AGB | Terms & Conditions
General terms and conditions
Subject of the contract
These general contractual and travel conditions (herein - after GCTC) govern the relations between CUBA Bikers / CARIBBEAN TOURS and a customer.
They shall also be applied if no reference is made to these GCTC in individual contracts and/or bookings.
The individual agreements between CUBA Bikers / CARIBBEAN TOURS
and the client have priority over these GCTC.
Individual agreements between the parties, the services of CUBA Bikers / CARIBBEAN TOURS, prices and additional agreements are concluded in the individual agreement.
The services of CUBA Bikers / CARIBBEAN TOURS are determined by an individual agreement and GCTC.
Informations, etc, which do not come from CUBA Bikers / CARIBBEAN TOURS, such as details provided by the service providers, tourism organizations, assessment portals, etc, do not oblige CUBA Bikers / CARIBBEAN TOURS.
The Caribbean, especially Cuba, is a touristic-developing area, but it cannot be compared with Europe in terms of standard. The “Caribbean flair”, which is appreciated by the tourists, can lead to inconsistencies, as tourists have misconceptions regarding the quality and availability of tourism services.
CUBA Bikers / CARIBBEAN TOURS therefore expressly points out that the standard of hotels, restaurants, means of transport, public facilities, etc. does not meet European standards.
The hotels, despite their own data of their categories (stars) and /or the belongings to international hotel chains, cannot be compared with Swiss or European standards. Due to the colonial construction style of many city hotels in Cuba not all rooms have windows or they open only on the courtyard under certain circumstances.
CUBA Bikers / CARIBBEAN TOURS always tries to reserve rooms with windows, but this can not be guaranteed.
“Caribbean Punctuality” does not correspond to European punctuality. The customer shall take into account these circumstances during his travel.
The road conditions in the destination countries do not correspond to the European standards. The roads are partially in less good condition (bumpy, with sloops, here and there not asphalted). Therefore it is often necessary to drive slowly. Even animals and carriages are not uncommon on the road. For these reasons, it can lead to longer traveling times in certain circumstances.
CUBA Bikers / CARIBBEAN TOURS is reliant on Cuban state tourism organizations when purchasing services and cannot conclude contracts directly with individual service providers. Certain restrictions arise in this connection when selecting service providers and a possibility to intervene directly with service providers.
CUBA Bikers / CARIBBEAN TOURS reserves the right to increase agreed prices up to 3 weeks before the commencement of services in the following cases:
• Increase in transport and accommodation costs
• Introduction or increase of fees and taxes, such as boarding and disembarking fees, landing and security charges, introduction of new taxes or duties or their increase
• Exchange rate changes. If the total price of the booked services increases by more than
5 %, the customer can withdraw from the contract free of charge. Payments already maid will be refunded under exclusion of further claims. Notification of withdrawal must came in to CUBA Bikers / CARIBBEAN TOURS in writing or via e-mail within 5 working days. See also “Calculation of a Cancellation Period”).
Program changes before commencement of services
CUBA Bikers / CARIBBEAN TOURS strives to carry out the agreed services according to the program.
However, it cannot be excluded that due to objective circumstances (e. g. due to government measures, slot changes, environmental and natural events, force majeure or other unforeseeable or unavoidable circumstances) or because of service providers changes in program and service will be necessary.
CUBA Bikers / CARIBBEAN TOURS shall notify the customer of such changes promptly and will strive to mitigate their effects.
CUBA Bikers / CARIBBEAN TOURS shall also notify the customer of any changes in the price as a result of changes in the program and services.
The customer shall have a right of withdrawal if changes in the program or services fundamentally change the overall concept of the trip.
Program changes during a travel
The client shall take note that in the Caribbean, in spite of a good travel organization, program and service changes cannot be excluded during a trip. This is especially due to weather and natural events, govern mental measures, force majeure, supply bottlenecks, or other unforeseeable or unavoidable circumstances, etc.
CUBA Bikers / CARIBBEAN TOURS strives to minimize the consequences of such changes.
In all of these cases, program changes are reserved. It shall be attempted to arrange an alternative program or to adjust the program accordingly.
CUBA Bikers / CARIBBEAN TOURS is entitled to refuse the remedy in case the defect has been caused by the customer, in the event of force majeure, or if the elimination of the forementioned defect should incure excessive costs.
The prices are based on an individual agreement.
Terms of payment for Cuba: All payments shall be made in EUR. Because of the still intact US embargo against Cuba, no USD payments can be made. Although the invoice is issued in USD, the payment of the USD invoice shall be made in EUR equivalent before the due date.
The rate applicable is the exchange rate ofwww.reuters.com on the date of payment.
In no case the customer shall settle the invoice in USD. The US government can freeze this payment and it may never be released.
If the customer paid the invoice in USD by mistake, he should reclaim the amount from the sending bank and make it again in EUR. Invoices paid in USD are considered to be not paid.
If no other payment terms are specified in an individual agreement, an offer, a booking confirmation or a sales manual of CUBA Bikers / CARIBBEAN TOURS, the following conditions shall apply:
The total amount shall be credited to the CUBA Bikers / CARIBBEAN TOURS’ account no later than 30 days before the first service. At the same time, the customer shall inform CUBA Bikers / CARIBBEAN TOURS via e-mail about the paid invoice (with the invoice number) and the amount paid:
For Cuba to the following address:
Especially for group and incentive travels apply deviating payment terms.
CUBA Bikers / CARIBBEAN TOURS shall send this upon request. They are specified in individual contracts or offers.
If the customers payment is not received in time, CUBA Bikers / CARIBBEAN TOURS will set the customer an additional deadline. If this period expires unsuccessfully, CUBA Bikers / CARIBBEAN TOURS can refuse to provide services, consider the contract as cancelled and demand the cancellation costs.
However, CUBA Bikers / CARIBBEAN TOURS also have the right to insist on fulfillment of the contract. If the invoice is not paid in due time, upon expiration of the payment deadline, the customer is automatically in default (expiration date).
From that moment CUBA Bikers / CARIBBEAN TOURS shall be entitled to demand an interest on default of payment in the amount of 5 %.
If an additional deadline referred to in the previous paragraph expired unsuccessfully, CUBA Bikers / CARRIBEAN TOURS shall be entitled to commission a collection agency. Its costs shall be born by the customer.
Transfer charges: transfer costs are charged to the customer. Transfer charges incurred by CUBA Bikers / CARIBBEAN TOURS shall be billed to the customer.
Cancellation conditions and processing fees
Changing travel dates and/or services already confirmed by CUBA Bikers / CARIBBEAN TOURS shall be handled as a cancellation with a new registration.
If a definite booking is cancelled or changed, the following costs will be charged:
8.1 Cuba: Processing and cancellation fees for individual customers:
After a definite booking, in case of a cancellation up to 46 days before the travel start, at least USD 60.00 processing fee, maximum USD 180.00 shall be charged.
Subsequently, the following cancellation fees shall be incurred :
45–31 days prior to arrival: 10 %
30–15 days prior to arrival: 25 %
14–08 days prior to arrival: 40 %
07–03 days prior to arrival: 60 %
02–01 days prior to arrival: 80 %
24 hours prior to arrival or no-show: 100 %
The above mentioned cancellation conditions refer to package services. Individual services (just hotel or transfer services, etc.) are subject to separate cancellation conditions, which are stated separately in the offer and on the confirmation.
If the notification is received outside normal office hours (office hours: Monday to Friday: 8.30 to 17.00 (CET/CEST), on Saturdays, Sundays or general holidays (Zurich), the next working day is authoritative.
The means of transport used can transport baggage up to certain limits. Round tours and transfers customers shall have the right to the free transportation of the following baggage items per traveler :
1 big suitcase or 1 big bag (max. 20 kg) and 1 hand baggage (max. 5 kg)
CUBA Bikers / CARIBBEAN TOURS is entitled to reject transportation of further baggage. CUBA Bikers / CARIBBEAN TOURS is free to transport the additional baggage, but it shall call the customers attention to the fact that the comfort of the transportation can be restricted and CUBA Bikers / CARIBBEAN TOURS is not liable for the consequences arising from this, or perhaps a larger vehicle must be used which costs shall be billed to the customer.
Liability of CUBA Bikers / CARIBBEAN TOURS
CUBA / CARIBBEAN TOURS is liable for a careful travel organization and a proper tender of travel services. Liability in case of claims other than a personal injury shall be limited to twice the package price / traveler per traveler.
Liability shall be excluded for service providers and as sisting persons.
If the services of CUBA Bikers / CARIBBEAN TOURS should be subject to compulsory applicable (laws) rules or compulsory applicable international agreements, CUBA Bikers / CARIBBEAN TOURS shall be liable only in accordance with these applicable laws and international agreements.
Liability shall be excluded especially in the following cases:
• The damage has been caused by failure of the traveler before or during the trip.
• The damage has been caused by third parties.
• The damage occurred despite all due care on the part of CUBA Bikers / CARIBBEAN TOURS and/or the service providers or due to force majeure.
The limitations and exclusions of liability in these GCTC and in individual agreements shall also apply to the non-contractual or quasi-contractual liability.
The non-contractual or quasi-contractual liability cannot justify any further claims as if it could be stated for the contractual liability in these GCTC.
This shall not affect mandatory applicable, contractual unchangeable provisions.
Travels accompanied by a Tour Operator / Tour Guide:
If a travel is accompanied by a tour operator or its tour guide, its customers shall address to the tour guide. He contacts then the office of CUBA Bikers / CARIBBEAN TOURS.
CUBA Bikers / CARIBBEAN TOURS shall remedy the claimed short comings in cooperation with the Travel Operator and the service provider.
Basically, the Tour Operator is the contact person of the traveler. The Tour Operator shall provide a remedy in cooperation with CUBA Bikers / CARIBBEAN TOURS.
In the individual contract another procedure can be agreed.
Removal of defects
CUBA Bikers / CARIBBEAN TOURS shall be notified immediately of any defects, so that CUBA Bikers / CARIBBEAN TOURS can provide appropriate remedies.
CUBA Bikers / CARIBBEAN TOURS is not obliged to remedy the defect caused by the traveler, or by force majeure, or the remedy would cause disproportionately high costs.
If the defects are indicated not immediately, the customer loses his rights.
CUBA Bikers / CARIBBEAN TOURS explicitly draws the customers attention to the short deadlines for baggage claims and delays.
If CUBA Bikers / CARIBBEAN TOURS shall locally remedy any defects on behalf of the customer, take corrective measures and effect possible repayments on its behalf, this shall
be regulated via individual agreement with the customer. Especially, what is the maximum amount of repayments by CUBA Bikers / CARIBBEAN TOURS on behalf of the customer.
The customer shall respectively authorize CUBA Bikers / CARIBBEAN TOURS.
Forfeiture and limitation
The customer shall be forfeited if these are not claimed within 30 days after the contractual end of CUBA Bikers / CARIBBEAN TOURS services.
The claims shall become time-barred within one year after the contractual end of the services.
This shall not affect short forfeiture and limitation periods in applicable laws and international agreements and / or longer, contractually unchangeable periods.
CUBA Bikers / CARIBBEAN TOURS offers the customers the following emergency numbers - as well outside office hours (normal office hours: Monday to Friday : 8.30 to 17.00) at weekends and on holidays :
+ 53 (0) 52 79 98 40 or
+ 53 (0) 52 64 03 71
These numbers are available for use only in emergencies.
In the event of natural disasters and other emergencies, CUBA Bikers / CARIBBEAN TOURS shall set up an emergency commitee and inform the customer / people wich belongs about the state of affairs by e-mail.
CUBA Bikers / CARIBBEAN TOURS informs its clients about the entry and health regulations, etc.
Especially for Cuba about the “health insurance requirements”:
The entry into Cuba is possible only with a proof of having a foreign health insurance (not from US-insurance companies).
Any person who cannot provide certificate of insurance when entering, shall sign a Cuban health insurance at the airport obligatory or they can be refused entry.
CUBA Bikers / CARRIBEAN TOURS is subject to the Swiss data protection.
CUBA Bikers / CARRIBEAN TOURS forwards the data of the customers to the service providers etc. in the countries of destination, as necessary for the service fulfillment.
The level of data protection in these countries does not comply with the Swiss level of protection.
If individual provisions of these general contractual and travel conditions or the individual agreements should prove to be invalid, ineffective or unenforceable, the validity, effectiveness and fulfillment of the remaining parts of these GCTC and the individual agreements shall not be adversely affected.
The invalid, ineffective or unenforceable provision shall be replaced by a valid, effective and fulfillable provision which approximates the original intention of both parties as closely as possible.
Applicable Law and Jurisdiction
All relations between CUBA Bikers / CARIBBEAN TOURS and the customers are exclusively subject to Swiss law. As exclusive venue of jurisdiction Zurich, Switzerland is agreed.
The compulsory applicable, contractual unchangeable provisions in the applicable Law and international agreements are not affected.
CUBA Bikers / Caribbean Tours AG, Dezember 2016
AGB CUBA Bikers