TERMS OF TRAVEL

1. Registration – Travel Confirmation
Upon registration, which can be done in writing, per email, or verbally, over the phone, you enter into a contractual agreement which has a minimum requirement of 250.00 EUR of travel services. The contract is binding upon consignment of the travel confirmation – invoice, which can be sent per email, or fax. The complete travel and payment terms and conditions are also stated in the travel confirmation – invoice.

2.Payment
2.1. Upon issuance of the travel confirmation/invoice 20% of the total travel costs will be due. Regulation for Flight tickets: According to the terms and conditions established by each airline, an immediate payment can be due. Travel insurance costs acquired through Cuba Star Travel will be due in its entirety along with the down payment. The remaining payment is due without any further request, 30 days before the trip commences. You will receive the travel documents after full payment of the travel costs has been made. In your interest, we recommend that you carefully review the travel confirmation upon receipt. An insurance policy will be issued according to § 651 k BGB, if a combined trip with at least two travel components is booked. Your travel costs are secured with: R+V Allgemeine Versicherung AG, Raiffeisenplatz 1, 65189 Wiesbaden, Germany.
2.2. Last minute travel booking: Reservations made within 7 days of the start of the trip will incur an additional 35.00 EUR last minute booking fee. Reservations made on Sundays and holidays (only with prior consultation!): If processing a last minute reservation is desired on a Sunday or holiday, a total fee of 125.00 EUR will be administered.

3. Services
3.1. The contractually agreed upon services are those stated in the service descriptions (i.e. on the internet, brochure, flyer) and the applicable statements in the travel confirmation/invoice. We reserve the rights to amend the service descriptions before ratification of the contract and to inform you in a timely manner in such case.
3.2. If you do not take advantage of particular services for which you have paid for, as a result of an early return or due to other pressing reasons, we may only provide you with a partial reimbursement if the service provider authorizes a credit, however not when it applies to menial services.

4. Service and Change of Price
4.1. After the completion of the contract, changes and amendments to contractually agreed upon individual travel components, can only be made in good faith and when necessary as long as they are not major and do not considerably affect the complete travel arrangements of the originally booked trip. The warranty claim remains in effect and applicable to changed travel components with defects.
4.2. We will inform you of any service changes or amendments without delay.
4.3. In case of a considerable change to an essential travel service, you have the right to withdraw from the contract with no financial penalties, or to take advantage of a trip with equal or higher value with no surcharge, if we can provide you with such a trip.
4.4. We reserve the right to change the price as agreed upon in the travel contract in case of increases from the suppliers or charges for particular services like airport fees or changes of the currency exchange rates.
4.5. An increase is only allowable if there are more than 4 months between the close of contract and the arranged travel dates and the reasons of the increase were unforeseeable at the time the contract was entered into.
4.6. In case of later changes to travel costs, you will be informed immediately. Rate increases on or after the 20th day before departure are not applicable. You have the right to withdraw from the contract upon rate increases of more than 5% with no financial penalties, or to take advantage of a trip with equal or higher value with no surcharge, if we can provide you with such a trip.

5. Travel Cancellation – Rebooking – Transfer
5.1. Cancellations may be made any time before the start of the trip. Our receipt of the cancellation statement is definitive in making a cancellation. At your interest and in order to avoid misunderstandings, we recommend that you submit a written cancellation request. The effective cancellation date is determined by the date on which the cancellation statement is received at: CUBA STAR TRAVEL, Uhlandstr. 170A, 10719 Berlin, Germany, Fax: +49-30-32766104, email: info@cubastartravel.com
5.2. If you default or withdraw from the travel contract, we may request appropriate compensation for the travel preparations made and our expenses. We will take usually spared expenses and otherwise usage of travel services into consideration in calculation of compensation.
5.3. The amount is based on the sum of invoice. In case of cancellation, fees are usually applied per person as a percentage of the sum of invoice as follows:

5.3.1. Group travel and package travel
- up to 30 days before travel date 15%
- from 29 to 22 days before travel date 35%
- from 21 to 15 days before travel date 45%
- from 14 to 7 days before travel date 65%
- from 6 to 1 day before travel date 75%
- on travel date or no-show 100%

5.3.2. By own arrival
- up to 30 days before travel date 20%
- from 29 to 22 days before travel date 25%
- from 21 to 15 days before travel date 30%
- from 14 to 7 days before travel date 45%
- from 6 to 1 days before travel date 55%
- on travel date or no-show 100%

5.3.3. Rental Car (stand-alone booking or part of travel package)
- up to 1 day before rental the amount of one day will be charged, nevertheless, it shall be a minimum of 56.00 EUR
- no show to pick-up rental car 100% of rental costs.
No refunds upon early return.

5.3.4. Flights (stand-alone booking or part of travel package)
- 56.00 EUR per air ticket in addition to fees accrued by and from the airline

5.3.5. Yacht charter, group sailing (stand-alone booking or as part of a travel package)
- up to 6 months before travel date 20%
- from 179 to 31 days before travel date 50%
- from 30 days before travel date 100% of cost of charter.

5.3.6. When, in the case of specials or exclusive services, different cancellation and amendment conditions are named, those terms and conditions will apply.
5.3.7. You reserve the right to verify that no or considerably lower costs than in the above mentioned sums or than stated in the trip cancellation policies on specials and exclusive services were incurred.
5.4. Changes with regards to i.e. travel dates, travel destination, accommodations or transportation, made after the initial booking will incur a fee of 35.00 EUR per person as long as they are made 30 days before the travel date. Later changes are only permissible if the previously booked trip is cancelled in whole. It is not possible to change a fixed booking to a simple reservation.
5.5. The substitution of the registered participant with somebody else will incur 56.00 EUR per person in additional fees. Exception is the Cuba Cruise with a fixed rate of 180.00 EUR. The substitute assumes the rights and responsibilities per the travel contract. We may contest the entrance of a third party into the travel contract, if they do not meet the particular demands of the trip or if they oppose legal or municipal regulations. The substitute participant and the registered participant are joint debtors for the travel costs and the additional costs incurred as a result of the substitution.

6. Cancellation by the Tour Operator
6.1. If the published minimum number of participants is not registered by four weeks before the scheduled travel date, we reserve the right to cancel the trip. Payments based on the travel costs will be refunded promptly.
6.2. You may request to take part on a trip of equal or greater value, if we are able to make such an offer at no additional charge.
6.3. Without compliance to a deadline, if you choose to substantially interrupt the execution of the trip despite our caution or if your conduct is contrary to the contract to such extent that the immediate revocation of the contract is justified without compliance to a deadline. If we do revoke the contract, we maintain claim to the travel costs. You are responsible for possible surcharges for the return transportation. We must nevertheless be credited for the cost of the spared expenditures and their respective benefits, which we attain from the misuse of a service which was not claimed, including any refunds received from the service provider.

7. Force Majeure – Unusual Circumstances
7.1. If the trip is complicated, impaired, jeopardized due to force majeure unforeseeable at the time the contract was ratified, then both you and we may according to § 651j BGB cancel the travel agreement. If the contract is canceled, we may receive adequate compensation for services already rendered or to be rendered pending the end of the trip.
7.2. If cancellation occurs after the trip begins, we are obligated to meet the necessary transportation measures, per the contractual agreement. The additional charges for the return transportation will be shared by you and us, each party bearing half of the costs; the remaining of the additional costs remains your responsibility.

8. Liability
8.1. We are liable, with due diligence to fair business, for the careful selection and monitoring of the service provider, the correctness of the service descriptions and the provision of the contractually agreed upon travel services.
8.2. Our liability excludes service providers where we only act as a broker, i.e. car hire.
8.3. Our liability for damages from the travel contract, which are non-bodily injury, is limited to three times the travel costs, as long as the damage is neither intentionally caused nor due to gross negligence, and as long as we alone are responsible for the faults of a service provider.
8.4. For damage claims due to impermissible action, which are not a result of gross negligence or intention, we are liable for up three times the travel costs.
8.5. We are not liable for services, which you directly booked and have taken advantage of (i.e. exhibitions, sporting events, concerts etc.). In this case the contractual terms and conditions of the service organizer are in effect.
8.6. A damage claim against us is limited, if due to legal provisions, which are applicable to services provided by a service provider, a damage claim against the service provider can only be put into effect under certain conditions or limitedly, or is excepted under certain conditions.

9. Warranty – Obligation to Cooperate
9.1. If travel services are not provided according to contract, you may demand a remedy within a reasonable time period. We are qualified to provide a remedy in such a manner that the substitute service is of equal or higher value. We may refuse the remedy if you require inadequately high expenditure. You may assert a claim for a reduction in travel costs, if the travel services are not provided according to contract. The reduction does not apply if you are at fault for failure to notify of the problem.
9.2. In the event that possible service disruptions which arise, you are required, within legal framework, to do everything in contribution to the removal of the disturbance and keep possible damages to a minimum. All complaints should be made to the travel coordinator, the partner agency or the service provider immediately. The travel coordinator is not authorized to provide us with legally binding statements. If a local travel coordinator, a partner agency, or service provider is not accessible, complaints must be made to us immediately.
9.3. The travel coordinator, the partner agency or the service provider (i.e. the hotel management, transfer company etc.) receives the complaint on location in order to provide a remedy. The contact addresses and telephone numbers are listed in your travel documents. In case you are unable to contact the aforementioned, please inform us of your complaint at: phone +49-30-32766100, facsimile +49-30-32766104 or email: info@cubastartravel.com
9.4. Baggage loss or damage complaints from air travel should be made to the respective airline through a notification of loss or damage (P.I.R.) on location. We are not liable for the loss or damage to valuable objects. Complaints about flight delays as well as requests of refunds shall be addressed to the respective airline. 
                                                                                            
10. Exclusions – Limitations
10.1. Claims about contractually inappropriate travel service provided, must be made within a month of the contractually stated travel condition. In your own interest, the claim should be made in writing. After the deadline, claims can only be put into effect if you were restricted, by no fault of your own from keeping to the deadline.
10.2. Claims on the travel contract are limited to a year after the contractually stated travel end date.

11. Travel Insurance
11.1. Travel insurances are not included in the travel costs. We strongly recommend a trip cancellation insurance policy in conjunction to a travel health insurance policy (the latter it is compulsory to entry). For your safety we recommend a complete insurance coverage including cancellation policy and 24 hours emergency call service.
11.2. Sports Travel: We recommend a Sports Injury Insurance
11.3. Rental Car: A Bodily Injury Insurance is not available in Cuba, we strongly recommend that you make such insurance arrangements in your home country. Improve your insurance coverage for rental cars as required by paying an additional on the spot premium.

12. Passport, Visa, and Health Regulation
12.1. Please see our webpage www.cubastartravel.com or the information we have provided you with for passport, visa, and health requirements. Adherence to these requirements is your responsibility. You will be responsible for all penalties resulting from non-compliance. This information is for European citizens. Citizens of other nations should consult the consular department responsible.
12.2. Technical facilities abroad do not always meet European standards. Be sure to follow the contingent manuals and guides.
12.3. You are personally responsible for the adherence to all regulations necessary for travel. All penalties, especially payment of cancellation fees, which arise due to lack of adherence to these requirements, are your burden and responsibility, excepting if you are intentionally given misinformation or no information.

13. General Regulations – Data Protection
13.1. The receiver of the travel documents is required to thoroughly read through the documents received for correctness (name, travel dates, travel destination etc.) and to report any wrong information immediately.
13.2. The statements made under “Services” are reflective of the most up-to-date internet or print versions. With the publication of new services, the previous offers become no longer valid.
13.3. We cannot be held responsible for typos, printing or computation errors.
13.4. The invalidity of individual requirements of the travel contract does not consequently affect the validity of the complete travel contract.
13.5. The trial location is, as allowed by the law, Berlin, Germany.
13.6. Inquiries and processing of all personal data is carried out according to the German privacy protection regulations. Only inquiries necessary for the processing of your trip will be made and forwarded to our partners.

Touroperator:
CUBA STAR TRAVEL
Uhlandstr. 170A
10719 Berlin
Germany

Updated: March 2017