1. Introduction
1.1 Please read these Bookings Conditions carefully. By clicking "I accept" you are deemed to have read and understood the Booking Conditions and that you have the authority to accept and are accepting the terms of these conditions on behalf of all the persons in the party. These conditions also apply if you are booking over the telephone where an agent would have advised you. If booking over the phone you can raise any discrepancies within 2 days of booking with the exception of bookings in which clients depart within the next 7 days.
1.2 In these bookings conditions any reference to "you" means all persons named on the booking including any added or substituted at a later date.
1.3 We are Live Holidays Ltd ("Us"): an independent and privately owned Tour Operator. We are registered as a limited company in England & WWales under number 04429799. Our registered and trading address is at Portland House, 104 Church Road, London, SE19 2UB. We trade under the names of LiveHolidays.co.uk, Cuba Direct ® and CubaDirect.co.uk.
2. Your Financial Protection
2.1 All holidays (including flights) and flights only in this website are ATOL Protected, since we hold an Air Travel Organiser's Licence granted by the Civil Aviation Authority. Our ATOL number is ATOL 6346. In the unlikely event of our insolvency, the CAA will ensure that you are not stranded abroad and/or will arrange to refund any money you have paid to us for an advanced booking. For further information, please visit the ATOL/CAA website at www.atol.org.uk
3. Formation of Contract
3.1 By making a booking on our website or over the telephone, you are bound to these booking conditions. A binding contract will come into effect between you and us when you have received a Booking Confirmation and payment (deposit or full payment) has been debited.
3.2 We cannot accept bookings from people under 18 years of age
3.3 It is your responsibility to check details on our Booking Confirmation upon receipt to ensure they are correct.
3.4 By accepting these conditions you are deemed to have authorised us to operate a CONTINUOS AUTHORITY for your credit/debit card. This authority allows us to debit your card for any outstanding monies owed to us as per your Booking Confirmation taking into consideration when payment becomes due and any cancellation charges (See Section 5.2)
4. Price and Payment
4.1 Price Guarantee: most services in Cuba are provided On Request (OR) which means services will need to be confirmed once you pay. Once you have paid and received our confirmation of such service, your travel arrangements will not be subject to any surcharge with the exception of Flight Tax Increases and Surcharges (please read section Cancellations or Changes by Us). We do reserve the right to change our published prices - This does not affect the aforementioned guarantee. Unless otherwise specified, the prices quoted include VAT if applicable. Our VAT No. is 853 9802 93.
4.2 Payments: You must pay a deposit which will be specified on the order page or the full holiday price if the booking is made within 10 weeks of departure. If you do not pay in full 10 weeks before departure we reserve the right to cancel your booking, with the deposit forfeited and cancellation charges will apply.
4.3 Payments can be made by debit, credit card, bank transfer, or cheque. Cheques will not always be accepted, please check with your consultant. Payment is in UK sterling unless otherwise stated. Credit card payments will be subject to a surcharge which will be specified before payment is made.
4.4 If booking over the internet, your card will not be debited until all services have confirmed or we have agreed with you to do so. Your card/bank statement will show that monies were paid to Cuba Direct or Live Holidays.
4.5 In our constant efforts to fight card payment fraud, additional documentation may be required if:
- The traveller is not the card holder (3rd party cards)
- The credit card is not registered in the United Kingdom
- The journey originates outside of the United Kingdom
If any of the above applies, we will require the following items:
- Our completed Card Payment Authorisation Form
- Copy of Passport
- Recent utility bill or card statement as proof of address
We would also like to draw your attention to the purchase of products by credit or debit cards where payment does not take place in person. In accordance with mail order regulations, all documents will be posted to the billing address of the card holder and not the address of the passenger (unless they are one and the same)
4.6 We strongly recommend paying for all documents to be sent to you by Royal Mail Special Delivery Post. Documents will be mailed by Royal Mail First Class post by default for which the client will bear all responsibility for documents mislaid or lost by the Royal Mail.
5. Cancellations or Changes by You
Unless otherwise stated it is essential that you check in at least 3 hours before departure for international flights and 2 hours for local flights: you may lose your flight at your own risk if you fail to do so.
5.1.1 Scheduled Flights: In accordance with deadlines and rules written into the applicable fare, changes can only be made if conditions permit. Some fares are non-changeable and some allow changes for a fee; this information can be found in Flight Remarks. Name changes are strictly not allowed and thus will be treated as cancellation. Flight Cancellations will be charged at 100%
5.1.2 Chartered Flights: Changes are not allowed. Name changes will be treated as cancellation. Flight Cancellation will be charged at 100%
5.2 If you cancel after acceptance of your booking or if at any time (with our agreement and subject to availability) you change your booking, the following charges will apply in relation to the total fees paid, excluding flights, visas, insurance and service pre-payments (see 5.7). Please note that flight cancellations/changes will be subject to 5.1.1 and 5.1.2, and that the table below is based on the day the written cancellation is received:
|
5.3 If some, but not all party members cancel, additional charges may be payable by the remaining members (e.g. under occupancy)
5.4 Please note that we will require your cancellation request in written: e-mail, fax or post. Until then and after our acceptance, you are liable for your holiday arrangements as initially booked.
5.5 Certain travel arrangements cannot be changed after reservations have been made and any request for alteration will be treated as a cancellation. This includes if the requested change cannot be confirmed.
5.6 No Shows will be treated as a cancellation by you and may invalidate the remaining holiday arrangements.
5.7 Some services are non-refundable. This includes exclusive diving arrangements through Avalon, group bookings deposits and other services. The non-refundable nature of a specific service will always be confirmed in writing. See also 5.2.
6. Visa Requirements
6.1 All passengers must be in possession of a passport, valid for at least 6 months beyond the planned return date. In addition, a tourist card is required to enter Cuba. This advice only applies to British passport holders. Please note that it is the responsibility of the client to find out from the embassy, consulate or other authority of the country, the correct documentation required for entry/exit.
7. Cancellations or Changes by Us
7.1 Please note that, until departure, flight prices may be liable for additional tax increases, fuel, security and other surcharges levied by the airline or government which will be added to your invoice. The payment of such tax, namely the Air Passenger Duty (APD), is compulsory and does not give the right to cancel your holiday without incurring in the standard cancellation charges including in these conditions.
7.2 Once we confirmed a booking, this will not be subject to changes unless circumstances beyond our control dictate to do so. Circumstances beyond our control include, but are not limited to, acts of god and the inability of a provider to fulfil its commitment. In the case of the latter example, we will provide equivalent or better service/product.
7.3 Please note that most hotels are on a strict “ON REQUEST†basis which means we will need to wait for the hotel to confirm in writing to us and, although unlikely, the request could be denied. If the request is denied, we will offer alternative arrangements or your money back, whichever suits best. Please note that you must wait 72 hours before cancelling a service request. If you do wish to cancel a request before this time, you will incur in standard cancellation charges described in Section 5.
7.4 If local authorities raised a local tax, this will have to be passed to you. The payment of such tax would be compulsory and does not give the right to cancel your holiday without incurring in the standard cancellation charges including in these conditions.
7.5 We reserve the right to cancel a booking where the number of people who have booked a particular holiday is less than the minimum required to make it viable. You will always be advised the required minimum number of passengers.
8. Insurance
8.1 From 01 May 2010, you MUST have an appropriate insurance policy to enter Cuba. The policy must cover you against medical expenses but cancellation, loss of personal belongings, liability and other risks should be covered as well. Should you choose not to take our travel insurance cover, despite this advice, then you undertake on behalf of yourself and all members of your party to indemnify both ourselves, our overseas agents and representatives (where applicable), for any costs that may arise which would otherwise have been met had such insurance cover been taken. If you do not buy suitable travel insurance, you will have to buy a local (Cuban) policy at an approximate cost of about £2 per day which will only cover you for medical expenses. For more information on the Cuban Insurance Policy please visit this site: www.asistur.cu. You cannot enter Cuba without one of this options being taken. To buy our Travel Insurance, please visit our website and click on the appropriate link.
9. Liability
9.1.1 Nothing in this contract 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. Nor does it affect consumers' statutory rights.
9.1.2 This section 9 applies for the benefit of us and our local representatives.
9.1.3 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.
9.2 In no event may you bring any claim or proceeding more than 3 months after the end of your holiday.
9.3 In no event (including negligence) will there be any liability for:
9.3.1 Special, indirect or consequential losses; or
9.3.2 Any matters outside our reasonable control including without limit: interruptions in the supply of basic services such as running water, electricity, gas, etc., 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
9.3.3 Actions or omissions of operators/providers; or
9.3.4 Disregard of the Cuban law in regards to the security measures established either in the tourist facilities or the transportation means; or
9.3.5 Not leaving the country in the foreseen date for causes not ascribable to the facilities or the transportation agent in the services that are the object of the Booking Confirmation; or
9.3.6 Damages occurred outside the national territory or in the national territory, but in facilities or transportation means not included in the services agreed herein.
10. Information, Arrival and Departure
10.1 While we make every reasonable effort to ensure that the hotel/resort or property descriptions are accurate, no responsibility is accepted for errors contained therein or the results thereof. You must accept that reasonable differences between the photographs, illustrations and/or text used and the actual hotel/resort or property may arise and that reasonable modifications may have been made to the hotel/resort or property since descriptions were posted.
10.2 The categorisation of properties or hotels/resorts reflects only our opinion and is based on the standard and quality of furniture, fittings, facilities and service available to the best of our knowledge. The categorisation system does not necessarily correspond to any other travel industry rating system although it would normally be the same as the official rating given by the hotels/resorts.
10.3 You must pay for travel to and from the hotel/resort or property unless otherwise arranged and included in your Booking Confirmation
10.4 The check-in and check-out times will be shown in Vouchers and Booking Confirmation.
11. Number of Occupants and Transfers
11.1 The number of persons permitted to occupy the hotel/resort or property is limited to the number of persons specified when booking.
11.2 Transfer times are given as a guide and will be subject to change dependant on road and weather conditions and the number of stops made en route.
12. Weather & Natural Disasters
12.1 The “hurricane season†affects the Atlantic, Caribbean Sea and Gulf of Mexico and it is generally considered to be between June and November. 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 FCO Travel information at www.fco.gov.uk/travel. 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. If a storm or natural disaster is forecast to affect Cuba, we work with local and international authorities to try to minimise disruption and keep you well informed. It may be that an evacuation of your resort, or a delay or cancellation of your flight to or from the resort may be necessary. In the event of changes, cancellation or curtailment to your holiday due to actual or threatened bad weather, we are not able to offer any REFUND and/or COMPENSATION. You must therefore have adequate travel insurance to cover for the curtailment, cancellation or loss of your holiday. Weather information is subject to change and you should monitor the latest local (Cuba www.met.inf.cu) and international weather updates issued by the Met Office (UK www.metoffice.gov.uk)
13. Child Safety, Swimming Pools and Pregnancy Note
13.1 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.
13.2 Swimming pools are usually open all year. At times swimming pools may be closed due to maintenance or poor weather. We will endeavour to advise (see Hotel Remarks) 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.
13.3 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. Diving
14.1 All those intending to scuba dive will be required by the Dive Centre in the resort to complete a medical questionnaire. If the operator is in anyway unsure of your fitness, you will be required to undergo a medical examination. This may result in an extra cost for which you will be charged locally. You are strongly advised to undergo a full medical examination before booking your holiday as no refunds will be given if you are refused medical clearance to dive.
14.2 General Regulations Governing Scuba Diving in Cuba:
14.2.1 Scuba-diving instructors will accompany you on all dives
14.2.2 You must show your international certification card that testifies to your level of expertise
14.2.3 You cannot break off and/or remove any kind of marine flora and/or fauna
15. Complaints, Communications and Claims
15.1 All complaints must, first of all, be reported to the relevant hotel/resort manager. If a well-founded complaint cannot be solved satisfactorily on the spot, you must immediately inform our local rep who will do his/her utmost best to resolve the issue and will also keep us informed (see Main Annex for local contact details). If you want to complain on your return, you must write to us in English either by post or by e-mail within 14 days of returning home. 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.
15.2 Mobile telephone calls can be very expensive from outside Europe. Please refrain from using your mobile to contact us since we will not refund any telephone call charges. You will always have at least one local contact to liaise over the telephone with and/or a UK mobile number that receives SMSs (texts). Telephone calls in the UK and abroad may be recorded for quality and training purposes.
16. Force Majeure
16.1 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 our contract with you is prevented or affected by or you otherwise suffer any injury, damage, loss or expense of any nature as a result of "force majeure". In these conditions, "force majeure" means any event which we or the supplier of the service(s) 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.
17. English Law and Jurisdiction
17.1 This agreement is governed by English law and is subject to the exclusive jurisdiction of the courts of England & Wales.
All information is copyright property of Live Holidays Ltd |
