Our Booking Conditions

Please read carefully. This is a binding legal agreement between you and Kurated Travel LLC and incorporates the cuba direct terms of website use and the cuba direct privacy policy and cookie policy.

By making payment in respect of the services offered by us, you agree that: (a) you have read, understood, accept and intend to be legally bound by the terms of this agreement; and (b) you have the authority to accept and do accept the terms of this agreement for and on behalf of all persons in your travel party who are named in your booking and intend each such person to be legally bound by the terms of this agreement.

1. DEFINITIONS AND INTERPRETATION

   The following definitions and rules of interpretation apply in this Agreement (including the recitals above).

   1. Definitions:
      

      Agreement: these Booking Conditions, the Terms of Website Use and the Privacy Policy and Cookie Policy.
      Booking Documents: all documentation relating to the Services booked including without limitation the invoice and other documentation including without limitation the details of the members of the Party, the details of the Deposit and other details relating to payment, reservation dates and addresses, check-in and check-out times.
      Privacy Policy and Cookie Policy: the Cuba Direct privacy policy and cookie policy as may be amended from time to time, the current version of which is available at https://www.cubadirect.com/.
      Deposit: Since we only take payment(s) to secure/pay services and to cover our costs, all payments taken would be consider part of the deposit. If you are booking within 10 weeks of departure, the deposit will equal to the full balance and therefore full payment will be required. As soon as the full itinerary has been agreed, clients must pay the deposit as stated on the latest/agreed quotation.
      Lead Client: the person (who may or may not be a member of the Party) nominated during the reservation process as the person to whom all documents relating to the reserved Services are to be sent.
      Party: The group of people in the travel party who are named in the booking.
      Services: such travel services as may be provided by Kurated Travel LLC from time to time. Terms of Website Use: the Cuba Direct terms of website use as may be amended from time to time, the current version of which is available at https://www.cubadirect.com/.

   2. Rules of interpretation:
      
      1. Any reference to we, us or our includes a reference to Travel Direct and Cuba Direct.
      2. Any references in this agreement to you or your means all persons in your travel party who are named in your booking including any such persons who may be added or substituted from time to time.
      3. Any reference to our website means https://www.cubadirect.com/.
      4. Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
      5. Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
      6. A reference to writing or written includes fax and email.
      7. Calls may be recorded for the purpose of training, quality assurance, and or legal reasons.
      8. (h) Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
      9. (i) A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
      10. (j) This agreement shall be binding on, and enure to the benefit of, the parties to this agreement and their respective personal representatives, successors and permitted assigns, and references to any party shall include that party's personal representatives, successors and permitted assigns.

1. GENERAL MATTERS

   1. 2.1 We are an independent and privately owned tour operator registered as a private company in United States of America. Our registered address is 18455 NW 9th Ct. Pembroke Pines. 33029. Fl. We trade under the names Kurated Travel and Cuba Direct. We are travel consultants with extensive expertise of the countries we offer travel to. Potential clients will benefit from our advice and knowledge which they are under no obligation to pay for up until time of booking.

1. PROFILE AND RECORDKEEPING

   1. All travelers must complete the TRAVELER PROFILE and agree to keep a record of all the activities while in Cuba.
   2. The Traveler Profile must be completed at least 60 days prior to departure or within 72 hours of booking, whichever is later. If we do not receive the TRAVELER PROFILE promptly, your booking may be subject to additional fees and/or cancellation. The TRAVELER PROFILE includes: - Traveler Information Form - Copy of your passport - Travel Affidavit* - Copy of the Cuban Visa - These Terms and Conditions dated and signed.
   3. A Letter of Confirmation and a copy of the OFAC´s Department of the Treasury General License will be provided to each traveler along with the itinerary for recordkeeping purposes and the traveler should keep them for 5 years after the trip is com

1. RESERVATIONS, PRICE, PAYMENT AND DELIVERY

   1. We do not accept bookings from persons under the age of 21 years.
   2. Travelers under the age of twelve are not eligible to travel on our People to People itineraries.
   3. Price guarantee: Most services are provided “on request” which means the services will be confirmed upon payment. Once payment has been received we will proceed to request the confirmation of the services. We may change our published prices from time to time, however this does not affect the price guarantee.
   4. Payments: We require you to pay:
      1. an initial deposit, the amount of which will be specified on the order page of our website, advised over the telephone or in the quote document, if the booking is made more than ten weeks in advance of departure, and the balance of the full amount not later than 10 weeks in advance of departure; or
      2. the full amount, which will be specified on the order page of our website, advised over the telephone or in the quote document if the booking is made less than 10 weeks in advance of departure.
   5. If the full amount has not been received 10 weeks before departure, we reserve the right to cancel your booking and cancellation fees will apply. Any payments are non-refundable to cover scenarios such as flights that require immediate ticketing and other services in similar situations. Payments may be made by debit card or credit card and will be subject to a 2.5% surcharge. We do not accept cheques. Payments are made in US Dollars (“USD”) unless otherwise stated. Your card/bank statement will show that monies were paid to Travel Direct.
   6. Delivery: All Booking Documents will be e-mailed to the Lead Client.
   7. You are responsible for checking the details of your booking upon receipt of the Booking Documents and ensuring that the details of your booking are correct.

1. CANCELLATIONS OR CHANGES BY YOU

   1. Notices of change or cancellation must be submitted in writing either by e-mail. The date on the change or cancellation notice will be deemed the date we receive your notification. Until such date, you are responsible for your travel arrangements as initially booked. Only the Lead Client can request and/or notify a cancellation or change.
   2. If you cancel, you will be charged the Deposit and any subsequent payments (please refer to Definitions 1.1)
   3. If you change your booking with our agreement, and subject to availability, you will be charged an administrative change fee on a per person basis of $150 USD plus the difference between the value of the Services listed in the original booking and the value of the Services listed in the amended booking.
   4. If some, but not all persons in the Party cancel their booking, additional charges may be payable by the remaining members of the Party (e.g. under occupancy charges).
   5. You are responsible for ensuring that you present yourself at the location(s) and time(s) specified in the Booking Documents. Failure to arrive or late arrival at the appointed time or location (“No Show”) may be deemed a cancellation and may invalidate the remaining travel arrangements.
   6. Most services operate on an ‘on request’ basis whereby we must wait up to 72 hours to receive confirmation of from the service provider in writing before your reservation is confirmed. If our request for your reservation is denied, you have the option of accepting alterative options which we will offer or your money back. If you wish to cancel your booking before this time (72 hours), you will incur the standard cancellation charges described in this clause 5.

1. VISA REQUIREMENTS

   1. All passengers must be in possession of a full passport, valid for at least six months after the scheduled return date.
   2. You are responsible for determining and complying with any visa or other requirements relating to entry to and exit from any country. Cuba Direct will have no responsibility or liability whatsoever if you are refused entry to or exit from your any country.

1. CANCELLATIONS OR CHANGES BY US

   1. 7.1 Once the details of your booking have been confirmed by us and you have received your Booking Documents, the details of your booking will not be subject to change except where circumstances beyond our control require changes to be made to your booking. Circumstances beyond our control include, without limitation, acts of god and failure of a third party service provider to fulfil its obligation. Where a service provider fails to fulfil its contractual obligation, we will endeavour to make suitable alternative arrangements.

1. INSURANCE

   1. Insurance is compulsory for travel to Cuba. The policy should insure all members of the Party for medical expenses, cancellation of the booking, loss of personal belongings, and such other liabilities and risks as may be necessary or appropriate.
   2. If you do not take out an appropriate insurance policy before travelling, neither we nor any of our agents or local representatives (where applicable) shall have any liability whatsoever for any loss, damage or injury suffered you or any member of the Party.

1. LIABILITY

   1. This clause 9 applies for the benefit of us and our agents and local representatives (where applicable).
   2. Nothing in this Agreement 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. Nothing in this Agreement statutory rights as a consumer.
   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.
   4. In no event may you bring any claim or proceeding more than 3 months after the end of your trip.
   5. In no event (including negligence) will there be any liability for:
   1. Special, indirect or consequential losses; or
   2. Any matters outside our reasonable control including without limitation interruptions in the supply of basic services such as running water, electricity and gas, 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
   3. Actions or omissions of third party operators or service providers; or
   4. Disregard of local law in regards to the security measures established either in the tourist facilities or the transportation means; or
   5. Failure to travel on the scheduled date for causes not relating to the facilities or the transportation agents connected with the Services; or
   6. Any damage caused outside the national territory; or
   7. Any damage caused within the national territory relating to facilities or transportation agents not connected with the Services.

1. INFORMATION, ARRIVAL AND DEPARTURE

   1. While we make every reasonable effort to ensure that the property descriptions are accurate, we accept no responsibility for errors contained therein or the results thereof. You accept and agree that there may be differences between the photographs, illustrations and/or text used to describe hotels/resorts or properties and the actual hotels/resorts or properties.
   2. There are no official rating system to describe the standard of private home stays. Our ratings should be considered in the context of a home offering one or more rooms to rent. It is your responsibility check reviews and information mainly, but not exclusively, on the internet.
   3. You must pay for travel to and from the property unless otherwise arranged and included in the Booking Documents.
   4. The check-in and check-out times will be shown in the Booking Documentation.

1. NUMBER OF OCCUPANTS AND TRANSFERS

   1. The number of persons permitted to occupy the property is limited to the number of persons specified in the Booking Documentation
   2. Transfer times are given as a guide and will be subject to change dependant on, amongst other factors, road and weather conditions and the number of stops made en route. This mainly applies to shared transfers.

1. WEATHER & NATURAL DISASTERS

   1. Several of the destinations we offer are affected by severe seasonal weather conditions, such as “hurricane season” and “monsoon season”. 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 National Hurricane Center information at http://www.nhc.noaa.gov/
   2. 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.
   3. If a storm or natural disaster is forecast to affect a destination, we work with local and international authorities to try to minimize disruption and keep you well informed. An evacuation of your resort, or a delay or cancellation of your flight to or from the resort may be necessary.
   4. In the event of changes, cancellation or curtailment to your trip due to actual or threatened bad weather, we are not able to offer any refund or compensation. We therefore recommend that you an appropriate insurance policy before travelling to insure you against the curtailment, cancellation or loss of your trip.
   5. Weather information is subject to change and you should monitor the latest local and international weather updates issued by the relevant authorities.

1. CHILD SAFETY, SWIMMING POOLS AND PREGNANCY

   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.
   2. Swimming pools are usually open all year. At times swimming pools may be closed due to maintenance or poor weather. We will endeavor to advise 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.
   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.

1. COMPLAINTS, COMMUNICATIONS AND CLAIMS

   1. All complaints must, in the first instance, be reported to your guide. If a well-founded complaint cannot be solved satisfactorily, you must immediately inform our local representative who will endeavor to resolve the issue and will also keep us informed.
   2. If you want to complain on your return, you must write to us in English by e-mail (customer.service@traveldirect.co.uk) within 28 days of your return. 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.
   3. Mobile telephone calls can be very expensive within Cuba. We will not refund any telephone call charges. If you need to speak to us, please liaise with your guide as per 15.2
   4. Due to mobile operating networks in certain destinations, we may experience delays in receiving messages. We apologize for any inconvenience this may cause.

1. FORCE MAJEURE

   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 this Agreement is prevented or affected by, or you otherwise suffer any injury, damage, loss or expense of any nature as a result of, a force majeure event.
   2. A force majeure event is any event which we or the third party supplier of the Service 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.

1. GOVERNING LAW AND JURISDICTION

   1. This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of United States of America.
   2. You irrevocably agree that the courts of United States of America shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.