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Booking Conditions

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 advise you. If booking over the phone you can raise any discrepancies within 2 days of booking with the exception of bookings in which clients depart within the next 7 days. Please note that name changes are strictly 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 Booking Confirmation.

3.2 We cannot accept bookings from people under 18 years of age.

3.3 It is your responsibility to check details on our Booking Confirmation upon receipt to ensure they are correct.

4.  Price and Payment

4.1 Price Guarantee: Once you have paid and received our Booking Confirmation, your travel arrangements will not be subject to any surcharge (with the exception of Flight Tax Increases and 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 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, credit card, 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 so. Your card/bank 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 card holder and not the address of the passenger (unless they are one and the same). We strongly recommend paying for all documents to be sent to you by Royal Mail Special Delivery Post. Documents will be mailed by Royal Mail First Class post by default for which the client will bear all 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; this information can be found in Flight Remarks. 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. Please note that Flight cancellations/changes will be subject to 5.1.2 and that the table below is based on the day the written cancellation is received:

 
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: e-mail, fax or letter. Until then, you are liable for your holiday arrangement as booked.

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 and may invalidate the remaining holiday arrangements.

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 including 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 Booking Confirmation. If you do not wish to get our insurance, you are then 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 in writing.

10.4 The check-in and check-out times will be shown in Vouchers and Booking Confirmation.

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 paramount 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 (see Hotel Remarks) 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 and Communications

15.1 All complaints must, first of all, be reported to the relevant hotel/resort manager. 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 Booking Confirmation for local 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.

15.2 Mobile calls are very expensive in Cuba. Please refrain from using your mobile to contact us since we will not refund any telephone call charges. Telephone calls in the UK and abroad may be recorded for quality and training purposes.

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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Live Holidays Ltd is an independent Tour Operator registered in England under No. 04429799. All our flights and packages including flights are protected under our ATOL licence 6346.
Copyright Live Holidays Ltd - updated Tue Oct 27 12:48:15 2009