with the Commercial Arbitration Rules of the American Arbitration Association, except that (a) in lieu of a personal appearance at arbitration, the arbitration may be conducted by telephonic means, (b) arbitration is the exclusive forum for dispute resolution (no court actions), and (c) except as otherwise provided by statute, each party shall bear its own costs and expenses and an equal share of the arbitrator and administrative fees.

Prohibited Activities

The content and information on this Website as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:

1. use this Website or its contents for any commercial purpose;
2. make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
3. access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
4. violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
5. take any action that imposes, or may impose, an unreasonable or disproportionately large load on our infrastructure;
6. deep-link to any portion of this Website for any purpose without our express written permission; or
7. "frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization.

If your booking or account shows signs of fraud, abuse or suspicious activity, CTS may cancel any travel or service reservations associated with your name, email address or account, and close any associated CTS accounts.

Supplier Rules and Restrictions

Additional terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select. You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier's rules and restrictions regarding availability and use of fares, products, or services. Airfare is only guaranteed once the purchase has been completed and the tickets have been issued.

You acknowledge that some third-party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. CTS is not liable for any costs incurred due to hotel relocation.

Prepaid Hotel Reservations

You authorize CTS to book reservations for the total reservation price, which includes the room rate displayed on the Website, plus tax recovery charges, service fees, and where applicable, taxes on CTS's services. Hotel reservations are non-refundable, as indicated in the rules and restrictions for hotel reservation.

You may not book reservations for more than 8 rooms online for the same hotel/stay dates. If you wish to book 9 or more rooms, please contact our group travel specialists at (800) 963-2822.

Car Rental Terms

Please refer to the car rental service providers for details.

Bank and Credit Card Fees

Some banks and credit card companies impose fees for international transactions. If you are making a booking from outside of the United States on a US credit card, your bank may convert the payment amount to your local currency and charge you a conversion fee. The currency exchange rate and foreign transaction fee is determined solely by your bank on the day that they process the transaction. If you have any questions about these fees or the exchange rate applied to your booking, please contact your bank.

Flights to Cuba

Scheduled commercial flights and public charters to Cuba are normally operated by carriers such as American Airlines or JetBlue (the "Carrier Service Providers"), but this is subject to change without notice. Neither CTS, nor the air carriers are responsible for any missed connections, delays or cancelled flights which are purchased separately by the Customer Traveler.

Requirements for Travel

All visitors to Cuba require valid passports and visas. Securing a valid passport and visa is the responsibility of the Customer Traveler. Customer Travelers must possess a passport valid for six months after the return from Cuba. All foreign passport holders and U.S. residents are solely responsible for their legal immigration status and their ability to return into the United States.

Cuban Born Travelers

Customer Travelers born in Cuba should contact CTS at 1-800-963-2822 for processing time prior to departure date for information on entry requirements, even if such Customer Traveler is now a US Citizen.

Insurance

CTS recommends all Customers to purchase Travel Insurance with cancellation coverage. With respect to charter flights, airfare includes Cuban medical insurance coverage subject to the terms and conditions provided at www.asistur.cu. For scheduled commercial airline travel, Customers shall verify if airfare is inclusive of required Cuban medical insurance, and CTS shall have no responsibility or obligation for such requirements or insurance.

Program Adjustments and Changes

Although CTS works diligently to provide its services as listed in its promotional material, circumstances beyond CTS' control may require it to deviate from the itinerary, substitute hotels or otherwise adjust its scheduled services and, accordingly, CTS reserves the right to modify any reservations or scheduled activity.

Baggage While Traveling

Although CTS makes every effort to ensure the proper handling of the baggage of Customer Travelers on charter flights, CTS is not responsible for loss, damage or breakage of baggage on charter flights. On scheduled commercial airline flights, Customer Travelers are subject to the applicable airline luggage policies.

Travelers Requiring Assistance

All Customer Travelers with disabilities or special needs must report their medical condition to CTS at time of booking. CTS is committed to the participation of all Customer Travelers, but its employees and agents are restricted in providing assistance. Customer Travelers requiring special assistance must travel with a qualified companion who can accommodate their special needs.

OFAC Licensing Requirements

All Customer Travelers acknowledge that travel transactions related to Cuba from the United States must be (i) directly incident to one of the self-authorizing general license purposeful travel categories or (ii) authorized travel under the auspice of a specific license granted on a case-by-case basis. Customer Travelers are encouraged to maintain records of their travel documents for 5 years from travel should the need arise to prove licensed travel. Each Customer Traveler, as an authorized traveler under a general license, is personally responsible for complying with U.S. laws including, without limitation, restrictions regarding what may be brought to Cuba and what may be brought back.

State Department Travel Advisories

It is the responsibility of each Customer Traveler to become informed about the most current travel advisories and warnings by referring to the U.S. State Department's travel website at travel.state.gov or by calling (888) 407-4747.

Cuba Travel Services Limited Responsibilities

Cuba Tour Planner, Cuba Travel Services Inc., its employees, shareholders, officers, directors, successors, agents and assignees (collectively CTS), does not own or operate any entity which is to or does provide goods or services for your trip. It purchases transportation, hotel and other lodging accommodations, restaurant, ground handling and other services from various independent suppliers. All such persons and entities are independent contractors. As a result, CTS is not liable for any negligent or willful act of any such person or entity or of any third person.

In addition and without limitation, CTS is not responsible for any injury, financial or physical loss, death, inconvenience, delay or damage to personal property in connection with the provision of any goods or services whether resulting from but not limited to acts of God or force majeure, illness, disease, acts of war, civil unrest, insurrection or revolt, animals, strikes or other labor activities, criminal or terrorist activities of any kind, overbooking or downgrading of services, food poisoning, mechanical or other failure of aircraft or other means of transportation or for failure of any transportation mechanism to arrive or depart on time.

Traveler's Representation

Traveler represents that neither he nor she nor anyone travelling with him or her has any physical or other condition or disability that could create a hazard to himself or herself or other members of the tour. CTS reserves the right to decline to accept anyone on a trip, and to remove from the trip, at his or her sole expense, anyone whose condition is such that he or she could create a hazard to himself or others. Any payment to Cuba Tour Planner and/or Cuba Travel Services constitutes your acceptance of the Terms and Conditions set out herein.

Liability Disclaimer

The Information, Software, Products and Services published on this Website may include inaccuracies or errors, including pricing errors. CTS expressly reserves the right to correct any pricing errors on our Website and/or reservations made under an incorrect price. All such information, software products, and services are provided "as is" without warranty of any kind.

In no event shall CTS and/or their respective suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, your access to, display of or use of this Website.

If, despite the limitation above, CTS or their respective suppliers are found liable for any loss or damage, then the liability will in no event exceed, in the aggregate, the greater of (a) the service fees you paid to CTS in connection with such transaction(s) on this Website, or (b) One-Hundred Dollars (US$100.00).

Indemnification

You agree to defend and indemnify CTS, the CTS Partners, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

1. your breach of these Terms of Use or the documents referenced herein;
2. your violation of any law or the rights of a third party; or
3. your use of this Website.

Links to Third-Party Sites

This Website may contain hyperlinks to websites operated by parties other than CTS. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

Software Available on This Website

Any software that we make available to download from this Website ("Software") is the copyrighted work of CTS and/or our respective suppliers. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies the Software. All Software is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties.

Reviews, Comments, Photos and Other Submissions

By submitting content to this Website (collectively, "Submissions"), you grant CTS and the CTS Partners a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media. You are fully responsible for the content of your Submissions.

Copyright and Trademark Notices

All contents of this Website are ©2015 Cuba Travel Services. All rights reserved. Cuba Travel Services, Cuba Tour Planner, Cuba Visa Services, Cuba Luxury Yacht, the CTS logo, the CTS Affiliate Network logo, and the Airplane logo are either registered trademarks or trademarks of CTS in the U.S. and/or other countries.

If you are aware of an infringement of our brand, please let us know by emailing us at info@cubatravelservices.com.

Account Termination

In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, CTS has adopted a policy of terminating, in appropriate circumstances and at CTS's sole discretion, subscribers or account holders who are deemed to be repeat infringers. CTS may also at its sole discretion limit access to the Website and/or terminate the accounts of any users who infringe any intellectual property rights of others.

Disclosure

The transactions are covered by the California Travel Consumer Restitution Fund (TCRF) if the seller of travel was registered and participating in the TCRF at the time of sale and the passenger is located in California at the time of payment. A claim must be submitted to the TCRF within 12 months after the scheduled completion date of the travel. You may request a claim form by visiting TCRC's website at www.tcrcinfo.org.

California law requires certain sellers of travel to have a trust account or bond. This business has a trust account.

Notice of Infringing Material

If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information:

1. A clear identification of the copyrighted work you claim was infringed.
2. A clear identification of the material you claim is infringing on the Website.
3. Your address, email address and telephone number.
4. A statement that you have a "good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law."
5. A statement that "the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
6. A signature by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You may send us your notice by email to info@cubatravelservices.com.

Patent Notices

One or more patents owned by CTS may apply to this Website and to the features and services accessible via the Website. Portions of this Website operate under license of one or more patents. Other patents pending.

General

These Terms of Use are governed by the Federal Arbitration Act, federal arbitration law, and for reservations made by U.S. residents, the laws of the state in which your billing address is located, without regard to principles of conflicts of laws.

You agree that no joint venture, partnership, or employment relationship exists between you and CTS as a result of this Agreement or use of this Website. If any part of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired.

This Agreement constitutes the entire agreement between you and CTS with respect to this Website, our services and your dealings and relationships with us, and it supersedes all prior or contemporaneous communications and proposals.

Registrations

Seller of Travel: Cuba Travel Services, Inc. is a registered seller of travel in each of the states listed below:

• California registration number: 2074621
• Florida registration number: ST-36556

Registration as a seller of travel in California does not constitute the state's approval.