Terms and Conditions
All Cubaism flight inclusive holidays are ATOL Protected, since we hold an Air Travel Organiser's Licence granted by the Civil Aviation Authority. Cubaism ATOL number is 10011. In the unlikely event of our insolvency, the CAA will ensure that you are not stranded abroad and/or will arrange to refund any money you have paid to us for an advanced booking. For further information, please visit the ATOL/CAA website at www.atol.org.uk.
Please read these booking conditions carefully. Once a booking has been made then you are accepting the terms of these conditions on behalf of all the persons in the party. In these booking conditions any reference to you means all persons named in the booking including any added or substituted at a later date.
Booking Agreement Below are the conditions of the agreement between you ("you") and Cubaism Ltd. ("Cubaism") a limited company registered in England and Wales number 4865245. Our registered office and trading address is Unit 30, DRCA Business Centre, Charlotte Despard Avenue, Battersea Park, London SW11 5HD, United Kingdom of Great Britain (see map at here ). Sales and customer service staff can be telephoned on +44 (0)207 498 8555 or emailed at email@example.com.
By making a booking whether on our website, over the phone, by electronic communication, in person or through a travel agent, you are bound to these booking conditions. A binding contract will come into effect between you and us when we have sent a confirmation invoice whether or not you receive it.
We cannot accept bookings from persons less than 18 years of age.
1. Booking Payment and Confirmation
(a) After receiving your payment, we will issue a confirmation invoice. It is at this stage that a binding contract comes into existence between you and Cubaism Ltd.
(b) The person who confirms the booking will be treated as doing so on behalf of and with the consent of all the persons for whom the booking is made. That person will be responsible to us for full payment of the price (including any cancellation/change charges).
(c) For tailor-made bookings the requested services will only be booked upon receipt of your booking and payment. Your confirmation invoice in this instance will indicate your requested package cost and you will be advised of any service that is still on request at the time the confirmation invoice is issued. It is your responsibility to carefully check the confirmation invoice and to immediately inform Cubaism Ltd or your travel agent of any error.
(d) The balance of your tour cost is payable 10 weeks prior to departure. If the full balance is not received on time Cubaism Ltd will treat the booking as cancelled by you and will levy the cancellation charges set out in clause 7 below. If you book within 10 weeks of departure, full payment will be due with your completed Booking.
(e) Late bookings are those made within 14 days of departure. Once your booking has been made definite over the telephone and we confirmed full holiday details including a Booking Reference Number to you or your travel agent a verbal contract shall be deemed to exist between you and Cubaism Ltd UK and all booking conditions including cancellation charges shall apply. Full payment will be required immediately.
(f) Travel documents will be emailed approximately 10 days before departure.
2. Your Financial Protection
When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong.
We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).
If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
3. Special Requests by You
If you have any special requests we will do our best to ensure that these requests are fulfilled, Acceptance of these requests cannot be guaranteed. We may have to make a charge to meet the costs of providing them. Please note that such requests do not form part of our contractual obligations and we have no liability to you if they are not met.
4. Your Travel Agent
If you book your holiday through a travel agent we will communicate with you through the travel agent. All monies paid by you to an approved travel agent is held at all times by him on our behalf and we are responsible for your booking immediately you have received an ATOL receipt or confirmation invoice.
5. Changes by You
If you wish to make any amendments to your holiday after the confirmation invoice has been issued, you must inform us in writing and we will do our best to implement your request. In the event that we are able to do so, communication charges and other expenses will be payable by you together with an amendment fee of £50.00 per alteration per booking, in addition to any charges passed on by our suppliers (e.g. hotels, airlines). However, if you change your booking less than eight weeks before departure this will be treated as a cancellation and a new booking and you will be liable for the cancellation charges set out in clause 7.
6. Changes by Us
If before you depart we have to make a major change to your holiday arrangements e.g. a change of resort area or hotel of lower standard, airport (but excluding changes between London airports and aircraft type), airline, hotel or date of departure, it will only be because we are forced to do so by circumstances usually beyond our control. In such an unlikely event we will inform you or your travel agent immediately and our objective will be to minimise your inconvenience. We will wherever possible offer you alternative arrangements as close as possible to your original choice. They may be of superior value - at our expense of course - or of similar value. In the unlikely event that they are of inferior value (e.g. if only lower grade hotel is available) we will refund the difference in holiday price and also provide you with a cash refund (see grid below).
You will then have a choice of accepting, taking another available holiday of similar price or cancelling. Should you choose to cancel, compensation will be payable and you will be reimbursed all monies paid to us. In no circumstances can we be held liable for any consequential loss or incidental expenditure incurred as a result of these changes.
|Cash refund per person
|More than 56 days before departure date
|56 - 28 days before departure date
|27 - 14 days before departure date
|13 days or less before departure date
Clearly such refunds do not apply to changes caused by reason of civil strife, riots, war, threat of war, natural disaster, industrial action, technical or maintenance problems affecting transport, terrorist activity, closure of airports or similar events beyond our control, fire and adverse weather conditions, changes due to rescheduling or cancellation of flights by an airline or charter and alteration of the airline or aircraft type (please see details of your insurance cover regarding flight delays).
7. Group Tours
Some of our holidays are based on a minimum number of participants and in the unlikely event that these numbers are not reached we reserve the right to cancel the tour and refund all payments made. Group tours will not be cancelled due to lack of numbers later than 8 weeks before departure. We also reserve the right to alter the arrangements for any group tour if, in our opinion, this becomes necessary. For instance, factors beyond our control might necessitate a change of tour leader, the hotel specified, or the route to be followed.
8. Cancellation by You
You, or any member of your party, may cancel your holiday at any time providing that the cancellation is made in writing, by email, fax or post, in the last case we strongly advise by recorded delivery. As this incurs administrative costs, we will apply cancellation charges as shown below. Also insurance premiums are not refundable.
|Period before departure within which written cancellation is received
||Amount of cancellation charge shown as a percentage of holiday price
|28 - 15 days
|Less than 15 days
Clearly such refunds do not apply to changes caused by reason of civil strife, riots, war, threat of war, natural disaster, industrial action, technical or maintenance problems affecting transport, terrorist activity, closure of airports or similar events beyond our control, fire and adverse weather conditions.
9. Cancellation by Us
We aim not to make any changes or cancellation. In particular, we will cancel your holiday if you fail to make any payment by the due date. If we cancel your holiday for any other reason we will inform you or your travel agent as soon as practicable and you will have the option of choosing an alternative holiday of a comparable standard, if available, or receiving a prompt refund of all monies paid. In addition, unless the cancellation has been caused by force majeure or low bookings (defined in clause 6 above) we will pay you the compensation amounts set out in the table in clause 5. If cancellation is because of low bookings you will be notified at least 28 days before departure. The only circumstance in which a holiday will be cancelled less than 28 days before departure is where it is cancelled by reason of force majeure.
Please note that we are not liable for any consequential financial loss or incidental expenditure resulting from the cancellation of your holiday.
Prices are subject to variation if there is an increase due to government action, a change in exchange rates, or increase in transportation costs or fuel prices. Any increase in the tour price will be notified to you at least eight weeks prior to departure. Cubaism Ltd will in any event absorb such part of the surcharge as is equivalent to 2% of the holiday price. If surcharges exceed 10% of the original holiday price you may exercise the option to cancel your holiday arrangements. If you settle the final balance of the holiday price by the due date we will absorb any price increases after that date. In return for this commitment, we are unable to make any refund or reduce any other costs should the value of the pound increase against the currencies used.
11. Your Responsibilities to Us
Passports and Visas:
All Passport, visa, travel insurance and health certificate requirements are your responsibility and requirements can change. Please note that Cuba requires that your passport is valid six months beyond the day of return to the UK. If you fail to do so, you will be responsible for any cost, loss, or damage which you or Cubaism Ltd incurs as a result of your failure to comply. Visit www.fco.gov.uk
for further information; however please note that we cannot be held responsible for the accuracy of information on this website.
12. Our Responsibilities to You
We accept responsibility for any death, bodily injury or illness caused to you as a result of the proven negligent acts and / or omissions of our employees, agents and our suppliers and sub-contractors and their servants and / or agents while acting in the scope of, or in the course of their employment in connection with the provision of services provided as part of your holiday. Except as provided in paragraphs (a) to (c) below, we accept responsibility for any damage caused to you as a result of any failure to perform or improper performance of the services we have agreed to provide to you. We will not be responsible to you where such failure or improper performance is not due to our fault or that of our suppliers because:
(a) Such failure is attributable to you or any member of your party.
(b) Such failure is attributable to a third party unconnected with the provision of the services to be provided to you and is unforeseeable or unavoidable.
(c) Such failure is due to unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised, or to an event which we or our suppliers or agents, even with all due care, could not foresee or forestall.
13. Conditions of Carriage
Land, sea and air carriers have their own conditions of carriage with which you must comply. These conditions of carriage may include limitations or exclusions of liability. A copy of relevant conditions of carriage will be supplied on request. Our liability for such claims will not exceed the limit of the relevant international convention.
14. If you have a Complaint
If you have a problem during your holiday, please inform your photographer-guide immediately who will endeavour to put things right. If you complaint is not resolved locally, please obtain a written report from the supplier of the services in question (or our Representative if applicable) and follow this up within 28 days of your return home by writing to us giving your booking reference and all other relevant information. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you. If you fail to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were in the resort and this may affect your rights under this contract.
15. Excursions / Representatives and Agents
(a) Excursions only form part of your holiday arrangements if they are described or purchased before departure.
(b) Our acceptance of liability for the acts of our representatives or agents in clause 11 above is only binding if our representatives or agents are acting with our authority and / or performing their duties as described in this brochure. This excludes for example any social contact that you may have with them.
16. Legal Jurisdiction
The Laws of England shall apply in all respects and the Courts of England shall have sole jurisdiction.
Important Information about your Hotel Accommodation
Most double rooms have twin beds. We can request a matrimonial bed but this cannot be guaranteed. Where you have booked a triple room or your children are sharing a room with you, floor and drawer space may be cramped. Single rooms are limited in number and in some cases may be inferior in standard and position. The extra charge paid for a single room is for the convenience of having a room to yourself. Please note where accommodation is described as having a sea view, this means that a view of the sea will be available when standing on the balcony or terrace. If your room does not have a balcony or terrace, a view of the sea will be available from the room. Not all accommodation will face the sea directly and, on occasion, trees may partially obscure the view, particularly from rooms on lower floors.
The standard of air-conditioning may vary from hotel to hotel. For example, in older hotels the fan may be noisy and it is also possible that due to government restrictions or the hotels own policy on energy use, the management may be required to turn off the air-conditioning at certain times. In some hotels air-conditioning is only turned on in high season.
No distinction is made between a terrace and a balcony, or a bath and a shower. Linen is not always as large as in the UK and towels can be small. Any charges for cot hire should be paid direct to the hotel. Cots and high chairs do not always conform to British safety standards so we recommend you exercise caution in their use. When you make a special request i.e. type of room, location within the hotel, diet, a particular hotel facility, we will make every possible attempt to arrange, but it cannot be guaranteed.
On the last day of your holiday, you will be asked to check out of your room in the morning, but in many hotels courtesy rooms may be available for a local charge.
Hotels can and do withdraw facilities at certain times as a result of bad weather or the need for maintenance or refurbishment. Some amenities may not be available in low season and this is one reason why prices are cheaper at these times. Where outdoor facilities are advertised by the hotel, they should be available but obviously they are subject to weather conditions. Public holidays may also affect the availability of facilities on occasion. Hotels may make charges for the entrance to, or participation in evening events, discotheques etc. or for facilities such as tennis courts, mini golf, table tennis, fitness centres, saunas etc. Likewise the use of deckchairs, umbrellas, sunbeds and beach equipment has sometimes to be paid for, swimming pools have to be emptied now and again for cleaning and maintenance, and water cuts may even occur. In tropical countries, insects and small animals are in abundance and can be found within hotels. This is not a sign of lack of cleanliness, rather a fact of travel in the tropics.
We cannot guarantee good weather. Please bear in mind that severe weather such as heavy rainfall, or rough seas are to be expected in the tropics at certain times of the year. Hurricanes and tropical storms are unpredictable and should they happen, can cause disruption to hotel facilities as well as the electricity and water supplies.
Should you be travelling with young children, we recommend that you advise us at the time of booking. The safety of your children is of utmost 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.
Swimming pools are usually open all year unless otherwise specified. At times swimming pools may be closed due to maintenance or poor weather. We will endeavour to advise you of any changes prior to your day of arrival. The opening of a pool is, however, entirely at the discretion of the property owner/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.
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.
All persons intending to scuba dive will be required by the Dive Centre in the resort to complete a medical questionnaire. If the operator is, in anyway, unsure of your fitness, you will be required to undergo a medical examination. This may result in a considerable extra cost for which you will be charged locally. You are strongly advised to undergo a full medical examination before booking your holiday as no refunds will be given if you are refused medical clearance to dive.
Building works and noise are almost unavoidable in certain developing resorts. Unfortunately, such developments are not under our control nor do we always receive advance notice of when they will begin. However, where we are aware of any major building works which may reasonably be considered to adversely affect your enjoyment, we will notify you as soon as possible. If necessary and possible we will offer you the opportunity to transfer to an alternative holiday at the advertised price or cancel the holiday without penalty. However, we are under no obligation do so. In some resorts the provision of roads, power and water supplies does not always keep pace with demands of rapid tourist development, so you may experience problems with, for example, plumbing or drainage.
It is possible you may miss a meal due to the time of arrival or departure from your hotel. This fact has been reflected in calculating the cost of your holiday. Bed and breakfast usually consists of buffet breakfast. Half board consists of breakfast and evening meal. Full board consists of breakfast, lunch and evening meal. The standard of meals and service at hotels varies enormously depending on the standard of the hotel and local conditions. In lower grade hotels meals are basic in quality and quantity and service can be slow. The choice and standard of vegetarian meals will be limited.
On arrival you may be issued with an identity card or bracelet to be shown when obtaining meals and drinks. If this is lost a charge may be made by the hotel for a replacement.
Whilst in most instances meals, drinks and many activities and sports are paid for within the price of your holiday; on occasion fine wines, imported spirits and motorised water sports may be excluded.
All hotels reserve the right to refuse to service alcohol to guests who, in their judgement, are intoxicated and likely to cause offence to other guests.
Restrictions to the opening times of food and beverage outlets may apply.
Clients should not infer that all inclusive hotels are always of superior standard and that the hotel is available exclusively on all inclusive plan.
Plastic cups, cutlery and sunloungers are a feature of many all inclusive hotels.