Terms and Conditions
Travel Participation Agreement
Cuba Travel New Orleans, LLC (CTNO) offers a wide variety of services for travel to, from, and within Cuba. This U.S.-Cuba Travel Participation Agreement (the “Agreement”) states the terms and conditions under which CTNO will provide these services to you.
- General Terms and Conditions
The terms and conditions contained in this Agreement govern the relationship between CTNO and you. By booking a trip or requesting services (whether through this website, over the phone, or by email), you agree to be bound by the terms of this Agreement. These terms affect your rights to a refund or to raise any claim, the governing law that applies to your claim, and the forum where you may raise your claim.
- Compliance with U.S. Government Regulations Regarding Travel to Cuba
You, the Participant, acknowledge and agree that all persons traveling to Cuba must have authorization from the Office of Foreign Assets Control of the U.S. Department of the Treasury (OFAC). OFAC requires that you make a certification and provide certain personal information before receiving travel services. To comply with OFAC requirements, CTNO require that you sign a certification stating that (a) you are a U.S. citizen or permanent resident or otherwise subject to U.S. jurisdiction and (b) you qualify for a general license or hold an OFAC specific license.
Once you sign the required Travel Certification, you are considered a Licensed Traveler. As a Licensed Traveler, you must maintain all records relating to your travel to Cuba. These records include a copy of the Travel Certification and copies of tickets, invoices, receipts, and itineraries. You must maintain these records for five (5) years from the date on which you return from Cuba or from the last payment in connection with your trip to Cuba, whichever is later.
You hereby agree to comply with OFAC requirements to make the certification, provide personal information, and maintain records. You also agree to comply with the general or specific license that authorizes you to travel to and from Cuba.
- Package Price
Our program packages include land arrangements and air transportation, unless specified in the package. We reserve the right to increase the package price any time before you remit full payment. We will notify of any increase and obtain your consent to that increase. If you do not consent to the increase, we will refund all paid amounts, except the non-refundable deposit (discussed in Section (4) below).
- Registration and Payments
When you reserve the trip, you (the participant) agree to pay a non-refundable deposit of $600.00 with your reservation. You also agree to pay the balance of the package price at least 60 days before departure. If you have reserved the trip less than 60 days before departure, you must pay the full package price (including the deposit) at the time of booking. CNTO shall have the right to cancel the reservation, if it does not receive full payment by the deadline stated herein.
- Cancellation And Refunds
You must submit all changes and cancellations in writing to CTNO. The date of cancellation shall be the date on which CTNO receives written notice from you. You acknowledge and agree to abide by any restrictions imposed by the airline and/or by any Cuban Supplier (e.g., the hotel). This means that your right to a refund may be limited, if you change or cancel a reservation more than 24 hours after it has been made.
- No refund or adjustment can be made for any portion of the services not used such as voluntary non-usage of hotel accommodations, scheduled meals or any planned activity described in your itinerary.
- If you cancel an air reservation, or if you fail to travel on the flight you booked, you may not be entitled to a refund. Your rights to a refund are set forth in ticket or in the airline’s Contract of Carriage.
- In the case of the other travel arrangements, each Cuban Supplier restricts changes and cancellations in reservations.
- If you make changes to the reservation less than 45 days before you travel, the Cuban Supplier may impose a penalty for making the change. CTNO will advise you of the penalty amount. You hereby agree to pay CTNO the penalty amount immediately after receiving an invoice for the penalty.
- If you cancel a reservation less than 16 days before you travel, the Cuban Suppliers will not refund any amounts paid for the travel arrangements. You hereby acknowledge and agree that CTNO is not responsible for issuing any refund that is not permitted under the Cuban Suppliers’ cancellation policies.
CTNO realizes that some people cancel reservations out of necessity. Cancellations, however, are costly to administer because they involve dedicated staff time and communication costs. Therefore, even if you cancel a reservation more than 60 days before you travel, CTNO shall issue a refund for the cancelled service, less the non-refundable deposit, which CTNO will use to cover its administration costs. This deposit is separate from and in addition to any penalties the carriers or Cuban Suppliers may impose.
If CNTO must cancel the Cuba program for any reason, including due to governmental action beyond CNTO’s control, CNTO shall issue a refund of all amounts paid except the non-refundable deposit. CNTO shall provide notice as soon as possible if any such cancellation shall occur.
CNTO shall issue refunds, in accordance with the above terms, within fourteen (14) days of receiving your written notice of cancellation or of CNTO’s notice of cancellation.
It is very important that you understand the entire cancellation policy. If it is not clear, you should ask for clarification. CTNO cannot make exceptions to this cancellation policy for any reason, including medical emergencies. CTNO strongly recommend that you purchase trip cancellation and travel Insurance. CTNO can assist you with this for an additional fee.
- Passport and Visa
All travelers are required to carry a valid passport and a Cuban entry visa. CTNO will assist you with the Cuban entry visas called “tourist cards”, if you are eligible to apply for such visa. To obtain this entry visa, you must provide CTNO with the proper documentation. Those without a valid U.S.-issued passport will not be eligible to apply for a Cuban entry visa. If you hold a foreign-issued passports, CTNO cannot assist you with the Cuban entry visa application process unless you have a valid U.S. Resident Alien (Green Card) or valid U.S. entry visa. (Please note that if you are a foreign national, you must be present in the United States in order to reserve a program package.) You, as the Participant, are responsible for holding your passport and Cuban entry visa so that you can enter Cuba and to return to the United States.
- Cuban-Born Participants Traveling to Cuba
You hereby acknowledge that (a) the Cuban Government imposes different requirements for Cuban-born persons, and (b) the Cuban Government takes a minimum of 8-12 weeks to process the required entry documentation for such Cuban-born persons. If you were born in Cuba, you must contact CTNO for more information on the requirements. CTNO is not responsible for any delay or denial in the issuance of a Cuban visa, if required.
- Check-In Times/Booking Connections on Scheduled Airline Flights
As part of the program package, CTNO has arranged for you to travel on a flight operated by a scheduled airline to/from Cuba. To comply with all applicable laws and regulations relating to the flight(including security requirements), you must arrive at the airline’s check-in counter at least 3 hours before the flight is scheduled to depart. CTNO shall not be responsible or liable for any travel costs (including any refunds for airfare) if you fail to arrive at check-in within this time and/or if you cannot board the flight as a result. Nor shall CTNO be responsible or liable, if you are delayed at security and cannot be boarded as a result of this delay.
CTNO understands that you may need to travel from another location so that you can continue the trip on the scheduled flight. When making domestic air arrangements, CTNO strongly recommends that you allow at least five hours between the domestic flight and the scheduled flight (in both directions). A flight may be delayed as a result of weather conditions, mechanical problems, gate unavailability, airport congestion, governmental regulations, and other unforeseen events. Any such event is beyond CTNO’s control. A five hour window, as recommended by CTNO, may minimize the risk of missing a connection. Under no circumstances, however, shall CTNO be responsible or liable for any travel costs (including any refunds of airfare), if any event beyond CTNO’s control delays any scheduled flight.
- Hotel/Ground/Other Arrangements in Cuba
Cuban suppliers (such as hotels and tour operators) have their own refund policies. They strictly limit refunds in the event of a change or cancellation. As set forth in Section (5) above, you may not be eligible to receive a refund of any travel costs for the hotel accommodations, ground arrangements, or other travel arrangements) if you make any changes or if you cancel your trip less than 45 days before arriving in Cuba.
At times, Cuban travel suppliers make changes to confirmed reservations without any notice whatsoever. Any such changes are outside CTNO’s control. You hereby agree that CTNO is not responsible or liable for any changes the Cuban suppliers may make with respect to travel arrangements in Cuba, including but not limited to changes in the hotels or type of accommodations, in the ground transportation arrangements, restaurants, or dining times, etc. In addition, you hereby acknowledge that the standards of Cuban hotels are not necessarily the same as the standards in the United States. (A 4-star hotel is Cuba is not the equivalent of a 4-star hotel in the United States.)
- 10. Changes to Registration
Changes to the program, the program activities, or the start date are considered a cancellation and are subject to Cancellation and Refund policy found in Section (5) above. You also may be subject to additional airline, hotel, or other travel supplier penalties. Revisions to air tickets are subject to the airline fare rules, change fees, and cancellation policies. Air prices vary depending on day of travel, city, routing, and airline class of service booked, which is determined by seat availability.
- Changes to Program Itineraries
CTNO strives to operate the program as outlined in the final itinerary. However, circumstances beyond our control may require that CTNO adjust the activities. Even though we will to avoid such changes, we reserve the right to make changes, if needed. If you cancel the trip because of a program change, normal cancellation penalties will apply, as set forth in Section (5) above. CTNO also reserves the right to substitute the hotel, if it is determined that the requested services cannot be provided.
- Handicapped Travelers/Special Assistance
You must report any disabilities at the time a reservation is requested. CTNO will make reasonable attempts to accommodate your special needs, but does not guarantee this. CTNO is not responsible for any denial of service by airline carriers, hotels, transportation agencies, and other independent suppliers. CTNO regrets it cannot provide individual assistance to you for walking, dining, getting on and off motor coaches, and other transportation vehicles or assist with personal needs. If you need such assistance, CTNO recommends that you have a qualified travel companion accompany you on this program.
- Liability Limitations
The responsibility of CTNO to assist you with your travel arrangements is limited. As a licensed travel agency, CTNO offers to book air travel, reserve hotel accommodations, reserve or arrange ground transportation services, and make other arrangements that CTNO purchases from or books through various suppliers, including airlines, hotels, ground transportation companies, and restaurants (collectively “Suppliers”). CTNO does not own or operate any of these Suppliers. The Suppliers are independent contractors and are not CTNO’s agents or employees. As such, CTNO is not responsible for any direct, indirect, consequential, or incidental damages or for losses or expenses of any kind due to an act or omission of any Suppler, including (without limitation) any negligent or willful act or failure to act of, or breach of contract by, any Supplier or other third party. To be clear, CTNO is not responsible or liable for any change or downgrade in accommodations, any change or delay in transportation, any change in meal options or locations, any change or cancellation of any scheduled activity, a delay in the departure or arrival of any flight or cruise, a mechanical involving any flight, a missed flight or connection, or any other act or omission that is beyond CTNO’s control.
In addition, the Cuban Government is solely responsible for determining whether to issue a visa to you and whether to permit you to enter the Republic of Cuba on any particular visa or other authorization. CTNO is not responsible for refunding any costs, fares, charges, or other expenses to you, if the Cuban Government refuses to issue the entry visa or denies your entry into Cuba.
The contractual relationship between CTNO and you shall be governed by and construed in accordance with the laws of the State of Louisiana, without consideration of conflict of laws principles. All disputes arising under this Agreement or with respect to CTNO’s services shall be before any court of competent jurisdiction located in Louisiana. Any action for damages (whether arising from contract, tort, or other legal principles) must be brought within one year from the date of departure or shall be irrevocably waived. The only exception to the immediately preceding sentence shall be for any claim or dispute relating to transportation that is subject to rules set forth in the Contract of Carriage.