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1. YOUR CONTRACT

a) These Booking conditions, together with the Destination Advice information and any other document we brought to your attention before we confirmed your booking, form the basis of your contract with us, Captivating Cuba Limited, of Suite G33, Business & Technology Centre, Bessemer Drive, Stevenage, Hertfordshire, SG1 2DX, with registered company number 05521197 ("us", "our").

b) A binding contract between us comes into existence when we dispatch our confirmation invoice to the party leader or your travel agent. We both agree that English law (and no other) will apply to your contract and to any dispute, claim or other matter of any description which arises between us ("claim") except as set out below. We both also agree that any claim must be dealt with by the Courts of England and Wales only unless, in the case of Court proceedings, you live in Scotland or Northern Ireland. In this case, proceedings must either be brought in the Courts of your home country or those of England and Wales. If proceedings are brought in Scotland or Northern Ireland, you may choose to have your contract and any claim governed by the law of Scotland/Northern Ireland as applicable (but if you do not so choose, English law will apply).

c) Please read all the contract documents carefully as they set out our respective rights and obligations. In these Booking Conditions references to "you" and "your" include the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred. By asking us to confirm a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that:

  • he/she/they has read these Booking Conditions and has the authority to and does agree to be bound by them;
  • he/she/they consents to our use of personal data in accordance with our Privacy Policy and is authorised on behalf of all persons named on the booking to disclose their personal details to us, including where applicable, special categories of data (such as information on health conditions or disabilities and dietary requirements).
  • he/she/they is over 18 years of age and resident in the United Kingdom and when placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services;
  • he/she/they accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking.

d) We shall determine that by us or our authorised travel agent receiving the payment of the deposit (or full balance if the booking is made within 70 days of departure) that you have read and are in agreement with the booking conditions, destination advice and all other documents that form part of the contract between us.

2. BOOKING

a) You may make your booking with us directly or through one of our authorised travel agents. Whichever option you choose, your booking will be subject to our booking conditions and destination advice which are sent to you by email at the time of booking. The latest versions of this information will always be available online and a copy of this can also be posted to you on request. By asking us to confirm your booking, we are entitled to assume that the person who makes the booking and all participants in the booking has had the opportunity to read our booking conditions and documents that form part of our contract and has agreed to these on behalf of everyone named on the booking.

b) Following payment of the applicable deposit or full payment (if booking within 70 days of departure). The confirmation invoice will be issued at the end of the booking process which you must print and keep. If your arrangements include a flight arranged by us, you will also receive an ATOL Certificate, which must also be kept safe. You must contact us if you do not receive your confirmation invoice within 72 hours of having placed your booking (in line with the processes set out above).

c) You must check all documents we send to you carefully as soon as you receive them as it may not be possible to make changes later. We cannot accept any liability if we are not notified of any inaccuracy (for which we are responsible) in any document within 14 days of our sending it out (or in the case of travel documents/tickets, 5 days). We will do our best to rectify any mistake notified to us outside these time limits, but you must meet any costs involved in doing so if you have not notified us within the time frame indicated.

d) If we accept your booking on the basis that one or more elements of the arrangements (such as the accommodation) is subject to confirmation by the relevant supplier, we will be entitled to cancel your booking and terminate your contract without any liability to you (other than refunding any payment you have made to us or your travel agent on our behalf in respect of that booking) in the event that the element(s) in question cannot be confirmed.

e) We regret we cannot accept any conditional bookings, i.e., any booking which is specified to be conditional on the fulfilment of a particular request. All such bookings will be treated as "standard" bookings subject to the above provisions on special requests

3. YOUR PAYMENT

a) For flight inclusive bookings any monies paid by you to one of our authorised travel agents are held by the agent on our behalf and for the benefit of the Trustees of the Air Travel Trust at all times, but subject to the agent's obligations to pay it to us for as long as we have not failed. In the event that we fail, any money held or subsequently accepted from the consumer by the agent is and continues to be held by that agent on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to us.

b) If you are booking your holiday through one of our authorised travel agents, the balance must be paid to the agent two weeks (but no sooner) prior to the applicable balance due date as specified on the booking confirmation/invoice and quotation. You must not pay the balance to the travel agent earlier than this even if you are specifically asked to do so.

c) For all non-flight inclusive bookings, often referred to as land only bookings, all monies that are paid by you to one of our authorised travel agents, will be held by the agent on your behalf until we issue a confirmation Invoice, when your agent will then hold the monies on our behalf.

d) In order to confirm your chosen holiday, a non-refundable initial deposit, the amount of which will be specified on our quotation to you, advised over the telephone or advised to your travel agent (or full payment if booking within 70 days of departure) must be paid at the time of booking. In some cases, the amount of deposit may be higher, where, for example, we need to pre-purchase flights tickets, accommodation, or other services and in the case of flight special offers, to which early airline ticketing and payment may apply.

e) The balance of the holiday price is payable not less than 70 days prior to departure date. If the balance has not been paid by 63 days prior to departure, we are entitled to assume that you wish to cancel your booking, therefore the booking will be cancelled, and the cancellation charges set out below will be levied.

f) Full payment will be due immediately for bookings made within 70 days of travel.

4. SPECIAL REQUESTS

We will endeavour to arrange for special requests to be met, but cannot, and do not, guarantee that they will be unless it is for a contracted service where a supplement is paid. The fact that a special request has been noted on any documentation or that it has been passed on to the supplier is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed by us and you have paid the applicable supplement. We do not accept bookings that are conditional upon any special request being met. Adding special requests after booking may incur an administration charge.

5. PRICES AND SURCHARGES

a) We take all appropriate steps to ensure that the prices and other information appearing on our website and uploaded to our reservations system are correct to the best of our knowledge. However, changes may have been made since publication or uploading and errors unfortunately sometimes occur. You will usually be given the correct, up to date price at the time of booking.

b) If, in the event that the price for your holiday as advised by us or any of our agents is incorrect at the time of booking, we reserve the right to correct this after your booking has been confirmed. In this rare situation, you will be given the opportunity to book at the correct price or, if you do not wish to do so, we will cancel the booking and provide you with a full refund of the amount you have paid us but will have no further liability.

c) We also reserve the right to increase the price of confirmed holidays after the booking has been made, solely to allow for increases which are a direct consequence of changes in:

  • the price of the carriage of passengers resulting from the cost of fuel or other power sources; or
  • the level of taxes or fees chargeable for services applicable to the holiday imposed by third parties not directly involved in the performance of your holiday, including tourist taxes, landing taxes or embarkation or disembarkation fees at airports.
  • the exchange rates relevant to the package.
  • We will absorb and you will not be charged for any increase equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges and/or additional services or travel arrangements. You will be charged for the amount over and above that.
  • However, if this means that you have to pay an increase of more than 8% of the total price of your confirmed holiday (excluding any insurance premiums, amendment charges and/or additional services or travel arrangements), you will have the option of:
    • accepting the price increase and paying the requested amount;
    • accepting a change to another holiday if we are able to offer one (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality, you will be refunded the difference in price); or
    • cancelling your confirmed booking and receiving a full refund of all monies paid to us, except for any insurance premiums and any amendment charges and/or additional services or travel arrangements which do not form part of your package. Should you decide to cancel for this reason, you must exercise your right to do so within 7 days from the issue date printed on the surcharge invoice.

d) Should the price of your holiday go down due to the changes mentioned above, then any refund due will be paid to you less an administration fee of £45. However, please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection and contractual obligations in place with suppliers.

e) There will be no surcharge change made to the price of your confirmed holiday within 21 days of your departure nor will refunds be paid during this period. Any surcharges must be paid with the balance of the tour price or within 14 days of the date of issue of the Surcharge Invoice, whichever is later.

6. ALTERATIONS BY YOU AND TRANSFER OF BOOKING

a) An amendment fee of £35 per booking for a minor change (e.g., cancellation of car hire) or £45 per person for a major change (e.g., name change, change of accommodation or change of dates to earlier or later in the season) to cover administration costs will be charged for each amendment requested more than 60 DAYS before departure to a confirmed booking. Amendments involving flights will attract a higher charge from the airline which will be quoted for on request. Holidays can only be transferred to another holiday within the same country within the same year. In certain circumstances we will allow holidays to be transferred to the following year but will require a new deposit in addition to the deposit already paid. Any alteration requested within ten weeks of departure will, where we are able to make the change, be subject to the administration fee that we quote to you at the time the change is made or, if we are unable to make the change, will be treated as a cancellation of the original holiday (attracting cancellation charges) and a new holiday booking. Please refer to our Peace of Mind Promise for 2021/ 22 to view exclusions to the charges that are listed here.

b) If any member of your party is prevented from travelling that person may transfer their place to another person acceptable to us provided that:

  • the transfer is requested in writing at least 7 days prior to departure;
  • the request is accompanied by any tickets or vouchers already received from us, full details of the person who will take over the booking, any balance due for the booking and the appropriate administration fee which will be £45 per name-change, ( however please refer to our Peace of Mind Promise for 2021/22 to view exclusions to the charges that are listed here), plus all charges of whatever nature levied by our suppliers arising out of the transfer. You should be aware that some suppliers, particularly airlines, may charge a 100% cancellation fee and the cost of a new ticket:and
  • the person taking over the booking agrees to be bound by these Booking Conditions. You and the transferee remain jointly and severally liable for payment of all sums. If you are unable to find a replacement, cancellation charges as set out in clause 7 will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.

7. CANCELLATION BY YOU

a) Should you wish to cancel your confirmed holiday, this must be done in writing to us. A written notification must be received by us by recorded or registered mail or by email (if sent by email you should ensure that you do not receive an auto-response stating the email could not be delivered; in addition, if you do not receive a prompt response from us, please call us to ensure we have received your email). No cancellation will be effective until such written notice is received by us. You will be liable to pay the following cancellation charges:

Period before departure Cancellation charge as a % of total invoiced cost*

  • 70 days or more before departure: Deposit only
  • 69-42 days before departure: 40%
  • 41-31 days before departure: 60%
  • 30 days or less before departure: 100%

Important notes related to the Cancellation charges

b) We reserve our right to pass on to you any cancellation charges imposed by our suppliers which are in excess of the cancellation charges set out above. In particular, any flight elements where there is a 100% cancellation fees for the flight. Peak season charges may differ as some suppliers impose stricter cancellation policies in this season. Peak season can mean, but is not limited to Christmas and New Year, Easter and some school holiday periods.

c) Depending on the reason for cancellation, you may be able to reclaim any cancellation charges (less any applicable excess) under your travel insurance policy.

d) Amendment charges are non-refundable.

e) Should one or more members of a party cancel, it may increase the per person holiday price of those still travelling and you will be liable to pay this increase.

f) If the deposit paid is more than the percentage cancellation charge applied within 70 days, then the higher amount will be charged.

g) Where possible, we will deduct the cancellation charge(s) from any monies you have already paid to us. Note: Certain arrangements may not be permitted to be amended after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements.

h) Cancellation by You due to Unavoidable & Extraordinary Circumstances:

You have the right to cancel your confirmed holiday before departure without paying a cancellation charge in the event of unavoidable and extraordinary circumstances occurring at your holiday destination or its immediate vicinity and significantly affecting the performance of the holiday or which significantly affects transport arrangements to the destination. In these circumstances, we shall provide you with a full refund of the monies you have paid but we will not be liable to pay you any additional compensation. Please note that your right to cancel in these circumstances will only apply where the Foreign, Commonwealth and Development Office (FCDO) advises against travel to your destination or its immediate vicinity within 14 days of your scheduled departure. For the purposes of this clause, “unavoidable and extraordinary circumstances” means warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination.

This clause 7 outlines the rights you have if you wish to cancel your booking. Please note that there is no automatic statutory right of cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

8. IF WE CHANGE OR CANCEL YOUR HOLIDAY

a) Even after we have confirmed your booking, we may on occasions have to make alterations to confirmed arrangements. Most such alterations will be minor and of little effect on your overall arrangements and while we will do our best to notify you of any such minor change before your departure, we will have no other liability to you. Occasionally we may have to make a significant change to your confirmed arrangements. A significant change is a change made before departure which, as a tour operator we can reasonably expect to have a major effect on your holiday, bearing in mind the information that you gave us at the time of booking and that travellers in the countries we visit have to be flexible as conditions can change with little or no warning. Significant changes are very uncommon and include but are not limited to the following:

  • Change of UK departure airport. (A change from one London airport to another is not considered a major change. London airports are Heathrow, Gatwick, Stansted, Luton, and London City)
  • Change of your time of departure or return by more than 12 hours
  • Change of accommodation area if this results in materially different facilities, lower official rating and/or anticipated experience, or a change to lower grade accommodation for a substantial part of the holiday. (Substantial means 35% or more of the nights spent in-country.) Please note: A change affecting a stay in a hotel during a tour where the hotel itself is not the focus of the tour, does not constitute a significant change.

If we have to make a significant change, we will notify you as quickly as possible and offer you the following options:

  • accepting the changed arrangements or
  • purchasing an alternative holiday from us, of a similar standard to that originally booked if available. We will offer you at least one alternative holiday of equivalent or higher standard for which you will not be asked to pay any more than the price of the original holiday. If the holiday is cheaper than the original one, we will refund the price difference. If you do not wish to accept the holiday we specifically offer you, you may choose any of our other available holidays. You must pay the applicable price of any such holiday. This will mean you paying more if it is more expensive or receiving a refund if it is cheaper or
  • cancelling or accepting the cancellation in which case you will receive a full refund of all monies you have paid to us.

In addition, if you choose (i) or (ii) above, and the change is not due to 'unavoidable and extraordinary circumstances’ (see below), you will receive as compensation a credit towards the cost of your arrangements, or any alternative selected, of the amount shown in Scale A below. If you choose (iii) we will pay you compensation of the amount shown in Scale B below. In all cases we will have no liability for any other or greater compensation, or for expenses or losses incurred as a result of any change.

Period before departure date notification given by us Compensation per fare paying passenger (excluding children)
14 or less days £35
15 – 28 days £30
29 – 41 days £20
42 – 69 days £10
70 days + £NIL

Please note that compensation payments relating to a child place for which you have paid a child price are half the amounts shown (up to half the child price paid). There are no compensation payments payable to those travelling on “free child places”, “free group places” or infants.

Please note, the above options are not available where any change made is a minor one. A change of flight time of less than 12 hours, airline (except as specified in clause 14 "Flights"), type of aircraft (if advised) or destination airport will all be treated as minor changes.

b) Please bear in mind that Covid-19 and the measures and other action being taken by governments, public authorities, and businesses to manage its effects (including implementation of mandatory social distancing, face masks/coverings, hand sanitization and temperature checks) is likely to have an impact on holiday arrangements for a considerable period of time. We may, for example, be unable to provide certain advertised services or facilities as a result. Such measures/action may be introduced or changed with little or no prior notice. Greater flexibility is therefore likely to be required for the foreseeable future which we would ask you to bear in mind at all times, both before and after departure. Any impact which such measures/action has on your holiday will not constitute a significant alteration to your contracted arrangements and will not entitle you to cancel without payment of the applicable cancellation charges or to receive a full or partial refund in respect of services which are not available as a result.

c) Force Majeure (described in Section 9) and Unavoidable and Extraordinary Circumstances include the Covid-19 pandemic and its impact such as travel restrictions and the measures and other action being taken by governments, public authorities and businesses to control and manage its effects (such as the implementation of social distancing). When we refer to the Covid-19 pandemic in these booking conditions, we mean the pandemic resulting from the illness or disease caused by the novel coronavirus which is now called severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) and any mutations or variants of the same and/or any other coronavirus (and its mutations and variants) which is treated as part of the same pandemic and/or another pandemic however described.

d) If we must cancel your booking, we will not cancel less than 70 days before your departure date, except for unavoidable and extraordinary circumstances, or failure by you to pay the final balance, or because the minimum number required for the package to go ahead hasn't been reached. Unavoidable and extraordinary circumstances mean a situation beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken.

e) If we cancel the holiday after the booking has been confirmed but before departure, you will have the choice of:

  • accepting the cancellation
  • taking another available holiday with us (if it is more expensive you must pay the difference, but if it is cheaper, we will make an appropriate refund); or
  • If we cancel a holiday for any reason other than Force Majeure (please refer to clause 9) or Low Bookings (please refer to clause 8(f) below), we will pay compensation as per the table above. In all cases we will have no liability for any other or greater compensation, or for expenses or losses incurred as a result of any change

f) Low Bookings is where an insufficient number of people have booked the arrangements to make their operation financially viable in the advertised form. We will never cancel a holiday because of Low Bookings less than 30 days before departure.

g) Whilst extremely rare, if we become unable to provide a significant proportion of a holiday after it has commenced, we will, where possible, make suitable alternative arrangements for you at no extra charge to you or, alternatively, arrange for you to be returned to your point of departure and to receive a pro-rata refund for any ground arrangements where suppliers are contractually obliged to refund. In addition, compensation will not be payable, nor can we meet any costs or expenses that you incur as a result.

h) Where it is impossible for you to return to your departure point as per the agreed return date of your package, due to “unavoidable and extraordinary circumstances”, we shall provide you with any necessary accommodation (where possible, of a comparable standard) for a period not exceeding three nights per person. Please note that the threenight cap does not apply to persons with reduced mobility, pregnant women, or unaccompanied minors, nor to persons needing specific medical assistance, provided we have been notified of these particular needs at least 48 hours before the start of your holiday.

9. FORCE MAJEURE - CIRCUMSTANCES BEYOND OUR CONTROL

Except where we say differently elsewhere in these conditions, we cannot pay any compensation, reimburse expenses, or cover losses for any amount or otherwise accept responsibility if, as a result of circumstances beyond our control, we have to change your holiday after booking, or we, or our suppliers, cannot supply your holiday, as we, or they, had agreed, or you suffer any loss or damage of any description. When we refer to circumstances beyond our control, we mean any event that we, or the supplier in question, could not foresee or avoid, even after taking all reasonable care. Such circumstances will usually include, but are not limited to, war, threat of war, airport closures, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, change to Foreign, Commonwealth and Development Office advice to advise against travel to destination, significant building work ongoing outside of your accommodation (such as resort development), fire, technical or maintenance problems with transport, changes of schedules or operational decisions of air carriers, industrial disputes and all similar events outside of our control.

Please see clause 25 for further information about our responsibility in the event that your holiday is affected by Covid-19.

10. OVERBOOKING

In the very rare event of overbooking accommodation of which we are not aware before you depart, you will be offered alternative accommodation on arrival, which accommodation will be of a comparable standard if available. If the location and/or facilities of the alternative accommodation can reasonably be considered inferior to that originally booked, we will compensate you by paying you the difference in price, if any, between the two properties.

11. ACCURATE DESCRIPTIONS

a) We make every effort to ensure that all resorts and accommodation offered in this brochure or website are described as accurately as possible and that all price indications are correct. Changes, however, can occur and we reserve the right to make changes, in which case you will be informed, of any price change and any material descriptive change, at the time of booking or on your subsequent Holiday Confirmation Invoice. You should bear in mind that certain facilities, particularly sports, entertainment, excursions, and restaurants are subject to demand at any given time. It would not, for instance, be reasonable to expect an excursion to run unless there is demand which makes its operation economically viable. If a hotel is equipped with centrally controlled air conditioning, the period and time of functioning of the system is at the discretion of the hotel management.

b) The hotel classifications given on our website, in our brochures, quotations and dossiers and fact sheets are for guidance only. They are not based on any national or international classification system; they are the opinions of our staff or agents and are quite subjective. The photographs that appear in the accommodation section of your quotation are indicative only and may not be of the exact room you have been quoted for.

12. ACCOMMODATION

a) Accommodation which forms part of your booking may only be used by the persons named on the booking form. Subletting is not permitted.

b) You must observe the rules, if any, relating to the accommodation.

c) You must vacate the accommodation in most areas by 12 noon on the day of departure. There may be some exceptions, and these will be advised locally by our representative, agent, or accommodation provider. Check-in is normally available from 4 pm onwards subject to hotel management discretion.

13. CONDUCT, INJURY & DAMAGE

a) You shall behave properly throughout your holiday and in particular must not do or permit to be done anything which might lead to damage to any property, injury to any person, or violation of any contract of insurance.

b) You will use, occupy, and enjoy the accommodation provided as part of your holiday with due care and in a proper manner without allowing the accommodation to become unreasonably soiled. No items, fixtures or fittings shall be removed from the accommodation or left outside at any time.

c) You will be responsible for the cost of repairing or replacing any lost, broken, or damaged items, including lost keys. If you fail to do so, you will be responsible for meeting any claims subsequently made against us (together with our own and the other party,s full legal costs) as a result of your actions.

d) You will treat and speak to our employees, representatives, accommodation and suppliers, staff in a reasonable and civil manner. If you or any member of your party behaves in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to property, we are entitled without prior notice to terminate the holiday. In this case we will have no further responsibility towards such persons including any return travel arrangements. No refunds will be made, and we will not pay any expenses or costs incurred as a result of the termination.

e) If you are participating in a small group trip, it is essential for the wellbeing of all that you follow the instructions of the tour leader / guide on all matters concerning the safety and daily efficient operation of the tour. The same applies if you are travelling with a guide on an independent basis.

f) You must at all times comply with the laws, customs and drug regulations of the countries visited.

14. TRAVEL DELAYS & FLIGHTS

a) Flight times are provided by airlines and are subject to change owing to matters such as air traffic control restrictions, weather conditions and technical problems. Flight timings are therefore estimates only and cannot be guaranteed. As between you and any individual airlines, the airline's standard conditions of carriage will apply. These may limit or exclude liability in accordance with relevant international Conventions. Copies of these Conventions are available from us on request.

b) If you or any member of your party misses your flight or other transport arrangement, it is cancelled or you are subject to a delay of over 3 hours for any reason, you must contact the airline or other transport supplier concerned immediately.

c) If you are travelling to the UK from the EU or EEA (and are travelling on a UK passport), you should allow extra time to complete your check-in, security and customs procedures at the airport. If you are travelling on a UK passport, you may no longer be able to use border queues or e-gates that are designated for EU / EEA travellers and delays may arise as a result. In all circumstances, it remains your responsibility to ensure that you arrive at the airport in sufficient time to clear the necessary security, passport and customs checks before the departure of your transport arrangements.

d) You have rights in some circumstances to refunds and/or compensation from the airline in cases of denied boarding, cancellation, or delay to flights. Full details of these rights will be publicised at airports and will also be available from airlines. If the airline does not comply with these rules you should complain to the Civil Aviation Authority at www.caa.co.uk/passengers. Reimbursement in such cases is the responsibility of the airline and will not automatically entitle you to a refund of your holiday price from us. A delay or cancellation to your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight.

e) We cannot accept liability for any delay which is due to any of the reasons set out in clause 9 of these Booking Conditions (which includes the behaviour of any passenger(s) or for any passenger who, for example, fails to check in or board on time). A delay or cancellation to your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight. However, you may be entitled to claim under the flight delay section of your travel insurance policy and we recommend that you take out travel insurance with appropriate cover.

f) We have no control over how much leg room (seat pitch) airlines allow on their aircraft. No guarantee can be given as to a particular seat configuration on board as aircraft types vary. However, these seat pitches are standard throughout the airline industry and comply with current Civil Aviation Authority guidelines.

15. SUPPLIERS CONDITIONS

Our third-party suppliers have their own booking conditions and conditions of carriage, and you will be bound by these, so far as the relevant supplier is concerned. Our suppliers' conditions will also apply to your contract with us, and in the event of any conflict between the suppliers' conditions and our conditions, the suppliers' conditions will prevail, save to the extent that any term in the suppliers' conditions is deemed to be invalid or unenforceable, in which event our conditions will prevail. Some of our suppliers' conditions may limit or exclude liability on the part of the relevant supplier, and, by virtue of their application to your contract with us, may also limit or exclude our liability to you, and they are often subject to international conventions. You can get copies of the relevant conditions if you ask us.

16. OUR LIABILITY TO YOU

a) Travel in the countries to which we operate inherently involves an element of personal risk due to such factors as geographical location, climate, topography, political and civil situations, crime levels and non-UK standards of facilities and safety precautions. Building construction, fire safety, the condition of roads and road safety measures, vehicle maintenance, driver and tour guide safety training and the operation of activities such as mountain biking, trekking, horse riding and scuba diving are generally of lower standard than in the UK and can be much lower. Medical facilities and emergency services can be extremely limited in some locations. By booking on of our holidays, you acknowledge that except as otherwise expressly set out in these booking conditions, Captivating Cuba, its staff, agents and suppliers cannot be held liable for any loss, damage, injury, expense, delay, claim or inconvenience arising from any hazard or risk inherent in travel to these countries generally, or in the particular activities and locations included in your holiday. A high level of responsibility falls on you to be aware of possible risks as you travel, take account of local conditions, seek advice where appropriate and use cautious common sense.

b) Subject to the above, we will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018 as set out below and as such, we are responsible for the proper provision of all travel services included in your package, as set out in your confirmation invoice. Subject to these Booking Conditions, if we or our suppliers negligently perform or arrange those services, and we don't remedy or resolve your complaint within a reasonable period of time, and this has affected the enjoyment of your package holiday you may be entitled to an appropriate price reduction or compensation or both. You must inform us without undue delay of any failure to perform or improper performance of the travel services included in your holiday, and it is your responsibility to show that reasonable skill and care has not been used. The level of any such price reduction or compensation will be calculated taking into consideration all relevant factors such as but not limited to following the complaints procedure as described in these conditions and the extent to which ours or our employees' or suppliers' negligence affected the overall enjoyment of your holiday.

c) We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:- (a) the act(s) and/or omission(s) of the person(s) affected; (b) the act(s) and/or omission(s) of a third party unconnected with the provision of the travel services included in your holiday package and which were unavoidable and extraordinary; or (c) Force Majeure (as defined in clause 9.)

d) We limit the amount of compensation we may have to pay you if we are found liable under this clause: (i) loss of and/or damage to any luggage or personal possessions and money: The maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are required to have adequate insurance in place to cover any losses of this kind. (ii) Claims not falling under (i) above and which don't involve injury, illness or death: The maximum amount we will have to pay you in respect of these claims is two times the total price of the package holiday (excluding insurance premiums and amendment charges) paid by or on behalf of the person(s) affected in total, unless a lower limitation applies to your claim under (e) below. This maximum amount will only be payable where everything has gone wrong, and you or your party has not received any benefit at all from your booking. (iii) Claims in respect of international travel by air, sea and rail, or any stay in a hotel:

e) The extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which include The Warsaw/Montreal Convention (international travel by air) and The Paris Convention (with respect to hotel arrangements). You can ask for copies of these Conventions from our office. In addition, you agree that the operating carrier or transport company's own 'Conditions of Carriage' will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those 'Conditions of Carriage'. You acknowledge that all of the terms and conditions contained in those 'Conditions of Carriage' form part of your contract with us, as well as with the transport company and that those 'Conditions of Carriage' shall be deemed to be included by reference into this contract.

f) In any circumstances in which a carrier is liable to you by virtue of the Denied Boarding Regulation 2004 (and/or the 'Air Passenger Rights … (Amendment) (EU Exit) Regulations 2019'), any liability we may have to you under our contract with you, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier.

g) When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.

h) It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.

i) Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.

j) Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description: (a) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you; or (b) relate to any business.

k) The promises we make to you about the services we have agreed to provide or arrange as part of our contract - and the laws, regulations and relevant standards of the country in which your claim or complaint occurred - will be used as the basis for deciding whether the services in question had been properly provided. If the particular services which gave rise to the claim or complaint complied with local laws and regulations applicable to those services at the time, the services will be treated as having been properly provided. This will be the case even if the services did not comply with the laws and regulations of the UK which would have applied had those services been provided in the UK. The exception to this is where the claim or complaint concerns the absence of a safety feature which might lead a reasonable holiday maker to refuse to take the holiday in question. Please note, however, our obligation is to exercise reasonable skill and care as referred to in clause 11 (a). We do not make any representation or commitment that all services will comply with applicable local laws and regulations and failure to comply does not automatically mean we have not exercised reasonable skill and care.

l) We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised in our brochure. For example, any excursion you book whilst away

17. EXCURSIONS BOOKED

We may provide you with information on our website or in the course of designing your holiday with you, about activities and excursions that can be booked in the areas that you are travelling to. These are entirely independent of us, they are neither run, supervised nor controlled by us and do not form part of your contract with us, even where we suggest them and / or help you book them through our local agent or representative. Captivating Cuba acts solely as an agent for any such excursions and takes no responsibility or accepts any liability for the correct performance or for the accuracy of the information we provide about them. Your contract will be with the operator of the excursion or tour and not with us.

18. COMPLAINTS

It is imperative that if you have any reason to complain, that all complaints must be made at the time of occurrence to the supplier of the facility or service concerned as soon as possible so that they can put things right for you and be given an opportunity to rectify the cause of the complaint. If unresolved, then you must immediately call or email Captivating Cuba’s UK office, Cuban office or resort /city representative directly. (If out of office hours, then use the relevant emergency mobile numbers supplied in your final travel pack). We are very willing to intervene on your behalf at any time where appropriate, but until we know about a problem, we cannot begin to resolve it. Failure to do so will result in your legal rights being reduced or even extinguished.

If you remain dissatisfied and wish to continue your complaint, you must do so in writing (by post or email only) to us with full details within 28 days of your return to the UK. We will respond as quickly as possible; however, it can take many weeks to receive detailed written replies from our suppliers and to clarify any outstanding issues. Disputes arising out of, or in connection with this contract which cannot be amicably settled may be eligible for referral to arbitration under a scheme arranged by AITO. Details can be provided on request.

19. INSOLVENCY PROTECTION

a) We provide financial security for the flight-inclusive holidays and flights. We do this by way of our ATOL (Air Travel Organiser's Licence) granted by the Civil Aviation Authority, Gatwick Airport South, West Sussex, RH6 0YR, UK, telephone 0333 103 6350, email: [email protected] Our ATOL number is ATOL 10897 The price of our flight inclusive arrangements includes the amount of £2.50 per person as part of the ATOL Protection Contribution (APC) we pay to the CAA. This charge is included in our advertised prices. Not all holiday or travel services offered and sold by us will be protected by the ATOL Scheme. ATOL protection extends primarily to customers who book and pay in the United Kingdom. We will provide you with the services you have bought (or a suitable alternative). In some cases, where we are not able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding under your contract to that alternative ATOL holder. However, you also agree that in some cases it will be impossible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable). If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.

b) When you buy an ATOL protected flight or flight inclusive holiday you will receive an ATOL certificate. This certificate alongside your confirmation invoice lists the flight, accommodation, car hire and other services that are financially protected, where you can get information on what this means for you and who to contact if things go wrong. Please ask for it and check to ensure that everything you booked (flights, hotels and other services) is listed on it. See www.caa.co.uk/ATOLCertificate. For further information, visit the ATOL website.

c) We also provide full financial protection for our package holidays which don't include flights by way of an insurance policy. In accordance with the UK Package Travel & Linked Travel Regulations 2018 all passengers booking with Captivating Cuba Ltd are fully protected for the initial deposit and subsequently the balance of all monies received by us, including repatriation costs and arrangements, arising from cancellation or curtailment of your travel arrangements due to the insolvency of Captivating Cuba Ltd

There is no requirement for Financial Protection of day trips or single elements, and none is provided.

Captivating Cuba Ltd has taken out an insurance provided by International Passenger Protection Ltd (IPP) with Liberty Mutual Insurance Europe SE (LMIE) trading as Liberty Specialty Markets, a member of the Liberty Mutual Insurance Group. LMIE's registered office: 5-7 rue Leon Laval, L-3372, Leudelange, Grand Duchy of Luxembourg, Registered Number B232280 (Registre de Commerce et des Sociétés). LMIE is a European public limited liability company and is supervised by the Commissariat aux Assurances and licensed by the Luxembourg Minister of Finance as an insurance and reinsurance company. This insurance is only valid for passengers who book and pay directly with/to Captivating Cuba Ltd.

In the event of our insolvency please make contact as soon as practically possible giving full details of what has happened quoting the name of your Travel Operator:

IPP Claims at Sedgwick

Telephone: +44 (0)345 266 1872

Email: [email protected]

or online at http://www.ipplondon.co.uk/claims.asp

20. DATA PROTECTION

a) Please be assured that we have measures in place to protect personal data provided during the booking process. This information will only be passed on to the relevant suppliers of the travel arrangements forming your holiday. The information may also be provided to public authorities such as customs or immigration if required by them, or as required by law. Certain information may also be passed on to security or credit checking companies.

b) If you travel outside the European Economic Area (“EEA”), controls on data protection may not be as strong as the legal requirements in this country. We will only pass your information on to persons responsible for your travel arrangements. This applies to any sensitive information that you give to us such as details of any disabilities, or dietary/religious requirements. (If we cannot pass this information to the relevant suppliers, whether in the EEA or not, we will be unable to provide your booking. In making this booking, you consent to this information being passed on to the relevant persons.) Please see our privacy policy for further details.

21. PROMPT ASSISTANCE

If, whilst you are on holiday, you find yourself in difficulty for any reason, we will offer you such prompt assistance as is appropriate in the circumstances. In particular, we will provide you with appropriate information on health services, local authorities and consular assistance, and assistance with distance communications and finding alternative travel arrangements. Where you require assistance which is not owing to any failure by us, our employees, or subcontractors we will not be liable for the costs of any alternative travel arrangements or other such assistance you require. Any supplier, airline or other transport supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them. Subject to the other terms of these Booking Conditions, we will not be liable for any costs, fees, or charges you incur in the above circumstances if you fail to obtain our prior authorisation before making your own travel arrangements. Furthermore, we reserve the right to charge you a fee for our assistance in the event that the difficulty is caused intentionally by you or a member of your party, or otherwise through your or your party’s negligence.

22. TRAVEL INSURANCE & HEALTH

a) It is a condition of booking with us that you take out suitable travel insurance covering all circumstances leading to the cancellation of your booking including baggage, loss of money, personal accident, medical expenses, and the cost of repatriation should you become too ill or injured, to continue with your holiday, including sufficient international medical emergency cover for illness or injury and repatriation while overseas, including COVID-19 cover. Please note that special insurance cover may be required for activities including horse riding, scuba diving, sailing, and cycling, so if you intend to take part in such activities or similar sporting or leisure activities.

b) Captivating Cuba will not be liable for any costs incurred by you due to your failure to take out suitable travel insurance from the date of booking. You will indemnify Captivating Cuba in respect of any assistance or payment made by us in these circumstances.

c) You must provide us with the name of your insurers and their 24-hour emergency contact number when you book or as soon as possible thereafter.

d) Details of any compulsory health requirements applicable to British citizens for your holiday are available from the websites listed below. It is your responsibility to ensure you are aware of all recommended vaccinations and health precautions, including COVID-19 protection, in good time before departure. Details are available from your GP surgery and from the National Travel Health Network and Centre www.nathnac.org. Information on health can be found at www.nhs.uk and www.fitfortravel.nhs.uk. Health requirements and recommendations may change, and you must check the up-to-date position in good time before departure. The Foreign and Commonwealth Office publishes regularly updated travel information on its website www.gov.uk/foreign-travel-advice which you are recommended to consult before booking and in good time before departure.

23. PASSPORT, VISAS, HEALTH AND OTHER INFORMATION REQUIREMENTS

a) It is your responsibility to check and fulfil the passport, visa, health, and immigration requirements applicable to your itinerary. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates, The Foreign and Commonwealth Office and your own doctor as applicable. Requirements do change, and you must check the up-to-date position in good time before departure. Most countries (including where you are travelling to a country that is part of the European Union or European Economic Area) now require passports to be valid for at least 6 months after your return date (please go to Check a passport for travel to Europe - GOV.UK (www.gov.uk) for further information). If your passport is in its final year, you should check with the Embassy of the country you are visiting.

b) We do not accept any responsibility if you cannot travel or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities.

c) Please note, if you are travelling on a passport issued other than by the UK or a country within the EEA, you may be required to obtain an Airport Transit Visa, if your travel arrangements include a connecting flight departing from either the EU, Iceland, Norway or Switzerland. If required, Airport Transit Visas should be obtained from the consulate of the country where transit occurs, and you should ensure that you apply for and obtain the Airport Transit Visa in good time before you travel. You may be required to complete a government Passenger Locator Form before travel. Instructions will be provided but this is your responsibility to submit it in time and should you fail to do so, the form is incomplete, or you do not have a QR code (if required) then you may be denied boarding or entry to the destination.

d) Please note that in certain circumstances (including but not limited to in the event of any epidemic or pandemic), entry restrictions can be imposed at a destination with little or no notice and which may affect your ability to travel to or enter the destination. You must ensure you have sufficient travel insurance to cover any losses you incur as a result, including cancellation charges, as we will not be liable to you for any losses you incur in these circumstances.

24. FITNESS, MEDICAL CONDITIONS & DISABILITIES

a) Please note that our tours and holidays can cover areas with varying terrain (including steps, steep hills, and uneven walkways) which can be difficult to negotiate. We can provide full details of the physicality for your bespoke holiday at the time of booking if you require. It is your sole responsibility to ensure that you are sufficiently fit and well to negotiate these areas, without any adverse effect on the overall group or tour operation. You should check that your proposed areas of travel are suitable dependant on your own health, including any medical condition and/or disability that you may have. If you or any member of your party has any medical condition or disability which may affect your holiday or has any special requirements as a result of any medical condition or disability (including any which affect the booking process), please tell us before you confirm your booking so that we can assist you in considering the suitability of the arrangements and/ or making the booking.

b) Dietary allergy requests must be made at time of booking and will be passed on to the relevant supplier, but unfortunately, we cannot guarantee these requests can be met and cannot be held responsible for any illness or death caused by food consumed as part of your tour package with us. In any event, you must give us full details via email at the time of booking and whenever any change in the condition or disability occurs. You must also promptly advise us if any medical condition or disability which may affect your holiday develops after your booking has been confirmed. Should this condition not be met, Captivating Cuba reserves the right to terminate the holiday of the person(s) involved, as described in section 8.

25. COVID-19: LIMITATION OF LIABILITY

a) We both acknowledge the ongoing COVID-19 global crisis and accept our obligations to comply with any official guidance from governments or local authorities, both in the UK and whilst on holiday.

b) Please note that we will have no liability for any refunds, compensation, costs, expenses or other losses of any kind incurred by you (including, where applicable, the cost of medical treatment), in the following circumstances:

If you, or anyone in your booking party, test positive for Covid-19 and have to quarantine for a period of time, or are notified or otherwise become aware that you have, or suspect you may have, come into close contact with someone who has tested positive for Covid-19 (or where they otherwise suspect they may have Covid19) and have to self-isolate for a period of time.

If you, or anyone in your booking party, live in an area under local lockdown restrictions and are unable to travel as a result.

c) If any of the above happens within 14 days of your departure date, you must contact us as you may no longer be able to travel. In such circumstances, we will do our best to assist you and will offer you the following options, where possible and subject to availability:

Postponing your holiday to a later date. We will notify you of any impact on the price the postponement may have (please note that you may have to pay full cancellation charges on some elements of your holiday, such as the flight, as well any increase in cost imposed by other suppliers).

If not everyone on the booking is affected, you will have the right to transfer your place on the holiday to another person nominated by you, subject always to the requirements of clause 6.

Cancelling your holiday, in which case we will impose our standard cancellation charges as at the date of cancellation by you (in light of the fact that we are still able to perform your contracted holiday arrangements, but your own personal circumstances mean that you are unable to attend). You may be able to claim these costs back from your travel insurance.

iii. If this happens whilst you are on your holiday, please notify us without delay and we will provide such reasonable assistance as we can in the circumstances. However, we will not be responsible for covering the cost of any curtailment of your holiday, missed transport arrangements, additional accommodation required, or other associated costs incurred by you. You must ensure you have travel insurance which covers these costs for you.

iv. You fail any tests, checks or other measures imposed by a supplier, airline, port or airport, border control authority or other government body or local authority or fail to submit for testing or assessment when requested to do so, and as such you are denied entry to board the flight, entry to the destination, access to the services or you are otherwise unable to proceed with the holiday, or that portion of the holiday.

d) Please be aware that there may be enhanced screening/monitoring at exit and entry points both in the UK and overseas. In order to gain entry to your overseas destination(s) and/or return to the UK, you may be required to provide proof of a negative Covid-19 test result prior to being allowed to board your flight or other transport or enter the country. Where required, tests must be taken within a short time (usually no more than 3 days) of travel. There are strict requirements in respect of the tests and test providers which can be used and the information which must be provided for these purposes. You are responsible for ensuring that all applicable requirements are complied with. If you attempt to travel without fully complying with all requirements, you are likely to be refused boarding on your flight or other transport. In certain situations, and when arriving from certain countries, you may be required to self-isolate or quarantine for a set period on arrival.

e) You also acknowledge that the suppliers providing your holiday, including airlines, hotels and transfer/excursion providers, will need to comply with national and/or local guidance and requirements relating to Covid-19, and have implemented certain measures as a result. This will likely include specific requirements regarding personal protective equipment, such as use of face-masks by staff (and you may be required to wear a face-mask as well), social distancing, maximum number restrictions on the use of certain facilities, designated alternative entrance and exit routes, mandatory hand sanitisation, limited entertainment options and changes to the way meals are provided in hotels e.g. table service instead of a buffet, with fewer choices available. We do not expect these measures to have a significant impact on your enjoyment of the holiday and all measures will be taken with the purpose of securing your safety and those around you.