General Booking Conditions
These booking conditions apply to all offers of separate travel services which are made by Cuba Travel Network (hereafter referred to as: “CTN”) and on the basis of which contracts are formed through the intermediary of CTN.
Article 1. Definitions
In these booking conditions the following terms shall have the following meanings:
1.1. Offer: The offer from CTN to act as an intermediary between a Traveller and a Travel service provider in the purchase of a Travel service, including the applicable prices and conditions.
1.2. Client: The traveller who enters into the contract in a personal capacity and/or for or on behalf of one or more other travellers.
1.3. Start date: the departure date of the Travel service or, if for example the travel service does not comprise any organised transport, the arrival date at the accommodation or the date of commencement of the hire of the motor vehicle.
1.4. CTN: Caribbean Travel Network NV, which acts as an intermediary in the formation of contracts relating to travel and provides travel information and advice.
1.5. Travel service: all services which are offered by a Travel service provider and which relate (for example) to transport, accommodation, excursions, hire cars, entry tickets for amusement and theme parks, theatres and events.
1.6. Travel service provider: the carrier, provider of accommodation, the travel organiser and/or other travel and tourism related service providers, with whom the traveller enters into a contract on the basis of the conditions applied by the travel service provider, and who is exclusively responsible for the performance of the travel service.
1.7. Travel price: The amount that the Travel service provider charges for the Travel service, stated per person (unless otherwise described)
1.8. Traveller: The Client and the other travellers for whom the contract is entered into, and who have accepted this.
1.9. Booking fee: The amount that CTN charges for its services.
1.10. Booking order: The contract between CTN and the traveller, whereby CTN undertakes to act as an intermediary in the formation of the contract between the travel service provider and the traveller and to give advice.
1.11. Workdays/Opening times: Monday to Friday from 09:00 CEST to 17:00 EST and on Saturday from 9:00 EST to 13:00 EST, with the exception of public holidays recognised in Cuba.
Article 2. Completion of the Booking order
2.1. Before the Booking order is submitted via internet CTN will advise the traveller that the traveller is entering into a contract. Following confirmation of the Booking by CTN the traveller is bound by this contract.
2.2. A Travel service which is on offer can be withdrawn by CTN, including after acceptance of the offer by the traveller. Withdrawal shall take place as soon as possible and no later than 48 hours following submission of the Booking order by the traveller. This provision is equally applicable to a proposal by CTN to revise the Travel service offered.
2.3. CTN is not bound, even after the expiry of the time period referred to in the above clause, to execute a Booking order if the Travel service offered or the order confirmation is based on an obvious error or mistake. Such errors and/or mistakes are, from the traveller's perspective, instantly recognisable as such, or should be. Besides this CTN can revoke a Booking after the expiry of the period of time referred to in the above clause as a consequence of any limitation which is either directly or indirectly imposed on CTN by any (foreign) government.
2.4. CTN reserves the right to reject or revoke a booking order if the traveller is a minor on the date of formation of the contract, unless the traveller can demonstrate in writing within 24 hours of acceptance of the offer, or of receipt of a request to this end from CTN, that the legal representative of the traveller has consented to them entering into the contract.
2.5. CTN reserves the right to reject or revoke a booking order if the Client is a minor on the date of formation of the contract, unless the Client can demonstrate in writing that the legal representative of the Client has consented to them submitting the Booking order.
2.6. The traveller has no right of revocation with regard to the Booking order.
Article 3. Content of the Booking order
3.1. The Booking order may contain, among other things, the booking of the desired Travel service by the traveller and information and advice about the travel service for the traveller.
3.2. Once CTN has received a Booking order from the Client CTN enters into a contract between the traveller and the Travel service provider making the Offer, at the agreed Travel price. CTN itself is not a party to the final contract.
3.3. The traveller is bound by the Booking order in favour of CTN and the Travel service provider involved, regardless of whether CTN has been able to send a confirmation of the booking order directly to the traveller.
3.4. The order confirmation counts as proof of the existence of the contract and of its contents.
3.5. The traveller is bound in favour of CTN by the obligations arising under the contract, and in favour of the Travel service provider by the obligations arising under the contract for the travel service. The other Travellers are liable for their share of the Booking order.
3.6. Upon submitting the Booking order to CTN the Client shall provide all information that may be of importance for the proper performance of the stipulated Travel services. This also includes
• a) full details of the (fellow)Travellers;
• b) particulars relating to the physical and mental circumstances of all Travellers which may be of importance for the performance of the travel services.
3.7. CTN cannot guarantee the Travel price of the booked Travel services. The Travel price may be revised in accordance with the conditions of the Travel service provider. CTN has no influence on this and bears no responsibility for it. CTN will pass on any changes to the traveller as quickly as possible, as soon as they are made known to CTN.
3.8. All notices relating to the Booking order are sent exclusively to the Client.
3.9. Unless otherwise stated, all times are stated in the local times at the place where the travel service is provided.
Article 4. Changes and cancellation by the traveller
4.1. Changes or cancellation of a Booking order and the contract with the Travel service provider can only take place on Workdays and during Opening times. Travel service providers may have different Workdays and Opening times from those of CTN.
4.2. The Travel service provider will charge the traveller for the costs of changing or cancelling a travel service. These costs are stated in the offer and either on or as an appendix to the booking confirmation/invoice.
4.3. CTN will charge the traveller for administration costs for any changes, in addition to the costs charged by the travel service provider.
Article 5. Personal travel documents, driving licence and insurance
5.1. Either before or at the time of formation of the contract CTN will provide the traveller with general information regarding passports, visas and any health formalities, based on the country where the Client is resident.
5.2. The traveller is personally responsible for obtaining any necessary additional information from the relevant authorities in good time prior to departure, and for checking that any information previously obtained has not been revised in the meantime.
5.3. The traveller is personally responsible for having with them the required personal travel documents, such as a valid passport or, if permitted, an identity card and any required visa, proof of inoculation and vaccination, driving licence and green card.
5.4. If the traveller is unable to (fully) complete the journey due to the absence of any (valid) travel document, the traveller is responsible for this, together with all related consequences.
5.5. Travellers driving a hire car or scooter must be aged at least 21 and must have been in possession of a valid driving licence for the hired vehicle for at least two years. In the case of hire of a camper one driver must be aged at least 25. All drivers must be recorded as drivers on the hire contract. The main driver must be in possession of a valid credit card at the time of collecting the hired vehicle, for the payment of all the costs which are payable at the start of the hire contract.
5.6. CTN strongly advises the traveller to take out travel insurance or cancellation cost insurance.
Article 6. Travel documents
6.1. The travel documents contain important information about the journey.
Every traveller should become thoroughly familiar with all the contents, in particular the obligations relating to reaffirmation, applicable conditions, (statutory) limitations on liability, customs documents and means of payment.
6.2. Following receipt of payment and at least 5 days before departure the Client will be provided with travel documents such as vouchers, tickets or entry tickets.
6.3. If it is not possible for travel documents to be delivered via email they will be sent to the Client cost-free by regular post. An alternative delivery method is possible at the request of the traveller, subject to payment of the associated costs.
6.4. If the traveller still has not received any travel documents 5 days prior to the Start date he/she should contact CTN immediately.
Article 7. Payment
7.1. CTN is entitled to collect the Travel price owed by the traveller on behalf of and on the instructions of the Travel service provider.
7.2. Payment of the amounts owed by the traveller are to take place in the manner and within the time period stipulated by CTN.
7.3. If the traveller fails to pay the amount owed to CTN or fails to pay it in full and in good time then CTN will send the traveller a payment reminder free of cost following expiry of the payment period. The traveller then has 14 days to still fulfil its obligation to make payment. If a payment is once more in arrears the traveller is in default and the Booking order and the contract with the relevant Travel service provider will be deemed to have been cancelled. CTN is entitled to charge the costs associated with cancellation to the Traveller or to set them off against payment(s) already received.
7.4. Repayments to the traveller will only be made via the Client.
7.5. The costs of making payment by and to the traveller are to be borne by the traveller.
Article 8. Interest and collection costs
8.1. If the traveller fails to make payment when it falls due the traveller is liable to pay interest at the statutory rate from the date of default.
8.2. The traveller is also liable to pay out of court costs, following summons. These amount to 15% of the invoiced amount up to € 2,500; 10% of the next € 2,500 and 5% of the next € 5,000, with a minimum of € 40.
Article 9. Liability
9.1. CTN accepts no liability for the actions and/or omissions of the Travel service provider involved, neither for the accuracy of the information supplied by this Travel service provider. CTN bears no responsibility for photos, brochures, advertisements, websites and other information carriers insofar as they are created or published by third parties.
9.2. If CTN is imputably in breach of its duty of care as a good intermediary and the traveller suffers damage as a result (including damage due to loss of travel enjoyment) CTN's liability is limited to the value of the travel service invoiced by CTN.
9.3. Liability for damage that the traveller is insured against (for example on the basis of travel insurance, cancellation cost insurance or health insurance) and for damage suffered by the traveller in the execution of a profession or business, is explicitly excluded by CTN. This also includes damage due to missing a connection and/or not arriving at the destination on time.
9.4. The exclusions and limitations of liability included in this article also apply to the personnel of CTN.
Article 10. Complaints
10.1. The traveller should report any complaints relating to the performance of the travel service under the contract to (the representative of) the Travel service provider without delay and should attempt in the first instance to find a solution with (the representative of) the Travel service provider.
10.2. The traveller must always give the Travel service provider an opportunity to provide a suitable solution for the complaint.
10.3. If the complaint cannot be resolved on location with (the representative of) the Travel service provider the traveller should contact CTN without delay. CTN will then endeavour, to the extent it is reasonably able to do so, to resolve the complaint in a satisfactory manner.
10.4. In the case of a dispute between the Travel service provider and the traveller about the performance of the Travel service CTN will act as a mediator without itself becoming a party to the dispute. CTN is only an intermediary in the formation of the contract and is not a party to the contract between the traveller and the travel service provider which is formed through its mediation.
10.5. If a complaint cannot be satisfactorily resolved on location then the traveller should submit the complaint in writing and with justification to CTN as soon as possible and no later than 7 days following the end of the travel service. CTN will then, to the extent that the complaint relates to the performance of the Travel service, pass it on to the Travel service provider.
10.6. CTN will furnish the traveller with a written and substantive response within 1 month of receipt of the complaint. Insofar as the complaint relates to the Travel service provider, CTN's only duty is to use its best endeavours.
Article 11. Closing provisions
11.1. The term 'written' in these conditions includes by electronic means.
11.2. Curacao law is applicable to these General Booking conditions, all Booking orders and other services provided by CTN.
11.3. The competent member of the Curacao judiciary is exclusively empowered to hear any disputes between the parties, unless another member of the judiciary is empowered by some mandatory rules.
11.4. All rights of the traveller to make any claim expire one year after the end of the booked travel service or, if the travel service did not take place, one year after the original Start date.
11.5. In the event of any difference in meaning between the English language version of these General Booking conditions and any version of these General Booking conditions which is drawn up in another language, the English language conditions will take precedence in interpreting the conditions.
Kaya Richard J. Beaujon z/n
P.O. Box 837, Willemstad Curacao
Chamber of Commerce No. 93627