GENERAL BUSINESS - u. TRAVEL CONDITIONS 

1. conclusion of the travel contract  

1.1 with the registration of a concret booking, that can be performed in writing, orally or by telephone, the customer tells to CUBA-DIVING & ACTIVE TRAVEL & DIVING LTD., as a registered travel company in Cuba, with Marketing & Booking Office in Germany, subsequently ATD named, the conclusion of a travel contract binding at. Several travel participants are announced, is liable so the declaring also for their contractual obligations beside these participants, provided he/it handed over a corresponding separate obligation explanation. 

1.2 the travel contract come about with the assumption through the travel organizer. 

2. price and payment  

2.1 with close of escrow, a down payment is to be achieved in height of at least 25 percent of the travel price. For groups it has to be 40 percent of the travel price and for Jardines de la Reina has to be 50%percent as a deposit.

2.2 with the down payment, possible prize amounts are for additionally completed resignation costs and to achieve other insurances completely. 

2.3 the final payment has to be  7 weeks before travel beginning  on the account of ATD. For trips with a least attendance, the final payment becomes due only if ATD is entitled no more the trip to cancel with. 

3. Service/Prices  

3.1 the scope of the contractually to produce travel performances result from the statements against the travel confirmation on sale from ATD and from the hereupon concerning-taking statements in principle. Alterations and additional agreements, that involve the scope of the contractual performances, need the written confirmation through ATD. 

4. accomplishment and price alterations  

4 .1 alterations or deviations of individual travel performances of the arranged content of the travel contract that becomes necessary after close of escrow and that not from the travel organizer against loyal and beliefs are brought about that the alterations or deviations generally only are not considerable allowed is and the completed program of the booked trip doesn't impair. The for this on sale named least attendance is not succeeded for an essential travel performance in ATD being able to up to the 14. Meet the travel performance before contractually arranged travel beginning alters or the trip cancels. ATD will inform the customer about such alterations instantaneously. 

4.2  ATD justifiable, that written out and, to alter with the booking of confirmed prices in the case of the increase of the transportation costs or the depositing for certain performances, as harbour or airport dues or an alteration of the exchange rates current for the relevant trip, in the scope, as has an effect their increase on the travel price for itself per person, provided more than four months are between closes of escrow and the arranged travel date. 

4.3  in the case of an additional alteration of the travel price or an alteration of an essential travel performance, the customer becomes unhesitating, teaches, however, 14 days before travel commencement over it at the latest.  Price increases after this time are no more allowable. With price increases by more than 10 percent or in the case of a considerable alteration of an essential travel performance, the customer is justifiable to resign from the travel contract without costs or to require the participation at an at least equivalent trip if ATD is capable to offer such a trip for the customer from his/its offer without more price. This right must put forward the tidings after access of the piece of information about the price increase as well as essential alteration of the travel performances opposite ATD instantaneously. 

5. withdrawal, transfers, participant changes  

 5.1 The customer asks for, before travel beginning, that a third starts the trip at his/its place, does a treatment payment become of 150 EURO . 

5.2 for transfers with consideration on travel date, a treatment payment becomes housing, food, destination and departure airport in height 22 days before travel commencement through 0f 50 Euro. from the 21. Meet before travel beginning, the transfer wishes are taken into account only after resignation of the travel contract from simultaneous new booking per form. Step the customer of the travel contract back or he/it doesn't start the trip, so ATD is justifiable to ask resignation costs of appropriate substitute for the hit travel precautions and expenditures.  

5.3 ATD can a higher damage as agrees in the resignation costs, current makes, if ATD produces proof for this. Power the customer current that of ATD a more inferior damage as agrees in the resignation costs, originated, he/it has to prove this. 

In 5.4, the height of the travel price turns Apartments towards the number of persons for itself with the accommodation (double rooms) etc, and resigns one this from the travel contract with declared travel participant, the travel price for the remaining participants calculates again accordingly the reduced number of persons. 

5.5 a travel resignation cost insurance is in the travel price not contained. ATD recommends such an insurance the conclusion urgently the trip at booking.  

5.6 withdrawals and termination through us: 

We can resign from the travel contract in following cases before commencement of the trip or can terminate the travel contract after commencement of the trip: Without observance of a period, if you disturb the transaction of the trip despite an reclamation through us persistently or if you behave contract-unfavourable to such extent, that the immediate annulment of the contract is justified. If we give notice, so we keep the claim to the travel price. Possible additional costs for the return transportation carry you themselves. We must let ourselves credit, however, the value of the spared expenditures as well as those advantages, that we from an otherwise-y application of this don't attain in claim of taken performances, including which us from the key players of reported amounts. 

6. Warranty/Responsibility  

 6.1 Doesn't become produced contract-in accordance with travel performances, so the customer can ask for remedy within appropriate time. ATD can refuse the remedy if she/it necessitates a disproportionate expenditure. ATD can create remedy also in the manner that an at least equivalent compensation reasonable for the customer is produced, provided not consciously the travel lack against loyal and belief was brought about as well as the remedy doesn't represent any inadmissible contract alteration. 

6.2 in the case of the appearance of lacks, the customer is indebted to reprimand the lack opposite the key player instantaneously at first in order to create this opportunity to the immediate remedy. If the key player immediately doesn't create remedy, has to show the customer to the local travel management or agency of CWDT the lack immediately. It is valid same if the reprimand is not possible or reasonable for the customer with the key player. 

 6.3 In case, the customer omits the reprimand of the lack culpable, he/it is insofar with decrease - or contractual compensation claims excluded. 

6.4 a termination of the travel contract through the customer because of a travel lack, that impairs the trip considerable, is only allowable if ATD doesn't achieve any reasonable remedy, after an appropriate period placed for this the customer ATD. It doesn't need a deadline, if the remedy is impossible, by ATD, one refuses or if the immediate termination is justified by a particular interest of the customer. 

7 announcements of demands/prescription 

 7.1 The customer  wants ATD  on decrease, compensation for contractual or delinquent liability, expenditure substitute or repayment of the travel price after termination of the travel contract or after demolition of the trip from other reasons in claim take, so he/it has these claims within one month after enters of the complaint circumstance to announce opposite ATD. Key players travel managements or other local agencies are not authorized to the receipt of claim registrations. The period only is maintained, if the customer's ATD explanation closed before her/its/their course, unless, the customer was prevented from the observance of the period without fault. 

7.2 the prominent claims also can besides in the own name for as well travelling family-members as well as in the name of travel participants from the customer that the customer represented at the travel registration is declared. The registration of claims not to this persons circle counting third is ineffective, without it needing an immediate rejection through ATD, if a proxy is not submitted within the booking time limit. 

7.3 claims of the customers from guarantee and contractual liability is superannuated within six months. The limitation begins with the day, at which the trip should finish according to the contract. If the customer put forward such claims, so the limitation is inhibited until the day, at which the travel organizer rejects the claims in writing. 

7.4 claims from forbidden action are superannuated in one year. 

8. curb of the liability  

8.1 the contractual liability of ATD for damages, that are not body damages, is limited on the triple travel price, as far as a damage of the customer is brought about purposely nor roughly carelessly or ATD is responsible a damage emerging the customer alone because of a key player's fault so far. ATD recommends the customer the conclusion of a travel accident and baggage insurance. 

 8.2 If ATD comes In the position of a contractual air carrier, so the liability resolves itself Guadalajara, as well as the Montreal agreement, after the regulations of the air traffic law as well as the international agreements of Warsaw, the Hague. 

Hereby, the liability of the air carrier is limited by luggage in normally with death or bodily injury as well as for losses and damages. 

8.3. diving course and - programs  

The travel participant explains through his/its registration that there is no misgivings medical wise against a participation in diving courses and programs. During the diving courses and - programs, to do the diving teachers and keepers consequence, is. Offences have the immediate exclusion without claim to repayment to consequence. Participants of diving programs must have the corresponding diving experience at their disposal. Is not re-reported in claim of taken diving performances. 

9. fits - visas - and health regulations  

9.1 the statements about entry and health regulations in the price as well as information part is valid for European subjects at the time of the copy. The customer is taught complementary to the current stand through our distribution partners. 

9.2 for member others finery, the responsible consulate gives information. 

10. Recignation

The resignation costs run performances at resignation per travel participants at estimated trips with accomodations, diving and the whole travel program in Cuba is: 

until 30th day a 25 % percent of the travel price before travel commencement 

from the 29th day until 22th day a 30 percent of the travel price before departure 

from the 21th day until 15th day a 40 percent of the travel price before departure 

from the 14th day until 07th day a 50 percent of the travel price before departure 

from the 06th day until 02th day a 75 percent of the travel price before departure 

from 02th day until the departure day 100 percent of the travel price. 

 

The resignation costs run per travel participants at diving cruises: 

until 60 days a 30 percent of the travel price  before travel commencement 

from the 59th day until 30th day a 50 percent of the travel price before departure 

from the 29th day until 14th day a 75 percent of the travel price before departure 

from the 13th day on a 100 percent of the travel price before departure.  

 

11. Jurisdiction  

Jurisdiction for all litigationess is  Belize-City / La Habana. 

 

12. Touroperator

Registered Travel Touroperator in Cuba:  

ACTIVE TRAVEL & DIVING LTD. HABANA
Agencia de Viajes
Manager: Jorge Zayas
Oficina No.311, 3.Piso Cubatur Representaciones
Hotel Habana Libre TRYP, Calle L y 23
Ciudad La Habana - Havana Cuba
Tel: 00537 833 0655, Fax: 00537 833 0654,  Email: atdhav@enet.cu

 

Seat of Registered Company: Belize City, New Road 120 A, Belize

 

Travel Company and Touroperator Office Europe: 

ACTIVE TRAVEL  & CUBA-DIVING / AT&D

Fahrstr. 7 D-91054 Erlangen / Germany - Phone ++49 9131 9706 771 - Fax: ++49  9131 9706 773

 

Office and Booking Address:

Cuba-Diving

Fahrstr. 7, D-91054 Erlangen / Germany –  Tel. ++49 (0)9131 9706 771 - Fax: ++49 (0)9131 9706 773

Email: cuba-diving@web.de

 

January 2009

Cuba-Diving
Business Rules