INTRODUCTION

This contractual document will govern the General Contracting Conditions of the service (hereinafter, “Conditions”) through the website www.viajesyrepresentaciones.com, property of Viajes y Representaciones S.L., hereinafter, PROVIDER, whose contact information also appears in the Legal Notice of this Website.

These Conditions may be modified at any time. It is the USER’s responsibility to read them periodically, since those that are in force at the time of making the reservation will be applicable.

The contracts will not be subject to any formality with the exception of the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.

Acceptance of this document means that the USER:

He has read, understands and understands what is stated here.
He is a person with sufficient capacity to hire. He assumes all obligations set forth herein.

These conditions will have an indefinite period of validity and will be applicable to all contracts made through the PROVIDER’s website.

IDENTITY OF THE CONTRACTING PARTIES

On the one hand, the PROVIDER of the service contracted by the USER is VIAJES Y REPRESENTACIONES S.L., with registered office at Calle de Francisco Silvela, 36, 1ro – 7, 28028 Madrid, NIF B85172948 and with customer service / USER telephone number +34 677 32 38 36.

And on the other hand, the USER, registered on the website using a username and password, over which he or she has full responsibility for use and custody, and is responsible for the veracity of the personal data provided to the PROVIDER.

OBJECT OF THE CONTRACT

The purpose of this contract is to regulate the contractual relationship born between the PROVIDER and the USER at the time the USER accepts the corresponding box during the online reservation process.

Book to Cuba acts as a tour operator

RECRUITMENT PROCEDURE

The USER, in order to access the service offered by the PROVIDER, must be of legal age and register through the website by creating a user account. Therefore, the USER must freely and voluntarily provide the personal data that will be required, which will be processed in accordance with the provisions of Regulation (EU) 2016/679, of April 27, 2016, relating to the protection of natural persons with regard to the processing of personal data and the free circulation of these data and Organic Law 3/2018, of December 5, relating to the protection of personal data and detailed in the Legal Notice and in the Privacy Policy of this website.

The USER will select a username and password, committing to make diligent use of them and not to make them available to third parties, as well as to notify the PROVIDER of the loss or theft of these or possible access by an unauthorized third party. so that it proceeds to immediate blocking.

Once the user account has been created, you are informed that in accordance with the requirements of article 27 of Law 34/2002, on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:

General contracting clauses.
Service activation.
Cancellations.
Claims.
Force Majeure.
Competence.
Generalities of the service.
Rates.
Payment method.
Reservation process.
Guarantee.
Applicable law and jurisdiction.

1.      GENERAL CONTRACTING CLAUSES

Unless specifically stipulated in writing, making a reservation will imply acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER if it has not been expressly accepted in advance and in writing by the PROVIDER.

2.      SERVICE ACTIVATION

The PROVIDER will not activate any service until it has verified that the payment has been made.

The reservation does not entail the physical delivery of any product, the contracted service being activated directly from the Website, the PROVIDER will inform the USER in advance regarding the procedure that must be followed to make the reservation.

It is the client’s responsibility to provide all the documentation required by the website in a truthful and exact manner. We are not responsible for errors in the information provided by the USER through the website.

The provision of the service will be considered carried out at the moment in which the USER has activated the service by accepting the general contracting conditions.

3.      CANCELLATIONS

In case of cancellations, you need to contact us immediately. Charges will be established based on the cancellation date received by www.booktocuba.com and will apply to all services you have booked. Book to cuba reserves the right to resell canceled capacities.

If we receive your written notification to cancel before 30 days of departure, your deposit will be refunded in full using the same payment method used by the client. However, after 30 days the following cancellation charges will apply. Some travel arrangements cannot be canceled once reservations have been made and any modification request will be treated as a cancellation.

14 to 8 days before the reservation is made: 25% of the total amount.
7 to 3 days before the reservation is made: 50% of the total amount.
2 days before the reservation is made: 100% of the total amount.
Car rental cancellation policy:

14 to 8 days before the reservation is made: 1 day penalty.
7 to 4 days before the reservation is made: 3-day penalty.
3 days before the reservation is made: 100% of the total amount.
If you return the vehicle before the agreed date, the rental company will not refund any amount.

Refunds
All refunds will be made 15 days after the original reservation date using the same payment method used by the customer.

4. CLAIMS
Book to cuba collaborates with independent companies and is not responsible for any act or omission on their behalf. Book to cuba will not be responsible for any loss, damage or injury, whether physical or mental, or to property, resulting from any delay, substitution or deficiency in the quality of the equipment or service, or any act, omission, negligence or commission from any party that supplies any of the services offered. We reserve the right to refuse any reservation. No representative of any company is authorized to change or cancel the contract once a reservation is made.

Any claim that the USER considers appropriate will be attended to as soon as possible, and can be made at the following contact addresses:

Viajes y Representaciones, S.L.

Postcard: Calle de Francisco Silvela, 36, 1ro – 7, 28028 Madrid

Telephone: +34 677 32 38 36

Mail: sales@booktocuba.com

Online Dispute Resolution

In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online conflicts between the USER and the PROVIDER, without the need to resort to the courts of law, through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, and may finally suggest and/or impose a solution to the conflict.

Link to the ODR platform: http://ec.europa.eu/consumers/odr/

5. FORCE MAJEURE
The parties will not incur liability for any failure due to a major cause. Book to cuba is not responsible for any claim, loss, damage, cost, expense, delay or loss of enjoyment, of any nature or type, to the traveler and/or travel companions or group members, as a result of events beyond of Book to cuba or the control of a supplier, including, but not limited to, acts of God, strikes, lockouts or other labor disputes or interruptions, wars, blockades, pandemics, riots, earthquakes, weather conditions, floods or acts or restrictions imposed by government authorities.

6. COMPETITION
The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the reservation made.

If any stipulation of these conditions is considered null or impossible to comply with, the validity, legality and compliance of the rest will not be affected in any way, nor will they be modified in any way.

The USER declares to have read, know and accept these Conditions in their entirety.

7. GENERALITIES OF THE SERVICE
No modification, alteration or agreement contrary to the Commercial Proposal of Viajes y Representaciones, S.L., or what is stipulated herein, will have effect, unless expressly agreed in writing signed by the PROVIDER, in this case, these particular agreements will prevail.

It is the traveler’s responsibility to obtain, at his or her own expense, all documentation required by the relevant authorities.

Customs, airline, and immigration officials may deny a traveler entry or exit from their country for any circumstance. Book to cuba is not responsible. It is the traveler’s responsibility to obtain relevant travel information, including, but not limited to, schedules, airlines and hotels.

We recommend that all passengers purchase travel insurance at the time of booking as Book to Cuba is not responsible for health problems, unforeseen events that travelers may incur, or damaged or lost luggage.

Car models and categories:

The car category has been classified according to the normal standard of the destination and may be different from the standard in other countries.

Hotel check-in and check-out times:

Check-in at all published hotels is from 4:00 p.m., unless otherwise indicated. Departure time is at 12:00 p.m.

Description and representation:

All information and images contained in our brochure have been checked for accuracy. However, since these are descriptive only, Book to cuba cannot be held responsible for any unforeseen changes or loss of enjoyment. All photographs of hotels, cars and sites are published as illustrations only. Car models within a category may vary depending on availability.

Unused services:

Book to cuba is not responsible for any unused portion of your trip or tourist services.

Failure to redeem tour components as per pre-arranged times may result in forfeiture of that tour component and no amount will be refunded. We are not responsible for any activities or optional tours sold locally if Book to Cuba has not been the provider of such services.

Special requests:

Book to Cuba will guarantee the car category, but not the car models, which are subject to availability.

Pickups and returns:

The car must be returned at the same time it was picked up; Otherwise, fines may be applied for each hour of delay. There are also supplements for leaving the car at a rental point other than the one where it was picked up.

Traveler Responsibilities:

The traveler agrees to adhere to the rules and laws of the country he visits. If the traveler behaves in a manner that is threatening to the supplier and/or other passengers, the supplier has the right to refuse service or expel the traveler from the hotel. In this case, the traveler is responsible for all costs and no refund will be issued.

8. RATES
Book to cuba reserves the right to change published prices without prior notice or to transfer government-imposed taxes, fees or surcharges related to transportation, including, but not limited to, those related to fuel price fluctuations and monetary surcharges. for travelers. In case Book to cuba reduces prices, the revised rates are valid for new reservations only. Previously reduced rates may increase without notice and will be valid for new reservations only.

Any payment made to the PROVIDER entails the issuance of an invoice in the name of the registered USER or the company name that the USER has informed at the time of making the reservation. This invoice will be sent in PDF format to the email address provided by the USER.

All applicable promotions must be reserved or requested at the time of booking.

Any changes requested by the customer may be subject to a cancellation penalty. All changes are subject to the rates of the new dates or car classes booked based on the original booking date. If a reservation is changed more than once, Book to cuba reserves the right to increase administration fees.

For any information about the reservation, the USER may contact the PROVIDER’s customer service telephone number +34 910 26 66 90 or via email to the address ventas@booktocuba.com.

9. PAYMENT METHOD
The PROVIDER allows the following ways to make the reservation payment:

Bank credit or debit card
The website uses generally accepted industry information security techniques, such as firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorized access to data. To achieve these purposes, the USER accepts that the provider obtains data for the corresponding authentication of access controls.

10. RESERVATION PROCESS
The service from our catalog can be added to the basket (quote simulation). In this, only the reservations and the total amount will be observed. Once the basket is saved, the charges and taxes to be paid can be calculated, if applicable.

The basket has no administrative link, it is only a section where you can simulate a reservation without any commitment on both parties.

From the basket you can finalize the reservation by following the following steps for its correct formalization:

1. Checking billing information. 
2. Checking reservation details.
3. Checking the booking rate, charges, taxes and total.
4. Selection of payment method.
5. Making the reservation.

Once the payment is processed, the system instantly sends an email to the PROVIDER’S management department and another to the USER’s email confirming the completion of the payment.

11. GUARANTEES
The PROVIDER is obliged to deliver to the USER the service that is in accordance with the contract, responding to him for any lack of conformity that exists at the time of the reservation, taking into account the exceptions contemplated by Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, regarding distance contracts for financial services.

Any refund will be made 30 days after the cancellation request.

12. APPLICABLE LAW AND JURISDICTION
These conditions will be governed or interpreted in accordance with Spanish legislation in that which is not expressly established. The PROVIDER and the USER agree to submit to the courts and tribunals of the USER’s domicile any controversy that may arise from the provision of the service that is the subject of these Conditions.

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