General terms and conditions

Scope

These general terms and conditions apply to all services provided by MiCuba. They also apply to all activities arising from this and / or related to it. Deviation from these general terms and conditions is only possible if this has been agreed upon in writing.

Terms of payment

Payment is made in advance. Once the booking has been received, we will issue you an invoice and request a deposit of 15% within two weeks. The balance owed (85%) must be transferred to us no later than six weeks before the departure date. If you book the trip within six weeks before departure, the total balance must be paid at once and as soon as possible.

In the event of failure to pay on time, MiCuba is entitled to increase the outstanding invoice amount by 15% collection costs, without prejudice to the right to compensation. If the traveller does not, or does not fully, meet the conditions of this article, MiCuba is entitled to dissolve the agreement, without refund of money already paid. In this case, the participant is obliged to reimburse costs already incurred by MiCuba regarding the round trip of the traveller. 

Amendments

Changes before departure:

A) The dates for the travel programme are fixed and changes are only possible with the permission of MiCuba. Changes before departure may incur additional costs for the traveller. If necessary, MiCuba reserves the right to change the trip before departure.

B) Changes regarding accommodation, excursions or added services are possible up to 7 days before the planned departure, if available. The following applies: 

- If the traveller wishes to change the trip and this involves additional costs, these will be added to the outstanding payment. If the payment has already been done, the additional costs must be paid immediately by the traveller in a manner to be specified by MiCuba.

- If the traveller wishes to change the trip and the travel sum is less than the original travel sum, the regular cancellation policy will be applied for the difference.

If MiCuba breaks the contract before the start of the trip due to a circumstance that cannot be attributed to the traveller or to MiCuba, the trip will be rebooked to a new preliminary travel date within a year after than the original departure date. If traveller does not wish to rebook the trip, the regular cancellation policy applies.

Changes during the trip:

- During the trip changes can only be made by the traveller if availability allows, and any additional costs must be paid locally. The traveller will not be reimbursed for additional costs that stem from changes made, or for services cancelled, by the traveller during the trip.

- MiCuba is not responsible for any additional costs due to a premature termination of the trip. The traveller is obliged to take out the necessary insurance.

- Political developments may lead in the future to a new currency policy in which the CUC (the tourist rate) and the peso (the local rate) are adjusted by the government. If necessary, we reserve the right to make these changes, up or down, even after booking. Unfortunately, it cannot be predicted whether it will become more expensive or cheaper and how much. We will of course do everything we can to prevent price changes as much as possible and to always inform you in time.

Cancellation by MiCuba before departure:

1. The traveller is entitled to a refund if:  The travel organiser cancels the trip because the minimum number of travellers, provided for in the contract and necessary for the execution of the trip, has not been reached and the traveller was notified in writing, within the period provided in the contract and at least 15 calendar days before the departure date;

2. The traveller is not entitled to a refund if: The cancellation is the result of force majeure, which refers to extraordinary and unforeseeable circumstances that could not have been avoided despite all reasonable precautions. MiCuba does not a assume liability if it fails to fulfil any obligation as a result of force majeure.

Amendments travel sum

The travel sum agreed in the invoice cannot be revised, unless this has been expressively agreed upon in writing by the parties, and insofar as the revision is the result of a change in:

 

A) the exchange rates applied to the trip and / or;
B) transport costs, including fuel costs and / or;
C) the levies and taxes due for certain services.

Cancellations

Cancellations must always be made in writing. If a travel contract is cancelled, the following cancellation costs apply:

- Up to 56 days before departure 15% of the travel sum
- From 56 to 43 days before departure 30% of the travel sum
- From 42 to 29 days before departure 50% of the travel sum
- From 28 to 15 days before departure 75% of the travel sum
- From 14 to 8 days before departure 90% of the travel sum
- Within 7 days before departure 100% of the travel sum

Cancellation date

The cancellation date is the (working) day on which MiCuba receives the notification, provided that the notification is made before 18:00. Otherwise, the next working day applies.

Obligations for the traveller

Valid passport: The traveller will ensure that a valid passport is available on time, with a validity period of at least six months after the planned return.

Tourist visa: The traveller will ensure that, if necessary, they travel with a valid tourist visa, which must be presented upon check-in in the country of departure.

Travel insurance

Taking out travel insurance with world coverage is mandatory. Check in time whether your insurance company is also recognised in Cuba. At Cuban customs you must present an English copy of your travel insurance that states that you are insured for medical expenses.

Provision of information

At the time of registration, the traveller has an obligation to report to MiCuba any element that could in any way compromise the smooth running of the trip (medical background, eating habits, allergies, nationality, etc). If certain such elements occur after booking, the traveller has an obligation to report them immediately. All costs associated with the consequences of non-compliance with this obligation will be borne by the traveller, without prejudice to the participant’s obligation to compensate damage suffered by MiCuba. In this case MiCuba is not liable for any damage whatsoever suffered by the traveller.

Liability

MiCuba is liable for the proper performance of the contract, in accordance with the expectations that the traveller may reasonably have under the terms of the travel organisation contract, and for the obligations arising from the contract, regardless of whether these obligations can be performed by themselves or by other service providers and this without prejudice to the right of the travel organiser to address these other service providers. MiCuba is just as liable for the acts of negligence of its appointees and representatives, acting in the performance of their duties, as it is for its own acts and omissions.

MiCuba cannot accept any liability for consequences arising from cancellations, flight changes and / or delays of railway, bus, airline or ferry companies.

No liability is accepted for damage for which there is a claim to travel insurance, which is deemed to have been taken out by the traveller. If the insurance does not pay out, while MiCuba is liable for the damage of the traveller, then MiCuba’s liability can never go beyond compensation of at most once the travel sum.

Any claim by a traveller to compensation for loss of holiday pleasure, if MiCuba is liable for this, can never go beyond compensation of at most once the travel sum.

The exclusions of liability included in this article do not apply if damage is the result of intent or gross negligence on the part of MiCuba or its senior employees. MiCuba is never liable for damage resulting from the use of walking descriptions and / or maps made available to the traveller by MiCuba. MiCuba is never liable for damage if it is the result of shortcomings of the traveller themselves.

Liability traveller

The traveller is liable for damage suffered by the tour operator and / or intermediary, their appointee and / or their representatives due to the traveller’s fault, or if the traveller has failed to fulfil their contractual obligations. The error is judged according to the normal behaviour of a traveller. This is understood as, among other things, inflicting damage to the accommodation or in case of unacceptable behaviour towards MiCuba and / or third parties. In the event of errors made towards MiCuba and / or third parties, the agreement has lapsed by operation of law, without refund of money already paid, without prejudice to the participant’s obligation to compensate damage suffered by MiCuba.

The traveller must take care of valid travel documents, such as passport / identity card, visa and vaccination certificated as required by different countries. If you cannot make or complete the trip due to the lack of a document, all resulting consequences are for your own account. The traveller must inform themselves about the equipment and physical condition required for the trip and meet the set criteria. MiCuba is in no way responsible if you have to cancel the trip prematurely due to your physical or mental condition.

Liability third parties

Some excursions, sports activities, tourist events, etc. can be booked locally with companies that are not part of MiCuba. Such activities that are not part of the original travel package are not the responsibility of MiCuba. Complaints regarding these activities must be communicated on the spot to the tour guide. Under no circumstance can MiCuba be held liable for any damage or nuisance caused by the actions of third parties. 

Complaints and disputes

The traveller must communicate any shortcomings in the travel programme as soon as possible to the local travel guidance of MiCuba. Timely notification of a shortcoming will in many cases avoid reduced travel convenience. The travel pleasure of the traveller is central to MiCuba and MiCuba does their utmost to optimise this as much as possible. In the absence of timely notification of complaints, the participant is deemed to have waived any claim for compensation or refund of money already paid.

Disputes

The agreement between participant and MiCuba is subject to Dutch law. Disputes will primarily be settled through mediation. If the client and MiCuba cannot reach a settlement with mediation regarding a dispute, this will be settled at the request of one of the parties by the court in the district where MiCuba is located

 

Copyright

The ownership of the Spanish course material rests with MiCuba. With the exception of personal use by the traveller enrolled in the relevant course, the material may not be reproduced, stored in an automated database or made public in any form or by any means without prior written permission from MiCuba.

Last updated: August 4, 2020