TERMS AND CONDITIONS WHEN OPERATING AS A TRAVEL AGENT
Please read these general terms and conditions carefully as they represent an essential part of your travel agreement. They describe what you are legally entitled to from Cuba Buddy UG Limited when purchasing a trip through Cuba Buddy UG Limited, as well as your own legal obligations as a customer. The term “you” is used to refer to visitors of our website, customers, and other users of our services. All trips advertised on our website are offered by Cuba Buddy UG Limited (hereinafter referred to as “Cuba Buddy”, “us”, “we”, “our”). Both as a tour operator and travel agent, Cuba Buddy offers its services exclusively on the basis of these General Terms and Conditions.
The Terms and Conditions apply to all bookings of travel services made at our agencies, via our Internet travel portal on the websites registered by Cuba Buddy (hereinafter referred to as “travel portal”) and via our phone booking service as well as written bookings and bookings in text form.
Booking contracts are made on the terms of these booking conditions, which are governed by German law, and the jurisdiction of the German Court.
All trips sold are subject to the following conditions:
Note about Insurance: Adequate and valid travel insurance for Cuba is compulsory for all travelers. Obtaining such an insurance is mandatory for an acceptance of your booking through us. We recommend you take out a travel insurance as soon as we confirm your booking.
1. Binding of the Contract
1.1 By submitting the booking registration provided in our travel portal (travel request), making a telephone booking request to Cuba Buddy’s telephone booking service, sending written inquiries to Cuba Buddy and/or making an oral booking request, the customer makes Cuba Buddy a binding offer to enter into a paid agency agreement (hereinafter “booking request”) to which it is bound for five days. Thereafter, Cuba Buddy is to negotiate a contract for certain travel services (hereinafter “main booking contract”) between the customer and the respective service provider. At the same time, the booking request represents the customer’s offer to conclude the main contract with the service provider.
1.2 Cuba Buddy accepts the client’s request in writing, text form, or orally. Upon Cuba Buddy’s acceptance of the booking request, the main contract is concluded between Cuba Buddy and the customer as a business contract. The 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 upon conclusion of the main contract for this travel service, the main contract is concluded between the customer and the service provider. The service providers’ acceptance of the customer’s booking offer shall be presented by means of a written confirmation of the booking or a confirmation in text form.
1.4 Both parties’ rights and obligations under the agreement result from the agreements made between Cuba Buddy and the customer, these terms and conditions, and the legal regulations.
1.5 The rights and obligations of the customer regarding the service provider shall be governed exclusively by the terms of the main contract as well as the general terms and conditions of the service provider. Cuba Buddy will inform the customer of the service provider’s terms and conditions before or upon conclusion of the main contract and give the customer the opportunity to take note of its contents.
1.6 If the customer also registers additional travel participants for the travel service, the main customer is also made responsible for the contractual obligations of all other travel participants registered by the customer as explicitly stated in the main contract.
2. Cuba Buddy’s Contractual Obligations
2.1 Cuba Buddy’s contractual service obligation, in accordance with these terms and conditions, shall consist of
a) arranging contracts, within the limits of availability, with the respective service providers according to the booking request,
b) b) the processing of the booking (in particular the handling of travel documents, as long as these are not transmitted by the customer directly to the service provider in accordance with the agreements reached with the service provider) and
c) the customer’s choice of consultancy according to his/her wishes and demands as communicated to Cuba Buddy.
2.2 In providing information and advice, Cuba Buddy shall only be liable for choosing the correct source of information and the correct passing on of information to the customer, unless the information and references have been explicitly given in a binding nature.
2.3 A special information contract, in which the essential contractual obligation is the obligation to provide information, shall only come into effect if Cuba Buddy and the customer have made an explicit agreement to this effect.
2.4 Cuba Buddy shall only be obliged to decide on the cheapest service provider if it has agreed to do so.
2.5 The customer is hereby explicitly advised to purchase travel cancellation insurance; Cuba Buddy strongly recommends this. Such insurance is not included in the performance prices. If the customer obtains this insurance through an intermediary of Cuba Buddy, Cuba Buddy is – in the absence of a deviating agreement – not obliged to inform the customer about the extent, coverage and other terms of insurance. The customer would be given the available insurance documents and is responsible for informing him/herself of the insurance conditions and communicate concerns directly with the insurer.
2.6 In the case of the provision of air transport services or sale of tickets, Cuba Buddy is obliged to inform the passenger of the identity of the airline providing the flight service. In addition, the provisions of Section 6.3 of these conditions apply.
3. Visas and Travel Documents
3.1 Cuba Buddy will inform the customer in the travel portal or, upon the explicit request of the customer, in another appropriate 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/her fellow travellers are UK nationals who do not have special circumstances (i.e. dual nationality) on their person. If this is not the case, it is the customer’s responsibility to point this out to Cuba Buddy. Moreover, Cuba Buddy provides information about entry, passport and visa requirements for UK, Canadian and US citizens who do not have special circumstances (i.e. dual nationality) in their person. However, Cuba Buddy is not liable for the completeness or correctness of this information.
3.2 The information and advice provided by Cuba Buddy pertinent to Section 3.1 shall be limited to the provision of information from or about suitable sources of information, especially relevant reference works customary in the industry, or to the transmission of information from foreign embassies, consulates or tourist offices.
3.3 The customer shall be responsible for the procurement of passport, visa and health documents unless Cuba Buddy has expressly agreed to procure such documents. Cuba Buddy may then request reimbursement of expenses incurred in connection with the procurement of documents (i.e. telecommunications costs and, in urgent cases, the cost of messenger services and/or the costs of commissioning relevant service providers). Cuba Buddy must inform the customer of the estimated costs when accepting an order for document procurement.
3.4 Cuba Buddy shall not be liable for the issuance of visas or other documents and for the timely delivery of the documents to be procured, unless Cuba Buddy has culpably (co-)caused the circumstances relevant to the non-issuance or delayed procurement.
4. Booking Processing and Travel Documents
4.1 Cuba Buddy only estimates travel services and does not guarantee the availability of travel services. If only one travel service, that deviates from the clients booking mandate, can be arranged, then Cuba Buddy will inform the customer about this and await instructions. The traveler may accept this differing offer within a period set by the organizer to accept the changed offer, namely by payment of the travel price or travel commencement. If an acceptance is not made, a main contract will not be concluded.
4.2 Cuba Buddy, as well as the customer himself, are obliged to check the booking confirmations of the service provider as well as flight tickets, hotel vouchers, visas, insurance certificates and other travel documents submitted to the customer for correctness and completeness, in particular for compliance with the booking request. Changes and deviations, from direct communication between the service provider and the customer, cannot be checked by Cuba Buddy. 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/she may in any case be jointly responsible for any damages resulting from this (§ 254 BGB).
5. Cancellation and Reimbursement
5.1 Cuba Buddy may charge a service fee for the provision of the main contract and related services. The amount varies and depends on the booked travel service. The service fee will not be refunded if the main contract is cancelled, unless the cancellation is due to a fault of Cuba Buddy and/or its agents.
5.2. In the event of a cancellation of a booked travel service, Cuba Buddy may require the customer to pay the cancellation fee communicated at the time of booking, as long as the organizer has instructed Cuba Buddy to collect the consideration. Because Cuba Buddy has to pay fees for travel or cancellations or lump-sum compensation to service providers or tour operators, Cuba Buddy is entitled to claim reimbursement of expenses against the customer. The customer may only offset claims made by Cuba Buddy with his/her own claims if they are are undisputed, have been established as legally binding or are based on a culpable act of Cuba Buddy. Any warranty claim of the customer or other claims of the customer against the service provider shall not prevent the forwarding of the travel costs to the service provider.
5.3 Insofar as Cuba Buddy arranges package tours (§ 651a BGB), Cuba Buddy shall check the validity of the organiser’s security certificate. Payments shall only be due if the organizer’s security certificate is handed over to the customer. Once the security certificate is available, payment shall be due in accordance with the tour operator’s terms of payment; the travel documents shall be dispatched on the basis of the tour operator’s travel conditions or the agreement with the service provider of a travel service. In the case of internet bookings, Cuba Buddy will send the travel documents to the customer within four working days after the booking, but not before receipt of full payment by the customer. In the case of short-term bookings made less than three working days before the start of the service, the documents shall be deposited for the customer at the airport or other place of performance as agreed upon.
6. Pricing and Service Charges
6.1 Cuba Buddy has no control over price, service or tariff changes of the arranged travel service. If such has been agreed effectively between the customer and the service provider, Cuba Buddy may claim the difference from the customer.
6.2 In cases where Cuba Buddy acts as an intermediary of air transport, Cuba Buddy clarifies that it is up to airline companies to make changes to agreed services under international aviation law. These changes are not the responsibility of Cuba Buddy.
7. Cuba Buddy’s Obligations In the Case of Customer Complaints against the Service provider
7.1 In the case of customer complaints and the assertion of claims against the service provider, Cuba Buddy’s obligation is limited to the communication of the name and the address of the service provider. This does not apply if Cuba Buddy has been authorized by the service provider to receive these declarations.
8.1 As a travel agent, Cuba Buddy’s liability for customer damages, regardless of the legal grounds, is limited to three times the price of the arranged travel service, as long as the customer damage wasn’t intentionally or negligently done by Cuba Buddy or a legal representative or agent of Cuba Buddy and was not based on a breach of material contractual obligations by Cuba Buddy or a legal representative or agent. Excluded from the above limitation of liability are damages resulting from injury to life, limb or health. For these damages Cuba Buddy is liable according to the legal regulations.
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 mediated services themselves. Only the respective service providers are responsible for the fulfillment and for defects of the arranged travel service.
8.3 Cuba Buddy assumes no liability for service changes made by the service provider after the conclusion of the main contract.
9. Statute of Limitations
9.1 The customer has to within one month present to Cuba Buddy any customer claims for non-contractual fulfillment of the main contract. This does not apply to customer claims pertaining to injury to life, body, health or other damages that are based on an intentional or negligent breach of duty brought about by Cuba Buddy or one of its legal representatives or agents. Also excluded are claims for non-obvious defects of work performance.
9.2 This period of limitation begins with the end of the arranged travel service as agreed in the main contract (for several immediately consecutive travel services with the end of the last travel service), but not earlier than the date on which the customer becomes aware of the circumstances justifying the claims against Cuba Buddy. After the expiry of this period, the customer can only assert claims against Cuba Buddy if he/she has been prevented from complying with the deadline through no fault of their own.
9.3 Customer claims against Cuba Buddy expire in one year. The statute of limitations begins at the end of the year in which the claim arose and the customer could obtain knowledge of the circumstances giving rise to the claim and the person of the defendant or could have obtained without complete negligence.
9.4 The period of limitation stated in clause 9.3 does not apply to customer claims pertaining to injury of life, body, health or other damages resulting from intentional or negligent breach of duty by Cuba Buddy or one of its legal representatives or agents or a based on a breach of essential contractual obligations. The statute of limitations of the stated claims are governed by the statutory provisions.
TERMS AND CONDITIONS WHEN OPERATING AS A TRAVEL AGENT
Terms and Conditions Cuba Buddy UG hereinafter referred to as “Cuba Buddy”
1. Booking Registration
1.1 We recommend you book your travels early with us. For this, you can use our online registration form. Please fill out this form completely and send it to us or your travel agent. The contract is concluded with the acceptance of the registration by Cuba Buddy. We will confirm your registration via email. Please check your mail inbox regularly and make sure that our mails do not end up in your spam folder.
1.2 The travel descriptions on the websites operated by us as well as the documents sent by Cuba Buddy do not represent a legal offer. The customer’s registration can be understood as an offer in the legal sense, to which the customer is bound until acceptance by Cuba Buddy, however, only up to a maximum of 14 days after registration.
2.1 Within one week of receiving our booking confirmation/invoice, we require a 20% deposit transfer to our indicated account . Your deposit payment will be deducted from the tour price. Should you take out a premium for an insurance package or a cancellation insurance, this is not included in the travel price and is payable with the deposit. Your payments made on the tour price are insolvency insured according to § 651k Abs. 3 BGB (German Civil Code). Upon submission of the booking confirmation or the invoice, you will receive the security certificate as a “qualified travel document”. Payment of the remaining amount is due approx. 4 weeks before the start of the tour. The travel documents will be sent to you by Cuba Buddy or the travel agency according to your preferences.
2.2 If you book flights through us, a payment of 100% of the airfare will be payable to our indicated account immediately after receipt of our booking confirmation/invoice.
3. Services and Performance Complaints
3.1 The range of contractual services offered is to be taken from service descriptions in the offer as well as the related information of the confirmation / invoice. Buddy Specials and Buddy Tips are, unless expressly stated in the booking form, are not part of the contractually agreed service. Ancillary agreements that change the range of the contractual services require our explicitly written confirmation.
3.2 Complaints regarding the contractually agreed upon services must be reported immediately to Cuba Buddy or the colleagues on site, so that remedial action can be taken immediately. If the participant culpably fails to report a defect and Cuba Buddy does not have the opportunity to remedy the defect, a price reduction is to be rejected. According to §§ 651c to 651f BGB, the traveler has until one month after the contractually intended termination of the trip to report the complaint to Cuba Buddy.
3.3 For Cuba Buddy to remedy a service defect, we would need appropriate clear notification of the service defect and be communicated a reasonable time frame to fix the issue. If this communicated time frame has passed and remedy has not been offered you are within your rights to find appropriate remediation measures on your own and seek reimbursement from Cuba Buddy as long as it does not contradict section 3.4.
3.4 Should a unreasonable effort be required to provide remedial action, Cuba Buddy may refuse to remedy the situation.
3.5 In the case of a defective contractual service provision, you are within your rights to claim reimbursement only if you have notified us of the defect beforehand and given us reasonable time to remedy the situation by our means.
3.6 If the journey or continuation of the trip is not reasonable or significantly impaired due to a defect, you can terminate the travel contract only after notifying us and the communicated the defect first. If remedy is impossible, doesn’t contradict section 3.4, or the termination of the contract is justified by specific customer interest, then this would not apply.
4. Travel Documents
4.1 We would like to remind you that it is your duty to inform Cuba Buddy if you do not receive any required travel documents (such as hotel vouchers, lodgings) within the deadline communicated by Cuba Buddy.
4.2 As a traveler, you are obliged to check the submitted travel documents for correctness and completeness, particularly for compliance with the booking. Please inform us immediately of any abnormalities, missing documents or other discrepancies. Should you miss these errors, then you are jointly responsible for the resulting damage (§ 254 BGB).
5. Changes in Services
5.1 It is possible that changes or deviations of travel services must be made from the agreed content of the travel contract. These changes that arise after the conclusion of the contract and which were not brought up by us in good faith are permissible. The premise for this is that the changes or deviations are not significant and do not affect the overall layout of the booked trip. In the event of a significant change in a significant travel service, you are free to withdraw from the contract. You will then be reimbursed the amount already paid from the travel price.
5.2 If such changes occur, Cuba Buddy will notify you immediately.
6. Cancellation Fees and Reimbursement
6.1 You are free to withdraw from the trip at any time before the start of the trip. Not only in your own interest, but also to prevent misunderstandings, we ask you to declare your withdrawal via e-mail or in writing. If you decide to cancel the travel contract, we may charge a reasonable compensation for the arrangements made and our expenses. In doing so, we usually take into account saved expenses and possible other use of the services. The time of cancellation notice communicated to Cuba Buddy is determines the cancellation costs. The amount of the cancellation costs depends on the travel price. The cancellation fees, which we have to charge per registered participant in case of cancellation, are listed below. However, you have the right to prove to us that the expenses incurred are lower than the required cancellation costs.
6.1.1 Service fees* for bookings (excluding flights)
- from +45 days prior to departure: 15%
- from 44 day to 30 days prior to departure: 40%
- from 29 day to 5 days prior to departure: 70%
- from 4 to 0 days prior to departure, in case of non-arrival or after the commencement of the trip: 100% of the total price.
*minimum EUR 200 per person.
6.1.2 Bookings with flights (as part of a custom tour package):
For flight cancellations, we charge a fee of 60€ per one-way ticket. Any additional cancellation costs incurred by the airline are to be borne in full by you.
6.1.3 Sailing trip (as part of a custom tour package):
In the event of a sailing trip cancellation and excursions, you are responsible for any fees incurred by the provider.
6.2 Unless other cancellation and rebooking conditions have been expressly mentioned in the offer, these shall take precedence.
6.3 Cuba Buddy will reimburse any expenses that may have been saved. The traveller reserves the right to prove the damage to be less or non-existent.
6.4 If a participant disrupts the performance of the trip, or if he/she behaves in complete violation of the contract, Cuba Buddy has the right to terminate the contract without notice. Cuba Buddy retains its entitlement to the tour price.
7. Travel Cancellation Insurance
7.1 If you purchase a travel cancellation insurance with us, it will replace the aforementioned cancellation costs if the trip does not start because of unexpected illness or serious accident injury. The insurance carries a deductible of 20% of the cancellation costs, unless an extremely necessary inpatient hospital treatment was the reason for the cancellation.
8. Unforeseeable Circumstances
8.1 If the circumstances of the journey are aggravated, jeopardized or impair unforeseeable circumstances, both you and Cuba Buddy may terminate the contract according to §651 j BGB. Cuba Buddy will still claim compensation for services already provided or necessary to complete the journey.
8.2 If the trip is canceled due to unforeseeable circumstances after departure, Cuba Buddy takes responsibility for initiating necessary steps for return transport. Additional costs incurred in the return transport are to be borne by you and Cuba Buddy, in each case, in half. You are responsible for any other additional costs you might bear.
9.1 If after conclusion of the booking contract and +31 days before the start of the journey a customer would like to make changes, Cuba Buddy will need to be consulted to see if the requested changes are possible. We charge a rebooking fee of € 200, – per person for our additional expenses. Changes made less than 31 days before departure can me made possible for an increased booking fee.
9.2 This rebooking service might require cancellation of a contractually agreed upon service and registration of a new service. For these cases, additional cancellation fees and conditions apply (refer to section 6).
9.3 In any case, a rebooking requires the availability of the service.
10. Travel Regulations
Cuba Buddy draws travelers’ attention to all important travel regulations, such as entry and health regulations in travel documents. It is assumed that the traveler is a citizen of the United Kingdom. The traveler is responsible for the fulfillment of all important regulations for the realization of the journey. Any disadvantages arising from non-compliance with these regulations are at the expense of the user. The traveler has to make sure that passports as well as other required documents are valid.
Our liability for contractual damages caused by us, Cuba Buddy, our representatives, our agents, or because of a fault of our respective partners, that were caused intentionally or were entirely negligent and do not include personal injury, is limited to triple the total travel price amount. However, we may assert our claim to refer to international laws and legislation that may exclude us from this liability.
12. Statute of Limitations
Any service defects claims (§§ 651 c – 651 f BGB) are no longer legally enforceable after two years. This limitation begins with the day on which the trip to the travel contract should end. The assertion of other claims remains unaffected by this provision.
13. Ineffectiveness of a Travel Condition
Should one of the above terms and conditions be ineffective or inadmissible, the remaining travel conditions remain in full effect.
Place of jurisdiction for claims against Cuba Buddy UG (haftungsbeschränkt) is Berlin.Legal regulations apply.
Cuba Buddy UG (limited liability)
Mittenwalder Straße 7, 10961 Berlin
Tel.: +49 30 844 26 727
Registered Court: Berlin Charlottenburg
Registration Number: HRB 193126 B
As of: 01.02.18
Mistakes and errors reserved.