General Travel Conditions

Standard information form for package travel contracts
 
General Principles
• The traveller will receive all essential information about the package before concluding the package travel contract.
• The traveller is given an emergency telephone number or details of a contact point where they can get in touch with the organiser or the travel agent.
• The traveller may transfer the package to another person, on reasonable notice and possibly subject to additional costs.
• The price of the package may only be increased if specific costs rise (for instance, fuel prices) and if expressly provided for in the contract, and in any event not later than 20 days before the start of the package. If the price increase exceeds 8 % of the price of the package, the traveller may terminate the contract. If the organiser reserves the right to a price increase, the traveller has a right to a price reduction if there is a decrease in the relevant cost.
• Travellers may terminate the contract without paying any termination fee before the start of the package in the event of exceptional circumstances, for instance if there are serious security problems at the destination which are likely to affect the package.
• The organiser has a duty to provide assistance if the traveller is in difficulty.

Introduction
These travel conditions apply to all offers and contracts comprising package travel which are offered by or on behalf of Cuba Travel Network hereafter referred to as ‘’CTN” and in which CTN acts as organiser.
 
Article 1. Definitions
In these travel conditions the following terms have the following meanings:
1.1. Offer: The offer of a package travel contract that is displayed on CTN's website, including the applicable prices and conditions.
1.2. Client: The traveller who has accepted an offer of package travel from CTN 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 package travel or, if for example the package does not include 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 puts together a package travel arrangement as a trader and offers this directly or via another trader or else the trader who in some other way is regarded as responsible for a package travel arrangement if it acts as a trader/organiser in de package travel contract within the meaning of art. 7:500 subclause h of the Civil Code (hereafter: “CC”).
1.5. Package travel: the combination of at least two different types of travel services for the same journey or holiday, provided that:
• a) these services are combined by one trader, possibly at the request of or in accordance with the choice of the traveller, before one contract comprising all services is concluded; or
• b) these services, regardless of whether separate contracts are concluded with different travel service providers, are:
1°. purchased from one point of sale and are chosen before the traveller agrees to make payment;
2°. offered, purchased or invoiced for a combined price or a total price;
3°. promoted or purchased under the term "package travel" or a similar term;
4°. combined after a contract is concluded whereby the trader allows the traveller to choose from a selection of different types of travel services; or
5°. purchased from a number of different traders via interconnected online booking procedures, whereby the name, the payment details and the email address of the traveller are supplied to another trader or traders and a contract is concluded with the last-named trader or traders within 24 hours of the confirmation of the booking of the first travel service;
unless one type of travel service is combined with one or more different tourism services which:
- do not form a significant part of the value of the combination, are not promoted as an essential feature of the combination, or in some other way do not represent an essential feature of the combination;
- are only chosen or purchased once the performance of a travel service has commenced.
1.6. Package travel contract: contract relating to the entire package travel arrangement or, if the package travel is supplied on the basis of separate contracts, all contracts relating to the travel services which form part of the package.
1.7. Travel service: all services relating to (for example) transport of persons, accommodation which does not form an essential part of the transport of persons and is not intended as housing, hire of cars or other motor vehicles and other tourism services which do not form an essential part of the above travel services.
1.8. Travel service provider: the carrier, provider of accommodation, hirer of motor vehicles, the travel organiser and/or other travel and tourism related service providers.
1.9. Travel price: The price charged by CTN for the package travel, stated per person (unless otherwise described), excluding the booking fee, insurance premiums and contribution to the Calamity fund.
1.10. Traveller: the Client or other person who wishes to conclude a package travel contract or who is entitled to travel on the basis of a package travel contract.
1.11. Booking fee: The amount that CTN charges for its services.
1.12. Workdays/Opening times: Monday to Friday from 09:00 EST 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. Information from CTN
2.1. Prior to concluding the package travel contract CTN provides the legally prescribed standard information and a description of the principal features of the travel services which are included in the package travel contract.
2.2. CTN bears no responsibility for photos, brochures, advertisements, websites and other information carriers insofar as they are created or published by third parties.
2.3. The information that is published by CTN on its website forms part of the contract, unless otherwise stated.
2.4. If transport is included in the package travel contract the departure and arrival times stated in the contract are local times and are subject to amendment. The definitive departure and arrival times are stated in the travel documents. In the case of parts of the transportation which take place by airplane CTN will inform the traveller of the identity of the carrier airline(s) as soon as these are known to CTN.

Article 3. Personal travel documents, driving licence and insurance
3.1. 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.
3.2. Notwithstanding the provisions of the previous clause the traveller remains personally responsible for obtaining additional and/or the most up to date information from the relevant authorities relating to the required personal travel documents (such as passport and visa requirements) and health risks (such as vaccination requirements) for the destinations to be visited. The traveller must also check prior to departure that any information previously obtained has not been revised in the meantime.
3.3. 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.
3.4. 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.
3.5. 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.
3.6. CTN strongly advises the traveller to take out travel insurance or cancellation cost insurance.
 
Article 4. Information from the traveller.
4.1. The traveller will supply full details to CTN about him/herself and any other traveller(s) before concluding the package travel contract. These details will in any case include the physical and mental circumstances of every traveller insofar as these may be of importance for the performance of the contract, and the email address and telephone number where the traveller can be contacted (also during the journey).
4.2. If the traveller fails to fully comply with his/her duty to provide information this may result in CTN or a travel service provider involved in the package travel contract excluding one or more travellers from (further) participation in the journey. In that case all resulting costs will be charged to the traveller by CTN and/or the relevant travel service provider.
 
Article 5. Confirmation, revocation and termination by CTN
5.1. The package travel contract between the traveller and CTN is concluded by acceptance of CTN's offer. Acceptance can take place via internet, in writing or by word of mouth. Besides this the receipt by CTN of a (down)payment from the traveller also counts as proof of acceptance by the traveller. Following acceptance the traveller is bound by the contract.
5.2. In the case of a package travel contract which is concluded over the telephone the traveller is only bound by the package travel contract once the package travel contract is confirmed by CTN to the traveller.
5.3. The traveller has no right of revocation with regard to the booking order.
5.4. The offer from CTN is made without obligation and if necessary it can also be revoked by CTN following acceptance and any confirmation of acceptance. This revocation, with stated reason, must in any case be communicated within 48 hours of the day of acceptance. If CTN's offer is accepted outside opening times the period for revocation commences at the start of the first workday following acceptance. Any recognised public holidays during the revocation period extend the revocation period by 24 hours.
5.5. CTN reserves the right to reject or revoke a package travel contract if the traveller is a minor, 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.
5.6. CTN can cancel the travel contract within the period of time stated in the offer if the number of acceptances is lower than the required minimum number of participants made known prior to booking. CTN will inform the traveller of this no later than:
a)  20 days prior to departure for journeys of more than six (6) days,
b) 7 days prior to departure for journeys of two (2) to six (6) days;
c) 48 hours prior to departure for journeys of less than two (2) days.
5.7. If the traveller is entitled to a refund of payments already made by the traveller to CTN repayment (or set-off) will in any case occur within 14 days after the right to a refund arises.
 
Article 6. Payment
6.1. Payment of the travel price and other amounts owed by the traveller is to take place in the manner and within the time period stated by CTN in the offer. If no payment period is stated in the offer the following amounts and time periods apply:
6.1.1. A down-payment of 30% of the Travel price is payable upon concluding the package travel contract;
6.1.2. The rest of the Travel price must be paid to CTN no later than 6 weeks prior to the Start date.
6.2. 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 fulfill 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.
6.3. 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.
6.4. 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.
6.5. Repayments to the traveller will only be made via the Client.
6.6. The costs of making payment by and to the traveller are to be borne by the traveller.
 
Article 7. Changes by CTN
7.1. CTN is entitled to change the package travel contract in the case of insignificant changes if it has informed the traveller of this in good time. The traveller cannot reject these changes.
7.2. If CTN regards itself as compelled to change a significant aspect of the travel contract prior to its commencement it will inform the traveller immediately. If the proposed change leads to a reduction in quality or a reduction in costs CTN will at the same time make a suitable proposal for a reduction in the travel price. Significant changes shall be understood to mean changes in the most important features of the service
7.3. CTN is entitled to increase the travel price up to 20 days prior to departure if the increase is caused by:
• a) increase in the price of fuel, or;
• b) increase in the price of other energy sources, or;
• c) increase in taxes, or;
• d) increase in charges for travel services included in the package travel contract, which are made by third parties who are not directly involved in the performance of the contract, including tourism taxes, landing fees and departure/arrival tax at (air)ports.
• e) adverse movement in the exchange rates used in calculating the travel price.
The traveller is similarly entitled to a reduction in price, subject to deduction of CTN's administration costs, if the travel costs are reduced for the same reasons.
7.4. The traveller may accept or reject a proposal involving a change to the package travel contract as referred to in clause 2 or clause 3 of this article insofar as the change results in an increase in the travel price of 8% or more. The traveller shall communicate his/her acceptance or rejection of the proposed change to CTN within 24 hours (if the travel commences within 14 days of the proposal to make a change) or within 48 hours (if the travel commences 14 days or longer after the proposal to make a change).If the traveller does not make known his/her decision to CTN within this time period the traveller will be deemed to have accepted the change.
7.5. If the traveller rejects the change the package travel contract will be deemed to have been terminated without the traveller being liable to pay any compensation to CTN.
 
Article 8. Help and support
8.1. CTN will offer help and support to the traveller if he/she gets into difficulties. This also applies in the case of unavoidable and exceptional circumstances whereby the journey does not proceed in accordance with the expectations that the traveller could reasonably have on the basis of the package travel contract. This support includes adequate information about medical services, local authorities, consular support and support with the use of means of communication and finding alternatives. The party that is responsible for the circumstances giving rise to this help and support will bear the costs involved.
8.2. If it is necessary to offer help and support due to the deliberate act or negligence of the traveller, then CTN's costs will be charged to the traveller. The maximum amount of these costs is the actual damage suffered by CTN or the costs of third parties engaged by it.
8.3. If the journey does not unfold in accordance with the expectations that the traveller could reasonably have on the basis of the package travel contract, due to circumstances which are not attributable to CTN or the traveller, then each of them bears their own damage.
8.4. If transport forms part of the package and it is not possible to provide transport for the traveller's return journey on the agreed date due to force majeure then the traveller is entitled to a maximum of three (3) nights' free stay in, where possible, equivalent accommodation. This limit of 3 nights does not apply to minors and those accompanying them, pregnant women, unaccompanied minors and persons in need of specific medical support, provided they have informed CTN of these special circumstances at least 48 hours before the start of the journey. For the purposes of this article force majeure shall be understood to mean unavoidable and exceptional circumstances, and therefore a situation that arises beyond the will of the party invoking it, the consequences of which cannot be prevented in spite of all reasonable precautions.
 
Article 9. Performance of the package travel contract and CTN's liability
9.1. CTN will perform the package travel contract in accordance with the expectations that the traveller may reasonably have on the basis of the contract. If a particular element of the package cannot be performed in accordance with the contract CTN will ensure that the performance of the package in accordance with the package travel contract is restored, provided:
• a) the traveller has informed CTN about this without delay,
• b) it is impossible or would involve such a high level of costs that it cannot reasonably be demanded of CTN.
9.2. If a significant part of the services cannot be performed CTN will provide suitable alternatives of at least an equivalent quality without charging the traveller for any costs. During the time when the package travel contract cannot be performed in accordance with the expectations the traveller may reasonably have on the basis of the package travel contract and/or if the alternatives offered are of a lower quality CTN will offer an appropriate price reduction.
9.3. The traveller is entitled to reject a proposed alternative if it is not comparable with what has been agreed in the package travel contract. If the proposed alternative is of a lower quality the traveller can only reject it if the proposed reduction in price is insufficient.
9.4. In assessing the alternative offered and/or the price reduction offered it is necessary to take into account objective criteria which can be identified in the proposed alternative. These include the following circumstances:
• a) the nature and class (of e.g. the accommodation or hire car;
• b) the location of the accommodation at the place of destination;
• c) the facilities offered by the accommodation.
9.5. In the assessment the following will also be taken into account:
• d) the composition of the travel group;
• e) the characteristics of the traveller(s) known to CTN and confirmed by it, including the personal circumstances reported by the traveller and accepted and established by CTN.
9.6. The traveller is entitled to remedy a shortcoming personally and is entitled to a refund of expenditure necessarily incurred in doing so, if:
• f) the traveller has informed CTN in good time that the journey is not
unfolding in accordance with the expectations that the traveller may reasonably have and CTN has not remedied this shortcoming within a reasonable time period set by the traveller, or if CTN notifies him/her that it cannot or does not wish to remedy the shortcoming, or;
• g) the shortcoming has to be remedied immediately.
9.7. If the shortcoming has significant consequences for the performance of the travel services and CTN has not remedied this shortcoming within a reasonable period of time the traveller can terminate the package travel contract free of cost. Where applicable the traveller is entitled to compensation for damages and/or a reduction in price. This right is without prejudice to the entitlement to repatriation of the traveller free of charge and with equivalent transport, if transport is included in the travel package.
9.8. CTN's liability for damage suffered by the traveller is limited to three times the agreed travel price, unless it is a case of deliberate or negligent conduct on the part of CTN. Furthermore, CTN cannot exclude or limit its liability for damage which comprises personal injury to the traveller.
9.9. CTN is not liable for a failure to perform an obligation if this is attributable to the traveller him/herself, if it results from unavoidable and exceptional circumstances, or is attributable to a third party who is not engaged by CTN for the performance of the travel services.

 
Article 10. Rights of travellers
10.1. Substitution
10.1.1. The traveller can request CTN to replace a traveller with another traveller. The following conditions apply here:
• a) The other traveller satisfies all the conditions applicable to the package travel contract; and
• b) the traveller submits the request to CTN in writing and in good time; in any case at least 7 calendar days prior to departure, so that CTN can carry out all necessary actions and formalities, and;
• c) the conditions of the travel service providers involved in performing the contract do not prevent this substitution.
10.1.2. The costs of making the substitution will be made known to the traveller by CTN.
10.1.3. The traveller and the substitute traveller are jointly and severally liable to CTN for payment of the outstanding part of the travel price, the costs of making the change, surcharges and all other costs resulting from the substitution.
10.2. Travel documents
10.2.1. 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.
10.2.2. CTN supplies the necessary travel documents to the traveller no later than 5 calendar days prior to the Start date via email, unless this cannot reasonably be demanded of CTN.
10.2.3. 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..
10.2.4. If the traveller still has not received any travel documents 5 days prior to the Start date he/she should contact CTN immediately.
 
Article 11. Changes and termination of the travel contract by the traveller
11.1. The traveller can request CTN to change the package travel contract. CTN will inform the traveller of all costs associated with the change. These costs are payable if the traveller goes ahead with his/her requested change and CTN accepts the change. CTN is not bound to accept a request for a change.
11.2. The traveller can terminate the package travel contract prior to the start date. In the event of termination, the traveller is liable to pay compensation to CTN. This compensation amounts to a maximum of the travel price.
11.3. If a journey comprises multiple travel services to which different cancellation provisions apply the provisions of each service provider apply to each specific travel service. In the offer and/or the package travel contract CTN will state whether specific cancellation provisions are applicable to parts of the journey.
11.4. Unless CTN has agreed different terms with the traveller, the percentages set out below (fixed damages) apply. These are based on the time of termination and any cost savings and income that CTN can expect to obtain from re-selling the travel package that the traveller cancels, set against any booking and administration costs:
• a) In the event of cancellation prior to the 42nd calendar day (exclusive) prior to the Start date: the deposit but not more than 35%;
• b) In the event of cancellation from the 42nd calendar day (inclusive) to the 28th calendar day (exclusive) prior to the Start date: 35% of the travel price;
• c) In the event of cancellation from the 28th calendar day (inclusive) to the 21st calendar day (exclusive) prior to the Start date: 40% of the travel price;
• d) In the event of cancellation from the 21st calendar day (inclusive) to the 14th calendar day (exclusive) prior to the Start date: 50% of the travel price;
• e) In the event of cancellation from the 14th calendar day (inclusive) to the 5th calendar day (exclusive) prior to the Start date: 75% of the travel price;
• f) In the event of cancellation from the 5th calendar day(inclusive) to the Start date: 90% of the travel price;
• g) In the event of cancellation on the Start date or later: the full travel price.
11.5. If unavoidable and exceptional circumstances arise at the place of destination or in its immediate surroundings prior to the start date, and these circumstances have significant consequences for the performance of the contract, then the traveller can terminate the package travel contract free of cost, after which CTN will refund or set off with the traveller any monies paid in advance. In this case travellers are not entitled to any compensation.
 
Article 12. Other obligations of the travellers
12.1. 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.
12.2. The traveller is bound to comply with all instructions given by or on behalf of CTN and is liable for damage caused by his/her conduct, to be judged by the criterion of a well behaved traveller.
12.3. If a traveller causes or may cause such a disturbance or nuisance that the proper performance of the package travel contract is hindered or may be prevented as a result, CTN can exclude the traveller from (continuation of) the journey if the traveller cannot reasonably demand that CTN continues to perform the package travel contract on his/her behalf. In this case the resulting costs are to be borne by the traveller.
12.4. The traveller has a duty to prevent and limit any damage as far as possible.
12.5. The traveller should verify the precise time of departure for the return journey no later than 24 hours prior to the stated time of departure for the return journey. If this departure takes place on a Sunday, Monday or a recognised public holiday in the place where the journey begins then the period applicable is 24 hours plus the above days.
 
Article 13. Complaints and disputes
13.1. Complaints during the journey
13.1.1. CTN will supply information to the traveller in the travel documents provided to the traveller or earlier, with regard to the complaints procedure to be followed on location, the contact details and availability for contact of the service providers, and CTN's local representative.
13.1.2. Notwithstanding the provisions of article 7 the traveller should immediately report any complaints relating to the performance of the package travel contract on location so that a solution can be searched for. In order to do so the traveller should contact - in the following order:
• a) the (local representative of) the relevant service provider;
• b) (the local representative of) CTN.
13.1.3. If the shortcoming is not remedied and it adversely affects the quality of the journey then the traveller should report it as quickly as possible, i.e. without any attributable delay, to CTN in Cuba.
13.1.4. If the traveller does not comply with their duty to report the complaint or fails to follow the complaints procedure, and the service provider or CTN is therefore not given an opportunity to remedy the shortcoming, this may result in the expiry (in whole or in part) of a right to claim compensation.
13.2. After the journey
13.2.1. If a complaint is not satisfactorily resolved during the journey the traveller should submit the complaint to CTN, together with justification, as soon as possible, but in any case no later than one (1) month following the end of the journey (or relevant travel service) or following the original start date if the journey did not take place. All documents and other information relating to the complaint should be included by the traveller at the time of submission of the complaint, so that CTN can handle the complaint efficiently and without delay.
13.2.2. If the traveller does not submit the complaint on time CTN may decide not to act upon it, unless
the traveller cannot reasonably be blamed for the delay.
13.2.3. CTN will send the traveller a substantive response within one month of receipt of the complaint.
 
Article 14. Closing provisions
14.1. The term 'written' in these conditions includes by electronic means.
14.2. Curacao law is applicable to these General Travel conditions and the package travel contract.
14.3. 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.
14.4. All claims on the part of the traveller become time-barred two (2) years following the end of the package travel contract or, if the package travel does not proceed, one year after the original Start date.
14.5. 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.
 
© CTN
Landhuis Joonchi
Kaya Richard J. Beaujon z/n
P.O. Box 837, Willemstad Curacao
Chamber of Commerce No. 93627
E-mail: hola@cubatravelnetwork.com