PACKAGE HOLIDAY BOOKING CONDITIONS
YOUR PACKAGE HOLIDAY BOOKING IS WITH
Caribbean Biking Company Ltd (Cubania Travel),
2 MINTON PLACE, VICTORIA ROAD, BICESTER, OXON OX26 6QB
1. YOUR HOLIDAY Booking
When you make a booking, you guarantee that you have the authority to accept and do accept on behalf of your party the terms of these booking conditions. A contract will exist as soon as we issue our confirmation invoice. This contract is made on the terms of these booking conditions, which are governed by English Law, and the jurisdiction of the English Courts. You may however choose the law and jurisdiction of Scotland or Northern Ireland if you live there and wish to do so.
2. YOUR FINANCIAL PROTECTION
When you buy a package holiday from us, protection is provided by way of a bond held by [ABTA – The Travel Association 30 Park Street London SE1 9E. For further information please see www.abta.com).
ABTA: We are a Member of ABTA, membership numbers Y6409 and Y6408. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you ABTA’s scheme for the resolution of disputes which is approved by the Chartered Trading Standards Institute. If we can’t resolve your complaint, go to www.abta.com to use ABTA’s simple procedure. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com. You can also access the European Commission Online Dispute Resolution (ODR) platform at this link. This ODR platform is a means of registering your complaint with us; it will not determine how your complaint should be resolved.
4. YOUR HOLIDAY PRICE
- We reserve the right to alter the prices of any of the holidays shown in our website. You will be advised of the current price of the holiday that you wish to book before your contract is confirmed.
- When you make your booking you may secure your place on the trip by paying a deposit. The balance of the price of your travel arrangements must be paid at least 8 weeks before your departure date. If the balance is not paid in time, we shall cancel your travel arrangements. If you make a booking less than 8 weeks prior to departure date, full package price is due on booking.
- It is a term of your booking that we are able to make changes to any aspect of your booking. If the change is insignificant, we will ensure that you are notified about it. Examples of insignificant changes include change of accommodation to another of the same or higher standard.
- If we are constrained by circumstances beyond our control to alter significantly any of the main characteristics of the travel services that make up your package you will have the rights set out below:
- We will contact you and you will have the choice of accepting the change or having a refund of all monies paid. You can also accept an alternative holiday, where we offer one (we will refund any price difference if the alternative is of a lower value). We will tell you the procedure for making your choice. Please read any notification of changes carefully and respond promptly as if you do not respond to us within the timescale given your booking may be cancelled.
5. IF YOU CHANGE YOUR BOOKING
If, after our confirmation invoice has been issued, you wish to change your travel arrangements in any way, for example your chosen departure date or accommodation, we will do our utmost to make these changes, but it may not always be possible. Any request for changes to be made must be in writing from the person who made the booking or your travel agent. You will be asked to pay an administration charge of £50, and any further cost we incur in making this alteration. You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible.
If changes to your departure date are related to FCDO advice against travel or other Covid-19 related reasons, please inform us via email at leat 48 hours prior to departure and no charges apply.
6. IF YOU CANCEL YOUR HOLIDAY
You, or any member of your party, may cancel your travel arrangements at any time. Please send us email notification from the person who made the booking or your travel agent as soon as your plans change and we will do our best to either refund you in full or offer you an alternative travel date. Since we incur costs in cancelling your travel arrangements, you may have to pay cancellation charges as follows:
Note: If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges. Please see our information on choosing the best travel insurance policy post Covid-19, many of which will offer cover for holiday cancellation.
7. IF WE CHANGE OR CANCEL YOUR HOLIDAY
As we plan your holiday arrangements many months in advance, we may occasionally have to make changes or cancel your booking and we reserve the right to do so at any time.
If we make a significant change to your holiday, we will inform you or your travel agent as soon as reasonably possible if there is time before your departure. You will have the choice of either accepting the change of arrangements, accepting an offer of alternative travel arrangements of comparable standard from us if available (we will refund any price difference if the alternative is of a lower value), or cancelling your holiday and receiving a full refund of all monies paid. In some cases, we will also pay compensation (see below). These options don’t apply for insignificant changes. Examples of insignificant changes are; changes of accommodation to another of the same or higher standard, changes in restaurants or other meal provisions, changes to the order of the itinerary due to poor weather, smaller or larger than usual group size.
We will not cancel your travel arrangements less than 4 weeks before your departure date, except for reasons of force majeure or failure by you to pay the final balance. We may be obliged to cancel your holiday if FCDO advises against travel to destination. We may cancel your holiday before this date if, e.g., the minimum number of clients required for a particular travel arrangement is not reached. If your holiday is cancelled you can either have a refund of all monies paid or accept an offer of alternative travel arrangements of comparable standard from us, if available (we will refund any price difference if the alternative is of a lower value).In some cases we will pay compensation (see below).
If we cancel or make a major change and you accept a refund, we will provide a full refund of your travel insurance premiums if you paid them to us and can show that you are unable to transfer or reuse your policy.
If we cancel or make a major change we will pay compensation as detailed below except where the major change or cancellation arises due to reasons of force majeure. The compensation that we offer does not exclude you from claiming more if you are entitled to do so.
IF WE CANCEL OR MAKE A MAJOR CHANGE TO YOUR HOLIDAY
This should go below the table:
We will not pay you compensation if we have to cancel or change your travel arrangements in any way because of unusual or unforeseeable circumstances beyond our control. These can include, for example, war, riot, industrial dispute, terrorist activity and its consequences, natural or nuclear disaster, fire, adverse weather conditions, hurricanes and the resulting damage, epidemics and pandemics, unavoidable technical problems with transport.
8. IF YOU HAVE A COMPLAINT
If you have a problem during your holiday, please inform your tour guide immediately or call our 24 hour emergency telephone ( please refer to your final joining instructions or ask your guide for our emergency telephone number ) who will endeavour to put things right. If your complaint is not resolved locally, please follow this up within 28 days of your return home by writing to our Customer Services Department at firstname.lastname@example.org giving your booking reference and all other relevant information. Please keep your letter concise and to the point. It is strongly recommended that you communicate any complaint to the supplier of the services as well as to our representative without delay and complete a report form whilst in Cuba. If you fail to follow this simple procedure, we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were in resort and this may affect your rights under this contract. Please also see clause 3 above on ABTA.
9. OUR LIABILITY TO YOU
If the contract we have with you is not performed or is improperly performed by us or our suppliers we will pay you appropriate compensation if this has affected the enjoyment of your travel arrangements. However we will not be liable where any failure in the performance of the contract is due to: you; or a third party unconnected with the provision of the travel arrangements and where the failure is unforeseeable or unavoidable; or unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or an event which we or our suppliers, even with all due care, could not foresee or forestall. Our liability, except in cases involving death, injury or illness ( where limits are set by our combined liability insurance policy ) , shall be limited to a maximum of one times the cost of your travel arrangements.
Our liability will also be limited in accordance with and/or in an identical manner to
(a) The contractual terms of the companies that provide the transportation for your travel arrangements. These terms are incorporated into this contract; and
(b) Any relevant international convention, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, which limit the amount of compensation that you can claim for death, injury, delay to passengers and loss, damage and delay to luggage. We are to be regarded as having all benefit of any limitation of compensation contained in these or any conventions.
You can ask for copies of the transport contractual terms, or the international conventions, from email@example.com . Under EU law (Regulation 261/2004) you have rights in some circumstances to refunds and/or compensation from your airline in cases of denied boarding, cancellation or delay to flights. Full details will be publicised at EU airports and available from airlines. However, reimbursement in such cases will not automatically entitle you to a refund of your holiday cost from us. Your right to a refund and/or compensation from us is set out in clause 7. If any payments to you are due from us, any payment made to you by the airline will be deducted.
NB this clause does not apply to any separate contracts that you may enter into for excursions or activities whilst on holiday.
10. PROMPT ASSISTANCE IN Cuba
If the contract we have with you is not performed or is improperly performed as a result of failures attributable to a third party unconnected with the provision of the services, or as a result of failures due to unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised, or an event which we or our suppliers, even with all due care, could not foresee or forestall, and you suffer an injury or other material loss, we will offer you such prompt assistance as is reasonable in the circumstances.
11. PASSPORT, VISA AND IMMIGRATION REQUIREMENTS
Your specific passport and visa requirements, and other immigration requirements are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements.