Agreement between user and www.cubaculturaltravel.com
Welcome to www.cubaculturaltravel.com. The www.cubaculturaltravel.com website (the "Site") is comprised of various web pages operated by Cuba Cultural Travel ("CCT"). www.cubaculturaltravel.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.cubaculturaltravel.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.cubaculturaltravel.com is a Tour Operator Site
To provide land services for cultural travel to Cuba.
Electronic Communications
Visiting www.cubaculturaltravel.com or sending emails to CCT constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
CCT does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.cubaculturaltravel.com only with permission of a parent or guardian.
Cancellation/Refund Policy
Cancellations more than 120 days prior to travel will be given a full refund. Cancellations made on or between 90 and 120 days prior to departure will forfeit initial deposit or payment. Cancellations made within 90 days of departure will forfeit any monies paid to CCT. Cancellations must be made in writing and sent electronically to laura@cubaculturaltravel.com.
In the event legal travel to Cuba should be suspended due to new legislation and CCT become unable to operate, any monies paid will be refunded.
Links to third party sites/Third party services
www.cubaculturaltravel.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of CCT and CCT is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. CCT is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by CCT of the site or any association with its operators.
Certain services made available via www.cubaculturaltravel.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.cubaculturaltravel.com domain, you hereby acknowledge and consent that CCT may share such information and data with any third party with whom CCT has a contractual relationship to provide the requested product, service or functionality on behalf of www.cubaculturaltravel.com users and customers.
No unlawful or prohibited use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.cubaculturaltravel.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to CCT that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of CCT or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. CCT content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of CCT and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of CCT or our licensors except as expressly authorized by these Terms.
International Users
The Service is controlled, operated and administered by CCT from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the CCT Content accessed through www.cubaculturaltravel.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless CCT, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. CCT reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with CCT in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrators award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Liability disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CUBA CULTURAL TRAVEL AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
CUBA CULTURAL TRAVEL AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. CUBA CULTURAL TRAVEL AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CUBA CULTURAL TRAVEL AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CUBA CULTURAL TRAVEL OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/access restriction
CCT reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and CCT as a result of this agreement or use of the Site. CCT's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of CCT's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by CCT with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and CCT with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and CCT with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
CCT reserves the right, in its sole discretion, to change the Terms under which www.cubaculturaltravel.com is offered. The most current version of the Terms will supersede all previous versions. CCT encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
CCT welcomes your questions or comments regarding the Terms:
Cuba Cultural Travel
1215 El Paisano Dr
Fallbrook, California 92028
Email Address:
info@cubaculturaltravel.com
Telephone number:
(760) 645-3269
Effective as of January 01, 2017
Statement of Privacy
Protecting your private information is our priority. This Statement of Privacy applies to www.cubaculturaltravel.com and Cuba Cultural Travel and governs data collection and usage. For the purposes of this Privacy Policy, unless otherwise noted, all references to Cuba Cultural Travel include www.cubaculturaltravel.com and CCT. The CCT website is a Tour Operator Site to provide land services for cultural travel to Cuba. By using the CCT website, you consent to the date practices described in this statement.
Collection of your Personal Information
CCT may collect personally identifiable information, such as your:
- Name
- Address
- E-Mail Address
- Phone Number
CCT encourages you to review the privacy statements of websites you choose to link to from CCT so that you can understand how those websites collect, use and share your information. CCT is not responsible for the privacy statements or other content on websites outside of the CCT website.
Use of your Personal Information
CCT collects and uses your personal information to operate its website(s) and deliver the services you have requested.
CCT may also use your personally identifiable information to inform you of other products of services available from CCT and its affiliates. CCT may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.
CCT does not sell, rent of lease its customer lists to third parties.
CCT may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to CCT, and they are required to maintain the confidentiality of your information.
CCT will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on CCT or the site; (b) protect and defend the rights or property of CCT; and, (c) act under exigent circumstances to protect the personal safety of users of CCT, or the public.
Automatically Collected Information
Information about your computer hardware and software may be collected by CCT.
This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use the CCT website.
Children Under Thirteen
CCT does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.
Opt-Out & Unsubscribe
We respect your privacy and give you an opportunity to opt-out of receiving announcements of certain information.
Changes to this Statement
CCT will occasionally update this Statement of Privacy to reflect company and customer feedback. CCT encourages you to periodically review this Statement to be informed of how CCT is protecting your information.
Contact Information
CCT welcomes your questions or comments regarding this Statement of Privacy. If you believe that CCT has not adhered to this Statement, please contact CCT at:
Cuba Cultural Travel
1215 El Paisano Dr
Fallbrook, California 92028
Email Address:
info@cubaculturaltravel.com
Telephone number:
(760) 645-3269
Effective as of May 24, 2017
Seller of Travel Disclosure
This business is registered as a California Seller of Travel (CST# 2060914-40). Registration as a seller of travel does not constitute approval by the State of California.
RIGHT OF CALIFORNIA CUSTOMER TO MAKE CLAIM ON THE CALIFORNIA TRAVEL CONSUMER RESTITUTION FUND
This business is a participant in the Travel Consumer Restitution Corporation (TCRC). You, the passenger, may request reimbursement from TCRC if you are owed a refund of more than $50 for transportation or travel services which was not refunded in a timely manner by a seller of travel who was registered and participating in the TCRC at the time of sale. The maximum amount which may be paid by the TCRC to any one passenger is the total amount paid on behalf of the passenger to the seller of travel, not to exceed $15,000.
A claim must be submitted to the TCRC within one year of the scheduled completion date of the travel. A claim must include sufficient information and documentation to prove your claim and a $35 processing fee. You must agree to waive your right to other civil remedies against a registered participating seller of travel for matters arising out of a sale for which you file a claim with the TCRC, if you were located in California at the time of the sale.
You may request a claim form by writing to: Travel Consumer Restitution Corporation, PO Box 6001, Larkspur, CA 94977-6001; or by faxing a request to: (415)-927-7698. Additional information regarding your rights and filing a claim may be found at tcrcinfo.org.
California law requires certain sellers of travel to have a trust account or bond. This business has a trust account.
In the event legal travel to Cuba should be suspended due to new legislation and CCT become unable to operate, any monies paid will be refunded.
Cuba Cultural Travel is a licensed California Seller of Travel.