Dear traveler,
To ensure that nothing stands in the way of your travel enjoyment and that we can clarify all queries as quickly as possible, we ask you to read our General Terms and Conditions (GTC) and the travel information carefully when concluding the contract.
The following provisions will, to the extent effectively agreed, form part of the contract concluded between you and Travel Buddies GmbH, hereinafter referred to as “Cuba Buddy”.
These terms and conditions are divided into 3 parts as follows:
Part I “Terms and Conditions for the Arranging of Travel Services”. The areas of application of these terms and conditions are divided into sections A and B.
The following terms and conditions will, if effectively agreed, form part of the brokerage agreement concluded between you (hereinafter referred to as “customer”, “guest” or “traveller”) and Cuba Buddy in the case of bookings made from July 1st, 2018. They supplement the statutory provisions of §§ 651a – y BGB (German Civil Code) and Articles 250 and 251 of the EGBGB (Introductory Act to the German Civil Code).
In view of the legally different types of brokerage of travel services and package tours depending on the type of travel service brokered, these brokerage terms and conditions are divided into two sections.
The exclusive provisions for the brokerage of a single travel service or multiple travel services of a single type of travel service can be found in Section A, and for linked travel services in Section B of these Terms and Conditions.
Cuba Buddy offers its services as a travel agent exclusively on the basis of these General Terms and Conditions. They regulate the legal relationship between the customer and Cuba Buddy. Cuba Buddy acts for the customer on the basis of a paid agency agreement and arranges travel services from service providers; these are also tour operators who provide travel services to the customer under their own responsibility.
These terms and conditions apply to all bookings of travel services via the Cuba Buddy Internet travel portal at the Internet addresses registered by Cuba Buddy (hereinafter “travel portal”), via the Cuba Buddy telephone booking service and for written bookings as well as bookings in text form, insofar as Cuba Buddy acts only as a travel agent and not as a tour operator.
1.1 By submitting the travel registration form (booking request) provided in the travel portal, by telephone notification of the booking request to Cuba Buddy’s telephone booking service, by sending written or text booking requests received by Cuba Buddy, and by making an oral booking request, the customer makes Cuba Buddy a binding offer to conclude a paid business management contract (hereinafter referred to as “brokerage contract”), to which he is bound for 10 days. Cuba Buddy is then to broker a contract for certain travel services (hereinafter referred to as “main contract”) between the customer and the respective service provider. The booking request also represents the customer’s offer to conclude the main contract with the service provider.
1.2 Cuba Buddy accepts the customer’s booking order in text form, in writing or verbally (by distance). When Cuba Buddy accepts the booking request, the booking contract is concluded as a business management contract between Cuba Buddy and the customer. The booking contract does not require any specific form.
1.3 If the travel service requested by the customer is available and the service provider accepts the customer’s offer to conclude the main contract for this travel service, the main contract is concluded between the customer and the service provider. Acceptance of the customer’s booking offer by the service provider occurs by sending a written or text-based booking confirmation.
1.4 The mutual rights and obligations arising from the agency contract arise from the agreements made between Cuba Buddy and the customer, these terms and conditions and, in addition, from the statutory provisions.
1.5 The rights and obligations of the customer towards the service provider are governed exclusively by the provisions of the main contract and the travel and business conditions of the service provider. Cuba Buddy will inform the customer of the travel and business conditions of the service provider before or upon conclusion of the main contract and give the customer the opportunity to take note of their content.
1.6 If the customer also registers other travel participants for the travel service, the customer undertakes to be responsible for the contractual obligations of all travel participants registered by him, provided that he has assumed this obligation by means of an express and separate declaration.
1.7 Cuba Buddy points out that according to the legal provisions (§§ 312 para. 7, 312g para. 2 sentence 1 no. 9 BGB) for package travel contracts according to § 651a and § 651c BGB that were concluded via distance selling (letters, catalogs, telephone calls, telecopies, e-mails, messages sent via mobile phone service (SMS) as well as radio, telemedia and online services), there is no right of cancellation, but only the statutory rights of withdrawal and termination. In particular the right of withdrawal according to § 651h BGB. However, a right of cancellation exists if the contract for travel services according to § 651a BGB was concluded outside of business premises, unless the oral negotiations on which the conclusion of the contract is based were conducted on the consumer’s prior order; in the latter case, a right of cancellation also does not exist. The above notice also applies if contracts for accommodation services (e.g. hotel rooms) or flight services are concluded with Cuba Buddy, where Cuba Buddy is not an agent but the direct contractual partner of the customer/traveller.
1.8 The customer is responsible for all contractual obligations of fellow travelers for whom he makes the booking, as if they were his own, provided that he has assumed this obligation by means of an express and separate declaration.
2.1 The contractual obligation of Cuba Buddy exists, in accordance with these terms and conditions, in
a) the mediation of contracts, within the scope of availability, with the respective service provider in accordance with the booking request,
b) the processing of the booking (in particular handing over the travel documents, unless these are sent directly to the customer by the service provider in accordance with the agreements made with the service provider) and
c) selection advice for the customer based on the customer’s wishes and requirements as communicated to Cuba Buddy.
2.2 When providing advice and information, Cuba Buddy is only liable for the correct selection of the information source and the correct passing on of the information obtained to the customer, unless the advice and information has been expressly provided in a binding manner.
2.3 A special information contract, in which the obligation to provide information is an essential contractual obligation, shall only be concluded if there is an express agreement between Cuba Buddy and the customer.
2.4 Cuba Buddy is only obliged to determine the cheapest provider if an agreement to this effect has been made.
2.5 The customer is hereby expressly informed of the possibility of concluding a
Travel cancellation insurance is mentioned; Cuba Buddy recommends taking out this insurance. Such insurance is not included in the service prices. If the customer takes out such insurance through Cuba Buddy, Cuba Buddy is not obliged – unless otherwise agreed – to inform the customer about the scope, coverage and other insurance conditions, provided that the customer can obtain information about the insurance conditions from the documents provided to him or in his possession by the service provider or the insurance documents of the insurer.
3.1 Cuba Buddy informs the customer on the travel portal or at the customer’s express request in another suitable manner about entry, passport and visa requirements, including the expected deadline for obtaining these documents, as well as health formalities. When providing this information, Cuba Buddy assumes that the customer and his fellow travelers are German citizens and that no special circumstances apply to them (e.g. dual citizenship). If this is not the case, it is the customer’s responsibility to inform Cuba Buddy of this.
3.2 The information and advice provided by Cuba Buddy in accordance with Section
3.1 is limited to the provision of information from or via suitable information sources, in particular from current industry-standard reference works, or to the passing on of information from foreign embassies, consulates or tourist offices.
3.3 The customer is responsible for obtaining passport, visa and health documents, unless Cuba Buddy has expressly agreed to obtain these documents. In this case, Cuba Buddy can demand reimbursement of the expenses incurred in connection with the procurement of documents (e.g. telecommunications costs and, in urgent cases, the costs of courier services and/or the costs of engaging relevant service companies). When accepting an order to obtain documents, Cuba Buddy must inform the travel customer of the expected amount of the costs.
3.4 Cuba Buddy is not liable for the issuance of visas or other documents and for the timely receipt of the documents to be obtained, unless Cuba Buddy was culpably (co-)caused by the circumstances leading to the non-issuance or the delayed receipt.
4.1 Cuba Buddy only arranges travel services and does not guarantee the availability of a travel service. If only a travel service that differs from the customer’s arrangement order can be arranged, Cuba Buddy will inform the customer of this and await their instructions. The traveler can accept this offer with different content within a deadline set by the organizer for accepting the changed offer, namely by paying the travel price or starting the trip. If acceptance does not occur, a main contract is not concluded.
4.2 Cuba Buddy, as well as the customer, are obliged to check the booking confirmations sent to the customer by the service provider, as well as flight tickets, hotel vouchers, visas, insurance certificates and other travel documents for accuracy and completeness, in particular for compliance with the booking request. Cuba Buddy cannot check changes and deviations due to direct communication between the service provider and the customer. The customer is obliged to inform Cuba Buddy immediately of any deviations, missing documents or other discrepancies. If the customer does not comply with this obligation, he can in any case be jointly responsible for any damage resulting from this (§ 254 BGB).
4.3 If the content of the travel confirmation from Cuba Buddy differs from the content of the booking, this constitutes a new offer from Cuba Buddy. The contract is concluded on the basis of this new offer, provided that Cuba Buddy has informed Cuba Buddy of the change in relation to the new offer and has fulfilled its pre-contractual information obligations and the customer has declared acceptance to Cuba Buddy by means of an express declaration or down payment.
5.1 Cuba Buddy may charge a service fee for arranging the main contract and the associated services. The amount is variable and depends on the travel service booked. The service fee will not be refunded if the main contract is cancelled, unless the cancellation is due to the fault of Cuba Buddy and/or its vicarious agents.
5.2. In the event of cancellation of a booked travel service, Cuba Buddy can demand payment of the cancellation costs communicated at the time of booking from the customer, provided that the organizer has commissioned Cuba Buddy to collect the payment. If Cuba Buddy pays fees for trips or cancellations or flat-rate compensation for the customer to service providers or tour operators, Cuba Buddy is entitled to a claim for reimbursement of expenses against the customer. The customer can only offset these claims against his own claims if these are undisputed or legally established or are based on culpable action by Cuba Buddy. Any warranty claim by the customer or other claims by the customer against the service provider do not prevent the forwarding of the travel fee to the service provider.
5.3 If Cuba Buddy arranges package tours (§ 651a BGB), Cuba Buddy must check the validity of the tour operator’s security certificate. Payments are only due when the tour operator’s security certificate is handed over to the customer. If the security certificate is available, payment is due in accordance with the tour operator’s payment terms; the travel documents are sent on the basis of the tour operator’s travel terms or the agreement with the travel service provider. For online bookings, Cuba Buddy sends the travel documents to the customer within 4 working days of booking, but not before the customer has received full payment. For short-term bookings of less than 3 working days before the start of the service, the documents will be left for the customer at the airport or another service location by arrangement.
6.1 Cuba Buddy has no influence on price, service or tariff changes for the travel service arranged. If such a change has been effectively agreed between the customer and the service provider, Cuba Buddy can demand the difference from the customer.
6.2 If air transport is part of the trip, Cuba Buddy makes it clear that, due to internationally valid aviation regulations, airlines reserve the right to make changes to the agreed services within the framework of legal provisions. These changes are not the responsibility of Cuba Buddy. Claims resulting from or related to changes or defects in air transport must be addressed by the traveler directly to the airline. This particularly applies to claims related to the EU package travel regulation, as these rights are linked to the personal rights of air passengers. In particular, claims related to EU Regulation EC No. 261/2004, which regulates compensation for flight cancellations and delays.
6.3 In the event of price increases of more than 8%, the customer is entitled to either accept the change or withdraw from the package travel contract free of charge within a reasonable period set by Cuba Buddy at the same time as notifying the price increase. If the customer does not expressly declare to Cuba Buddy that they are withdrawing from the package travel contract within the period set by Cuba Buddy, the change is deemed to have been accepted.
6.4 For all so-called individual trips, we reserve the right to increase the price agreed in the travel contract in the event of strong exchange rate fluctuations (EUR-CUP, EUR-NAD or EUR-USD) to the extent that the trip has become more expensive for Cuba Buddy.
6.5 If taxes and other charges increase in accordance with section 5.1.b), the travel price can be increased by the corresponding, pro rata amount.
6.6 If the traveler does not use individual travel services due to an early return or for other reasons attributable to him, he is not entitled to a pro rata refund of the travel price. Cuba Buddy will endeavour to obtain reimbursement of the saved expenses from the service providers. This obligation does not apply if the services are completely insignificant or if a refund cannot be made. Cuba Buddy is entitled to deduct a processing fee of € 100 from the amount to be refunded and to retain it as compensation for the additional work involved.
7.1 In the case of notifications of defects and the assertion of claims against the service provider, Cuba Buddy’s obligation is limited to communicating the name and address of the service provider. This does not apply if Cuba Buddy has been authorized by the service provider to receive these declarations.
7.2 With regard to any claims of the customer against the service providers, Cuba Buddy is under no obligation to advise on the type, scope, amount, eligibility requirements and deadlines to be observed or other legal provisions.
8.1 The liability of Cuba Buddy as a travel agent for damages to the customer, regardless of the legal basis, is limited to three times the price of the travel service arranged, provided that the damage to the customer was not caused intentionally or through gross negligence by Cuba Buddy or a legal representative or vicarious agent of Cuba Buddy and is not based on a breach of essential contractual obligations by Cuba Buddy or a legal representative or vicarious agent. Excluded from the above limitation of liability are damages resulting from injury to life, body or health. Cuba Buddy is liable for these damages in accordance with the statutory provisions.
8.2 Without prejudice to any liability of Cuba Buddy in accordance with Section 8.1, Cuba Buddy as a travel agent is not liable for the proper provision of the arranged service itself. The respective service providers are solely responsible for the fulfilment and for defects in the arranged travel service.
8.3 Cuba Buddy assumes no liability for any changes to the service provided by the service provider after the conclusion of the main contract.
9.1 In accordance with EU Regulation No. 2111/2005 on the creation of a Community list of air carriers, the agent is obliged to inform the passenger of the identity of the operating airline when booking. If the operating airline has not yet been determined when booking, the agent will provide the passenger with the information available from the agent company about the airline that is likely to operate the flight. If the airline changes, the customer will be informed of the change immediately. The Community list of airlines banned from flying in the European Union can be accessed on the websites http://ec.europa.eu/transport/modes/air/safety/air-ban/index_de.htm and www.lba.de and can be handed over to the customer on request at the agent’s premises.
9.2 The contractual relationship between the customer and the airline shall be governed – as far as applicable – by the statutory provisions of the German Aviation Act, the Warsaw and Montreal Conventions and, directly, by domestic statutory provisions.
Regulation (EC) No 261/2004 on air passenger rights
Regulation (EC) No 2111/2005 on the establishment of a Community list of air carriers subject to an operating ban within the Community and on informing air passengers of the identity of the operating air carrier
Regulation (EC) No 1107/2006 of the European Parliament and of the Council concerning the rights of disabled persons and persons with reduced mobility when travelling by air.
9.3 The customer is strongly advised to inform himself about his rights as a passenger, e.g. through the notices in the airports, through the information of the operating airline or through the information sheets of the Federal Aviation Office at www.lba.de.
10.1 The following applies to the prices and service fees for the arrangement of air transport services by airlines in accordance with Section 9 of these Terms and Conditions:
10.2 The prices indicated and invoiced are airline prices and do not include any commission or other fee charged by the airline for the agent’s activities.
10.3 The agent’s remuneration for this brokerage activity shall therefore be exclusively through service fees to be paid by the customer.
10.4 The service fee for Cuba Buddy’s brokerage activities is, unless otherwise agreed in individual cases, 10% of the gross price of the brokered air transport company. The service fee for brokerage activities in connection with flight bookings is 10% or, unless otherwise agreed in individual cases, € 60 per flight ticket, or € 100 per ticket for Business and First classes.
10.5 If no agreement has been made on the amount of a corresponding service fee, the customer owes the agent a fee in accordance with the statutory provisions, i.e. there is an obligation to pay a usual fee by the client.
10.6 The service fees for the arrangement of other travel services and for other activities on behalf of the customer require a corresponding agreement. This can be done, for example, by means of a corresponding oral or written notice from the agent.
10.7 The agent’s claim to service fees – including for flight arrangements – remains valid despite service disruptions or changes, in particular rebooking, name changes, withdrawal, cancellation, annulment or termination of the arranged contract by the service provider or the customer. This does not apply if the customer’s claim for reimbursement arises from a claim for damages by the customer due to deficiencies in the agent’s advisory or brokerage activities arising from contractual or legal claims.
11.1 The customer must assert claims against Cuba Buddy for non-contractual fulfillment of the brokerage contract within one month (limitation period). Excluded from this are claims by the customer for injury to life, body, health or other damages that are based on an intentional or grossly negligent breach of duty by Cuba Buddy or one of its legal representatives or vicarious agents. Claims for non-obvious defects in the work are also excluded.
11.2 The limitation period begins with the end of the arranged travel service agreed in the main contract (in the case of several travel services in immediate succession with the end of the last travel service), but not earlier than the time at which the customer becomes aware of the circumstances giving rise to the claims against Cuba Buddy. After this limitation period has expired, the customer can only assert claims against Cuba Buddy if he was prevented from complying with the deadline through no fault of his own.
11.3 Claims by the customer against Cuba Buddy expire after one year. The limitation period begins at the end of the year in which the claim arose and the customer became aware of the circumstances giving rise to the claim and the identity of the opposing party or could have become aware of them without gross negligence.
11.4 The limitation period specified in section 11.3 does not apply to claims by the customer for injury to life, body, health or other damages that are based on an intentional or grossly negligent breach of duty by Cuba Buddy or one of its legal representatives or vicarious agents or on a breach of essential contractual obligations. The limitation period for the claims mentioned is governed by the statutory provisions.
The provisions of this Section B on the arrangement of linked travel services apply exclusively if Cuba Buddy hands out the form on the arrangement of linked travel services. This form informs the customer that booking another travel service with Cuba Buddy does not constitute a package tour, but that linked travel services arise when the second contract is concluded.
1.1 Cuba Buddy may only accept payments from the traveler for compensation for travel services of associated travel services if Cuba Buddy has ensured that these will be reimbursed to the traveler, insofar as travel services are to be provided by Cuba Buddy itself or payment claims of mediated service providers are still to be met and in the event of Cuba Buddy’s insolvency, travel services are cancelled or the traveler complies with payment requests from unsatisfied mediated service providers with regard to travel services provided.
1.2 Cuba Buddy provides this security when arranging associated travel services by taking out insolvency insurance in accordance with Section 651w Paragraph 3 of the German Civil Code (BGB), stating the name and contact details of the customer’s money insurer in a clear, understandable and prominent manner and handing over a corresponding security certificate for all payments made by the customer to Cuba Buddy for associated travel services, unless the customer pays directly to the service provider of the associated travel service.
2. Reference to the additional validity of provisions in Section A of this Part I.
In addition, the provisions of Part I Section A apply to the brokerage of linked travel services.
The following provisions, if effectively agreed, will form part of the package travel contract concluded between you (hereinafter referred to as “customer”, “guest” or “traveller”) and Travel Buddies GmbH (hereinafter abbreviated to “Cuba Buddy”). They supplement and complete the legal provisions of §§ 651a – y BGB (German Civil Code) and Articles 250 and 252 of the EGBGB (Introductory Act to the German Civil Code).
1.1 Cuba Buddy’s package travel services do not generally include air transport services. Unless the flight is expressly stated in the travel advertisement as part of the package tour offered and carried out by Cuba Buddy, flight services are not to be understood as separate services, but as an arranged service in addition to the package tour.
1.2 To the extent that Cuba Buddy arranges additional tourist services from other service providers (e.g. air transport plus a stay in the airport lounge) in addition to the air transport services and these additional services from the other service providers do not make up a significant proportion of the total value of this service package and are neither an essential feature of this service package from the service provider or from Cuba Buddy itself nor are advertised as such, Cuba Buddy only acts as an agent. In this respect, reference is made to Part I Section A.
1.3 As a travel agent, Cuba Buddy has the status of an agent for linked travel services, provided that the requirements for Cuba Buddy to arrange linked travel services are met in accordance with the statutory provisions of Section 651w of the German Civil Code (BGB). In this respect, reference is made to Part 1, Section B.
1.4 Without prejudice to Cuba Buddy’s obligations as a provider of linked travel services in accordance with Part I Section B and the legal consequences of non-fulfillment of these legal obligations, if the requirements under 1.2 or 1.3 are met, Cuba Buddy is neither a tour operator nor a contractual partner of the contract for the services brokered that is concluded in the event of a booking. Cuba Buddy is therefore not liable for the information provided by the brokered contractual partner on prices and services, for the provision of the service itself or for damages arising from these brokered services. Any liability of Cuba Buddy arising from the brokerage contract and from statutory provisions, in particular under mandatory provisions on telemedia and electronic commerce, remains unaffected by this.
1.5 The above provisions do not affect Cuba Buddy’s liability under the brokerage agreement.
2.1 The contract is concluded either when the invoice is sent (booking confirmation) or when the flight is booked (see also 2.2) by Cuba Buddy, which the customer has declared binding in advance by signing the booking order. In general, acceptance does not require any specific form.
2.2 For package holidays with international flights, the flight booking by Cuba Buddy is already considered a booking confirmation, even if the customer has not yet been informed of this. As flight prices are subject to constant fluctuations, Cuba Buddy prioritizes the booking of flights before issuing the invoice. In exceptional cases, especially during periods of high booking volume, there may be a delay of a few days between the flight booking and the invoice being sent. In this case, the flight booking is already considered a booking confirmation. The customer can ask Cuba Buddy about the status of the flight booking at any time. In case of doubt, Cuba Buddy will provide proof of the time of booking.
2.3 The travel description on the Internet and in the documents sent by Cuba Buddy do not legally constitute an offer. Only the customer’s registration is to be understood as an offer in the legal sense, to which the customer is bound until acceptance by Cuba Buddy, but for a maximum of 14 days from registration.
2.4 The customer is responsible for all contractual obligations of fellow travelers for whom he makes the booking, as if they were his own, provided that he has assumed this obligation by means of an express and separate declaration.
2.5 If the content of the booking confirmation from Cuba Buddy differs from the content of the booking, this constitutes a new offer from Cuba Buddy. The contract is concluded on the basis of this new offer, to which Cuba Buddy is bound for a period of 10 days. This is provided that Cuba Buddy has informed Cuba Buddy of the change in relation to the new offer and has fulfilled its pre-contractual information obligations and the customer has declared acceptance to Cuba Buddy by means of an express declaration or down payment.
2.6 Cuba Buddy points out that according to the legal provisions (§§ 312 para. 7, 312g para. 2 sentence 1 no. 9 BGB) for package travel contracts according to § 651a and § 651c BGB that were concluded via distance selling (letters, catalogues, telephone calls, telecopies, emails, messages sent via mobile phone service (SMS) as well as radio, telemedia and online services), there is no right of cancellation, but only the statutory rights of withdrawal and termination. In particular the right of withdrawal according to § 651h BGB. However, a right of cancellation exists if the contract for travel services according to § 651a BGB was concluded outside of business premises, unless the oral negotiations on which the conclusion of the contract is based were conducted on the consumer’s prior order; in the latter case, a right of cancellation also does not exist. The above notice also applies if contracts for accommodation services (e.g. hotel rooms) or flight services are concluded with Cuba Buddy, where Cuba Buddy is not an agent but the direct contractual partner of the customer/traveller.
3.1 Upon receipt of the invoice, the amount due must be transferred to the specified account according to the due date and may vary depending on the travel date and travel service.
3.1.1 To book an individual trip, a deposit of 25% of the trip price must be paid into the specified account upon receipt of the invoice. The payment will be credited towards the trip price. If you take out a premium for an insurance package or travel cancellation insurance, this is not included in the trip price and is due with the deposit. Your payments towards the trip price are insured against insolvency in accordance with Section 651k Paragraph 3 of the German Civil Code. When the booking confirmation or invoice is sent, you will receive the security certificate as “qualified travel documents”. Payment of the remaining trip price is due 30 days before the start of the trip. The travel documents will be sent by Cuba Buddy or the travel agency 14 days after receipt of the remaining payment.
3.1.2 When booking a group trip, a payment of 100% of the travel price must be made to the specified account upon receipt of the booking confirmation/invoice. If you take out a premium for an insurance package or travel cancellation insurance, this is not included in the travel price and is due with the total payment. Your payments towards the travel price are insured against insolvency in accordance with Section 651k Paragraph 3 of the German Civil Code. When the booking confirmation or invoice is sent to you, you will receive the insurance certificate as a “qualified travel document”.
3.2. If the customer does not make the down payment and/or the remaining payment in accordance with the agreed payment deadlines, although Cuba Buddy is ready and able to properly provide the contractual services, has fulfilled its legal information obligations and the customer has no legal or contractual right of retention, Cuba Buddy is entitled to withdraw from the package travel contract after issuing a reminder with a deadline and to charge the customer with cancellation costs.
3.3 Cuba Buddy and travel agents may only request or accept payments on the travel price before the end of the package tour if an effective customer money protection contract has been concluded and the customer has been given the security certificate with the name and contact details of the customer money insurer in a clear, understandable and highlighted manner.
3.4 If the booking is made less than 30 days before the start of the trip, the entire travel price is due immediately upon receipt of the total invoice.
3.5 If you book flights as part of a package holiday or as an arranged travel service, a payment of 100% of the flight price is due immediately upon receipt of the invoice into our specified account.
4.1 The scope of the contractual services can be found in the service descriptions in the offer and the information in the confirmation/invoice that refers to them. Services that are not expressly stated in the booking form or offer are not part of the contractually agreed service. Subsidiary agreements that change the scope of the contractual service require our express written confirmation.
4.2 Deviations of essential characteristics of travel services from the agreed content of the package travel contract, which become necessary after conclusion of the contract and were not brought about by Cuba Buddy in bad faith, are permitted by Cuba Buddy before the start of the trip, provided that the deviations are insignificant and do not affect the overall structure of the trip.
4.3 Complaints regarding the contractually agreed services must be reported immediately to Cuba Buddy or the colleagues on site so that the problem can be remedied immediately. If the participant negligently fails to report a defect and Cuba Buddy is not given the opportunity to remedy the defect, a reduction in the price is excluded. The traveler must assert claims according to §§ 651c to 651f BGB against Cuba Buddy within one month of the contractually agreed end of the trip.
4.4 You can set a reasonable deadline for Cuba Buddy to provide the remedy, which you must inform Cuba Buddy of. After this deadline has expired, the customer is free to find the remedy themselves and claim reimbursement of expenses from Cuba Buddy. However, this deadline is only effective if a remedy has not already been offered or has been excluded according to point 3.4.
4.5 If providing a remedy would require disproportionate effort, Cuba Buddy may refuse to provide the remedy.
4.6 If the trip or continuation of the trip is unreasonable or significantly impaired due to a defect, you can terminate the travel contract in accordance with the law after a reasonable period of notice has expired, which you have communicated. If the remedy is impossible, excluded according to point 3.4 or the termination is already justified by a special customer interest, the obligation to set a deadline does not apply.
4.7 If the traveler does not use individual travel services that were properly offered to him for reasons that are attributable to him (e.g. due to early return or other compelling reasons), he is not entitled to a pro rata refund of the travel price. Cuba Buddy will endeavor to have the service providers reimburse the saved expenses. This obligation does not apply if the services are completely insignificant or if a refund cannot be made. Cuba Buddy is entitled to deduct a processing fee of € 100 from the amount to be refunded and to retain it as compensation for the additional work involved.
5.1 The customer must immediately inform Cuba Buddy of any errors or deficiencies in the brokerage activities that he or she discovers. This includes in particular incorrect or incomplete information about personal customer data, other information, information and documents about the travel services arranged, as well as the incomplete execution of brokerage services (e.g. bookings or reservations not made).
5.2
a) If the customer does not give notice in accordance with clause 5.1, the following applies: If the customer fails to give notice in accordance with clause 5.1 through no fault of his own, his claims will not lapse.
b) The customer’s claims against Cuba Buddy are void to the extent that Cuba Buddy proves that the customer would not have suffered any damage or would not have suffered the amount claimed by the customer had the damage been reported properly. This applies in particular to the extent that Cuba Buddy proves that immediate notification by the customer would have given Cuba Buddy the opportunity to remedy the defect or reduce the damage, e.g. by rebooking, making an additional booking or cancelling with the service provider.
c) If the customer fails to give notice in accordance with clause 5.1 through no fault of his own, his claims shall not be forfeited.
d) Claims of the customer in the event of failure to notify in accordance with clause 5.1 shall not lapse
for damages resulting from injury to life, body or health resulting from an intentional or negligent breach of duty by Cuba Buddy or a legal representative or vicarious agent of Cuba Buddy
in the case of claims for compensation for other damages that are based on an intentional or grossly negligent breach of duty by Cuba Buddy or a legal representative or vicarious agent of Cuba Buddy
in the event of a breach of an essential obligation, the fulfilment of which makes the proper execution of the brokerage contract possible in the first place or the breach of which endangers the achievement of the purpose of the contract.
Liability for booking errors according to Section 651x BGB remains unaffected.
e) A contractual and/or legal obligation of the customer to notify the service provider of defects remains unaffected by clause 5.
f) In his own interest, the customer is requested to inform Cuba Buddy of any special needs or restrictions with regard to the travel services requested.
5.3 Setting a deadline before termination If the customer/traveller wishes to terminate the package travel contract due to a travel defect of the type described in Section 651i Paragraph (2) of the German Civil Code (BGB), provided that it is significant, in accordance with Section 651l of the German Civil Code (BGB), he must first set Cuba Buddy a reasonable deadline to remedy the defect. This only does not apply if Cuba Buddy refuses to remedy the defect or if immediate remedy is necessary.
6.1 Cuba Buddy has no influence on price, service or tariff changes for travel services. If such a change has been effectively agreed between the customer and the service provider, Cuba Buddy can demand the difference from the customer.
6.2 If air transport is part of the trip, Cuba Buddy makes it clear that, due to internationally valid aviation regulations, airlines reserve the right to make changes to the agreed services within the framework of legal provisions. These changes are not the responsibility of Cuba Buddy. Price increases are only permitted up to 20 days before the start of the trip and must be communicated to the customer. Direct claims by travelers against the airline must be addressed directly to the airline by the traveler. This particularly applies to the EU package travel regulation, as this is linked to personal passenger rights. In particular, EU Regulation EC No. 261/2004 regarding compensation for flight cancellations and delays is made by the injured party to the airline.
6.3 In the event of price increases of more than 8%, the customer is entitled to either accept the change or withdraw from the package travel contract free of charge within a reasonable period set by Cuba Buddy at the same time as notifying the price increase. If the customer does not expressly declare to Cuba Buddy that they are withdrawing from the package travel contract within the period set by Cuba Buddy, the change is deemed to have been accepted.
6.4 For all so-called individual trips, we reserve the right to increase the price agreed in the travel contract in the event of strong exchange rate fluctuations (EUR-CUP, EUR-NAD or EUR-USD) to the extent that the trip has become more expensive for Cuba Buddy.
6.5 If taxes and other charges increase in accordance with section 5.1.b), the travel price can be increased by the corresponding, pro rata amount.
6.6 It is possible that changes or deviations to individual travel services from the agreed content of the travel contract must be made. These changes, which arise after the contract has been concluded and which were not brought about by us in bad faith, are permissible. The premise for this is that the changes or deviations are not significant and do not affect the overall structure of the booked trip. In the event of a significant change to an essential travel service, the customer is free to withdraw from the contract. The travel price already paid will then be refunded.
6.7 In the case of air travel, the airlines named as operating the flight are subject to change unless a specific airline has been expressly agreed upon in the contract.
6.8 If such a change in service occurs, Cuba Buddy will inform you as soon as it becomes aware of it.
7.1 The customer is free to withdraw from the trip at any time before the start of the trip. To avoid misunderstandings, the cancellation must be declared by email or in writing. The time at which the cancellation notice is received by Cuba Buddy is decisive for the calculation of the cancellation costs. The amount of the cancellation costs depends on the price of the trip. The cancellation fees in the event of a cancellation per registered participant are listed below.
7.1.1 When booking an individual trip, the service fees*/ “cancellation scale” are as follows:
up to 45 days before departure 25%,
from 44 days to 30 days before departure 45%,
from 29 days to 14 days before departure 75%,
from 13th day to 7th day before departure 85%,
from 6 to 0 days before departure, in case of non-commencement of the journey or after departure 95% of the travel program
*Exception to the flat rates for flights as part of the package tour:
If flights are priced separately as part of the package tour, Cuba Buddy will receive no or only a small partial refund if the customer cancels. Therefore, the cancellation costs for the individual service shown are a flat rate of 100%. The compensation flat rates listed apply to the remaining travel price.
7.1.2 When booking with flights (as part of an individual trip)
If flights are cancelled, we charge a fee of €60 per ticket. Any additional cancellation costs incurred by the airline must be borne in full by the traveller.
7.1.3 Sailing trip (as part of an individual trip)
If you cancel sailing trips and excursions, you will be responsible for any fees charged by the provider.
7.2 If different cancellation and rebooking conditions are expressly stated in the offer, these shall take precedence.
7.3 The travel customer is free to prove to Cuba Buddy that no damage or significantly less damage has occurred than the flat rate demanded.
7.4 If a travel participant disrupts the trip despite a warning or behaves in a manner that is grossly contrary to the contract, Cuba Buddy has the right to terminate the contract without notice. Cuba Buddy retains the right to the travel price.
7.5 Instead of the above-mentioned flat rates, Cuba Buddy can demand a higher, specifically quantified compensation if Cuba Buddy can prove that higher expenses were incurred due to the cancellation. In this case, Cuba Buddy is obliged to provide evidence of the amount demanded, taking into account the expenses saved and any alternative use of the travel service.
7.6 If the traveler withdraws before the start of the trip or does not start the trip, Cuba Buddy loses the right to the travel price. Instead, Cuba Buddy can demand appropriate compensation according to the cancellation scale, provided that the withdrawal is not the responsibility of Cuba Buddy or if unavoidable, extraordinary circumstances occur at the destination or in its immediate vicinity that significantly affect the implementation of the package tour or the transport of people to the destination; circumstances are unavoidable and extraordinary if they are beyond the control of Cuba Buddy and their consequences could not have been avoided even if all reasonable precautions had been taken.
7.7 We strongly recommend that you take out travel cancellation insurance and insurance to cover the costs of repatriation in the event of accident or illness.
8.1 If, after concluding the travel contract, the traveler wishes to take a different trip instead of the one originally booked or to provide a suitable replacement person up to 30 days before the start of the trip, this is in principle possible after consultation. Cuba Buddy charges a rebooking fee of 200 euros per person for the additional effort, plus the costs incurred by the third party joining. Later rebookings can possibly be made after consultation for an increased rebooking fee plus the costs incurred by the third party joining.
8.2 If the customer requests to change their booking later than 30 days before the start of the trip, if this is possible at all, this can only be done after withdrawal from the package travel contract in accordance with section 5 under the conditions and simultaneous re-registration. This does not apply to requests for changes that only incur minor costs.
8.3 Requests to change your booking during the trip, such as changing the itinerary, accommodation, activities or transfer times, are only possible after consultation and approval by Cuba Buddy (at least 48 hours during working days, Monday to Friday). In any case, a rebooking fee of 200 euros per traveler plus cancellation costs will be charged.
8.4 A rebooking always requires the availability of the service.
Cuba Buddy may withdraw if the minimum number of participants is not reached in accordance with the following regulations:
The minimum number of participants and the latest time at which the customer must receive Cuba Buddy’s cancellation notice must be stated in the respective pre-contractual information.
Cuba Buddy must state the minimum number of participants and the latest cancellation period in the travel confirmation.
Cuba Buddy is obliged to inform the customer of the cancellation of the trip immediately if it is certain that the trip will not take place because the minimum number of participants has not been reached.
Cuba Buddy is not permitted to withdraw later than 3 weeks before the start of the trip.
If the trip is not carried out for this reason, the customer will receive a refund of any payments made towards the travel price immediately.
10.1 It is the traveller’s duty to inform Cuba Buddy if required travel documents (e.g. hotel vouchers, vouchers for accommodation) are not delivered within the deadline communicated by Cuba Buddy.
10.2 The traveler is obliged to check the travel documents provided for accuracy and completeness, in particular for compliance with the booking. Cuba Buddy must be informed immediately of any discrepancies, missing documents or other discrepancies. If this is neglected, the traveler is jointly responsible for any resulting damage (§ 254 BGB).
11.1. According to EU Regulation No. 2111/2005 on informing passengers of the identity of the operating air carrier, Cuba Buddy is obliged to inform the traveler of the identity of the operating airline for all air transport services to be provided as part of the booked trip when booking. If the operating airline has not yet been determined, the most likely airline must be named first and the traveler informed accordingly as soon as the operating airline is determined. If the operating airline changes, Cuba Buddy must inform the traveler immediately. A “black list” of unsafe airlines that are banned from flying in the EU can be found on the following website: http://ec.europa.eu/transport/modes/air/safety/air-ban/index_de.htm
11.2. The airlines and the state coordination authorities are essentially responsible for the design of the flight plan and its adherence. Therefore, short-term changes to flight times, routes and aircraft may occur that are outside the control of Cuba Buddy. Travelers are obliged to inform themselves about the exact time of the return flight from the airline before the return flight and to have the return flight confirmed. In addition, reference is made to the corresponding explicit information in the travel documents. Any claims of the traveler due to unreasonable changes to the service remain unaffected.
12.1 Cuba Buddy draws the travellers’ attention to all important travel regulations such as entry and health regulations in the travel documents. It is assumed that the traveller is a citizen of the Federal Republic of Germany. For citizens of other countries, the relevant consulate can provide information.
12.2 The traveler is responsible for complying with all regulations that are important for the implementation of the trip. Any disadvantages that arise from non-compliance with these regulations are at the traveler’s expense. The traveler must ensure that the passport and other required documents are sufficiently valid.
Travelers are informed that, in accordance with aviation law, baggage loss, damage and delay in connection with air travel must be reported immediately on site to the responsible airline using a damage report (“PIR”). Airlines and Cuba Buddy can refuse reimbursement based on international agreements if the damage report has not been completed. The damage report must be submitted within 7 days of delivery in the case of damage to baggage and within 21 days in the case of delay.
In addition, the loss, damage or misrouting of luggage must be reported immediately to Cuba Buddy, its representative or contact point or the travel agent. This does not release the traveler from the obligation to report the damage to the airline within the above deadlines.
14.1 Due to the constantly changing situation, it is accepted that the agreed travel services will always be provided by the respective service providers in compliance with and in accordance with the official specifications and requirements applicable at the time of travel.
14.2. The traveler agrees to observe any reasonable usage regulations or restrictions imposed by the service provider when using travel services and to immediately notify the tour guide and the service provider in the event of typical symptoms of illness occurring.
Travelers should inform themselves about infection and vaccination protection as well as other preventive measures in good time; if necessary, medical advice should be sought about thrombosis and other health risks. Reference is made to general information, in particular from health authorities, tropical medicine specialists, travel medicine information services or the Federal Center for Health Education. The information material provided by Cuba Buddy in this regard makes no claim to constant topicality or completeness, although we endeavor to keep our documents up to date.
Our liability for damages that are not physical injuries is limited to three times the travel price in the case of contractual claims for damages, provided that the damage to the participant was not caused intentionally or through gross negligence by us or Cuba Buddy is responsible for damages incurred by the travel participant solely due to the fault of a service provider. If international agreements or legal provisions based on such agreements apply to a service to be provided by a service provider, according to which a claim for damages only arises or can be asserted under certain conditions or restrictions or is excluded under certain conditions, Cuba Buddy can also invoke this against the travel participant.
17.1 Cuba Buddy’s contractual liability for damages that do not result from injury to life, body or health and were not caused negligently is limited to three times the travel price. Any claims that may go beyond this under the Montreal Convention or the Air Traffic Act remain unaffected by this limitation of liability.
17.2 Cuba Buddy is not liable for service disruptions, personal injuries and property damage in connection with services that are merely arranged as third-party services (e.g. arranged tours, excursions, etc.) if these services are clearly identified as third-party services in the travel advertisement and the travel confirmation, stating the identity and address of the arranged contractual partner (so that it is clear to the traveler that they are not part of the package tour from Cuba Buddy and were selected separately). Sections 651b, 651c, 651w and 651y of the German Civil Code remain unaffected by this.
17.3 However, Cuba Buddy shall be liable if and to the extent that damage to the traveller was caused by Cuba Buddy’s breach of its duty to provide information, explanations or organisation.
Claims due to travel defects (§§ 651 c – 651 f BGB) expire after one year. This limitation period begins on the day on which the trip was supposed to end according to the travel contract. The assertion of other claims remains unaffected by this regulation.
Should any of the above travel conditions be invalid or inadmissible, this will have no effect on the validity of the remaining travel conditions.
The exclusive place of jurisdiction for lawsuits against Travel Buddies GmbH is Berlin. Otherwise, the statutory provisions apply.
1.1 Cuba Buddy will apply for a visa for entry into Cuba on behalf of the traveler in return for payment and reimbursement of the public fees incurred. This is referred to hereinafter as either a “visa” or “tourist card”.
1.2 Cuba Buddy is only responsible for sending the tourist card for entry into Cuba. Cuba Buddy does not undertake a preliminary check as to whether the traveler can be granted entry or exit.
1.3 The sending of the tourist card does not guarantee that entry and/or exit from Cuba will be possible. Entry and exit are the sole decisions of the responsible Cuban authorities. Cuba Buddy is therefore not liable for any additional costs incurred due to a refusal to enter and/or exit from Cuba.
1.4 With the purchase, the customer acquires the non-transferable right to use the offered tourist card/visa for exclusively personal use in accordance with the General Terms and Conditions and Cuban sovereign law upon entry.
Under no circumstances is it permitted to pass on the tourist card to third parties in any way, whether for a fee or free of charge, to resell it or to use it in any way for commercial purposes.
2.1 The traveler must inform himself independently about the conditions for entering and/or leaving Cuba, as well as for using the tourist card in Cuba. Binding information about the requirements and conditions for using the tourist card is only provided in the travel and visa information published by Cuba.
2.2 The traveler is obliged to check the integrity of the tourist card and the stamp on the back upon receipt. If the tourist card is damaged or the “Cuba Buddy” stamp is missing, he is obliged to inform Cuba Buddy immediately.
The travel information published by Cuba Buddy on its website is intended as a guide and makes no claim to completeness or accuracy. In the event of changes to entry and exit regulations, Cuba Buddy is not obliged to inform the traveler of the changes to entry and/or exit regulations.
4.1 The customer undertakes to provide the personal data required to process the visa application completely and truthfully. By entering the data on the Cuba Buddy website, the customer assures that it is correct. This applies in particular when using the form filling service.
4.2 Cuba Buddy is not liable for any obstacles to entry and/or exit resulting from incorrect and/or incomplete data entry, nor for any additional travel and accommodation costs.
5.1 By entering the data on the homepage, the customer makes an offer to conclude a corresponding business management contract (i.e. purchase of the tourist card). Cuba Buddy accepts this offer by receiving the entire invoice amount.
5.2 The concluded contractual relationship becomes void and the mutual performance obligations cease to apply if the service fee requested by Cuba Buddy for the visa application is not received in Cuba Buddy’s business account within a period of 2 weeks after receipt of the order.
5.3 The service fee charged for the application for the travel visa is shown on the Cuba Buddy website.
5.4 The service fee is due for payment immediately upon confirmation of the order by Cuba Buddy. Payment must be made to Cuba Buddy’s account using the payment methods offered.
6.1 Cuba Buddy is not obliged to make any advance payment. The tourist card will only be sent after the service fee charged by Cuba Buddy for its activities has been credited to Cuba Buddy’s business account.
6.2 Bank processing times in connection with the transfer of the purchase price to Cuba Buddy as well as additional fees charged by the banks for the transfer are borne exclusively by the customer. Cuba Buddy is not liable for the delay in obtaining a tourist card due to delayed bank processing and any costs that may result from this.
7.1 Processing may be delayed, particularly due to holidays and other circumstances over which Cuba Buddy has no control. To the extent that Cuba Buddy specifies processing times for issuing visas on its website, Cuba Buddy does not guarantee or warrant that a travel visa can actually be sent within the specified processing time.
7.2 Cuba Buddy generally sends the tourist card by post.
7.3 Cuba Buddy accepts no liability for damage caused by a delayed delivery or a delivery lost during shipping. This is particularly the case when choosing uninsured postal delivery when purchasing tourist cards. The customer is responsible for ordering in a timely manner and selecting the shipping option. Cuba Buddy offers inexpensive, uninsured postal delivery, but cannot be held liable for loss. For time-critical orders, Cuba Buddy recommends express delivery.
8.1 Consumers have a right of withdrawal in accordance with the following provisions, whereby a consumer is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity.
The detailed cancellation policy and cancellation template can be found here: https://shop.cuba-buddy.de/pages/widerrufsrecht
8.2 The following exceptions apply to withdrawals and cancellations. If you have booked our visa filling service, you can no longer withdraw from the purchase if the visa has already been personalized. The same applies to blank visas that you have already filled out.
1.1 This part of the General Terms and Conditions applies to the booking of activities that are booked as individual services and are not related to a booked package tour.
1.2 The offer will be accepted by us, subject to availability, by sending you a booking confirmation and, where applicable, a voucher/ticket (either a mobile voucher or a downloadable PDF voucher/ticket) and a payment confirmation. We reserve the right to accept or reject contract offers at our sole discretion.
Changes must be sent in writing by email to Cuba Buddy.
For cancellations more than 24 hours before the start of the activity: full refund of the booking price; and
For cancellations made less than 24 hours before the start of the activity or in case of no-show: no refund.
3.1 In most cases, the award prices quoted include all taxes and fees. However, it is possible that additional local taxes or fees may be charged locally. If additional taxes or fees are charged locally, this will be stated in the activity description.
3.2 The prices may be subject to special conditions, for example with regard to cancellations and the refund of payments made. Participants are obliged to check independently before booking whether they comply with the necessary conditions.
4.1 Participants are responsible for arriving at the meeting point on time. If you are travelling to the activity from abroad, you are responsible for obtaining the necessary travel documents (passport, visa, etc.) and complying with health regulations, etc.
4.2 Insurance is not included in the booking price for the services. Participants are responsible for ensuring they have adequate insurance cover. We strongly recommend taking out travel insurance, especially if the activity is outdoor or high-risk.
4.3 No liability is accepted for damages resulting from an action by the participant or another participating person.
4.4 Time and deadline calculations are based on the local time zone.
4.5 By booking the service you confirm that you are physically fit enough to perform the activity.
4.6 The activity can be cancelled without notice if weather conditions, official measures, strikes or other external circumstances that are not foreseeable or can only be avoided with disproportionate effort and that are beyond our control (in particular events of force majeure) make the activity impossible or significantly more difficult or endanger it. In this case, the booking price paid for the cancelled activity will be refunded.
4.7 The guide may exclude participants from an activity if (i) the requirements for participation are not met, (ii) the person would endanger themselves or others by participating, or (iii) would otherwise disrupt the activity. In these cases, the booking price paid for the activity will not be refunded.
4.8 Minor changes to the program can be made at any time before or during the activity if this appears necessary due to circumstances that have arisen at short notice. Minor changes to the program also include a change to the start/meeting point for the activity, provided that the new meeting point can be reached by participants on foot or by public transport within 15 minutes from the originally agreed meeting point. A change to the start/meeting point is possible up to 24 hours before the start of the booked activity and will be communicated by email or telephone.
Cuba Buddy protects the personal data of all customers and therefore undertakes to use personal data, i.e. all data that is collected from the respective participant in connection with booking processes, registration processes and/or the use of Cuba Buddy services by Cuba Buddy for this and possibly other travel participants and subsequently stored, processed and used, only for the purposes of processing contracts concluded with the involvement of Cuba Buddy and for customer loyalty. Cuba Buddy may transmit such data to third parties who use this data to fulfil and process contracts concluded with the involvement of Cuba Buddy, in particular partner agencies, shipping companies, airlines, transfer service providers, hotel operators and travel insurance providers. Cuba Buddy undertakes not to pass on personal customer data to external third parties unless there is a legal or official obligation to do so. You can find out more about your rights as a data subject, in particular your right of objection, in the data protection declaration at www.Cuba Buddy.de
2.1 With regard to the law on consumer dispute resolution, Cuba Buddy points out that Cuba Buddy does not participate in voluntary consumer dispute resolution. If consumer dispute resolution becomes mandatory for Cuba Buddy after these terms and conditions have been printed, Cuba Buddy will inform consumers of this in an appropriate form. For all travel contracts concluded electronically, Cuba Buddy refers to the European online dispute resolution platform http://ec.europa.eu/consumers/odr/.
2.2 For customers/travellers who are not nationals of a member state of the European Union or Swiss citizens, the entire legal and contractual relationship between the customer/traveller and Cuba Buddy is subject exclusively to German law. Such customers/travellers can only sue Cuba Buddy at their place of residence.
2.3 For legal actions brought by Cuba Buddy against customers or contracting parties to the package travel contract who are merchants, legal entities under public or private law or persons who have their place of residence or habitual abode abroad or whose place of residence or habitual abode is not known at the time the action is brought, the place of jurisdiction shall be the registered office of Cuba Buddy.
The invalidity of individual provisions of the contract, including these terms and conditions, does not result in the invalidity of the entire contract.
Tour operator
Travel Buddies GmbH
Oranienstraße 183, 10999 Berlin
hallo@cuba-buddy.de
Entry in the commercial register
Register court: Berlin Charlottenburg
Registration number: HRB 193126 B
Subject to printing errors!
