YOUR AGREEMENT WITH LET’S CUBA LLC
By clicking the “I Agree” button on our website, or otherwise indicating your assent in writing, you agree to the following terms and conditions: Let’s Cuba LLC (“we” or “us”) arranges for the scuba trip described or named in our Reservation Form (the “Tour”). The Tour does not include air transportation. These terms and conditions apply to the Tour and the program for the Tour.
- RESERVATIONS, PAYMENTS, AND MINIMUM AGE: Full payment of the total Tour cost, along with a completed Reservation Form and Credit Card Authorization Form are required in order to confirm your reservation. Upon receipt of these forms and your deposit, we will confirm your trip in writing; however, we reserve the right to decline to accept any prospective participant. This Agreement, the signed Reservation Form, and the signed Credit Card Authorization Form, are all part of your agreement with us. We regret that children under the age of 18 are not eligible to participate on the Tour.
- TRIP PROTECTION OFFER AND WARNING: We advise that clients purchase a travel protection plan to cover all non-refundable trip expenses and a medical evacuation policy. If you decline, you will personally assume full responsibility for any financial loss associated with your travel arrangements, and you could lose your travel investment and/or have to pay more money to correct the situation. For example, you will suffer a loss if: (i) your flight has been cancelled and Tour is nonrefundable; (ii) you need to cancel your trip due to illness; (iii) a hurricane, volcano or earthquake occurs while traveling and you are stranded; (iv) your cruise line, airline, or tour operator files for bankruptcy, unless you have paid by credit card; (v) a terrorist incident occurs at the destination you planned on visiting; (vi) you have a medical emergency in Cuba and need medical attention or evacuation; (vii) your bags are lost and your medication is in them, and you need to have an emergency prescription filled; or (viii) your passport and wallet are stolen, and you need emergency cash and a replacement passport.
- CANCELLATION AND REFUND POLICY: Because your funds are immediately transferred to Cuba, we regret that we cannot provide any refunds of the Tour price if you cancel, regardless of the reason.
- OTHER PRICE INCREASES: Destination countries increase their VAT taxes from time to time. Any such increases will be applied to your total due at the time of final payment. Prices are also subject to increase due to currency fluctuations.
- BAGGAGE: Baggage is at owner’s risk throughout the trip. Airlines, buses, vans and other modes of transportation may all have weight and size restrictions on luggage. It is your responsibility to comply with all baggage restrictions
- PASSPORTS, VISAS, and OTHER ENTRY REQUIREMENTS: International travel requires a passport valid 6 months beyond your intended return travel date. In most cases, you will also need to have multiple consecutive blank visa pages within your passport (the number varies depending on the destination(s)). Many destinations also require that visas be obtained prior to travel. If one parent or guardian plans to bring a minor child without the other parent or parents, some nations have very strict documentation requirements. Birth certificates may be required for children under 18. Some nations require proof of vaccinations for all travelers. Please speak with your consultant if you are unsure about the visa requirements for your travel destination, but you are solely responsible for complying with passport, visa, and other foreign entry requirements and vaccinations. You are advised to check with the State Department at travel.state.gov to determine which documents you must obtain. If you are not permitted to board a flight or find yourself denied entry into a country, owing to your failure to present documents required by the authorities, you may not claim a refund of any kind. In the event of noncompliance, all costs incurred are yours alone.
- CUBA TRAVEL REGULATIONS: Under current United Sates travel restrictions with respect to Cuba, travel-related transactions are prohibited except for certain categories. By purchasing and participating in the services provided in the Tour, you self-certify that you qualify to travel under our general license for “people to people” travel. After we send you your confirmation, you will receive all necessary forms to be filled out in accordance with the regulations. You are encouraged to maintain records of your travel documents for 5 years from travel should the need arise to prove licensed travel. You will be personally responsible for complying with United States laws including, without limitation, restrictions regarding what may be brought to Cuba and what may be brought back.
- OPERATOR CANCELLATION OR SUBSTITUTION: We will make commercially reasonable efforts to keep the Tour as it has been published or sent to you; however, the final Tour may vary due to availability and factors beyond our control. We may in our sole discretion substitute services such as hotels or goods of similar quality for any services or goods. If a Tour is cancelled, our liability is limited to a full refund of your payments, and we will not be liable for any other costs, damages, or refunds of any kind for any loss, delay, inconvenience, disappointment, or expense whatsoever in such circumstances. If for reasons beyond our control, a Tour in progress must be interrupted or cancelled, we will in good faith reschedule all or a portion of the Tour to another date, but we cannot provide refunds.
- OTHER TAXES AND FEES: Some governments charge departure taxes and/or fees. These fees are the responsibility of each passenger traveling to the designated country and are not included unless stated.
- RESPONSIBILITY/LIABILITIES: We act only in the capacity of agent for the suppliers of the travel services named in your Itinerary or otherwise providing services or goods in connection with the Tour (the “Suppliers”), such as hotels and other lodging providers, local hosts, sightseeing tour operators, bus lines, car rental companies, driving services, restaurants, and providers of entertainment. We assume no responsibility for any personal injury, property damage, or other loss, accident, delay, inconvenience, overbooking, default, strikes, or irregularity which may be occasioned by reason of any act or omission of any of the Suppliers or airlines providing flights to or from your Tour. You assume full and complete responsibility for all risks of travel and for complying with all laws of the country in the Itinerary. You are also responsible for respecting the authority and following the directions of the Tour guide (if any) during a Tour. We may exclude you from participating in all or any part of the Tour if, in our sole discretion, your condition or behavior renders you unfit for the Tour or unfit for continuation once the Tour has begun. Unfitness may include, without limitation, any behavior that, regardless of its cause, is inappropriate or offensive or interferes with the delivery of Tour services, or may constitute a hazard or embarrassment. In such case, our liability shall be strictly limited to refund of the recoverable cost of any unused portion of the Tour. Should you decide not to participate in certain parts of the Tour or use certain goods included in the Tour, no refunds will be made for those unused parts of the Tour or goods. You agree to indemnify and hold us harmless from and against any costs, damages, losses, or liabilities arising out of your or your companions’ actions or omissions.
- ASSUMPTION OF RISKS AND RELEASE: You understand and acknowledge that, if you participate in activities during your trip, certain risks and dangers may arise, including, but not limited to, the risk of accidents in remote places without access to medical facilities, transportation, or means of rapid evacuation and assistance; the hazards of traveling in unsafe or politically unstable areas or under unsafe conditions; the dangers of civil disturbances, war, extortion, kidnapping, and terrorist activities; Tour activities that may involve increased risks, such as scuba diving and snorkeling, dangers and risks inherent in activities in underdeveloped countries; dangers of local law enforcement activity; attacks or bites by animals, pests, or insects; quarantine; epidemics; injury or death while on activities sponsored by lodging facilities or third parties; sickness; lack of appropriate medical care; or criminal activity. YOU DO HEREBY EXPRESSLY ASSUME ALL OF THESE RISKS AND DANGERS, AND YOU DO HEREBY EXPRESSLY AGREE TO FOREVER RELEASE, DISCHARGE AND HOLD US AND OUR AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, ASSOCIATES, AFFILIATED COMPANIES, GUIDES, GROUP LEADERS, AND SUBCONTRACTORS HARMLESS AGAINST ANY AND ALL LIABILITY, ACTIONS, CAUSES OF ACTIONS, SUITS, CLAIMS, AND DEMANDS OF ANY AND EVERY KIND AND NATURE WHATSOEVER WHICH YOU NOW HAVE OR WHICH MAY HEREAFTER ARISE OUT OF OR IN CONNECTION WITH YOUR TRIP OR PARTICIPATION IN ANY ACTIVITIES IN WHICH YOU PARTICIPATE.
- FORCE MAJEURE: We and our Suppliers assume no responsibility for any personal injury, property damage, or other loss, accident, delay, inconvenience, or irregularity which may be occasioned by reason of any matter beyond our or our Suppliers’ exclusive control including but not limited to a delay or cancellation of a flight that causes you to miss all or any portion of the Tour, acts of God, acts of government, war, terrorist acts, riots, disaster, weather extremes, or strikes. We have no special knowledge regarding the financial condition of the Suppliers, unsafe conditions, health hazards, weather hazards, or climate extremes at locations to which you may travel. For information concerning possible dangers at destinations, we recommend contacting the U.S. State Department at (202) 647-5225 or go to www.travel.state.gov, click on “Find International travel Information, then click on “Country Information”, and fill in the name of the destination country. For medical information, we recommend contacting the Centers for Disease Control at (877) FYI-TRIP or www.cdc.gov/travel.
- DISPUTE RESOLUTION: You agree to present any claims against us within 30 days after the Tour ends and to file suit within one year of the incident, and you acknowledge that this expressly limits the applicable statute of limitations to one year.
- MISCELLANEOUS: You hereby consent to our use of pictures or video of you in our marketing materials without compensation. Facsimile transmission of any signed document shall be deemed delivery of an original. At our request, you shall promptly provide an original document as well. If there are any conflicts between this Participant Agreement, the Reservation Form, and the Itinerary, this Participant Agreement shall apply. We reserve the right to decline to do business with anyone on a non-discriminatory basis.
- TRAVELERS NEEDING SPECIAL ASSISTANCE: We will make reasonable efforts to accommodate the needs of our travelers; however, travelers needing special assistance for their personal needs must notify us at the time of booking for a determination of what assistance we can reasonably provide. In cases where we cannot accommodate a traveler’s special needs, persons requiring this assistance must be accompanied by a companion who will be responsible for independently providing the needed assistance. We regret that we cannot provide special individual assistance to travelers with special needs for ordinary daily activities, such as walking, dining, etc. and other special needs. In no instance will we or our Suppliers physically lift or assist participants on to or off transportation vehicles.
- MEDICAL PROXY: If you are unable to authorize your own medical attention and treatment, you authorize us or our subcontractors or agents to authorize medical attention and treatment on your behalf. You agree to hold harmless and release us or them from any liability for medical attention authorized by us or them on your behalf. We assume no liability regarding provision of medical care or evacuation services. Any of our staff or subcontractors who may provide or seek emergency medical care on your behalf may not have had formal medical or first aid training and are acting only as a good Samaritan.
By signing below, I hereby agree to the terms of this Participant Agreement. If my party includes a person under 18, then I represent that I am that person’s parent or legal guardian. I agree not to initiate a chargeback or refund request that is not authorized by this Agreement and to pay any and all legal fees incurred by Let’s Cuba LLC in disputing any such claim for refund.
Travel Insurance (Check one box):
__/ Please send me information on the travel insurance protection plan and medical evacuation policy.
__/ I have already purchased travel insurance from ___________________ Policy number: ________________________.
__/ I have already purchased medical evacuation insurance from ________________ Policy number: _________________.
__/ I decline to purchase travel insurance or medical evacuation insurance.