GENERAL TERMS AND CONDITIONS

TOURCOM GmbH

TOURCOM GmbH also working under the brand names SENSES of CUBA and PORTRAITS of CUBA acts as intermediary between transportation companies, hotels and any other providers or individuals and the clients. The present General Terms and Conditions (GTCs) shall determine – subject to additional supplement agreements – the contractual relationship between TOURCOM GmbH and the client. Any deviating terms of business of client are hereby expressly excluded. Offers from TOURCOM GmbH are mainly addressed to entrepreneurs (=B2B), such as tour operators, travel agencies, independent travel planners and travel designers, incentive- & MICE agencies, corporate companies, cruise ship companies among others. In case that the contract partner is the traveller himself (=B2C), e.g. direct client, the term “client”, mentioned in the GTCs below also apply to the traveller.

Documentation

Each traveller is responsible for carrying a valid passport and possessing any required visa(s) for his journey. The organizer (TOURCOM GmbH) is exempt from any liability should a traveller be deported or refused entry for not meeting entry requirements or passport irregularities. The traveller will be responsible for any of the costs as a result of this, according to our established cancellation policies and voluntary withdrawal from our services. It is incumbent on the client alone to notify his travellers in due time on pertinent passport, visa and healthcare regulations, as well as any amendments thereof.

Self-drive

At the time of rental, the driver must present a valid national driver‘s license that has been held for at least 1 year and he must be at least 21 years old. An International Driving Permit (IDP) is highly recommended for non-European Union renters. Further a photo ID (passport etc.) along with a valid credit card are required.

Vouchers

After receiving payment in full on reservations made by the client (e.g. for hotels, excursions, roundtrips etc.) the vouchers for the booked services will be handed over at the airport or deposed at the hotel or sent before by e-mail. Travellers are required to present these vouchers at hotels or to our tour guides.

Hotels

All hotels on our tours have been carefully selected according to availability. Internet in the hotels has to be paid separately, if not included in the room rate. Most of the hotels offer non-smoking single, double or twin rooms. Triple rooms are not standard. However, upon request an additional (smaller) /separate bed may be provided. Check-in time is usually at 2 pm and Check-out at noon. All hotels selected for the programs are subject to change. If a change becomes necessary for any reason, travelers will be accommodated in hotels that are equivalent in service and price category as those listed.

Transportation

Transportation on our tours is conducted by car, minivan, microbus, minibus or tourbus, depending on the number of passengers. If the number of participants confirmed on a tour is small, TOURCOM GmbH reserves the right to conduct transportation in a passenger vehicle or minivan driven by the guide, in order to comply with our guaranteed departure dates.

Luggage

For their tours within Cuba, each traveller is entitled to bring one medium-sized piece of luggage, with a maximum weight of 30 kg and one piece of hand luggage (up to 12 kg), free of charge. Transportation of excess luggage is subject to space availability and clients must inform about excess luggage (e.g. in case of a business class flight) in advance. If the excess luggage exceeds the capacity of the vehicle and TOURCOM GmbH has not been informed before, the traveller has to pay for extra transportation (e.g. taxi or bigger vehicle). Luggage will be transported at the owner’s risk. TOURCOM GmbH is not responsible for loss, theft or damage to the luggage during the trip. We recommend that travellers remain present at all times when their luggage is being handled. In case of air, river or sea transportation of luggage, the specific conditions of the transportation companies apply as set out in the passenger‘s ticket. In case of loss or damages, we recommend filing an immediate complaint to the company (e.g. airline) responsible for transportation. TOURCOM GmbH will assist in case of lost luggage but cannot pick-up lost luggage in the name of the traveller at the airport. Travellers should wait until the airline has delivered the lost luggage to their hotel or accomodation or they must pick-up the luggage themselves at the airport. Any costs involved (e.g. taxi to and from the airport) have to be paid by the travellers. We would like to remind travellers that they are responsible for their belongings.

Tour guide

Travellers will be accompanied by a tour guide or a driver guide or a driver (depending on the booking) during the entire travel program, except if they have only booked accommodation or a domestic flight or a rental car. We will provide a tour guide / driver guide who speaks the language which has been requested by or agreed with the client and finally been confirmed by TOURCOM GmbH during the booking process. All our guides / driver guides have experience and are specially trained for each travel program. If the clients have booked a self-drive tour with a rental car, travellers will not be accompanied by a guide / driver guide or driver.

Special conditions for children

In general (to be confirmed prior to booking) children younger than 1 year will have a reduction of 90% or more of the total fare and children between the ages of 2 and 11.99 years will receive a 25% discount, if sharing accommodations with their parents or 2 adults. There is only one child permitted in a double or twin room. Any exception must be mutually agreed during the booking process.

Payment

All reserved services require payment in full prior to arrival date, according to the following conditions:

100% payment 30 days prior to arrival

In case of groups, incentive groups, special interest tours, conferences, cruise ships a 10 – 50% payment upon confirmation can apply (in case of air tickets up to 100%) or there can be other payment conditions depending on the provider. TOURCOM GmbH will inform in advance if there are special payment conditions.

TOURCOM GmbH reserves the right to refuse any clients who fail to comply with these conditions.

Payments should be made via bank transfer on our bank account in Germany or via credit card (MASTERCARD or VISA). Fees for bank transfers must be paid by the client.

In the event advance payments or the total respectively remaining amount is not paid by the client within the period agreed upon, TOURCOM GmbH may refuse performance and, after a reasonable grace period granted, withdraw from the contract once the service was not yet performed. In such event, TOURCOM GmbH shall invoice client cancellation costs in accordance with our cancellation policy (see the term “Cancellations” below).

Changes in prices

There are certain cases in which prices already fixed in our TOURCOM GmbH programs may have an increase for special reasons such as for example:

  • Price increase by transport companies (related, for instance, to the increase in the price of fuel)
  • Increase of Government Taxes (for example value added tax or custom duties or increase of airport tax)
  • Fluctuation of currency exchange rates (5% and more)
  • Considerable increase on prices by the service providers (for instance unexpected changes of hotel contracts during a season)
  • Obvious mistakes in our programs

In case that TOURCOM GmbH should increase prices due to any of the above-mentioned reasons (increase of 5% or more), clients will be notified at the latest within 21 days prior to the date of the arrival date. If the price increase is higher than 10% of the initially agreed price, the client has the right to cancel the contract without cost at all (within 5 days of receiving said notice). In such case, all payments already made would be refunded within a period of maximum 30 days. In this case clients do have the possibility to book one of our alternative programs or itineraries. TOURCOM GmbH is very committed to realize the wishes of clients according to our possibilities and will refund all payments already executed.

Amendment of Services

TOURCOM GmbH is entitled to amend contracted services in case of serious reasons, which occur after contracting, and make such amendment inevitable. No amendments or deviations shall be admissible which substantially affect the overall character of the performance respectively the package services – or are unacceptable for the client in consideration of mutual interests, or discriminatory under the principle of good faith. Warranty claims shall remain unaffected as far as such amended services are flawed with defects. TOURCOM GmbH shall inform the client immediately about alterations contemplated in sentence 1 of this term.

Cancellations

Cancellations should be made in written form. The general cancellation costs are as follows:

Upon confirmation to 46 days of arrival: min. 50 EUR per person (max. 150 EUR for the whole booking)

  • Cancellation 45 to 30 days before arrival: 30%
  • Cancellation 29 to 22 days before arrival: 40%
  • Cancellation 21 to 15 days before arrival: 50%
  • Cancellation 14 to 08 days before arrival: 60%
  • Cancellation 07 to 02 days before arrival: 80%
  • Cancellation 24 hours or less before arrival or No Show: 100%

Please note the very strict terms on modifications or cancellation of airlines and their fares, could ascend to 100%. The client would be charged the cost fixed by the airline – including our amendment fee – which would be added to the invoice. Airlines can also set high penalties for modifications on the flight booking or for cancellations. If travellers do not make use of their flight (No Show), the flight will not be refunded.

In case of groups, incentive groups, special interest tours, conferences, cruise ships & air tickets special payment and cancellation conditions may apply by the providers (e.g. hotels) which can be stricter than our regular cancellation conditions. In this case the client will be notified during the booking process.

We strongly recommend to buy a travel insurance, which protects the traveller(s) in case of a cancellation.

Name change of traveller (costs per person)

  • Up to 15 days before arrival: no costs*
  • From 14 days before arrival: EUR 50*

*In case providers (such as hotels, airlines etc) charge more, additional fees may apply. In some cases providers do not allow name changes and a new booking has to be made. Clients will be informed during booking process.

Number of participants

TOURCOM GmbH reserves the right to cancel a tour if the minimum number of travellers required for a specific travel program hasn’t been reached 30 days prior to departure. TOURCOM GmbH will notify the client immediately of the reason for the cancellation. The client will be offered another travel program or a full refund of the amount already paid.

Changes in reservations

Any changes in reservations that have been previously confirmed (arrival or departure date, travel conditions, etc.) that occur longer than 30 days before the planned execution of services are subject to a EUR 50 fine, ore more if TOURCOM GmbH proves having incurred higher expenses. Claims for a change of booking by client made within 30 days before the planned execution of services can be honoured – if at all – only by way of withdrawal and simultaneous new booking. This shall not apply to claims of changes involving minor costs only. If a traveller wishes to alter the trip significantly during the journey, any changes will need to be confirmed and a EUR 70 fine applies, or more if TOURCOM GmbH proves having incurred higher expenses. The traveller will also be responsible for any possible costs charged by service providers as a result of any cancellations or changes. Airlines set their own strict penalties related to amendments, replacements, etc. before and after issuing plane tickets /e-tickets. This type of occasional expenses together with the amendment fee would be added to clients invoice.

Termination Right of TOURCOM GmbH

TOURCOM GmbH may terminate the present contract without notice in the event that travellers seriously disturb the travelling despite a warning by TOURCOM GmbH, or misbehave in such manner which justifies an immediate withdrawal from the contract. In the event of a termination by TOURCOM GmbH, the latter is still entitled to receive the payment of the price, to be set off against saved expenses and such benefits as obtained from a different use of unclaimed services – including any amounts credited by the service providers.

Force Majeure/Act of God

If the service, which is contractually agreed, cannot be delivered because of an Act of God, such as a war, strike, catastrophes, etc. or because of imminent danger, such as the rising or falling of water/sea levels etc., both TOURCOM GmbH and client have the right to withdraw from the contract. TOURCOM GmbH may claim a reasonable compensation of provisions and expenses incurred so far – depending on the respective total price. Client is not entitled to any compensation.

Not included services

Generally not included, if not mentioned differently: Porter service, meals and beverages, insurances, tips, personal expenses, not mentioned entrance fees.

Travel Insurance

Travel insurance is not included in our tours. We recommend purchasing travel insurance in the home country of the traveller prior to the journey such as travel cancellation insurance, travel health insurance, travel accident insurance and baggage insurance.

Discrepancies

TOURCOM GmbH assumes no liability and will not consider any complaints in case of a discrepancy between written and verbally provided information and/or prices. In that case the written information applies, respectively any additional agreements, which were concluded in electronic form explicitly regarding this.

Complaints

In case of non-compliance with any part of our program we request that clients inform their guide or other representative of TOURCOM GmbH, or contact TOURCOM GmbH immediately via the emergency number (mentioned in the travel documents) so that TOURCOM GmbH can find a solution as quickly as possible. It is also necessary to provide a written statement of the non-compliance immediately and still upon the spot. Please allow the company a reasonable amount of time to respond to the client’s complaint. If this doesn’t occur, the burden of proof of any complaint rests with the client. TOURCOM GmbH is committed to responding to all letters or complaints received within 30 days of the end of the travel program. TOURCOM GmbH will not address any complaints received after this time period. TOURCOM GmbH is a mediator between different Cuban providers (e.g. hotels, transport companies, Cuban incoming agencies) and foreign companies, such as tour operators, travel agencies, independent travel planners and travel designers, incentive & MICE agencies, corporate companies, cruise ship companies etc. TOURCOM GmbH accepts any claim in case of complaints only to the amount/extend, which will be accepted by the official provider in Cuba, who executed the services.

Limited Liability

By statute, TOURCOM GmbH shall be liable for damage to life, the body and health resulting from intentional or reckless breach of duties by TOURCOM GmbH, his statutory representatives or vicarious agents. TOURCOM GmbH shall also be liable for damage not covered by sentence 1 but resulting from intentional or reckless breach of duties by TOURCOM GmbH, his statutory representatives or vicarious agents – in line with the pertinent statutory regulations. TOURCOM GmbH is not liable for changes on the itinerary due to delayed flights or strikes, due to Force Majeure / Act of Gods events, Government measures or delays by service providers that are not related to TOURCOM GmbH. Moreover, TOURCOM GmbH is not liable for additional expenses that may occur from delayed flights. In the case that travelers miss their scheduled flight, the travel agent would not be liable. TOURCOM GmbH is willing to assist coordinating the services in order to find a new flight. Liability for material damages and resulting pecuniary losses is limited to 1.500.000,00 EUR per occurrence, but not exceeding 3.000.000,00 EUR in total per insurance year (according to the liability insurance effected by TOURCOM GmbH: from every 08.05. of a year to 08.05. of the following year), even in case of a breach of a material contractual obligation. The above limitations of liability shall apply accordingly in favor of the bodies corporate, statutory representatives and other vicarious agents of TOURCOM GmbH. In other respects, liability is excluded – unless mandatory by statute.

Client keeps TOURCOM GmbH indemnified against any claim, which third parties may assert against TOURCOM GmbH and which is based on circumstances, that are situated in the sphere of the client.

TOURCOM GmbH is a mediator between different Cuban providers (e.g. hotels, transport companies, Cuban incoming agencies) and foreign companies, such as tour operators, travel agencies, independent travel planners and travel designers, incentive & MICE agencies, corporate companies, cruise ship companies etc. TOURCOM GmbH accepts any claim in case of a liability case only to the amount/extend, which will be accepted by the official provider in Cuba, who executed the services.

Sundry Provisions

Subject to other individual agreements, the entire covenant between TOURCOM GmbH and client shall be governed by German law. Exclusive jurisdiction for all claims resulting from or related to this contract is agreed upon to be the domicile of TOURCOM GmbH. Any invalidity of individual provisions hereof shall not result in the invalidity of the contract as a whole.

TOURCOM GmbH

Hindenburgstrasse 5, 77746 Schutterwald, Deutschland
Main office in Cuba:
Edificio Bacardi, Calle Monserrate 261
La Habana Vieja, Habana, CUBA
Tel. +53 (0) 7 866 47 34, Fax +53 (0) 7 866 47 35
info@tourcomcuba.com, info@sensesofcuba.com
www.tourcomcuba.com, www.sensesofcuba.com
Commercial register: Freiburg, HRB 710323
Tax ID number: DE 226496258