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BIG PLANET ADVENTURES PTY LTD
Travel Agents License No. 2TA07919, Australian Business Number: 15154669360
California Travel Consumer Restitution Fund (TCRF) CST #2121440-40
Head Office (admin) 81 Bedford St Newtown NSW 2042 AUSTRALIA
Local Office (reservations) #82 Calle Cuba Old Havana Cuba 10100
USA Office (reservations) P.O. Box 13541 Sacramento, California 95853
Cuban Adventures is a product of Big Planet Adventures Pty Ltd
Havana Adventures is a product of Big Planet Adventures Pty Ltd
Cuban Adventures USA is a product of Big Planet Adventures Pty Ltd
Contract with Big Planet Adventures Pty Ltd.
The terms and conditions set forth below (the ‘Terms’) constitute the entire understanding and agreement between Big Planet Adventures Pty Ltd (the ‘Company’) and the customer (the ‘Customer’) with respect to any and all bookings, trips or transactions made with the Company. These Terms affect the Customer’s rights and designate the applicable law and choice of forum for the resolution of any and all disputes. All persons wishing to make a booking must carefully read and understand the Terms. By making a booking by telephone, on our website, or by email with the Company or its agents, the Customer accepts and is bound by these Terms. There is no verbal or written representation, warranty, collateral agreement, prior agreement, description of services, or conditions, other than as expressed herein. The service to be provided is/are the tour(s) referred to in the booking confirmation.
- Reservations / Acceptance of Booking.To reserve a space on any trip (multi-night tour, custom tour, day tour, or other service), each Customer must submit: (1) A completed application form; (2) A deposit of minimum US$200-$400 (paid within 7 days of booking). The balance of the Trip Cost is due 60 days prior to departure. If a booking is made 60 days or less before the departure date, then the full amount is payable at the time the Customer’s booking is confirmed. Acceptance of the Customer’s booking must be confirmed in writing by the Company.
- Payments / Customer Details.Payments can be made by credit card, bank transfer, or by whatever means is acceptable by the Company or an authorized booking agent at the time of booking. The Customer is responsible for paying any and all costs applied by banks, credit card companies, or merchant solution companies when making payments to The Company, such as international money transfer fees, currency exchange commissions, or credit card payment fees. If payments are not paid when due, the Company reserves the right to treat the reservation as canceled. No Customer will depart on a trip unless all payments and necessary documents have been received by the Company. In order for the Company to confirm and guarantee the Customer’s travel arrangements, the customer must provide all essential customer details with their final payment as per the dates specified in (1) above. Essential customer details include passport number, email contact address relevant medical conditions, full name, date of birth, country and city of residence, and nationality.
- Single Supplement.All accommodations are based on double occupancy. An optional Single Supplement can be booked by the Customer to guarantee the Customer a single room throughout the tour package. For a the single traveler not booking a Single Supplement, all efforts will be made to allocate a single traveler into share accommodations. If no roommates are available then the Customer will be supplied with single accommodation without further charge. If at any time during the tour the Customer that did not book a Single Supplement decides they want single accommodation, the Customer may request this from the Tour Leader. The Customer must pay directly to the Tour Leader for the additional cost, however there is no guarantee by Big Planet Adventures Pty Ltd that such accommodation will be available.
- Cancellation by the Customer. If the Customer cancels, a cancelation fee may apply. Cancelations must be in writing and the date on which the written communication is received by the Company or its Agent, will determine the cancelation charges applicable.
4.1 MULTI-NIGHT TOURS
i. If cancelation is made 60 or more days prior to start date: The cancelation fee is loss of full deposit.
ii. If made 60 - 15 days prior to start date: Full refund minus the deposit and 5% for (for admin fees) OR 100% kept in credit for future booking
iii. If 15 days or less prior to start date with a doctor's certificate: 50% refund + 50% kept as credit OR 100% kept as credit
iv. If 15 days or less prior to start date without a doctor's certificate: 100% kept as credit
4.2 DAY TOURS
If cancelation is made more than 48 hours prior to the tour there is no cancelation fee applicable. If made less than 48 hours before the tour, there is a 100% cancelation fee.
4.3 OTHER SERVICES
Some extra services booked in conjunction with a tour may be non-refundable, such as flights, tourist cards, insurance, & some pre or post additional hotel reservations.
- Amendments by the Customer before.
5.1 Amendments: Within 60 days of tour departure, any amendments to a file depend on availability and will be on a request basis. No changes can be made within 15 days of departure. This includes booking additional accommodations, transfers or excursions. Domestic flights included in a tour may incur a change fee by the airline.
5.2 Transfer of name: this is possible and is treated by the Company as an amendment as per 5.1
Amendments by the Customer after departure.
6.1 Unused Services by Customer. No partial refunds will be given for missed or unused services such as hotel rooms, meals, sightseeing trips or included activities, or for any reason whatsoever (this includes voluntary or involuntary termination – such as sickness, death of a family member, etc.) The Trip Cost is quoted as a package and credits are not given after termination of the tour, for services not used
6.2 No refund is provided for any amendments that are a direct result of any matters outlined in 13. Authority on Tour.
- Cancellation by the Company.
7.1 Insufficient sign-up. The Company reserves the right to cancel any trip listed on the web due to insufficient sign-up (not meeting the 2 person minimum), which makes the trip economically unfeasible to operate or for any other reason. If this happens, the customer will be offered the options of either 100% refund (all admin/bank fee waived) OR 100% credit towards another trip. The Company is not responsible for additional or incidental expenses incurred by travelers preparing for the trip (i.e., non-refundable ‘Advance Purchase’ air tickets, equipment, medical expenses, visas, loss of enjoyment, bank fees for receiving the refund etc.).
7.2 Force Majeure. The Company will not cancel a tour less than 60 days before departure except for force majeure, unusual or unforeseen circumstances outside the Company’s control. In such situations if this is prior to the departure date the Customer will be given the option of either 100% refund (all admin/bank fee waived) OR 100% credit towards another trip is offered. If this occurs after the tour has departed, then a pro rata (days remaining of trip) offer will be offered. The Company is not responsible for additional or incidental expenses incurred by travelers preparing for the trip (i.e., non-refundable ‘Advance Purchase’ air tickets, equipment, medical expenses, visas, loss of enjoyment, bank fees for receiving the refund etc.).
- Amendments by the Company.
8.1 Prior to departure: If the Company is unable to provide an individual activity or service that is included in a package, when possible notice will be provided before departure, however the Company is not obligated to do so nor to pay compensation. If practicable, the offer of a replacement activity/service may be provided, or remuneration may be offered to the Customer as decided by the Company. Election or payment for a replacement activity or service must be made by the Customer within the specified time outlined by the Company representative.
8.2 Prior to departure: If it becomes evident that a significant proportion of the services booked is unable to be provided, the Company will, if practicable, offer alternative arrangements, which the Customer may accept or decline. If this offer is accepted, the Customer may be required to pay additional costs. If the overall cost is reduced the Company will refund the difference. If declined, the contract between the Company and Customer will be terminated and all monies refunded.
8.3 Prior to departure: If the Company is unable to provide a destination that is included in a package, advice will be provided as soon as reasonably possible. If practicable, the Company will offer (on the basis of these Terms) a replacement destination which the customer may accept or decline. If accepted, the customer may be required to pay additional cost. If the cost is less than the contracted amount, the Company will refund the difference. If declined, then the contract between the Company and Customer will be terminated and all monies will be refunded. Election or payment for a replacement activity or service must be made by the Customer within the specified time outlined by the Company representative.
8.4 After Departure: If the Company is unable to provide an individual activity or service that is included in the package after departure the offer of a replacement activity/service may be provided by the Company where possible, alternatively remuneration may be offered to the Customer as decided by the Company. Election or payment for a replacement activity or service must be made by the Customer within the specified time outlined by the Company representative.
8.5 After Departure: In the unlikely event that, for any reason, the Company is unable to provide a significant proportion of the services after departure, the offer of alternative arrangements may be provided by the Company, which the Customer may accept or decline. If accepted, the Customer may be required to pay additional costs. If the cost is reduced a refund for the difference will be provided. If declined, transport back to the point of departure will be provided and a pro rata refund (as determined by the Company) for the cost of the remainder of the Customer’s tour package.
Mode of payment of refunds: Any refund that the Customer qualifies for, where possible will be paid by the Company to the Customer in the same mode of payment that the Customer used to book the services. In the case that the Customer paid by credit card, the Company will process a refund to the Customer’s credit card.
- Tour Prices. Prices quoted by the Company may be changed at any time until The Company has confirmed in writing the acceptance of your booking. Even after that time, prices may be changed if we are charged additional costs after that time including, for example, where businesses that we use to provide services included in your package, raise their costs for any reason. If this results in the overall costs of the tour package increasing by more than 10%, we will require that you pay the additional amount. You will be entitled at that point to cancel your tour with a full refund of all monies paid to us. Should you decide to cancel because of this, you must exercise your right to do so within 5 days of the date of Company advice. If there is less than 5 days before the departure date, then by no later than one day after you have received advice of the increased costs.
- Airlines. Our responsibility in respect of air travel is limited by the airline’s conditions of carriage. The airlines and aircraft mentioned in our advertisements may change from those specified. In addition, the Company is not responsible for losses due to cancelled flights or seats or changed flight itineraries. The Customer cannot cancel the contract without penalty due to a change of airline, aircraft type, or destination. The responsibility of the airline is limited to the carriage of passengers and baggage in accordance with their terms and conditions of service.
- Delays. Any costs, whether direct or incidental, incurred by the Customer as the result of delays caused by bad weather, road conditions, transportation delays, sickness, government intervention or other contingencies for which the Company or its agents cannot make provision, will not be reimbursed.
- Authority on Tour. The Customer must at all times strictly comply with the laws, customs, foreign exchange and drug regulations of the countries visited. At all times the decision of the Company’s tour leader or representative is final on all matters that may threaten the safety or interfere with the well being of the group or individual travelers. Should the Customer fail to comply with this section, or if in the opinion of the tour leader or Company representative, the Customer’s behavior is causing or is likely to cause danger, distress or annoyance to others, the tour leader or Company representative may order the Customer to leave the tour without recourse to any refund.
- Medical fitness and health. The Company strongly recommends a visit to a doctor and dentist before your trip. You can ask the doctor about the current inoculation requirements. The Company does not assume any responsibility about advising the client about health precautions in visiting Cuba.
If the Customer is affected by any condition, medical or otherwise, that might affect other people’s enjoyment of the tour, the Customer must advise the Company at the time of booking. It is your responsibility to advise the Company of any pre-existing medical conditions that might reasonably be expected to increase the risk of you requiring medical attention, or that might affect the normal conduct of a trip and the enjoyment of other trip members. As a minimum you must be able to walk without the aid of another person, climb 3-4 flights of stairs, step on and off small boats, and carry your own luggage. While our guides work hard to ensure that all our travelers are catered for equally, it is not their responsibility to help individuals who cannot complete the day’s activities unaided. The guide has the right to disqualify anyone at any time during the trip if it is felt that the Customer’s continued participation will jeopardize the enjoyment of other Customers involved or the group. Refunds are not given under such circumstances. If in the event a trip member is subject to injury or illness, the Company will attempt to secure the best possible medical attention available, however the Company assumes no liability regarding provision of medical care.
- Age and restrictions.There are no age restrictions on any of the Company’s tours. An unaccompanied minor under 18 years of age is required to provide a letter from a guardian or parent. A person over 70 years of age is required to complete a self-assessment form at the time of booking. This does not restrict that person in any way from joining a tour. The Company strongly recommends a travel companion for a person over 70 years of age, for a person who cannot walk unaided, or for any person with special needs that may require assistance to complete the regular day’s itinerary.
- Baggage. The Company assumes no liability for loss or damage to baggage in transit to and from a trip run by the Company or while on a trip run by the Company.
17.1 Medical Insurance - Every Customer of the Company must be covered by travel related personal medical insurance. This insurance must cover personal injury, medical expenses, air ambulance, repatriation costs, evacuation expenses and all other expenses. The Customer agrees to obtain and verify that he/she has sufficient personal medical insurance coverage for the trip.
17.2 Travel Insurance - It is strongly recommended that the Customer obtains personal travel insurance, that apart from covering medical expenses due to illness or injury, also covers baggage, cancelation, curtailment, loss of belongings, and all other expenses which might arise as a result of loss, theft, damage, delay or inconvenience occurring to the Customer. When the Customer purchases travel insurance recommended by the Company, the Customer acknowledges that he or she is satisfied with the levels of insurance from the provider. If he or she does not take such insurance through the Company, the Customer understands that the price of the tour does not include any insurance. When obtaining travel insurance the Customer must ensure the insurer is aware of the type of travel to be undertaken.
17.3 Asistur Travel Insurance for Cuba - Any Customer purchasing the insurance cover the Company offers that is specific to Cuba, agrees to the general conditions set down by the Cuban State insurance provider Asistur. It is the responsibility of the Customer to check all these details prior to purchasing. There is no refund by Asistur once this policy is issued.
- Publicity.The Customer agrees that the Company may use images of the Customer taken during the trip without recourse to the Customer and without compensation to the Customer, for the publicity and promotion purposes through whatever medium it chooses.
- Travel Documents. The Customer must obtain and have possession of a valid passport, all visas, permits and certificates, and vaccination certificates, required for the entire tour. The Customer accepts responsibility for obtaining these documents and any other necessary documents and is solely responsible for any adverse consequences resulting from missing or defective documentation. Information or advice given by the Company on visas, vaccinations, climate, clothing, baggage, special equipment, etc. is purely advisory and given in good faith as a courtesy to the Customer. The Company is not responsible for any errors or omissions as to the information provided.
- Responsibility on Your Tour. All services herein are organized by the Company. Notice is hereby given that all arrangements made on behalf of customers are made by organizers on the sole condition that the organizers shall not be held responsible for any injury, death, accident, delay, loss, damage or irregularity which may be occasioned through acts of any company and/or persons engaged in carrying out the arrangements. The Company acts as an agent for transport companies, hotels and other contractors and shall not be held liable for any injury, damage, loss, delay or irregularity that may occur, including, but not limited to, any defect in a vehicle or any other form of conveying a traveler, detention, delays or expenses arising from quarantine, strike, riots, theft, force majeure, civil disturbance, government restriction or regulation, accident by aircraft, boat, bicycle, motor vehicle or any other form of transport or in any hotel or guest house, pension, or other form of accommodation. The Customer acknowledges that the quality of the products organized by the Company, including accommodations and all other services related to the tour which are organized by the Company, are not within the control of the Company and that in any event the quality of such products may be compromised by local conditions. Accordingly, the Customer hereby releases the Company from all claims and causes of action arising from any damages, loss of enjoyment, inconvenience, or injuries related to the quality of such products. The information contained on the website is correct to the best of the Company’s knowledge and the Company accepts no liability for any innocent inaccuracies contained herein. The Company reserves the right to alter any itinerary in progress or service at any time without penalty to the Company. Any additional expense or cancellation shall be borne by the Customer. The organizer reserves the right to withdraw or refuse any service to any Customer at the discretion of the organizer.
20.1 RELEASE OF LIABILITY AND ASSUMPTION OF ALL RISKS: The Customer acknowledges that they have voluntarily applied to participate on the tour and have read the description of the tour as it appears in the tour itinerary. In entering this Agreement, reliance cannot be made on any oral, written or visual representations or statements by the Company or its staff or representatives, or any other inducement or coercion to go on the tour, hence, only of their own free will, with knowledge of the hazards involved. The Customer voluntarily participates on the tour with knowledge that travel to foreign countries and/or remote areas visited by this tour involves numerous risks and dangers including but not limited to: the forces of nature, civil unrest, terrorism, roads, trails, hotels, vehicles, boats or other means of conveyance which are not operated nor maintained to standards common in their home country; accident or illness without access to means of rapid evacuation or availability of medical supplies; the adequacy of medical attention once provided; physical exertion for which the Customer is not prepared; consumption of alcoholic beverages; or negligence (but not the willful or fraudulent conduct) on the part of the Company, its affiliated organizations and their employees, or other agencies known or unknown. Acknowledgement is made that the enjoyment and excitement of travel is derived in part from the inherent risks incurred by travel and activity beyond the accepted safety of life at home or work and that these inherent risks contribute to such enjoyment and excitement, being a reason for the Customer’s voluntary participation.
The Customer RELEASES AND DISCHARGES FOREVER the Company AND ITS AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL LIABILITY ARISING FROM THE CUSTOMER’S PARTICIPATION IN THE TRIP. The Customer agrees this release shall be legally binding upon themselves, all minors under the age of 21 traveling with the Customer, all members of the Customer’s family, and their heirs, successors, assigns, and legal representatives: it being the Customer’s intention to fully assume all the risks of travel associated with this trip and to release the Company of and from any and all liabilities to the maximum extent permitted by the law.
- High risk activities.In addition to any other provisions of these Terms that relate to included activities, where a package involves a high-risk activity such as diving, the Customer will be required to sign a separate Information and Disclaimer form to be able to participate in such included activities.
- Optional Extras. Optional extras do not form part of the tour or contract. It is understood and accepted by the Customer that any assistance given by the tour leader or representative in arranging optional extras does not render the Company liable for optional extras. Amongst others, optional extras include biking, boat rides, horse riding, snorkeling and other extras, which are not included in the tour price.
- Claims and Complaints. If a Customer has a complaint against the Company, the Customer must first inform the tour leader or Company representative while on the tour at the earliest opportunity, in order that the leader/representative can attempt to rectify the matter. If satisfaction is still not reached through these means, then any further complaint must be put in writing to the Company within 30 days of the end of the tour. The Company will not accept any liability for claims received after this period.
- Local Conditions. The Customer is solely responsible for acquainting her/himself with the customs, weather conditions, physical challenges and laws in effect at each stop along the itinerary and is encouraged to locate or make contact prior to embarkation with his/her local embassy or consulate in each destination.
- Applicable Law and Choice of Forum. This contract is governed by the laws of the state of New South Wales, Australia, and any legal action arising there from, shall be litigated only in the appropriate court having jurisdiction in the state of New South Wales, Australia.
- Limitation of Remedies.The Customer agrees that the sole remedy for any default by the Company arising under this agreement shall be the return of the paid Trip Cost. To the maximum extent permitted under applicable law, the Company will not be liable for any indirect, special, incidental or consequential damages of any kind (including personal injury) regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if the Company has been advised of the possibility of such damages, and the Customer expressly waives any right it may have to recover such damages.
- Severability. The Customer understands and agrees that in the event that one or more of the provisions of this agreement, for any reason, is held to be invalid or unenforceable, provision had never been contained herein, therefore allowing all remaining Terms and Conditions to survive and continue as binding.
- Errors and Omissions.Although the Company has made a concerted attempt to verify the accuracy of statements made herein, the Company cannot be held responsible for any error, omission or unintentional misrepresentation that may appear on the website or any advertising material originated by the Company.
- Use of Information and Company resources.The Customer agrees not to use any of the Company’s published or printed materials, (such as maps, town information, or information on the Company’s website) for any commercial purposes. The Customer agrees to not approach any of the Company’s guides or service providers, to arrange travel services or provide any services to the Customer or Customer’s contacts, for future visits to Cuba, for commercial purposes or otherwise, without consent from the Company. The Customer agrees not to enter into an ongoing business relationship with any of the Company’s guides or service providers, without consent from the Company.
- Damages. The Customer will be required to pay the full cost of any damage caused to the accommodations or transport vehicles due to improper use of installations and materials, or by being unreasonably reckless.
Discounts and Promotions
The following are the rules and conditions related to our discount offers and promotions:
- A discount cannot be used in conjunction with any other offer or discount.
- Only one discount can be used when booking a service.
- Discounts are only valid for customers who book and pay with us directly
- Discounts are not valid for customers who book and pay for services to a separate agent.
- The Company reserves the right to withdraw, amend or cancel a discount offer at any time.
- The Company reserves the right to amend these Terms and Conditions for discounts at any time.
- Any revised version will be effective immediately when it is displayed on this website.
Discounts do not apply to any of the following:
- Local Payment amounts.
- Private & Custom Tours.
- Extra services attached to a tour such as flights, insurance, extra nights of accommodation, tourist visas.
10% Family and Friends Discount
Following these 4 simple steps will give your friends a 10% discount on any of our tours!
- After you travel with us, fill out an online feedback formfor your tour.
- Share your comments about the tour on ourFacebook review page
- Recommend us to your friends, telling them that they can get a 10% discount if they quote your email address in the booking.
- Your friend, or family member who is claiming the discount, books directly on our website(not via an external agent) and enters your email address in the field that requests this.
Following these steps will also qualify yourself for a 10% discount if you travel on one of our tours on a repeat visit to Cuba.
- There is no restriction on the number of family and friends covered by this offer
- There is no expiry date on this offer.
- Offer is subject to places being available on the desired tours.
- The discount can only be applied once per person per tour (maximum discount amount is 10%)