General Terms and Conditions Cuba Direct Travel

CubaDirectravel.com and its website are operated by BUENAVISTA TRAVEL CLUB (BVTC)

When making reservations in this website, you agree to the GENERAL TERMS AND CONDITIONS stated on these pages. Additionally, you will be asked to agree to terms and conditions for bookings of specific products offered on this web site.

GENERAL TERMS & CONDITIONS

For the purposes of the present General Terms & Conditions, the program/brochure/website is the informative document in which these will be incorporated.
The information regarding the program/offer contained in the program/brochure/website is binding for the organizer or retailer except if one of the following circumstances occurs:

a) If the changes in the information have been communicated clearly in writing to the consumer before the contract coming into force, being of particular mention in the program offer. Modifications have been previously made, with a previous agreement in writing between both parties involved.

b) If modifications are made afterwards; this is to be agreed upon by both parties and is to be stated in writing.

1. Applicable Legal Regulations when contracting the package trip and the acceptance of the General Terms & Conditions.

The Terms are subject to the provisions of Royal Decree 1 / 2007 approving the revised text of the General Law for the Defense of Consumers and Users, other complementary provisions and other existing laws which might result applicable.
The present General Terms & Conditions contain, signed by the contracting parties, all such combined travel contracts whose main objective is the program/offers which are contained in the program/brochure and obligate the involved parties to the particular conditions which are agreed upon in the contract or which are stated on the travel documentation, facilitated along with the subscription of the contract.

3. Prices

3.1. The price of the Package Tour includes:
1. Return transport when this service is included in the contracted program/offer, with the type of transport, characteristics and category stated in the contract or documentation which is issued to the consumer upon its purchase.

2. Accommodation, when this service is included in the contracted program/offer, with the type of establishment and meal type stated on the contract or documentation which is issued to the consumer upon its purchase.

3. Indirect charges and/or taxes in each country– Value Added Tax (VAT), whenever applicable, except for the ECOTASA or any other municipal tax applicable in other destinations. Likewise any type of contribution in the way of tips/gratuities will be excluded from the end cost package travel.

4. In each program/offer, the number of meals to be served will be stipulated along with any beverages of any type which are not included in the offer/program.

5. In the event of there being optional or discretionary excursions linked to each program/offer, contained within the program/brochure; the estimated price must be provided.

6. In the event of their being additional costs with regard to the services included in the Package Tour which must be paid by the consumer, not the organizer; these will be shown and stated in each program/offer, contained in the valid  program/brochure and if available, their price.

7. Technical assistance during the travel, when this service is specifically included in the program/offer booked.

Retail Travel Agencies will be obligated to inform the end client of any such administrative costs/additional charges involved before confirming the reservation.

Any such tax or fee legally implemented or augmented by local authorities of any kind after the reservation has been carried out which has a subsequent effect regarding the initial established price/tariff of this reservation will obligate the client to pay/deposit this revised, additional amount.

It is duly stated that in the countries listed below, the end client must pay a local tax/surcharge at the establishment which is not included in the reservation.  Anguilla, Antigua & Barbuda, Netherlands Antilles, Aruba, Bahamas, Barbados, Belgium, Bermudas, Bolivia, Bosnia & Herzegovina, Brazil, Bulgaria, Canada, Chile, Colombia, Costa Rica, Croatia, Dominica, Ecuador, Slovenia, US, France, Guadalupe (French West Indies) Guam (USA), Haiti, Holland, Honduras, Virgin Islands (UK), Cayman Islands, Virgin Islands (USA), Israel, Jamaica, Malta, Morocco, Martinique (French West Indies), Mexico, Micronesia, Panama, Papua New Guinea, Paraguay, Peru, French Polynesia, Dominican Republic, Saint Kitts & Nevis – Saint Kitts & Nevis, Samoa, San Marino, San Martin (French West Indies), Saint Vincent & the Grenadines, St. Lucia, Serbia, Saint Martin, Surinam, Trinidad & Tobago, Uruguay and Venezuela. 

3.2. Price Revision

The price of the package travel has been calculated on the basis of currency exchange rates, transport tariffs, fuel costs and charges and taxes applicable on the date of publication of the program/brochure or that may have been subsequently published in printed form. Any such variation in price regarding the above mentioned elements may result in a revision of the final cost of the trip. These modifications will be communicated to the consumer in writing or by any other channel which is appropriate and permitted, giving the consumer the option to cancel the trip without incurring any charges, or to accept the modifications of the contract.  In no case whatsoever will the price of the trip be increased in the 20 (twenty) days before the trip departure date.

3.3. Special Offers

When the package travel is booked as a result of special offers, last-minute offers or equivalent at a price other than that stated in the program/brochure, the price will include only the services specified in detail in the offer even though that offer may refer to one of the programs described on this site, provided that any such reference is made for the sole purpose of general information on the destination.

3.4. Exclusions

3.4.1. The price of the Package Travel does not include:

Visas, airport taxes and/or entry and exit charges, vaccination certificates, "extras" such as coffee, wine, liqueurs, mineral water, special diets – not even in cases of full or half board, unless otherwise specified in the agreement –, washing and ironing of clothes, optional hotel services and, in general, any other service not expressly listed in the section entitled "The price of the Package Travel includes" or not specified in detail in the program/offer, in the agreement or in the documentation supplied to the consumer when signing the agreement.

All services which are not included in the price will be paid for directly by the end client to the service provider.  Notwithstanding the aforementioned, in order to guarantee payment for these “extra” services, some service providers request guarantees from the client such as the end client’s credit card number.

3.4.2. Optional excursions or tours

In the case of optional excursions or visits not reserved as part of the original booking, bear in mind that these do not form part of the package travel agreement. Their publication on the site is merely for information purposes and the price is described as "estimated". Also, these excursions will be offered to the consumer with their specific terms and conditions and price independently, not guaranteeing until their purchase the possible use of these.

3.4.3. Tips/ Gratuities

Gratuities/tips are not included in the price of package travel.

4.- Reservation requests

4.1. - Consumers willing to book a package should forward a reservation request to our reservations department by Phone, Email or via our Website request reservation form. Following the application, the retail agent and organizer will proceed to take the necessary steps to obtain confirmation of the requested services, based on the number of places available and in the period for which the services reservation were requested.

4.2.- At the time that the application for the selected travel reservation is made, the agency reserves the right to claim the consumer to deposit a sum equivalent to a maximum of 40% of the total price of the package which reservation the consumer requests. In the event the consumer elects to confirm the reservation, the amount paid shall be charged to the final tour price. If the consumer decides to withdraw the booking before the confirmation is made, will be refunded the deposited amount, minus, if applicable, the administration fees that apply.

4.3.-In the event that the consumer requests a tailor-made package formation, the agency may require the payment of an amount for the development of the itinerary. If the consumer accepts the offer of the package prepared by the agency, and the agency is able to confirm the comprising services; the amount paid shall be charged to the total itinerary price. Whenever the agency is not able confirm the services, the consumer will be fully reimbursed the sums paid to the Agency.

4.4. - In all cases described above, if the agency is not able to provide the requested services and offers the consumer a trip with similar characteristics, unless expressly stated otherwise, it is understood that the offer is valid for 24 hours. In these cases, the contract will be modified accordingly if the consumer accepts the offer within that period or a period expressly established and agreed.

5. Accommodation

5.1. - Unless otherwise stated in the Brochure / Website or expressed in the contract as specific conditions the following applies:

The quality and contents of the services provided by the hotel will be determined by the official tourist category, if any, allocated by the relevant body in the country in question.

Given the current legislation regarding this which establishes only the existence of single and double rooms permitting that in some doubles, an extra bed may be included, it will be assumed that the use of the third bed is with the knowledge and consent of the those persons occupying the room. 

This tacit estimation derives from the circumstances which have been previously shown as well as the room being shown as a triple in all the documentation of the reservations issued to the consumer upon payment of the deposit, in the contract and the tickets and/or travel documentation which is issued simultaneously when signing and agreeing. Equally, regarding double rooms for the use of up to 4 people with four beds, when this is specified in the program/brochure.

The usual times for checking in and out of hotels are according to the first and last service that the “User” will use. As a general rule and only if the contrary is agreed in the contract, the rooms may be used as of 1pm on the day of arrival and must be vacated before 12pm on the day of departure.

When the service booked does not include permanent accompaniment by a guide and the “User” expects to arrive at the hotel or apartment on a date or at a time other than the agreed date or time, it is advisable, in order to avoid problems and misunderstandings, to notify the organizing agency or the hotel or apartments directly, as appropriate, as far in advance as possible.

Equally you may contact the Agency upon making the reservation with the possibility of taking animals; these are not generally permitted in hotels or apartments.  In the case of animals being confirmed entry and then travelling with them; this must be stated in the contract.

Reserved accommodation implies that the room will be available on the corresponding night, understanding that due to reasons regarding the Package Reservation, the check-in time will be made later than initially forecasted.

It is expressly noted that, once the stay has commenced, any change in the type of room (upgrade), with breakfast, lunch and / or dinner originally hired by the client, must be agreed and paid in the hotel or resort by the latter.

It is also expressly noted that, in order to guarantee the payment of any additional service required by clients, other than initially hired, some hotels request certain safeguards from their clients (e.g. credit card numbers, deposits of a certain amount, etc).

6. Air travel. Appearance at the airport.

For air travel, passengers must be at the airport a minimum of two and a half hours before the official departure time of international flights and, in any case, the specific recommendations stated on the travel documents supplied when signing the agreement must be strictly observed.

When additional services are contracted, it is recommended that the client reconfirms 48 hours in advance the flight departure times.

For the tour operators tariff / rates that BVTC use, tickets are NON-REFUNDABLE and NOT-ENDORSABLE and will only accept changes 72 working hours prior to departure (form Monday to Friday 09:00 hrs. to 18:00 hrs. (UTC+01:00) Brussels, Copenhagen, Madrid, and Paris), no name changes or booking transfers are accepted by the airline systems.

Nevertheless some tariffs and rates for international and domestic flights accept the refund the taxes paid and in case of cancelation our staff can check with the airline if the rates paid by costumers apply for such refund and will act accordingly.

Our tickets do not include the cost of any excess baggage. BVTC strongly recommends not taking domestic flights in the very same day of the departure or arrival of your international flight.

Any missed flight as result of delays in such international or domestic flights is the customer's responsibility and BVTC is not liable for such event or the further cost derived. No refunds are provided if a flight is missed for this or any other reason.

7. Booking Confirmation

7.1 The agreement of contract package; (the time which the CONTRACT binds the contracting parties), is produced with the booking confirmation. From that moment on, the contract package is binding for both parties.

7.2 Attached to the confirmation of the booking there will be a voucher either sent via email, a link to download from website to be printed presented at the hotel or sent via postal mail where applicable.

7.3 Any modification to a confirmed reservation (this being the number of passengers, dates, number of rooms, passenger names etc.) may result in a variation in the price or the cancellation of the reservation in question.

8. Payment methods and refunds

BUENAVISTA TRAVEL CLUB ,where applicable, may require full payment for the requested services upon confirmation, a deposit or advance payment of the total amount upon issuing the corresponding receipt, which specifies this, unless the parties reach an agreement stating otherwise upon inscription.

Unless an agreement is reached and agreed between the parties, the outstanding amount in case that a deposit is agreed and pais, must be paid before receiving the voucher and travel documentation, the subsequent outstanding amount must be paid at the time agreed by both parties and always before the departure date unless agreed otherwise.

All payment will be conducted either in cash, credit/debit card, personal check, bank transfer or any other agreed method for presently consumers or with credit/debit card via our online secure payment gateway.

These conditions do not apply to special offers, last minute or equivalent, (fairs, weekends in the snow, cruises), which are governed by the expressly stipulated between the parties.

The agency reserves the right to terminate the contract and apply the established rules for cancelations prior to departure, if the consumer does not complete any of the payments in due requested time, as described in the preceding paragraphs.

9. Consumer rights in the event of termination.

9.1 In cases where the consumer, according to the previous sections, decides to resolve the contract, may choose among the possibilities contained under the Royal Decree 1/2007, from November 16th (shown below)  approving the revised text of the General Law for the Defense of Consumers and Users and other complementary laws.

10. -Reservation or booking transfer

10.1 The consumer may transfer its booking to a person that meets all the conditions required in the brochure / website and in the contract for the combined travel package.

10.2 The booking transfer shall be communicated by any reliable means to the agency and will be free of charges if it is received with at least 15 days prior to the starting date of the trip. If the booking transfer is requested with less than 15 days prior to the starting date of the trip, and the agency can accept it, it will require the consumer to pay a fee for booking transfer which shall not exceed 3% of the total combined travel package price.

10.3 In any case, the consumer and the person to whom he has transferred the booking agency jointly are liable for payment of the due balance of the total price, as well as justified additional costs that could have caused such booking transfer.

11. Right to cancel the trip.

11.1 The consumer has the right to cancel the trip contracted at any time before departure. However, if the cancellation occurs within 15 days prior to departure, will pay administration fees and cancellation fees if any, also will pay a penalty based on the time remaining from the moment of the cancelation request to the departure of the trip which will be:

- The 5% of total tour price if it occurs with an advance of more than 10 and less than 15 days.
- The 15% of total tour price, if it occurs in advance between 10 and 3 days.
- The 25 % of the tour price, if produced within 48 hours prior to departure.

11.2 The consumer will not have to pay any percentage as a penalty if the cancellation takes place due to force majeure cause in which case such cause must be properly accredited with documents and / or official medical certificates and those legal documents that might be requested.

11.3 In all cases, the consumer will pay administration fees and cancellation fees as result of cancellations.

11.4 The cancellation will take effect from the moment it comes to the knowledge of the agency.

11.5 With the knowledge of the cancellation and having checked and calculated all the possible penalties and cancellations fees, the agency will refund the due amounts paid (except those calculated as the result of deductions for penalties and cancellations fees that may be applicable) within a maximum period of one month, all once.

11.6 If the package was subject to special economic conditions of contract, such as aircraft charter, ships, special rates or other analogs, the administration and cancellation fees as well as the cancellation penalties will be those indicated explicitly in the brochure / website for the combined travel package in question or the agreed by both parties in the contractual document.

11.7 Bearing in mind that these trips include services which are subject to special economic conditions, abandonment fees will be the total amount of the flight ticket if this is what was issued if applicable.

12.Trip Cancellation by the organizer.

12.1 A trip cancellation that for any reason not is attributable to the consumer, entitles the consumer to terminate the contract with the rights provided as per section # 11

13. No-Show

13.1 It will be regarded as No-show a consumer that does not communicate the agency his will of not taking the journey as contracted and not showing in the time and place agreed for the departure. In this case, the consumer will lose the right to a refund of the amounts paid and still will be obligated to pay those amounts in due balance.

13.2 However, if the failure to show in time and place agreed occurs due to force majeure and it is sufficiently proven, the consumer is entitled to a refund of the amounts paid, after deducting administration  and cancellation fees.

14. Defective compliance or failure to provide services.

14.1 When consumers checks during the enjoyment of the combined travel package that there any defects or failures in the rendering of the contracted service, it shall be put to the organizer knowledge as soon as possible, in the same place to the organizer, the retailer and, where appropriate, to the service provider in question. The communication should be carried out in writing or in any other manner to be recorded. After receiving the communication, the retailer or organizer must work with due diligence to find appropriate solutions.

14.2 If the communication of the existence of a defect or failure to render the service is transmitted in the time and manner specified, and its acknowledged by the organizer, the document that proves the communication is not necessary and no further evidence will be requested unless the organizer, the retailer or service provider has checked in the presence of the consumer that the defect does not exist or does not meet the given criteria, and so I have made it noticed to the consumer.

14.3 If the consumer fails to communicate in the time and manner specified, shall prove the alleged defects in accordance with the general criteria of prove, all the damages produced or aggravated due to the lack of communication will be at the consumer own expenses and risk.

15. Inability of the organizer to render an important portion of services.

15.1 The agency shall take appropriate solutions for the continuance of the combines travel package once it has started if it detects that an important part of the services cannot be rendered or fails to comply with any part of the services under the contract. Regarded as important part of the services, are those services whose lack of provision would affect the normal development of the combined travel package and make it unreasonable to expect that the average consumer of such trips continue in those circumstances.

15.2 The agency shall charge any fees to the consumer for the solutions adopted for the ongoing trip and will pay any difference between the services offered and those supplied.

15.3 If the consumer expressly or tacitly accept the solutions proposed by the agency, shall not be entitled to any compensation for such changes. Considered to have tacitly accepted these proposals if consumer continues the journey with the solutions given by the organizer.

15.4 If the solutions adopted by the organizer were unviable or the consumer does not accept them on reasonable grounds, the agency must:

-Provide a mean of transport equivalent to the contracted transport for the journey back to the place of departure or any other that both have agreed, if the contract includes the return trip.

-Reimburse the price paid minus the amount for the services rendered before the termination of the trip, unless the problems that affect the continuance of the combined travel package is attributable to the consumer.

-Pay compensations to the consumer if applicable

16. Consumer´s withdrawal during the trip

16.1 The consumer has the right to cancel the contracted package once the trip has started, but is not entitled to claim a refund of the amounts paid and still will remain liable to pay for any pending payment.

16.2 If the withdrawal during the trip is due to an accident or illness that prevents consumers to continue the journey the agency is required to provide the necessary assistance and, if necessary, to pay the amount of the difference between the services offered and supplied, except for cancellation fees that duly justified apply.

16.3 In both cases, all additional costs caused by the withdrawal of the trip, and in particular the transfer or repatriation to origin, are at the consumer´s own expenses.

17. Consumer´s duty to cooperate with the normal development trip.

17.1 Consumers should follow the instructions provided by the agency for proper execution of the trip, also follow the rules and regulations which are in general an extension to users of the services included in the package. In particular, in group tours the consumer will be respectful to the other participants and observe a behavior that does not harm the normal development of the trip.

17.2 Violation of these duties empowers the agency to resolve the contract package. In this case, if the contract includes the return trip, the agency will provide the consumer with equivalent transport to the contracted, on the journey back to the place of departure or any other that both have agreed. The agency also has the right to an appropriate compensation for the damages attributable to consumer´s behavior.

18. Responsibility

18.1The organizing agency and the retail agency are liable to the consumer for the proper performance of the contracted package, based on the obligations imposed on them by their respective field in the management of the package.

18.2 The organizing agency and the retail agency respond to the consumer whether they themselves provide the services included in the package, or if the services are provided by their auxiliary or other service providers.

18.3 The organizing agency, which plans the package, is liable for damages caused to the consumer if services are not rendered or if there is a poor provision of the services included in the package, as well as for damages resulting from any breach of the contract or any other obligation that corresponds to its management scope in accordance with applicable law.

18.4 The retailer agency, as the selling agent or offering agent for the sale the package proposed by the organizing agency, is  liable for the damages caused to the consumer for the errors incurred while informing the consumer on the package, for omitting information it should provide, not having given the necessary documentation for the successful completion of the trip and, in general, for breaching any other obligation that corresponds to its management scope in accordance with applicable law.

18.5 Responsibility to the consumer will be supportive of those entrepreneurs being organizers or retailers, that take part together in the contract whatever their class is or the relationships that exist between them, without prejudice to the right of recourse to the person concerned to the consumer and user against whoever is attributable the breach of contract or defective performance of the contract in accordance to its own package management scope.

19. Causes of responsibility exemption.

19.1 Organizers and retailers responsibility shall cease upon any of the following circumstances:

 - That the deficiencies observed in performance of the contract are attributable to the consumer.

 - That these deficiencies are attributable to a third party unrelated to the rendering of the services under the contract and are unforeseeable or unavoidable.

 - That the deficiencies are due to reasons of force majeure , defined as circumstances beyond the control of the party pleading, abnormal, unforeseeable or that, are foreseen but the consequences would have been unavoidable despite having acted with due diligence.

- When the deficiencies are due to an event that the retailer or, where appropriate, the organizer, in spite of acting with all due care, could not foresee or forestall. 

20. Consumer duty to lessen the damage.

20.1 In any case, the consumer is obliged to take appropriate and reasonable measures to try to reduce the damage that may result from the non-execution or defective execution of the contract or to prevent severe consequences. The damage resulting from failure to adopt such measures shall be covered at the consumer´s own expenses.

21. Disclaimer of international conventions.

21.1 When the performance of the contract package are governed by international conventions, compensation for personal injury and injury resulting from the failure or improper performance thereof shall be subject to the limitations specified by them.

22. Disclaimer no bodily harm.

22.1 When the benefits of the package contract are not governed by international conventions:

- Compensation for no bodily harm will be limited for all items at twice the price of the trip, including moral damages not derived of any bodily harm and the refunds that shall be made.

- Compensation of the organizing agency for damage arising from loss or damage to baggage is limited to 350 euros, including moral damages.

22.2 The limitations provided in previous two paragraphs will not govern if the agency or service providers have intentionally caused the damage or acted recklessly knowing that damage would probably occur.

23. Information the agency should facilitate to the retail consumer.

It is informed that the consumer must receive from the retail agency or the organizers of package holidays, in writing or in any other manner which proves information and with time before to departure at the latest at the time of booking confirmation, the following information:

a) The times and places of intermediate stops and connections, as well as the indication of the category of the place that should be occupied by the traveler in the means of transport which are to be used.

b) The name, address and telephone number of the organizer or retailer representation in each destination or, failing that, the local agencies that can help the consumer and user in case of difficulties. Where there are no such representatives or agencies, consumer and user must be provided in any case, with an emergency telephone number or any other information to enable the consumer to contact with the organizer or retailer.

c) For child travel stays abroad, the necessary information to establish direct contact with them or the responsible for their stay "in situ" during the trip.

d) Information, according to the current laws regulating private insurance, about an optional contract of insurance covering the cost of cancellation by the consumer and user, or a service contract that covers the cost of repatriation or transfer to the place of origin in case of accident, illness or death. To this end however it is recommended that the consumer contact the Ministry of Foreign Affairs whose office provides information and specific recommendations by destination on the Internet (http: //www.mae.es.) or by any other means.

24. Information about passport rules, visas, vaccinations and meteorological phenomena

24.1 The agency has a duty to report on the health formalities required for the journey and stay, as well as the conditions applicable to the citizens of the European Union passports and visas and shall be liable for the accuracy of information provided.

24.2 The consumer must obtain the necessary documents for the trip, including passports, visas and formalities relating to health. All damages that may result from the lack of such documentation shall be on consumer´s own expenses, and in particular, expenses incurred by trip interruption and eventual repatriation.

24.3 If the agency accepts the consumer's order to process the necessary visas for any of the purposes provided in the itinerary, it may require the payment of the cost of the visa, as well as any administration fees for the procedures to be carried at the appropriate diplomatic or consular representation. In this case, the agency shall be responsible for damages attributable to it, in accordance with the diligence normally required for delays in obtaining the necessary documentation or insufficiency of documentation.

24.4 The agency, as far as possible and at a reasonable prospect of enforcement, shall inform the consumer of the potential adverse meteorological phenomena that may be produced in the destination contracted in the travel package, and that could affect its proper development.

25. General notes

25.1 The descriptions of the services for each establishment have been supplied by the establishments themselves during the contract period and therefore their characteristics may be subject to change.

25.2 Photographs of people, landscapes, hotels, apartments, etc. shown on the site were taken or supplied by external providers and are included merely as a guide and therefore the Organizing Agency assumes no liability if the client does not find identical situations during their stay.

25.3 Meal basis:  When the meal basis is Full Board, breakfast, lunch and dinner will be served, dinner being the first service offered by the hotel and the last being the lunch on the day of departure, always and when the arrival time at the hotel by the client is previous to the closing time of the dining room/restaurant.  Half Board consists of breakfast and dinner, having the option of changing the dinner for lunch, always and when the establishment provides its authorization.

25.4 Guaranteed Reservations: Guaranteed Reservations imply that the reservation will be held for the client during the night, if the client does not arrive, they will be subsequently charged the price of the first night of the stay.  The first night will be considered as until 9am of the following day.

25.5 Specific Cancellation Policies: If any of these services booked and cancelled were subject to special financial conditions for booking, these cancellation costs due to withdrawal or abandonment will be established as per the conditions agreed by both parties.

25.6 Interruption of stay: If the client checks out of the hotel or resort before the agreed departure date, the Organizing Agency assumes no obligation to give any refund whatsoever, unless a claim is submitted in writing, attaching thereto an original document from the hotel or resort authorizing the refund of the cancelled stay.

25.7 Insurance: It is the traveler’s responsibility to obtain, at his/hers own expense, a travel insurance at the time of booking. BUENAVISTA TRAVEL CLUB does not take responsibility for uninsured travelers, their health problems, damaged or lost baggage, airport taxes, personal extra expenses and unforeseen circumstances that travelers may incur.

It is expressly noted that, following the decision of the Council of Ministers of the Cuban Government, duly published in the Gaceta Oficial de Cuba (Official Gazette of Cuba), from May 1st 2010, all those foreigners and Cubans living abroad who seek to enter the country will need to subscribe in advance to a travel insurance policy with coverage issued by a Cuban or foreign insurance company which is officially recognized within Cuba.  Nevertheless, diplomatic staff and representatives of international organizations accredited in Cuba are exempt from the subscription of the abovementioned policy.

25.8 Special Conditions for Groups: In accordance with the established in the present Conditions, it will be understood that “Group Reservations” mean a reservation for 6 (Six) or more people (pax). Specific Terms and Conditions will apply for groups and those will be sent to the consumer along with the quote for the group services requested.

In the event of the consumer making a “Group Reservation”, this must be made through the BUENAVISTA TRAVEL CLUB sales-quotes department via email, fax or telephone, thus demanding specific conditions of payment or a guarantee for the said reservation.

Notwithstanding the above mentioned, some resorts/hotels (depending on location) consider that reservations consisting of 6 (six) or more persons (pax) as well as reservations for more than 3 (THREE) rooms (under one or several booking references) may be considered as “Group Reservations”; therefore the Consumer accepts that BUENAVISTA TRAVEL CLUB may exercise at any time, the right to cancel the reservation made in the booking engine, stipulate variations in the price, liability for the payment of the "porterage" charge or the modification in other conditions applicable to the reservation after its confirmation.

25.9 Baggage: For all purposes and as far as land transport is concerned, it will be considered that the “User” carries all luggage and other personal effects with him, regardless of where they are loaded on the vehicle, and that they are transported at the “User’s” own risk.

The Organizing Agency will have no obligation to assume liability for loss, robbery or damage that the “User’s” luggage may suffer during the travel for any reason, including handling during hotel to airport transfers or vice-versa, whenever appropriate. It is recommended that “Users” be present at all times when their luggage is being loaded or unloaded.

Regarding air, maritime or river transportation of baggage; this is subject to the conditions of the transporting companies, the passengers’ ticket being the only valid contract between the involved companies and the passenger. In the event of suffering any type of damage or loss, the passenger must immediately present the corresponding claim to the Transport Company.

26. Liability for services not included in the package.

26.1 Contractual liability rules of the contracted package are not applicable to benefits such as conducting daily excursions, attendance at sporting or cultural events, visits to exhibitions, museums, or the like, which are not included in the overall price of the package and that the consumer purchases as an option during the trip or stay in the destination. In these cases, the agency must inform the consumer of the optional nature of the services and that those are not part of the package.

26.2 If the agency is involved in the procurement of these services will respond according to the specific rules of the contract agreed for the services in question.

27. Applicable law

27.1 The interpretation, performance and effectiveness related to the aforementioned, may be submitted to the jurisdiction and competence of the Courts and Tribunals of the City of Madrid (Spain), or failing that and as requested by BUENAVISTA TRAVEL CLUB, subsequently submitted to the Courts and Tribunals of the capital for the country in question which corresponds to each agency in accordance with their country of origin and establishment.     

28. Lawsuits 

28.1 If the dispute is no submitted to consumption arbitration, the consumer may duly claim in to the courts of the place of contract.

22.2 Consumers may only be sued in the courts of the place of conclusion of the contract.

28.3 Court actions arising from the contract package prescribe by the lapse of two years, counting from the day the trip would end.

29. Effectiveness

The validity and date of issue shown on the respective website.

BUENAVISTA TRAVEL CLUB CIC-MA 3000

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