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1. Introduction
1.1 Please read these bookings conditions
carefully. By clicking "I accept" you are deemed to
have read and understood the Booking Conditions and
that you have the authority to accept and are accepting
the terms of these conditions on behalf of all the
persons in the party. These conditions also apply
if you are booking over the phone where an agent would
advised you. If booking over the phone you can raise
any discrepancies withing 2 days of booking with the
exception of bookings in which clients depart within
the next 7 days. Please note that name changes are
not permitted.
1.2 In these bookings conditions
any reference to "you" means all persons named on
the booking including any added or substituted at
a later date.
1.3 We are Live Holidays Ltd: an
independent and privately owned Tour Operator. We
are registered as a limited company in England &
Wales under number 04429799. Our registered and trading
address is at Portland House, 104 Church Road, London,
SE19 2UB. We trade under the names of Live Holidays,
LiveHolidays.co.uk, Cuba Direct ® and CubaDirect.co.uk.
2. Your
Financial Protection
2.1 All holidays (including flights) and flights
only in this website are ATOL Protected, since we
hold an Air Travel Organiser's Licence granted by
the Civil Aviation Authority. Our ATOL number is
ATOL 6346 . In the unlikely event of our insolvency,
the CAA will ensure that you are not stranded abroad
and/or will arrange to refund any money you have
paid to us for an advanced booking. For further
information, please visit the
ATOL website at www.atol.org.uk
3. Formation of Contract
3.1 By making a booking on our website,
you are bound to these booking conditions. A binding
contract will come into effect between you and us
when you have received a Confirmation Invoice.
3.2 We cannot accept bookings
from persons under 18 years of age.
3.3 It is your responsibility to
check details on our Confirmation Invoice upon receipt
to ensure they are correct.
4. Price
and Payment
4.1 Price Guarantee: Once you have paid
and received our Confirmation Invoice, your travel
arrangements will not be subject to any surcharge
(with the exception of Scheduled Flight Tax Increases
and Charter Flight surcharges - please read section
Cancellations or Changes by Us).
We do reserve the right to change our prices at any
time - This does not affect the aforementioned guarantee.
Unless otherwise specified, the prices quoted include
VAT if applicable.
4.2 Payments: You must pay a deposit
which will be specified on the order page per person
or the full holiday price if the booking is made within
10 weeks of departure. If you do not pay in full 10
weeks before departure we reserve the right to cancel
your booking, with the deposit forfeited and cancellation
charges will apply.
4.3 Payments can be made by debit
or credit card, by cheque or bank transfer. Payment
is in UK sterling unless otherwise stated. Credit
card payments may be subject to a surcharge. If so,
this will be specified before payment is made.
4.4 If booking over the internet,
your card will not be debited until
all services have confirmed or we have agreed with
you to do it. Your Card statement will show that monies
were paid to Cuba-Direct or Cuba-Direct.co.uk.
4.5 If your travel documents are
being paid for with a third party credit/debit card
we will require written authorisation to be provided
by the card holder. We would also like to draw your
attention to the purchase of products by credit or
debit cards where payment does not take place in person.
In accordance with mail order regulations, all documents
will be posted to the billing address of the credit/debit
card holder and not the address of the passenger (unless
they are one and the same). We strongly recommend
that all documents be sent to you by Royal Mail Special
Delivery Post or Courier Service to your home, office
or departure airport for an additional fee. Documents
will be mailed by Royal Mail First Class post unless
otherwise agreed; however, we will not accept responsibility
for documents mislaid or lost by the Royal Mail.
5. Cancellations
or Changes by You
5.1.1 Scheduled Flights: In accordance with deadlines
and rules written into the applicable fare, changes
can only be made if conditions permit. Some fares
are non-changeable and some allow changes for a
fee; please ensure you have read and understood
the applicable fare rules. Name changes will be
treated as cancellation. Flight Cancellation will
be charged at 100% (excluding taxes)
5.1.2 Chartered Flights: Changes are not allowed.
Name changes will be treated as cancellation. Flight
Cancellation will be charged at 100% (including
taxes)
5.2 If you cancel after acceptance
of your booking or if at any time (with our agreement
and subject to availability) you change your booking,
the following charges will apply in relation to the
total fees paid excluding any flight cancellation
charge (read above):
| TABLE
OF CHANGES & CANCELLATION |
| Days
before departure |
>
56 |
55
- 42 |
41
- 28 |
27
- 15 |
14
> 0 |
| Cancellation
|
Deposit
|
30% (*) |
50% (*) |
75% (*) |
100%(*) |
| Changes
|
£50 |
£50 |
£50 |
£50 |
£50 |
(*) You will be charged the Deposit or the indicated
percentage of the full payment, whichever is the
greater
5.3 If some, but not all party members
cancel, additional charges may be payable by the remaining
members (e.g. under occupancy)
5.4 Please note that we will require
your cancellation request in written. Until then,
you are liable for the outstanding amount owed to
us.
5.5 Certain travel arrangements cannot
be changed after reservations have been made and any
request for alteration will be treated as a cancellation.
This includes if the requested change cannot be confirmed.
5.6 No Shows will be treated as a
cancellation by you.
6. Visa Requirements
6.1 All passengers must be in possession of a passport,
valid for at least 6 months beyond the planned return
date. In addition, a tourist card is required to
enter Cuba. This advice only applies to British
passport holders. Please note that it is the responsibility
of the client to find out from the embassy, consulate
or other authority of the country, the correct documentation
required for entry/exit.
7. Cancellations or Changes
by Us
7.1 Please note that, until departure, flight prices
may be liable for additional tax increases, fuel,
security and other surcharges levied by the airline
or government which will be added to your invoice.
The payment of such tax, namely the Air Passenger
Duty (APD), is compulsory and does not give the
right to cancel your holiday without incurring in
the standard cancellation charges contained in these
conditions.
7.2 We aim not to make any changes to your holiday
but arrangements are often made many months in advance
with our suppliers over whom we have no direct control
and changes may be necessary. Most changes will
be minor and although we will endeavour to advise
you of any minor changes before your holiday, we
have no obligation to do so and will not pay any
compensation. We will endeavour to advise you of
a major change before departure, a major change
is defined as a significant change of resort, a
change of accommodation to that of a lower official
category, a change of your time of departure or
return by more than 2 hours or a change of departure
airport. In the event of our advising you of a major
change before your departure we will provide you
with the three following options:
a)- Accept the alternative arrangements which we
may offer OR
b)- Purchase another holiday from us, which if more
expensive you will have to pay the difference, but
if cheaper we will refund the difference OR
c)- Cancel the holiday and receive a total refund
of all monies paid to us.
7.3 We reserve the right to cancel a booking where
the number of people who have booked a particular
holiday is less than the minimum required to make
it viable.
8. Insurance
8.1 You must effect appropriate insurance
against cancellation, loss of personal belongings,
medical expenses, liability and other risks covered
in normal travel insurance policies. Should you choose
not to take out suitable travel insurance cover, despite
this advice, then you undertake on behalf of yourself
and all members of your party to indemnify both ourselves
and our overseas agents and representatives (where
applicable), for any costs that may arise which would
otherwise have been met had such insurance cover been
taken. Live Holidays Ltd has negotiated a comprehensive
Travel Insurance which will be offered to you and
your party through the booking process and will be
recommended, again, in your Confirmation Invoice.
If you do not wish to get our insurance, you are then
legally required to let us know your Policy No. and
who you are insured with.
9. Liability
9.1.1 Nothing in this contract in any
way excludes or restricts our liability for our
negligence causing death or personal injury or for
fraudulent misrepresentation or for anything which
may not legally be restricted. Nor does it affect
consumers' statutory rights.
9.1.2 This section 9 applies for
the benefit of us and our representative in Cuba.
9.1.3 Liability in contract, tort
(including negligence) or otherwise in connection
with this agreement for any one event or series
of related events is limited to 100% of the fee
payable by you for this booking.
9.2 In no event may you bring any
claim or proceeding more than 3 months after the end
of your holiday.
9.3 In no event (including negligence)
will there be any liability for:
9.3.1 special, indirect or consequential
losses; or
9.3.2 any matters outside our reasonable
control including without limit: interruptions in
the supply of basic services such as running water,
electricity, gas, etc, actions or omissions of Cuban
authorities or loss or breach of security in respect
of your data held by third party internet payment
providers.
9.4 We are not liable for actions
or omissions of operators.
10. Information,
Arrival and Departure
10.1 While we make every reasonable effort
to ensure that the hotel/resort or property descriptions
are accurate, no responsibility is accepted for errors
contained therein or the results thereof. You must
accept that reasonable differences between the photographs,
illustrations and/or text used and the actual hotel/resort
or property may arise and that reasonable modifications
may have been made to the hotel/resort or property
since descriptions were posted.
10.2 The categorisation of properties
or hotels/resorts reflects only our opinion and is
based on the standard and quality of furniture, fittings,
facilities and service available to the best of our
knowledge. The categorisation system does not necessarily
correspond to any other travel industry rating system
although it would normally be the same as the official
rating given by the hotels/resorts.
10.3 You must pay for travel to and
from the hotel/resort or property unless otherwise
arranged and offered by us.
10.4 The check-in and check-out times
will be shown displayed in Vouchers and Confirmation
Invoice.
11. Number
of Occupants and Transfers
11.1 The number of persons permitted to occupy
the hotel/resort or property is limited to the number
of persons specified when booking.
11.2 Transfer times are given as a guide and will
be subject to change dependant on road and weather
conditions and the number of stops made en route.
12. Weather
12.1 The weather chart featured is given only as
a general guide. We cannot guarantee good weather.
Please bear in mind that severe weather such as
heavy rainfall, or rough seas are to be expected
in the tropics at certain times of the year. Hurricanes
and tropical storms are unpredictable and should
they happen, can cause disruption to hotel facilities
as well as the electricity and water supplies.
13. Child Safety,
Swimming Pools and Pregnancy Note
13.1 Children safety is of utmost importance
to us. However, we must stress that it is your responsibility
to take care of your children and their safety at
all times during your stay.
13.2 Swimming pools are usually open all year.
At times swimming pools may be closed due to maintenance
or poor weather. We will endeavour to advise you of
any changes prior to departure. The opening of a pool
is, however, entirely at the discretion of hotel manager
and will be subject to the demand and/or weather conditions.
All pools are either fresh water or sea water and are
chemically treated.
13.3 Airline regulations state that women
with 28 weeks or more into pregnancy, at the time
of return travel, must have medical certification
of fitness to travel. Normally after 32 weeks into
pregnancy permission to travel is refused.
14. Diving
14.1 All those intending to scuba dive will
be required by the Dive Centre in the resort to complete
a medical questionnaire. If the operator is in anyway
unsure of your fitness, you will be required to undergo
a medical examination. This may result in an extra
cost for which you will be charged locally. You are
strongly advised to undergo a full medical examination
before booking your holiday as no refunds will be
given if you are refused medical clearance to dive.
15. Complaints
15.1 All complaints must, first of all,
be reported to the relevant hotel/resort representative,
and to our agent (if applicable). If a well-founded
complaint cannot be solved satisfactorily on the spot,
you must immediately inform our local rep who will
do his/her utmost best to resolve the issue and will
also keep us informed (see last page of your Confirmation
Invoice for contact details). If you want to complain
on your return, you must write to us in English either
by
post or by
e-mail within 7 days of returning home. If you
do not comply with the above we have no liability
in relation to your complaint.
16. English Law and Jurisdiction
16.1 This agreement is governed by English law and
is subject to the exclusive jurisdiction of the courts
of England & Wales.
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