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TERMS & CONDITIONS - HotelRaquel-Cuba.com
TERMS & CONDITIONS
This website is operated by CUBA TRAVEL NETWORK, a division of CARIBBEAN TRAVEL NETWORK B.V. (with BTW/VAT number 8212.47.918 and Chamber of Commerce Number 34358068, subsidiary of CARIBBEAN TRAVEL NETWORK N.V.). CARIBBEAN TRAVEL NETWORK N.V. and our affiliates provide our products and services to you subject to the following terms and conditions. Please read these terms and conditions of use ("Terms and Conditions") before using this website ("Site"). You consent to these Terms and Conditions when you use this Site, without qualification. If you disagree with any part of the Terms and Conditions, you may not use this Site in any way. PAYMENT POLICY Reservations require payment in advance. Your credit card will be debited within 24 hours after making your reservation. Accepted credit cards - VISA, MASTERCARD. Your payment will be to Caribbean Travel Network B.V., and your bill will state: CARIBBEANTRAVELNETWORK. Occasionally, for clients with bank accounts located outside of Europe a foreign transaction fee might apply; contact your bank for further details. CLAIMS If you consider that offered services do not match the travel agreement between you and Cuba Travel Network, or in the case of objections and / or other situations preventing a flawless performance, you have to report this immediately to the local Cuba Travel Network representative or our Cuba head office in Havana (contact details are available on your booking confirmation emails and documents). Failure of this notification will limit Cuba Travel Network to contribute in finding an adequate solution. If after contacting Cuba Travel Network local representative or our Cuba head office in Havana, no satisfactory solution could be achieved, a proper notification of your objection is conditional upon a complaint, which must be submitted in writing within 7 days of the end of the service. The speed of our final and conclusive reply to the complaint will depend on the definitions and terms of providers (hotels, car rental companies, airlines, etc) REFUNDS We will not make refunds to credit cards other than the credit card that was used for your booking. We may process refunds via wire transfer, in which case we will deduct any bank charges from the refundable amount. We aim to process refund within 72 hours after providing our conclusive reply about your request. Whilst every effort has been made to ensure accuracy and availability, some errors might still occur. Once aware of such incidents we will make all reasonable effort to advise you within 48 business hours of the booking being made. We reserve the right to cancel the reservation and refund all monies paid, but this of course will be without any liability to you. CONDITIONS SPECIFIC TO HOTEL BOOKINGS Below you will find conditions specific to hotel reservations handled by CUBA TRAVEL NETWORK. Accommodation, Rates The total charge includes all room charges and taxes, as well as fees for access and booking. Any incidental charges such as parking, phone calls and room service will be handled directly between you and the property. Your reservation is guaranteed for late arrival. Hotels will provide accommodation to the person under whose name the reservation was made ("lead passenger"), and to accompanying persons as per the exact amount of adults and children booked into each room. The lead passenger must be present at the time of check-in, and all guests must present a valid passport. Accommodation is usually available from 16.00hrs on the day of arrival and must be vacated by 12.00hrs on the day of departure. The number of guests in each room is limited to the number of beds provided by the hotel. Rates are inclusive of value added tax. Child Policy Infants up to 1 year 11 months: free of charge. Cots must be requested directly at the hotels, with extra cost. At some hotels no cots are available, and infants must sleep in same bed as parent(s). Children rates will be confirmed during the reservation process. Normally, children rates apply for ages 2 - 11 years, and only when sharing room with two adults. Children 2-11 years sharing room with 1 adult must be booked as adults. Some rooms do not have space for an additional bed for children, and therefore maximum capacity is one adult plus one child. Children 12 years and older must always be booked as adults. Children are not allowed in 'adults-only' resorts, where minimum age is normally 18 years. Cancellation Policy Once you have paid for your reservation, the following cancellation policy applies: - Special cancellation terms apply for stays from December 22nd to January 4th: if you cancel the reservation 31 days or more before your intended arrival date, we will refund you the total amount minus an administration fee equivalent to 3% of paid amount, with a minimum of EUR 15. If you cancel the reservation between 30 and 15 days of your intended arrival date, we will refund 50% of the amount paid. If you cancel the reservation 14 days or less before your intended arrival date no refund will be granted, the penalty will be 100% of the stay. - As for the rest of the year, if you cancel the reservation 16 days or more before your arrival date, we will refund you the total amount that you paid minus an administration fee equivalent to 3% of paid amount, with a minimum of EUR 15. - If you cancel the reservation between 15 and 4 days of your intended arrival date, we will refund you the total amount paid, minus 50 % of the amount paid for the stay. - If you cancel the reservation less than 3 days of your expected check-in date, or you do not arrive at the hotel (no show) on the date of your expected check-in no refund will be granted, the penalty will be 100% of amount paid. GENERAL CONDITIONS You agree to be bound by the following obligations, including without limitation: - You accept financial responsibility for all transactions made under your name or account. - In order to make a purchase you must be over 18 years old, be purchasing for yourself and have the legal capacity to make the transaction. - You warrant that all the information you provide to us is true and accurate. - You must not use the Site for speculative, false or fraudulent bookings. - Failure to supply the correct credit or debit card billing address information and/or cardholder details may result in delays to the issue of your tickets and may make the fare(s) subject to increase. Please ensure that the details you give match those on your credit card billing statement. We also reserve the right to cancel tickets after issue if payment is declined or incorrect cardholder details and billing information have been supplied. - The Site and any content may not be modified, copied, transmitted, distributed, sold, displayed, licensed, or reproduced in any way by you, except if you wish to make copies of the website for your own personal and non-commercial use. - The information and/or prices shown on this Site are updated from time to time and therefore may have changed by the time you come to book your holiday or travel arrangements. Whilst every effort is made to ensure the accuracy of all such information and prices, regrettably errors do occasionally occur. You must therefore ensure you check all details of your chosen holiday or travel arrangements (including the price) at the time of booking. - The Site is provided on an 'as is' and 'as available' basis. We do not accept any liability in respect of your ability to access or use the site at any time or for any interruption in that access or use or for any failure to complete any transaction. We do not warrant that the Site is free from computer viruses or other properties that may cause loss or damage. - You are advised to check with the relevant destination, embassy, or tourist office to confirm that the guidance is up to date. In particular with respect to passports and visas requirements, CARIBBEAN TRAVEL NETWORK N.V. does not guarantee to board any passengers who do not have a valid passport or do not comply with the visa requirements of their final destination or guarantee the successful rental of cars or other vehicles to clients who do not have a valid driving or other required license. If you are a citizen of the United States of America you are responsible for obtaining the relevant travel documentation required by the Government of the United States of America for travel to Cuba. CARIBBEAN TRAVEL NETWORK N.V. or its distributors are not responsible or liable in any way if you have not obtained the relevant documents prior to traveling to Cuba. CARIBBEAN TRAVEL NETWORK N.V. or its affiliates are not liable for any penalties or claims by the Treasury Department of The United States of America as a consequence of your traveling to Cuba. SECURITY You are fully responsible for the content of your Submissions, (specifically including, but not limited to, reviews posted to this Website). You are prohibited from posting or transmitting to or from this Website: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website. You acknowledge that CARIBBEAN TRAVEL NETWORK N.V. may exercise its rights (e.g. use, publish, delete) to any content you submit without notice to you. SUPPLIER RULES AND RESTRICTIONS We operate both as an agency model and as principal. This means that where we act as an agency model we act as a disclosed agent for third party suppliers, such as a tour operator, hotel, car rentals, carriers, airlines etc. What this means is that the contract for the product is between you and the supplier. However, we may be liable to you if we have been negligent; we have misrepresented important information or have been in breach of any other relevant law. Separate terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select. Please read these separate terms and conditions carefully. You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier's rules and restrictions regarding availability and use of fares, products, or services. You acknowledge that some third-party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such supplier's rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable travel product or services, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation. CONTRACT FORMATION No contract will exist between you and CARIBBEAN TRAVEL NETWORK N.V. or its affiliates for the sale by it to you of any product unless and until CARIBBEAN TRAVEL NETWORK N.V. accepts your reservation by email confirming your reservation and issuing you a unique confirmation code. Acceptance will be deemed complete and will be deemed to be effectively communicated to you for all purposes at the time that CARIBBEAN TRAVEL NETWORK N.V. sends the email to you whether or not you receive the email. ACCURACY OF INFORMATION CARIBBEAN TRAVEL NETWORK N.V. and its suppliers have taken reasonable care to ensure that the content of the website including all hotels, flights, airlines, car rental information and other information are accurate. CARIBBEAN TRAVEL NETWORK N.V. publishes such information in BONA FIDE. No warranties, promises and/or representations of any kind, express or implied, are given as to the accuracy of any of the information contained on this Site or as to the nature, standard, suitability or otherwise of any services offered by us or on our behalf and makes no commitment to update such information. You use this Site at your own risk. All general information provided on this Site is provided for guidance purposes only and is subject to change any time. USE OF PERSONAL INFORMATION CARIBBEAN TRAVEL NETWORK N.V. makes every effort to ensure that the information you exchange with us online, including personal information and credit card details, is treated as securely as possible to protect information sent between your browser and our systems. SOFTWARE AVAILABLE ON THIS WEBSITE Any software that is made available to download from this Website ("Software") is the copyrighted work of CARIBBEAN TRAVEL NETWORK N.V. and its Affiliates, and/or our respective suppliers. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this Website not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, nontransferable license to use the Software for viewing and otherwise using this Website in accordance with these terms and conditions and for no other purpose. RESTRICTION OF LIABILITY In no event shall CARIBBEAN TRAVEL NETWORK N.V. or its subsidiaries or partners be liable for any for delays, accidents, losses, changes of schedules, damages, (whether direct, indirect, punitive, incidental, special, consequential, or otherwise) arising out of, or in any way connected with, the use of or inability to use this web Site or for any information, software, products, or services obtained through or otherwise in connection with this web Site, in each case regardless of whether such damages are based on contract, tort, strict liability, or other theories of liability. LINKS TO THIRD PARTY SITES Our website contains links to websites operated by parties other than CARIBBEAN TRAVEL NETWORK N.V.. Such Hyperlinks are provided for your reference and convenience only. CARIBBEAN TRAVEL NETWORK N.V. does not own or control the content of those websites and is not responsible for their content or your use of them. CARIBBEAN TRAVEL NETWORK N.V. does not endorse the content of any of those websites. Inclusion of links to those websites on our websites does not imply that any endorsement of the content of those websites or any control over those websites or their operators by CARIBBEAN TRAVEL NETWORK N.V. ELECTRONIC COMMUNICATIONS You communicate with CARIBBEAN TRAVEL NETWORK N.V. electronically whenever you visit our websites or send emails to us. You consent to receive communications from CARIBBEAN TRAVEL NETWORK N.V. electronically and by fax. We will communicate with you by posting notices on this site, by email or by fax. You agree that all notices, disclosures, agreements and other communications that we provide to you electronically or by fax satisfy any legal requirements that communications be in writing. AREA OF JURISDICTION-GOVERNING LAW These terms and conditions are subject to the Laws of the Curaçao and to the exclusive jurisdiction of the courts of the Curaçao. PERFORMANCE SUBJECT TO EXISTING LAWS CARIBBEAN TRAVEL NETWORK N.V. performance of this agreement is subject to existing laws. Nothing contained in this agreement is in derogation of CARIBBEAN TRAVEL NETWORK N.V. right to comply with law enforcement requests or requirements relating to your use of this website or information provided to or gathered by CARIBBEAN TRAVEL NETWORK N.V. with respect to your use of this website. SEVERABILITY If any provision of this agreement is determined to be invalid or unenforceable pursuant to applicable law by any court of competent jurisdiction, the other provisions of this agreement will remain in full force and effect. Any provision of this agreement held to be invalid or unenforceable, including but not limited to the warranty disclaimers and liability limitations set forth above, will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision. FORCE MAJEURE If as a consequence of Force Majeure, CARIBBEAN TRAVEL NETWORK N.V. is obliged to curtail, alter or cancel a booking and/or any services agreed, the partner and/or client/customer shall not be entitled to claim compensation for any loss arising as a consequence of the said curtailment, alteration or cancellation. The term “Force Majeure” includes but is not limited to acts of God, natural disaster, fire and any other destruction of any accommodation booked, riots, acts of civil or international war, natural disasters, fires, exercise of municipal, legislative, military or other authority, strikes, industrial action, or any other reason beyond the control of CARIBBEAN TRAVEL NETWORK N.V. AMENDMENT TO THESE TERMS AND CONDITIONS CARIBBEAN TRAVEL NETWORK N.V. reserves the right to amend these Terms and Conditions at any time. This Agreement cannot otherwise be altered without prior consultation and agreement with CARIBBEAN TRAVEL NETWORK N.V. ENTIRE AGREEMENT These Terms and Conditions contain the entire agreement between CARIBBEAN TRAVEL NETWORK N.V. and the Client and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter and may not be amended or modified unless expressly agreed by CARIBBEAN TRAVEL NETWORK N.V. in writing. INDEMNIFICATION You agree to defend and indemnify the CARIBBEAN TRAVEL NETWORK N.V. and its affiliates and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of your breach of this Agreement or the documents referenced herein; your violation of any law or the rights of a third party; or your use of this Website. LIABILITY DISCLAIMER THE INFORMATION, PRODUCTS AND SERVICES PUBLISHED ON THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION SET FORTH ON THIS WEBSITE. CARIBBEAN TRAVEL NETWORK N.V., ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEBSITE AT ANY TIME. CARIBBEAN TRAVEL NETWORK N.V., ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, PRODUCTS AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, PRODUCTS AND SERVICES ARE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND. CARIBBEAN TRAVEL NETWORK N.V., ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, PRODUCTS AND/OR SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON INFRINGEMENT. IN NO EVENT SHALL CARIBBEAN TRAVEL NETWORK N.V., ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF CARIBBEAN TRAVEL NETWORK N.V., ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE CARRIERS, AIRLINES, HOTELS, CAR RENTALS AND OTHER SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES ON THIS WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF CARIBBEAN TRAVEL NETWORK N.V. CARIBBEAN TRAVEL NETWORK N.V ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. THE CARIBBEAN TRAVEL NETWORK N.V. AND THE CARIBBEAN TRAVEL NETWORK N.V. AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY. |
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