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Hotel Booking Conditions
 
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.
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 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/where-we-are). Sales and customer service staff can be telephoned on +44 (0)20 7498 7671 and faxed on +44 (0)20 7498 8333.
2.      Limitations
2.1    These terms and conditions are limited to and only apply to the hotel products and services on the websites, “cubaism.com” & “cubahotelbookings.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
3.1    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 hotel. Without the voucher you will not be able to check in. If for any reason you are refused the room, you must request assistance from our Cubaism Havana Representative immediately.
4.      Price and payment
4.1    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.
4.2    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.
4.3    Payments made using non-GBP Sterling credit or debit cards will be by default converted from GBP Sterling by our dynamic currency conversion service provider. If you would like that your card company does the currency conversion, please let us know in advance.
5.      Cancellations and changes by you
5.1    If you cancel a reservation (or part of) after our acceptance of your booking and payment has been taken and the credited funds have cleared and it is more than 72 hours before the arrival date we will refund you the total amount for that reservation (or cancelled part) minus 15% (or 25.00 GBP whichever is the greater) to cover administration costs. If you cancel a reservation (or part of) after our acceptance of your booking and payment has been taken and the credited funds have cleared and it is less than 72 hours before the arrival date we will refund you the total amount for that reservation (or cancelled part) minus 15% (or 25.00 GBP whichever is the greater) to cover administration costs and the amount of the first night 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.
5.2    Should we refund moneys to you, we reserve the right to deduct our direct costs of making such payments. This might amount to 17.00 GBP for an international bank transfer.
5.3    Cancellation requests are required in writing by post, fax or email. Until then, you are liable for the full amount.
5.4    After our acceptance of your room reservation(s) it may be possible for you to make non-cancellation type modifications but you will be charged £25.00 GBP for each reservation change.
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.
5.6    Request for any change in your booking is required in writing by post, fax or email.
5.7    We will always try not to be unreasonable in the implementation of our conditions.
6.      Cancellations or changes by us
6.1    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 arrival date, 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 significant change of resort or a change of accommodation to that of a lower official category.
         
In the event that the booking with us has been completed and the cleared funds credited to our bank account, and you are advised 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)    Purchase another accommodation from us, which if more expensive you will have to pay the difference, but if cheaper we will refund the difference OR
c)    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.
7.      Insurance
7.1    You must affect appropriate insurance against cancellation, loss of personal belongings, medical expenses, liability and other risks covered in normal travel insurance policies. It is a mandatory requirement of the Cuban authorities that all travellers to Cuba, foreign and Cubans living abroad, shall have a travel and medial insurance that covers Cuba, and present if demanded, a policy certificate or card. Arrivals without the required insurance maybe required to buy a medical insurance at the airport or return home on the next available flight. 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.      Liability
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.
8.1.2    This section 8 applies for the benefit of us and property owners 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.
8.2    In no event may you bring any claim or proceeding more than 3 months after the end of a reservation.
8.3    In no event (including negligence) will there be any liability for:
8.3.1    special, indirect or consequential losses; or
8.3.2    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 Cuban authorities or loss or breach of security in respect of your data held by third party internet payment providers.
8.4    We are not liable for actions or omissions of property owners or operators.
9.      Important Notices and Information
9.1    Compensation will not be paid for situations beyond our control. Examples of which 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.
9.2    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.
9.3    The categorization of property or hotel/resort 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 categorization system does not necessarily correspond to any other travel industry rating system.
9.4    Most of the hotels can accommodate 3 persons in all types of rooms but this may require an additional bed to be put into the room and this maybe smaller then a standard bed and Cubaism Ltd shall not be held responsible for any resulting lack of space or comfort.
10.    Transfers, arrival and departure times
10.1  Travel to and from the hotel/resort or property is not included with the reservation. Any transport offered and arranged by Cubaism Ltd will be treated as incidental and not related to any particular accommodation reservation or any other arrangement. Any transfer times will be given as a guide and will be subject to change dependant on road and weather conditions and the number of stops made en route.
10.2  Accommodations are usually available from 14.00 hours on the day of arrival, and must be vacated by 11.00 hours on the day of departure. Your reservation is guaranteed for late arrival.
11.    Number of occupants
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  Additional occupants may in some cases be permitted by agreement with the property owner.
12.    Weather
12.1  We cannot guarantee good weather. Please bear in mind that severe weather such as heavy rainfall, or rough seas are to be expected in the tropics at certain times of the year. Hurricanes and tropical storms are unpredictable and should they happen, can cause disruption to hotel facilities as well as the electricity and water supplies.
13.    Health & Safety
13.1  Should you be travelling with young children, we recommend that you advise us at the time of booking. The safety of your children is of utmost 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 unless otherwise specified. At times swimming pools may be closed due to maintenance or poor weather. We will endeavour to advise you of any changes prior to your day of arrival. The opening of a pool is, however, entirely at the discretion of the property owner/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  All persons 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 a considerable 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.
13.4  Never drive at night.
13.5  Always drink and wash salads in boiled or bottled water.
13.6  Always refuse to eat undercooked chicken, eggs and/or salads washed in tap water.
14.    Pregnancy Note
14.1  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.
15.    Pets
15.1  No pets of any kind are allowed under any circumstances.
16.    Access
16.1  The property owner or his/her representative shall be allowed access to the property at any reasonable time for the purposes of inspection and maintenance.
17.    Facilities and services
17.1  All additional facilities will be displayed, when applicable, by icons and will be correct as the time of publishing. No food is provided unless specified.
17.2  Unless otherwise specified, the prices quoted for all properties include heating, electricity, gas, and television. The price includes the availability of maid service on most, but not all, working days. The use of linen and towels are included and these are changed at least once a week.
17.3  Any gratuities, extra facilities and incidental charges such as parking, phone calls and room service are your responsibility and must be arranged directly between you and the property.
18.    Your conduct
18.1  Inappropriate conduct at the property by you or your party (including wanton destruction of property, poor hygiene, excessive noise etc) is a basis for immediate termination of the rental agreement and offenders may be asked to leave the property, forfeiting any money paid.
18.2  You must leave the property and all fixtures and fittings in substantially the same repair, condition, cleanliness and general order in which you found it excluding reasonable wear and tear. You are liable to pay compensation direct to property owners for any breach of this requirement by you or your party. The property owner may request that a security deposit be payable against the cost of breakages, unpaid phone bills or other obligations of the customers. This is a matter between you and the property owner.
18.3  You must indemnify us, the property owners and our staff and representatives in Cuba against any losses arising from your use of the property.
19.    Complaints and emergencies
19.1  All complaints should first of all be reported to the relevant hotel/resort representative or property owner. 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.
19.2  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.
20.    English law and jurisdiction
20.1  This agreement is governed by English law and is subject to the exclusive jurisdiction of the courts of England & Wales.
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