Terms and Conditions
Terms Conditions and General Information
The following terms and conditions represent the total agreement between “You,” “Your,” “Guest” “Traveler” or “Person” and Fernandina Design, LLC the parent company of Bespoke Cuba Travel (“Fernandina Design, LLC” “The Company,” “BCT,” or “US”).
Disclaimer And Limitation of Liability
All content presented on the http://Bespokecubatravel.com website is provided for informational purposes only. The Company may modify tour itinerary, prices, dates, hotels, departures, destinations, and availability of the foregoing at any time with advance notice to You.
THE SITE AND ALL CONTENT IS PROVIDED “AS IS,” “AS AVAILABLE” AND WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY WARRANTY WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE SITE OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE SITE OR THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. FURTHERMORE, THE COMPANY MAKES NO WARRANTY THAT ANY DEFECTS, WHETHER KNOWN OR UNKNOWN, WILL BE CORRECTED, OR THAT THE WEB SITE WILL BE VIRUS-FREE. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY.
UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE UNDER ANY SECTION OF THESE TERMS OF USE OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, PROFITS, DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL) WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. THE COMPANY SHALL NOT BE LIABLE FOR ANY MONETARY AMOUNT TO YOU AS A RESULT OF OR ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE. THE TERMS OF THIS SECTION WILL SURVIVE ANY TERMINATION OF THESE TERMS OF USE AND YOUR USE OF THE SITE OR THE SERVICES PROVIDED THEREBY.
Indemnification
The Content contained on this Site may include links to other sites. The other sites may not be under the control of the Company and The Company is not responsible for the information or content contained on any web site not owned by the Company. The Company has included the links as a convenience to You. The Company does not endorse, sponsor or approve any other site, or product or service offered by any other site, for which it has provided a link. You agree to indemnify, defend and hold US and our partners, attorneys, staff and affiliates harmless from any liability, loss, claim and expense including attorneys’ fees, related to your violation of these Terms and Conditions or use of this Site.
Copyright Infringement
The Company respects the intellectual property of others. If You believe that your work has been copied and is accessible on the http://BespokeCubaTravel.com website in a way that constitutes copyright infringement, please provide written notice to our registered copyright division your written notice must meet the requirements of the Digital Millennium Copyright Act of 1998 (“DMCA”), 17 U.S.C. §512.
By Mail:
Laz Pujol
Fernandina Design, LLC
556 West Flagler Street, #1405
Miami, Fl 33130-1484
Privacy Policy
In order to process your booking, the Company needs to collect certain personal details from You. These details will usually include the names and addresses of party members, credit card information, copies of your passport, special requirements such as those relating to any disability or medical condition that may affect the travel arrangements. We take full responsibility for ensuring that proper security measures are in place to protect your information. We delete all of this information upon the conclusion of your journey.
We must pass some information on to the relevant suppliers and third parties of your travel arrangements (airlines, hotels, transport companies etc.). Such suppliers may be outside continental USA. The information may also be provided to security public authorities such as customs/immigration if required by them, or as required by law. Except where expressly permitted by the Data Protection Act, the Company will only deal with the personal details You give to the Company as set out above unless You agree otherwise.
WE TAKE GREAT CARE OF AND DO NOT SELL YOUR INFORMATION TO ANYONE.
Notices
Except as explicitly stated otherwise, (i) any notices to the Company shall be made by postal mail to Fernandina Design, LLC, 556 West Flagler #1405 Miami, Fl 3130-1484, and by email at BespokeCubaTravel@gmail.com and (ii) any notices to You shall be made by sending an email to the email address You provided US when communicating with US or by postal mail to the postal address You provided. In the case of e-mail, notice shall be deemed given 24 hours after email is sent. In the case of postal mail, notice shall be deemed given 5 days after the date of mailing.
Miscellaneous
These Terms and Conditions represent the entire agreement between You and Fernandina Design, LLC and supersede any prior statements or representations.
Statement of Responsibilities
In all matters relating to travel, accommodation and other associated services, the Company acts as a tour planner for You and cannot be held liable for any person, firm or corporation who provides such services.
The Company accepts no responsibility or liability for death, injury, sickness or accident to any person or loss of or any damage to any property or otherwise, or any cancellation, delay, detention, irregularity, deviation, substitution arising out of or in connection with any accommodation, transportation, conveyance or any other services provided by hotels, restaurants, airlines, coach companies or any other services. The Company is under no obligation or liability to any person as a result of any inaccuracy, misdescription or changes to any Tour or itinerary or for the losses or additional expenses due to delays, strikes, war, quarantine, acts of God, improper documents, or any other cause. Neither the Company, nor its agents or employees shall be or become liable or responsible for any additional expense or liability sustained or incurred by any tour member as a result of any of the foregoing causes.
Relationship With Other Parties
Unless otherwise indicated, the Company is not an agent or representative of any third party. the Company’s use of a trademark, service mark, trade name, logo, slogan, or symbol, or other designation in connection with a product or service of another entity, and should not be construed as an indication of the Company’s sponsorship of, affiliation or connection with such other entity.
Bookings
A deposit indicates acceptance of all the conditions herein by the purchaser.
All bookings are subject to our booking conditions below. The person who makes the booking must confirm acceptance of the Company’s booking conditions on behalf of all persons named on the booking.
Benefits included as part of your Private Designer Expedition quote
Cuba tourist entry Visa
Standard and or deluxe Accommodations
Daily breakfast, lunch and dinner with no menu limitations; see food policy below.
All beverages including soft drinks, coffee, juices, bottled water, beer and wine at lunch and unlimited alcohol at night; see Guest Alcohol Policy below.
All park fees, concert tickets, museum entrance fees, activities and equipment rental.
Guidance of the Company Journey Leader (tour guide)
Professional specialty guides, historians, instructors and lecturers
Complimentary Internet access (where available)
USB with a fully chronicled tour history confirming your trip, “directly benefited the Cuban people” (US Treasury Dept requires You keep this information for 5 years)
20% carbon offset of your Journey benefiting The Nature Conservatory
All Taxes and Gratuities (we have a “no tipping” policy)
However, You and the Company may agree to a different tour that may include fewer or more benefits.
NOT included in your Private Designer Expedition
Roundtrip airfare from your departure city and Cuba, baggage fees, airport lounge fees. Fees related to obtaining, renewing or officiating your passport and vaccinations. Fees relating to travel insurance. Personal purchases and international telephone calls. Any other items not specifically noted as included.
Pricing
Quoted program prices are per person single or double occupancy. For the travel dates of ____________ and ____________
Prices and tariffs quoted for Tours are subject to change in the event of unforeseen situations and circumstances beyond our control. The Company is under no obligation to give a breakdown of costs related to any journey.
Children
Children under 12 years of age receive a 50% discount. Toddlers pay for the cost of their flight, Cuba Travel Visa, plus $250. Toddlers must be accompanied by a stroller with adequate sun protection; see Traveling with Children Policy below.
Your Tour Price
Your Tour Price is ______ per person plus airfare of _______. The total due the Company is _________.
Paying for your Private Designer Expedition
We do not require You to pay for your entire Expedition up front. For your convenience we divide the total into two payments.
Your deposit, twenty five percent (25%) or any other amount you and your booking agent agree to, of your tour price along with full cost of your airfare (if you purchase air through us) are due at the time of booking. your total deposit amount is USD
$ . Within 14 days of receipt of your deposit You will receive from the US a packet containing a final draft of your Private Designer Expedition itinerary, a round trip plane ticket from your preferred departure city to Cuba (if you purchase air through US), and your Cuba Travel Visa. Also included will be an invoice representing the remaining balance due. The invoice shall be paid in Euros to your Journey Leader once You arrive in Cuba. The currency difference is due to the Cuban government’s policy of adding a 10% surcharge for the conversion of US dollars into its local currency (CUC). Alternatively, You can pay your balance of ______ in US Dollars plus the 10% surcharge of ______ for a total final payment of _______.
Fernandina Design reserves the right to pass on any charges plus a $50 fee related to returned cheques and credit card charge backs. Monies paid to an agent acting on behalf of the Company are held by the third part agent or provider on behalf of the Company.
Insurance Coverage
The Cuban government requires visitors to obtain an ESICUBA health insurance provided and administered by Cuba’s Asistur. This provides visitors with excellent medical attention if they need medical care while in Cuba. And eliminates the hassle of paying for your medical costs up front, then having to file a claim with your health care provider upon your return home. The ESICUBA health insurance is not at an additional cost to You. It is included in your final tour price (it is covered by your airline ticket). The policy is valid for 30 days. In the event You extend your stay beyond 30 days You must purchase an extension from Asistur.
ECIBA however, does not cover emergency evacuation or provide any other additional coverage for your journey. We therefore require guests to purchase an additional level of travel insurance that provides VIP Ambulatory Air Repatriation, provisions for “Cancel For Any Reason,” “Trip Cancellation” and “trip interruption.” The Company is not responsible for any costs related to your failure to obtain this additional level of coverage.
Cancellation Policy
Your travel insurance policy will likely reimburse You if You cancel your trip. In the event your policy does not reimburse you any monies, we will reimburse You the following: Cancel within 60 – 90 days prior to the departure date of your tour and we will reimburse You the balance after payments for lodging, travel visa, airfare (if booked through us) and a $500 fee; if your cancellation takes place between 30 – 59 days before your departure date we will reimburse you the balance after payments for lodging, travel visa airfare (if booked through us) and a $750 fee; if your cancellation takes place within 30 days before your departure date we will reimburse you the balance after payments for lodging, travel visa, airfare (if booked through us) and a $950 fee;
Refunds
A refund will not be issued to those failing to join their tour, for inconvenience, delay, unused sightseeing trips, meals, accommodations or any other services not utilized, or any item listed under “Limits On The Company’s Responsibility” below. Your Travel Insurance may cover any such claims.
Itinerary Changes
Every reasonable effort will be made to operate programs as planned however alterations may still occur after final itineraries are sent. We reserve the right to vary the itinerary, accommodation, staff or services marketed in the Tour descriptions should circumstances warrant that such changes would be in the best interest, safety of the guest or for any other operational reason.
Changes by the Guest
Whilst every reasonable effort will be made to accommodate a change of departure date, they may require additional charges levied by our third-party agents & suppliers (airlines, hotels, travel agents, etc.). Requests for upgrades, smoking rooms and special dietary needs should be advised at time of booking. Please note that while every effort will be made to satisfy your special request, it cannot be guaranteed. We will make all efforts to Changes to the itinerary made by you once your tour begins; however, such changes may incur an additional fee.
Marketing materials
Images featured in our brochures and website are used for illustration purposes only and may differ from the representation provided.
Travel Documents
All travelers require valid passports with at least six months validity remaining and have sufficient blank visa pages for entry and exit stamps. For information on obtaining or renewing a US passport visit http://rb.gy/xdkwje. It is the responsibility of the person who makes the booking to ensure that all members of the party have proof of vaccinations before departure. For a list of Cuba inoculations recommended by the CDC and WHO visit bit.ly/CDC-WHOCuba. All costs incurred in obtaining any of the above must be paid by You. We regret we cannot accept any liability if You are refused entry onto any transport, refused entry to Cuba due to failure on your part to carry correct documentation or for any other reason.
Non U.S, citizens should contact the Cuban Embassy in their respective country for entry requirements pertaining to their journey.
Traveling with Children
If a child is traveling with only one parent or with someone who is not a parent or legal guardian, U.S. Customs and Border Protection (CBP) strongly recommends that the accompanying adult have a note from the non-traveling parent (or, in the case of a child traveling with neither parent, a note signed by both parents) stating “I acknowledge that my wife/husband/etc. is traveling out of the country with my son/daughter/group. He/She/They has/have my/our permission to do so.” CBP suggests that this note be notarized. If there is no second parent with legal custody of the child (i.e., the second parent is deceased, one parent has sole custody, etc.), CPB might request relevant paperwork such as a court decision, birth certificate naming only one parent, death certificate, etc., would be useful as well. This advice applies to U.S. citizens and non-citizens alike.
Health, Age & Fitness
Some active elements have been incorporated into select itineraries. You Must Be In Good Physical And Mental Health to enjoy the trips as intended; guests must be able to walk 1.5 miles with little or no rest. You must notify US at the time of your reservation if You have any medical or physical condition, disability, diet restrictions, allergies or treatment requiring special attention that may reduce your mobility, will affect your ability to enjoy and participate fully in your program or could create a hazard to yourself or to other members of the group.
Cuba’s infrastructure is not kind to those with mobility issues. The roads are cracked, have deep holes in them (deeper than potholes) and the sidewalks are uneven. Cobbled stone streets, dirt and gravel roads and other infrastructure dangerous circumstances abound. The use of wheelchairs, motorized vehicles, crutches and braces can prove even more menacing.
Guest Conduct Policy
All travelers agree to accept the authority and decisions of the Company’s employees, Journey Leader, and agents whilst on tour with the Company. If in the opinion of such person, the health or conduct of a Guest before or after the departure appears likely to endanger the safe, comfortable or happy progress of the tour, the Guest may receive a warning, be subject to exclusion from all or part of the tour, or subject to the Termination Policy; in which case all monies paid will be forfeited.
If, at the reasonable discretion of any of our suppliers (i.e., hotel management, airlines, transport provider, food purveyors, etc.) Your use of any services is terminated You may be subject to exclusion from all or part of the tour, in which case You may receive a warning and or be subject to the Termination Policy. In any case all monies paid will be forfeited.
If your irresponsible behavior causes or likely to cause danger to any Fernandina Design staff member, agents, provider or other third party You may be subject to exclusion from all or part of the tour, in which case all monies paid will be forfeited.
You accept responsibility for any damage or loss caused by You. Full repayment for any such damage or loss (reasonably estimated if not known at the time) must be paid directly at the time to the accommodation owner or manager or other supplier. You will also be responsible for meeting any claims subsequently made against the Company and all costs incurred by US (including our own and the other party’s full legal costs) as a result of your actions. Depending on the extent of the damage and loss caused by You, You may be subject to a single warning or exclusion from all or part of the tour, in which case all monies paid will be forfeited.
If You are evicted from a hotel or any other provider of accommodations, You will be required to leave the accommodation immediately or as prescribed by the authorities and You may be subject to exclusion from all or part of the tour, in which case all monies paid will be forfeited.
If You are subject to arrest your Journey Leader will advise the US Embassy in Cuba and your emergency contact in the U.S. You may be subject to exclusion from all or part of the tour, in which case all monies paid will be forfeited.
Food Policy
You are entitled to order anything from any menu at any time during Breakfast, Lunch and Dinner. We ask that You kindly refrain from sharing or ordering food for individuals Not traveling as part of the group. Gluttony, piggish consumption or food waste are not part of Guest’s unlimited food benefits.
We will do our best to accommodate any and all special diets, restrictions and food preferences. However, You must make this request at the time of booking. Without advanced notification it will likely be impossible to accommodate any food request once in Cuba.
Alcohol Policy
We are proud to be the only Cuba travel company to offer unlimited alcohol to our guests. Guests who consume alcohol must do so in a responsible manner and at their own risk. Excessive consumption of alcohol can impair one’s judgment and affect one’s ability to recognize and avoid irresponsible behavior and possible danger to others or their property.
During lunch unlimited beer and wine are served. Cocktails and “hard” alcohol are available to You during cocktail hour (if included in your tour) and dinner. Luxury spirits such as Johnny Walker Blue and French Champagne are excluded. Each guest may order and consume one alcoholic beverage at a time. Except for cocktail hour, guests must order and consume some food when drinking alcohol; in other words, no liquid lunches or liquid dinners. Your unlimited alcohol benefits do not permit You to order or share alcohol with the Company staff members or individuals not traveling as part of the group.
Any guest may be refused alcohol service, or be “cut off,” if in the opinion of any Fernandina Design, LLC employee or third-party provider that person is consuming alcohol recklessly. Any guest who demonstrates rash behavior when consuming alcohol may receive a warning, lose access to certain areas, activities and facilities, refused alcohol for the remainder of that day or the remainder of the journey, or be subject to our Termination Policy.
Cuban Law
All guests are expected to obey the laws and regulations of the Republic of Cuba. Failure to do so will subject You to the Termination Policy. Laws relating to the wearing of seat belts are not enforced in Cuba and therefore local Cubans rarely wear them. For this reason, local transportation providers may or may not have seatbelts in vehicles or they may be hidden or underneath protective seat covers. It is expected that where seat belts are available guests must use them and remain seated at all times while the vehicle is moving. Guests acknowledge that Cuban roads are in decrepit and dangerous condition and therefore travel at their own risk.
Termination Policy
Without prior notice where appropriate, we maintain the right to terminate the tour of any person that behaves irresponsibly, interferes with the happy progression of the tour, places themselves, another guest, the Company staff member or third-party provider in danger or becomes belligerent. In such an event the Company may choose to warn the guest or cancel any arrangements made on the Guest’s behalf, in which case the concerned Guest will be expelled from the Group immediately. Therefore, the Company will not be liable for any refunds of compensation or reimbursement of any cost or expenses incurred as a result. Further, the Guest will be liable to reimburse the Company, Guests or third parties for any expenses whatsoever that incurred as a result of such behavior.
Flights
Please note that a “direct” flight does not mean non-stop. All departure/arrival times are provided by airlines and are estimates only. They may change due to weather conditions, air traffic control restrictions, operational/maintenance requirements of the aircraft or any other reason not mentioned herein. The Company is not responsible for any departure / arrival time changes given or noted on the Guest’s air ticket. The Company is not liable for any losses suffered if the Guest is delayed or misses any flights. These interruptions or delays will likely be covered by your travel insurance policy in addition to what the provider owes You as noted in your country’s respective Air Travel Passenger Bill of Rights.
Baggage
Baggage and personal effects are at the owner’s risk throughout the travel program, and the Company assumes no liability for lost or damaged baggage, any personal items or monies. Most travel insurances may provide coverage for matters related to such loss or delayed travel.
Photography during Travel By booking a program with Fernandina Design, LLC Guests agree to allow their images be used for promotional purposes (without identifying the guest’s name). Guests who prefer that their images not be used should inform your Journey Leader at the beginning of their tour.
Limits on The Company’s Responsibility
The Company, its employees, shareholders, agents and suppliers do not own or operate any property or entity which provides your goods or service. It purchases transportation (by aircraft, coach, train, vessel or otherwise), accommodations, ground handling, restaurant, and other services from a variety of independent suppliers. As a result, the Company is not liable for any negligent or willful act of any such entity or third person. In addition and without limitation, the Company is not responsible for any financial or physical loss, death, inconvenience, injury, delay or damage to personal property with regards to the provision of any goods or services whether resulting from but not limited to illness, disease, acts of God or force majeure, civil unrest, acts of war, insurrection, revolt, strikes or other labor activities, animals, criminal or terrorist events of any kind, downgrading or overbooking of services, food poisoning, mechanical or other failure of aircraft or other types of transportation or for failure of any transportation provider to arrive or depart on time.
There are many inherent risks when one travels away from home which can lead to injury, illness, or even death. Guests assume all such risks associated with participating in any Fernandina Design tour. If You choose to take part in activities including, but not limited to, animals, Scuba diving, snorkeling, ziplining, high altitude treks, climbing, and any activity which the Company considers to carry risk of loss serious illness, injury or death, then You fully understand and acknowledge that if You choose to participate in any similar type of activity You take complete responsibility for your own health and safety and agree to release the Company and its affiliates, their agents, providers, employees and representatives from any liability whatsoever. Further, You release the Company and agree not to sue or make claim against the Company for property damage, cancellation of any activities for any reason, illness, negligent rescue operations or procedures, personal injury, or death arising from your participation during the tour regardless of whether such property damage, illness, personal injury, or death results from the negligence of the Company, a third party provider and/or from any defect in equipment. Additionally, You agree to indemnify and hold the Company harmless regarding any claim made against The Company by anyone else (a) related to your participation or (b) which would be subject to the above release and covenant not to sue if You had made the claim directly yourself.
Complaints
If a Guest has a complaint about any of the tour arrangements, the Guest must bring it to the attention of the Journey Leader at the time so that they may use their reasonable endeavors to rectify the situation. Should the problem remain unsolved please write to US within 30 days of your return from your travels. Your complaint or claim will be investigated and a full reply sent to You as soon as possible. As our investigations often involve obtaining information from a communist nation with a decrepit infrastructure, it may take several weeks for a response or resolution.
In the unlikely event that we do not reach an amicable resolution regarding your complaint related to these Terms and Conditions, the Limits on the Company’s Responsibility, any Company brochure or information regarding any Fernandina Design, LLC trip, service or package, or to any Company-related trip, activity, service or package, shall be submitted exclusively to and resolved in binding arbitration in Miami, Florida under the CPR International (which can be found at cpradr.org).
Any party or their representative may appear for the arbitration by telephone or video conference. You agree to bear all fees, costs and expenses related to your arbitration case and hold the Company exempt from any responsibility for said costs regardless of the arbitrator’s final decision.
As we act only as a coordinator for Third Party Suppliers, we accept no liability in relation to the arrangements provided by that Third Party Supplier or for the acts or omissions of the Third-Party Supplier concerned. Note: If your contract is with a Third-Party Supplier in Cuba and not the Company it will be nearly impossible to resolve your claim against them. However, we will make a reasonable effort to help You with your complaint.
Entire Agreement
The Contract constitutes the entire agreement between the Company and the Guest.
We are committed to a good faith collaborative process throughout the design and execution of your travel experience. And dedicated to present You with a Cuba As Seen by Few.
Agreed to by _______________________ Fernandina Design, LLC on this ___day of _____, 20__
and
Guest Name ________________________Guest Signature ________________________________