Cuba Direct

Please read carefully. This is a binding legal agreement between you and live holidays ltd and incorporates the cuba direct terms of website use and the cuba direct privacy policy and cookie policy.

By making payment in respect of the services offered by us, you agree that: (a) you have read, understood, accept and intend to be legally bound by the terms of this agreement; and (b) you have the authority to accept and do accept the terms of this agreement for and on behalf of all persons in your travel party who are named in your booking and intend each such person to be legally bound by the terms of this agreement.

1. DEFINITIONS AND INTERPRETATION

   The following definitions and rules of interpretation apply in this Agreement (including the recitals above).

   1. Definitions:
      

      Agreement: these Booking Conditions, the Terms of Website Use and the Privacy Policy and Cookie Policy.
      Booking Documents: all documentation relating to the Services booked including without limitation the invoice and other documentation including without limitation the details of the members of the Party, the details of the Deposit and other details relating to payment, reservation dates and addresses, check-in and check-out times.
      Privacy Policy and Cookie Policy: the Cuba Direct privacy policy and cookie policy as may be amended from time to time, the current version of which is available at http://www.cubadirect.com/.
      Deposit: Since we only take payment(s) to secure/pay services and to cover our costs, all payments taken would be consider part of the deposit. If you are booking within 10 weeks of departure, the deposit will equal to the full balance and therefore full payment will be required. As soon as the full itinerary has been agreed, clients must pay the deposit as stated on the latest/agreed quotation.
      Lead Client: the person (who may or may not be a member of the Party) nominated during the reservation process as the person to whom all documents relating to the reserved Services are to be sent.
      Party: The group of people in the travel party who are named in the booking.
      Services: such travel services as may be provided by Live Holidays Ltd from time to time. Terms of Website Use: the Cuba Direct terms of website use as may be amended from time to time, the current version of which is available at http://www.cubadirect.com/.

   2. Rules of interpretation:
      
      1. Any reference to we, us or our includes a reference to Travel Direct and Cuba Direct.
      2. Any references in this agreement to you or your means all persons in your travel party who are named in your booking including any such persons who may be added or substituted from time to time.
      3. Any reference to our website means http://www.cubadirect.com/.
      4. Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
      5. Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
      6. A reference to writing or written includes fax and email.
      7. Calls may be recorded for the purpose of training, quality assurance, and or legal reasons.
      8. (h) Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
      9. (i) A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
      10. (j) This agreement shall be binding on, and enure to the benefit of, the parties to this agreement and their respective personal representatives, successors and permitted assigns, and references to any party shall include that party's personal representatives, successors and permitted assigns.



2. GENERAL MATTERS

   1. 2.1 We are an independent and privately owned tour operator registered as a private limited company in England & Wales under company number 04429799. Our registered address is Foresters Hall, 25-27 Westow Street, Upper Norwood, London SE19 3RY. We trade under the names Travel Direct and Cuba Direct. We are travel consultants with extensive expertise of the countries we offer travel to. Potential clients will benefit from our advice and knowledge which they are under no obligation to pay for up until time of booking.



3. PROFILE AND RECORDKEEPING

   1. All travelers must complete the TRAVELER PROFILE and agree to keep a record of all the activities while in Cuba.
   2. The Traveler Profile must be completed at least 60 days prior to departure or within 72 hours of booking, whichever is later. If we do not receive the TRAVELER PROFILE promptly, your booking may be subject to additional fees and/or cancellation. The TRAVELER PROFILE includes: - Traveler Information Form - Copy of your passport - Travel Affidavit* - Copy of the Cuban Visa - These Terms and Conditions dated and signed.
   3. A Letter of Confirmation and a copy of the OFAC´s Department of the Treasury General License will be provided to each traveler along with the itinerary for recordkeeping purposes and the traveler should keep them for 5 years after the trip is com



4. RESERVATIONS, PRICE, PAYMENT AND DELIVERY

   1. We do not accept bookings from persons under the age of 21 years.
   2. Travelers under the age of twelve are not eligible to travel on our People to People itineraries.
   3. Price guarantee: Most services are provided “on request” which means the services will be confirmed upon payment. Once payment has been received we will proceed to request the confirmation of the services. We may change our published prices from time to time, however this does not affect the price guarantee.
   4. Payments: We require you to pay:
      1. an initial deposit, the amount of which will be specified on the order page of our website, advised over the telephone or in the quote document, if the booking is made more than ten weeks in advance of departure, and the balance of the full amount not later than 10 weeks in advance of departure; or
      2. the full amount, which will be specified on the order page of our website, advised over the telephone or in the quote document if the booking is made less than 10 weeks in advance of departure.
   5. If the full amount has not been received 10 weeks before departure, we reserve the right to cancel your booking and cancellation fees will apply. Any payments are non-refundable to cover scenarios such as flights that require immediate ticketing and other services in similar situations. Payments may be made by debit card or credit card and will be subject to a 2.5% surcharge. We do not accept cheques. Payments are made in US Dollars (“USD”) unless otherwise stated. Your card/bank statement will show that monies were paid to Travel Direct.
   6. Delivery: All Booking Documents will be e-mailed to the Lead Client.
   7. You are responsible for checking the details of your booking upon receipt of the Booking Documents and ensuring that the details of your booking are correct.



5. CANCELLATIONS OR CHANGES BY YOU

   1. Notices of change or cancellation must be submitted in writing either by e-mail. The date on the change or cancellation notice will be deemed the date we receive your notification. Until such date, you are responsible for your travel arrangements as initially booked. Only the Lead Client can request and/or notify a cancellation or change.
   2. If you cancel, you will be charged the Deposit and any subsequent payments (please refer to Definitions 1.1)
   3. If you change your booking with our agreement, and subject to availability, you will be charged an administrative change fee on a per person basis of $150 USD plus the difference between the value of the Services listed in the original booking and the value of the Services listed in the amended booking.
   4. If some, but not all persons in the Party cancel their booking, additional charges may be payable by the remaining members of the Party (e.g. under occupancy charges).
   5. You are responsible for ensuring that you present yourself at the location(s) and time(s) specified in the Booking Documents. Failure to arrive or late arrival at the appointed time or location (“No Show”) may be deemed a cancellation and may invalidate the remaining travel arrangements.
   6. Most services operate on an ‘on request’ basis whereby we must wait up to 72 hours to receive confirmation of from the service provider in writing before your reservation is confirmed. If our request for your reservation is denied, you have the option of accepting alterative options which we will offer or your money back. If you wish to cancel your booking before this time (72 hours), you will incur the standard cancellation charges described in this clause 5.



6. VISA REQUIREMENTS

   1. All passengers must be in possession of a full passport, valid for at least six months after the scheduled return date.
   2. You are responsible for determining and complying with any visa or other requirements relating to entry to and exit from any country. Cuba Direct will have no responsibility or liability whatsoever if you are refused entry to or exit from your any country.



7. CANCELLATIONS OR CHANGES BY US

   1. 7.1 Once the details of your booking have been confirmed by us and you have received your Booking Documents, the details of your booking will not be subject to change except where circumstances beyond our control require changes to be made to your booking. Circumstances beyond our control include, without limitation, acts of god and failure of a third party service provider to fulfil its obligation. Where a service provider fails to fulfil its contractual obligation, we will endeavour to make suitable alternative arrangements.



8. INSURANCE

   1. Insurance is compulsory for travel to Cuba. The policy should insure all members of the Party for medical expenses, cancellation of the booking, loss of personal belongings, and such other liabilities and risks as may be necessary or appropriate.
   2. If you do not take out an appropriate insurance policy before travelling, neither we nor any of our agents or local representatives (where applicable) shall have any liability whatsoever for any loss, damage or injury suffered you or any member of the Party.



9. LIABILITY

   1. This clause 9 applies for the benefit of us and our agents and local representatives (where applicable).
   2. Nothing in this Agreement in any way excludes or restricts our liability for our negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be restricted. Nothing in this Agreement statutory rights as a consumer.
   3. Liability in contract, tort (including negligence) or otherwise in connection with this agreement for any one event or series of related events is limited to 100% of the fee payable by you for this booking.
   4. In no event may you bring any claim or proceeding more than 3 months after the end of your trip.
   5. In no event (including negligence) will there be any liability for:
   1. Special, indirect or consequential losses; or
   2. Any matters outside our reasonable control including without limitation interruptions in the supply of basic services such as running water, electricity and gas, actions or omissions of local authorities or loss or breach of security in respect of your data held by third party internet payment providers; or
   3. Actions or omissions of third party operators or service providers; or
   4. Disregard of local law in regards to the security measures established either in the tourist facilities or the transportation means; or
   5. Failure to travel on the scheduled date for causes not relating to the facilities or the transportation agents connected with the Services; or
   6. Any damage caused outside the national territory; or
   7. Any damage caused within the national territory relating to facilities or transportation agents not connected with the Services.



10. INFORMATION, ARRIVAL AND DEPARTURE

    1. While we make every reasonable effort to ensure that the property descriptions are accurate, we accept no responsibility for errors contained therein or the results thereof. You accept and agree that there may be differences between the photographs, illustrations and/or text used to describe hotels/resorts or properties and the actual hotels/resorts or properties.
    2. There are no official rating system to describe the standard of private home stays. Our ratings should be considered in the context of a home offering one or more rooms to rent. It is your responsibility check reviews and information mainly, but not exclusively, on the internet.
    3. You must pay for travel to and from the property unless otherwise arranged and included in the Booking Documents.
    4. The check-in and check-out times will be shown in the Booking Documentation.



11. NUMBER OF OCCUPANTS AND TRANSFERS

    1. The number of persons permitted to occupy the property is limited to the number of persons specified in the Booking Documentation
    2. Transfer times are given as a guide and will be subject to change dependant on, amongst other factors, road and weather conditions and the number of stops made en route. This mainly applies to shared transfers.



12. WEATHER & NATURAL DISASTERS

    1. Several of the destinations we offer are affected by severe seasonal weather conditions, such as “hurricane season” and “monsoon season”. Since it is not possible for us to publish detailed information on weather patterns, and weather advice can frequently change, we recommend checking the latest National Hurricane Center information at http://www.nhc.noaa.gov/
    2. When a storm or natural disaster occurs, travel and accommodation arrangements may be significantly disrupted. It is extremely difficult to predict with accuracy the actual path, duration or effect severe weather patterns may have and the effects of actual or threatened bad weather and natural disasters are beyond our control.
    3. If a storm or natural disaster is forecast to affect a destination, we work with local and international authorities to try to minimize disruption and keep you well informed. An evacuation of your resort, or a delay or cancellation of your flight to or from the resort may be necessary.
    4. In the event of changes, cancellation or curtailment to your trip due to actual or threatened bad weather, we are not able to offer any refund or compensation. We therefore recommend that you an appropriate insurance policy before travelling to insure you against the curtailment, cancellation or loss of your trip.
    5. Weather information is subject to change and you should monitor the latest local and international weather updates issued by the relevant authorities.



13. CHILD SAFETY, SWIMMING POOLS AND PREGNANCY

    1. Children safety is of paramount importance to us. However, we must stress that it is your responsibility to take care of your children and their safety at all times during your stay.
    2. Swimming pools are usually open all year. At times swimming pools may be closed due to maintenance or poor weather. We will endeavor to advise you of any changes prior to departure. The opening of a pool is, however, entirely at the discretion of hotel manager and will be subject to the demand and/or weather conditions. All pools are either fresh water or sea water and are chemically treated.
    3. Airline regulations state that women with 28 weeks or more into pregnancy, at the time of return travel, must have medical certification of fitness to travel. Normally after 32 weeks into pregnancy permission to travel is refused.



14. COMPLAINTS, COMMUNICATIONS AND CLAIMS

    1. All complaints must, in the first instance, be reported to your guide. If a well-founded complaint cannot be solved satisfactorily, you must immediately inform our local representative who will endeavor to resolve the issue and will also keep us informed.
    2. If you want to complain on your return, you must write to us in English by e-mail (customer.service@traveldirect.co.uk) within 28 days of your return. If you do not comply with the above, we have no liability in relation to your complaint. For reclaiming monies paid for failed Services you must provide an adequate receipt/proof of payment. We will not be able to make refunds if such proof is not provided.
    3. Mobile telephone calls can be very expensive within Cuba. We will not refund any telephone call charges. If you need to speak to us, please liaise with your guide as per 15.2
    4. Due to mobile operating networks in certain destinations, we may experience delays in receiving messages. We apologize for any inconvenience this may cause.



15. FORCE MAJEURE

    1. Except where otherwise expressly stated in these conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under this Agreement is prevented or affected by, or you otherwise suffer any injury, damage, loss or expense of any nature as a result of, a force majeure event.
    2. A force majeure event is any event which we or the third party supplier of the Service in question could not, even with all due care, foresee or avoid. Such events may include actual or threatened war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, disease, fire and all similar events outside our control.



16. GOVERNING LAW AND JURISDICTION

    1. This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
    2. You irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.

1.Introduction

1.1 This is the privacy and security policy of Live Holidays Ltd. Its purpose is to tell you how we process your "Personal Data" (i.e. data about any identified or identifiable living person). In particular:

• what Personal Data we collect;
• how we use it;
• how we protect it;
• to whom we disclose it;
• how you can access and rectify it.

1.2 If you have any queries concerning this policy, please contact us by using the details on our website.

2.What Personal Data do we collect?

2.1 When you place an order, we collect basic information such as your name, address and other contact details, payment and technical information. All such information is mandatory unless otherwise stated at the time

2.2 You may provide additional Personal Data to us in the course of communicating with us about your booking.

2.3 We may store certain Personal Data including your contact and order details.

2.4 Our computer may log your IP address (your unique internet address) and browser type when you visit our website.

2.5 We may use cookies. A cookie is a small amount of data that is sent to your browser from a web server and stored on your computer's hard drive. If you revisit our website, our web server will recognise the cookie and provide information about your last visit. Usually you can modify the settings of your browser to accept or reject all cookies or as an alternative to be notified when a cookie is set.

3. How do we use your Personal Data?

3.1 We use your Personal Data to administer, or communicate with you about, your booking.

3.2 Provided you have opted in on our website, we may provide information about other products or services that may be of interest to you.

3.3 We may access, copy, preserve, disclose, remove, suspend or delete any Personal Data generated, stored, transmitted or used via or in connection with your booking if we are required to so by applicable laws, statutes, regulations, standards or codes of conduct, whether or not compulsory or by competent authority.

3.4 We may use IP addresses for customer profiling purposes.

3.5 We may use cookies to provide a more personalized and user-friendly visit to our website and to help us track user traffic patterns. A cookie cannot read your hard disk or other cookie files.

4. How do we protect personal data?

4.1 We take appropriate precautions to protect Personal Data from loss, misuse, unauthorised access or disclosure, alteration or destruction: Industry-standard Secure Sockets Layer (SSL) technology (128 bit cipher strength) is used to encrypt sensitive information such as credit card details.

5. To whom do we disclose personal data?

5.1 We may disclose Personal Data so far as reasonably necessary:

• to third parties including our hosting company, third party internet payment providers, service providers and property owners for the purpose of administering your booking;
• in the circumstances specified in clause 3.3 above; or
• in the context of a sale or merger of all or part of our business.

6. How can you access and rectify personal data?

6.1 You can access and rectify your Personal Data by contacting us using the details provided on our website.

6.2 For information about your rights under UK data protection laws, see the UK Data Protection Commissioner website.

These Website Terms and Conditions will apply to: (A) Your Use Of Our Website; (B) Our Supply Of Products And Services; and (C) Our Contact With You.

This Cuba Direct (Live Holidays) website (“Website”) is owned and operated by CUBA DIRECT ("CUBA DIRECT (LIVE HOLIDAYS LTD)", “we”, “us”, “our”) a company registered in England and Wales with its Registered Office at CUBA DIRECT (LIVE HOLIDAYS) Foresters Hall, 25-27 Westow Street, Upper Norwood, London SE19 3RY (company number 04429799) and which trades under a number of brands. We are fully bonded by the Civil Aviation Authority under the Air Travel Organisers Licence (ATOL) with ATOL number 6346.

Please ensure that you review all of the following sections of our Website Terms and Conditions carefully before using our Website – your use of and access to any page or part of our Website indicates that you agree to comply with and be bound by all of these terms and conditions.

If you do not agree to our Website Terms and Conditions you will not be permitted to access or use our Website.

A: YOUR USE OF OUR WEBSITE

Authorised Use

You may only use this Website:

• for your own personal, non-commercial use only (which will at all times be reasonable and not abusive); or
• to obtain information on, check the suitability and availability of our products and services; or
• for purposes legitimately connected with purchasing our products and services; or
• to access or retrieve your travel information and/or booking data, manage your preferences or to get into contact with us about your bookings or travel arrangements; or
• submit and share your views, reviews and comments on our products and services.

Non-Authorised Use

You agree that you shall not:

• access, extract, use or copy any material or information on this Website for any commercial purpose or for any purposes which are unlawful. In particular, you are not allowed to copy (whether by printing off, storing on disk or in any other way), distribute (including distributing copies), alter or tamper with in any way or use any material contained in this Website except that you may print off any individual page for your own personal use; or
• use this Website in a way that causes or may cause an infringement of the rights of any other party or which breaches any standards, regulations or codes published by any relevant authority; or
• use this Website in any way that interferes with or affects the performance of the Website or our systems or which interferes in any way with other users use of the Website; or
• gain, or attempt to gain, any unauthorised access to our Website, our other systems and/or to the personal data, information or booking data of other users and customers; or
• make any unauthorised, false or fraudulent reservation on this Website.

Ownership And Use Of Material And Information On Our Website

This Website displays registered and unregistered intellectual property such as brands, designs, data, content, copyright material and trademarks, with rights in the United Kingdom and/or other countries and which belong to us or to companies within the CUBA DIRECT (LIVE HOLIDAYS) which have been licensed to us. Other product and company names mentioned and third party content displayed on this Website are proprietary to their respective owners. You are not licensed to use any of the marks on our Website unless written permission is granted, and you may not meta tag any of these marks.

Unless otherwise stated, we own (or are licensed to use) the intellectual property rights in the content and information in this Website, including (without limitation) all text, sound, photographs, images, logos, videos, maps, podcasts, blogs, customer reviews, graphics, design, underlying source code and software. Subject to the “Authorised Use” section above, material and information, either whole or in part, from this Website may not be reproduced, copied, republished, downloaded, posted, broadcast or transmitted in any form or medium without our and/or the appropriate owner's prior written permission.

Links

If you wish to include a link to our Website, unless you have our written permission, you may only do so to our homepage. This Website contains links to other websites that may either be websites operated by companies or brands which are members of the CUBA DIRECT (LIVE HOLIDAYS) or external websites operated by our selected suppliers or partners or other third party websites. Occasionally as you browse, book travel arrangements or use the functionality on this Website we may provide you with links or connect you to websites which may be our branded or third party branded sites. These links or connections are made available so you can search for and purchase additional services, find out further information on our services and your personal travel arrangements quickly and easily and find out about the products and services of our other group companies and brands. Please note that we are not responsible for nor do we endorse the content of these websites and your access and use of these websites will be subject to the terms and conditions of those websites.

Website Facilities

We have made available various services, tools and functionality on this Website for your use. The information set out by us on these pages tells you how you can use these services, tools and functionality to find out about and book our products (as well as those provided by our selected partners), view content provided by us, interact with us and submit and share views with other customers. Your use of this Website in these ways is subject to these Website Terms and Conditions that incorporate:

Our Cuba Direct (Live Holidays) Terms and Conditions which set out the terms of use for the feature that allows you to manage your booking on this Website.

B: OUR SUPPLY OF PRODUCTS AND SERVICES

Normally when you purchase our products and/or services and book travel arrangements on this Website your agreement is with CUBA DIRECT (LIVE HOLIDAYS) and if not we will make it clear to you that CUBA DIRECT (LIVE HOLIDAYS) is acting as an agent for another travel provider. If you book a flight only that is operated by Cuba Direct (Live Holidays) Airways then your contract is with them. See our Booking Conditions for the terms and conditions relevant to the purchase of travel products and holidays from us.

In addition, when you book any products or services from us, you will do so subject to these Website Terms and Conditions, our Booking Conditions and such further terms and conditions as may be applied by the hotel or cruise ship where you will be staying (together, the "Conditions of Contract"). These Conditions of Contract constitute the entire agreement and understanding between you and CUBA DIRECT (LIVE HOLIDAYS) in relation to their subject matter. By proceeding with a booking, you acknowledge that you have read and understood all of the Conditions of Contract and agree to be bound by them. However, if you do not or cannot accept our Conditions of Contract in full, you must stop using our Website immediately. These Conditions of Contract may vary from time to time. By browsing this Website you accept that you are bound by the Conditions of Contract current at the time when you browse or book.

Please note that CUBA DIRECT (LIVE HOLIDAYS) may provide accommodation, transport from a wide range of third party accommodation providers and carriers including airlines, ships and railways. The provision of these arrangements will be subject to the terms and conditions of each provider or carrier as part of your Conditions of Contract with us (either as agent for the provider or carrier or as part of our holiday package as you will see in section 1 of the Booking Conditions). Other holiday and travel related services such as travel insurance, foreign exchange and travel money cards are supplied by our selected service providers and are available for you to purchase through our own branded websites or directly via the supplier website – the supply of these products and services to you shall be subject to the terms and conditions of each service provider and not us. You can find information on most of these suppliers and their services on our Extras page. We cannot list all of the supplier's and their terms and conditions here but you will be able to find the terms and conditions or conditions of carriage for these suppliers on their own web sites - you will need to have read them carefully before you book and/or travel. If you are unable to find these then please Contact Us.

C: OUR CONTACT WITH YOU

Information About You, Data Protection, Privacy Policy and Cookies

We will store and use the information you supply us or which is supplied to us in your use of this Website ("your information") for the purposes set out in our Privacy Policy. You will be/would have been asked to agree to our use of your information at the appropriate time. If you do not agree, we cannot interact with you or accept your booking. Information about cookies and their use by us on this Website can be found in our Statement on Cookies.

D. GENERAL

Statutory Rights

These terms and conditions do not affect your statutory rights.

Updates and Changes

We may remove or make changes to the products, information, content, materials, tools and features on this Website at any time without liability and without notice to you. We also reserve the right to immediately terminate or suspend your use of or access to this Website at any time and without notice if we consider that you have breached any of our Terms and Conditions. We may also change or modify all of any parts of our Terms and Conditions at any time and such changes or modifications shall be effective immediately upon their publication. You should review these regularly to ensure you are familiar with the most up to date version. Browsing and continuing to access or use our Website constitutes your acceptance of the updated terms and conditions and you agree to by bound by the updated terms and conditions.

Disclaimer

To the maximum extent permitted by law, we disclaim all warranties, whether express or implied by statute, custom or usage relating to the information contained in this Website and we shall not be liable for any losses or damages whatsoever, whether in contract, tort (including negligence), or otherwise arising from this website, or from any interruption or delay in accessing this Website.

Governing Law

This Website has been designed for use within the United Kingdom. By accessing this Website you are agreeing that the Courts of England will deal with any disputes which may arise between you and us, and that English law shall be the applicable law.