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.
In these bookings conditions any reference to you means all persons named on the booking including any added or substituted at a later date.
We are Cubaism Ltd, a limited company registered in England and Wales number 4865245. Our registered office and trading address is Unit 30, DRCA Business Centre, Charlotte Despard Avenue, Battersea Park, London SW11 5HD, United Kingdom of Great Britain, (see map at www.cubaism.com/london-office.htm). Sales and customer service staff can be telephoned on +44 (0)20 7498 8555 and faxed on +44 (0)20 7498 8333.
|2.1||These terms and conditions are limited to and only apply to the products and services on this website, “havanacarhire.com”, and do not apply to other products purchased from Cubaism Ltd, and in no way shall be treated as part of a holiday “package”, even if they are itemised together for your convenience on a single confirmation invoice or itinerary.|
|3.||Formation of contract|
By making a booking on this website, you are bound to these booking conditions. A binding contract will come into effect between you and us when we have sent a confirmation invoice and voucher, whether or not you receive it.
|3.2||We cannot accept bookings from persons less than 18 years of age.|
|3.3||It is your responsibility to check the details on the confirmation invoice and voucher upon receipt to ensure they are correct. You must take with you and present a print out of the voucher to the car hire representative. Without the voucher you will not be able to pick up a vehicle. If for any reason you are refused the vehicle, you must request assistance from our Cubaism Havana Representative immediately.|
|4.||Price and payment|
Price Guarantee: Once you have paid and received our confirmation invoice, your reservations will not be subject to any surcharge. However, we reserve the right to change our prices at any time. Unless otherwise specified, the prices quoted include taxes if applicable.
Payment must be made as specified on this website. This may be in advance in full or with a deposit by debit or credit card, by cheque or bank transfer. Payment is in UK pounds sterling (GBP) unless otherwise stated. Credit card payments may be subject to a surcharge. If so, this will be specified on the order page.
|5.||Cancellations and changes by you|
|5.1||If you cancel a reservation after acceptance of your booking 72 hours before the pick up date we will refund you the total amount for that reservation minus 15% (or 25.00 GBP which ever is the greater) to cover administration costs. If you cancel a reservation after acceptance of your booking within 72 hours of the arrival date we will refund you the total amount for that reservation minus 15% (or 25.00 GBP whichever is the greater) to cover administration costs and the amount of the first day to cover no-show charges. If you cancel a reservation (or part of) on or after the arrival date no claim for any refund can be accepted.|
Cancellation requests are required in writing by post, fax or email. Until then, you are liable for the full amount.
|5.3||Please note that insurance premiums paid in Cuba are non-refundable.|
After acceptance of your booking a maximum of 2 changes are allowed. Each change will be charged at 25.00 GBP.
|5.5||If you make a change to your booking less then 72 hours before the arrival date, the amendment fee is 50.00 GBP.|
Request for any change in your booking is required in writing by post, fax or email.
|6.||Cancellations or changes by us|
We aim not to make any changes to your reservations but arrangements are often made many months in advance with our suppliers over whom we have no direct control and changes may be necessary. Most changes will be minor and although we will endeavour to advise you of any minor changes before your departure to Cuba, we have no obligation to do so and will not pay any compensation. We will endeavour to advise you of a major change before your arrival date, a major change is defined as a change of the vehicle category or pick up or drop off point.
In the event of our advising you of a major change before your arrival date we will provide you with the three following options:
|a)||Accept the alternative arrangements which we may offer OR|
|b)||Hire another vehicle from us, which if more expensive you will have to pay the difference, but if cheaper we will refund the difference OR|
Cancel the reservation and receive a total refund of all monies paid to us.
Whichever of the three options is accepted we will also pay you compensation of 15.00 GBP and there will be no further liability.Important Notice: Compensation will not be paid for situations beyond our control. Examples of situations beyond our control include but are not limited to war or threat of war, civil strike, industrial disputes, government resolutions or decrees that disrupt normal operations, natural disaster, regional disruption of basic utilities, bad weather, terrorist activity, transfer rescheduling or cancellation, technical or maintenance problems with transport.
You must affect appropriate insurance against cancellation, loss of personal belongings, medical expenses, liability and other risks covered in normal travel insurance policies. Should you choose not to take out suitable travel insurance cover, despite this advice, then you undertake on behalf of yourself and all members of your party to indemnify both ourselves and our overseas agents and representatives (where applicable), for any costs that arise which would otherwise have been met had such insurance cover been taken out.
|8.1.1||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.|
This section 8 applies for the benefit of us as well as our staff and representative agents in Cuba.
|8.1.3||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.|
In no event may you bring any claim or proceeding more than 3 months after the end of a reservation.
|8.3||no event (including negligence) will there be any liability for:|
|8.3.1||special, indirect or consequential losses; or|
any matters outside our reasonable control including without limit: interruptions in the supply of basic services such as petrol, etc, actions or omissions of Cuban authorities or loss or breach of security in respect of your data held by third party internet payment providers.
We are not liable for actions or omissions of car hire providers.
|9.||Complaints and emergencies|
|9.1||All complaints should first of all be reported to the relevant car hire representative. If a well-founded complaint cannot be solved satisfactorily on the spot, you must immediately inform our Cubaism Havana Representative, and only if that is unsuccessful contact our London office in writing in English either by post or by e-mail before you leave the property or, if that is impractical, within 7 days of leaving the property. If you do not comply with all of the above we have no liability in relation to your complaint. Please note it may take from 3 to 6 months to investigate and resolve a complaint.|
|9.2||We are not liable for any associated communication costs you may incur. Please do not telephone our London office from Cuba. Our Havana office landline telephone number is +53 7 863 9555. In real emergencies or for important matters please try our representative's personal cellular/mobile +53 5 264 9555.|
|10.1||While we make every reasonable effort to ensure that the providers or vehicles 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 vehicles may arise.|
|10.2||The categorization of vehicles is given by rental company and does not necessarily correspond to any other European rating system.|
|10.3||More detailed and essential information is available on the appendix specific for each rental company.
REX Rent a Car
Cubacar - Aquatravel
Gaviota VIA Rent a Car
|11.||English law and jurisdiction|
|11.1||This agreement is governed by English law and is subject to the exclusive jurisdiction of the courts of England & Wales.|