The purchase in our page www.cuballama.com/viajes, the “Site” constitutes a contractual agreement between the traveler(s), customer(s), and/or purchaser(s), collectively as “You”, and “Cuballama Viajes” “Travel agent”, “We”, “Us”; the services and products are collectively called “Services”; “Providers” means the air carriers, hotels, car rentals and other suppliers providing travel products through our site and services.
Cuballama Viajes acts as a travel agent only. Our purpose is to gather and provide travel information for you and to help you determine the availability of travel-related products and services. Our travel related products and services are offered on behalf of numerous transport and accommodation service providers, including, but not limited to airlines, hotels, rental car, etc. Cuballama Viajes does not own, operate, manage or control these independent providers of services and is not liable for their acts or omissions. Cuballama Viajes obligations to you are to make travel bookings on your behalf and to arrange relevant contracts between you and the travel service providers. Each provider has its own terms and conditions that are applicable to your arrangement, in addition to our general terms and conditions.
Cuballama Viajes is a third party booking agent acting as an intermediary offering products & service from authorized providers. We have no responsibility for these services, nor do we have the authority to make any warranty or representation regarding their standard. A request cannot be guaranteed. All bookings are subject to the terms and conditions and limitations of liability imposed by these travel service providers. You understand that your legal recourse is against the specific provider not Cuballama Viajes. Your acceptance of these terms and conditions, by booking your arrangement with us or using our website, you are agreeing to be bound by these terms and any additional terms and conditions of any supplier that are applicable to your booking.
By accessing or using our Site, you agree to use it only in compliance with applicable law and to make legitimate reservations and will not make false or fraudulent reservations.
To make purchases you can book directly all services of your choice by accessing our site and choosing the services you wish to purchase. We may make certain areas of the Site accessible only to users that have a password. If we do so, and if you obtain a password, please keep in mind that we will treat anyone who uses your user name and password as “You”. We will provide this user with all of the rights and privileges that we provide to you, and we will hold you responsible for the activities of a person using your password. Therefore, we recommend that you maintain your user name and password in confidence, and that you refrain from disclosing this information to anyone who might “pretend” to be you with respect to the Site. We also ask that you notify us immediately if you suspect that someone is using your user name and/or password in this or any inappropriate manner.
Please note that prices are subject to increase prior to the time you make full payment. Prices are not subject to increase after you make full payment, except for charges resulting from increases in government-imposed taxes or fees. By navigating our site, you expressly acknowledge your acceptance of these conditions (i.e. increases before full payment and increases attributable to government-imposed taxes or fees after full payment will be your responsibility) applicable to your purchase.
The use of our Website indicates a complete acceptance without exclusion of all conditions contained herein. By completing all confirmed bookings, you accept that you have read and understood the terms and conditions. Please be aware that most travel bookings are non-refundable and canceled bookings will incur charges. These charges can be up to 100% of the cost of the booking, regardless of whether travel has commenced where we incur any liability for a cancelation fee or charge for any booking which you cancel, you agree to indemnify us for that fee or charge. Modifications; any current reservation that needs to be modified after final payment have been made are subject to availabilities, fees & conditions from our providers.
In addition to increased fares, if allowed, cancellation or changes may be subject to fees/penalties (fees/penalties vary based on factors such as airline, market, and the applicable fare rules), and may be $150 or more for domestic flights and $200 or more for international flights, plus up to $100 fee from Vayama per ticket. All change requests must be initiated at least 48 hours before scheduled departure of the original flight.
Many airlines will allow cancellation within 24 hours of booking without penalty; rules vary by airline, travel date and fare type. Otherwise, tickets are non-refundable. There is a processing fee of $7.00 USD for itineraries that include more than one carrier; other flights will not have a fee. This fee is non-refundable, charged for each ticket purchased and may appear as a separate charge on your credit card statement.
Airlines Fees: In addition to the provider and/or airline cancelation/amendment fees, Cuballama Viajes will charge a service fee that is non-refundable. Additional Fees: Please be aware that additional taxes and surcharges that cannot be pre-collected may be charged locally by car rental agencies, hotels or other providers. Most properties and vehicle rental/leasing companies require a credit card imprint at check-in.Baggage Fees: There is not a standard policy. Every airline is subject to their own Terms and Conditions. Each airline can change their luggage policy at any time without previous notification. Please ensure to verify with the carrier of your selected choice their luggage policy prior to your trip.
Based on the fare you buy, you may purchase bags with your reservation or calling our customer service department directly, however, some airlines may require that any additional bags must be purchased directly with them. Additional fees for baggage may apply. Please contact your airline or refer to its website for detailed information regarding their checked baggage policies.
Departure Taxes: There are some instances where departure taxes are payable to the government in the country departed and non-refundable.
Transactions, Conversion and Foreign Transaction Fees: Cuballama Viajes may charge you a fee when you purchase a travel product or service through our site. These fees are, without limitation to changing the dates of your travel plans, the use of our website or online transaction fees. You agree to pay Cuballama Viajes such fees and allow us to charge your form of credit card in this regard. Any of these service fees that may apply are non-refundable.
Conversion fees are applicable as some financial institutions, such as banks and credit card companies, impose fees for international transactions and transactions in foreign currencies. Some of the transactions booked through Cuballama Viajes, may be charged in a foreign currency and may result in a conversion fee from your financial institution. This will also apply for any credits you receive from Cuballama Viajes. What this means is that the amount listed on your credit or bank card statement may be in your local currency and therefore a different figure than the figure shown on the confirmation page from your purchase through our site. In addition, a foreign transaction fee may be assessed if your financial institution is located outside of the United States.
We always do our best to make sure your travel arrangements are satisfactory. However, Cuballama Viajes and its employees, shareholders, subsidiaries, affiliates, officers, directors, successors, agents, and assignees do not own or operate any entity which provides goods and services for your travel including without limitation, lodging facilities, airline, vessel, motor coach, or other transportation companies, guides or guide services, local ground operators, providers or organizer of optional excursions, food service providers, etc. All such persons and entities are independent contractors and are in no way affiliated to Cuballama Viajes or any of Cuballama Viajes affiliated entities.
Please remember that when you purchase Travel products or services, additional terms and conditions from the Providers may apply. Make sure you read those providers terms carefully as they govern your use of the travel products and services that you purchase, and you agree to abide by the providers terms, including all cancellation rules, imposed by any provider with whom you elect to deal. In addition, for air travel products, please read the full fare Rules and Policies from the airline you have chosen to purchase your ticket from, which, in addition to the providers terms, apply to any air-travel product you purchase from our Services. Please note that providers may change their prices without notice.
Airport and Security: Is your responsibility for calling the airline prior to departure to confirm your fly schedule and security regulations. Additionally, you are required to act in a way that ensures a safe environment for everyone on board. You may be asked to give up your seat if a government official needs space, aircraft load management, or for other conditions beyond our control.
Child and Unaccompanied Minor Policy: We welcome children of all ages onboard. Be sure you know the rules for your child based on his or her age. We count "age" based on the child's age the day of departure. Rates apply for infants and children from 1-11 years old. Children older than 12 years of age must be booked as adults. When making a reservation for a minor, it must be purchased with a legal guardian of the minor. If you are making a reservation for an unaccompanied minor, you must review the unaccompanied minor policy of the airline you are traveling with and contact them directly. Cuballama Viajes does not offer the service for unaccompanied minor. You can book such service directly with the airline of your flight. You must contact them prior to making your reservation to confirm availability. If you make a reservation for an unaccompanied minor, it is your responsibility that you ensure all the travel arrangements are made prior to completing your order. Any changes or omission of such requirements may incur in additional charges for changes and/or cancelation of your reservation.
Hotel Reservation: All hotel reservations are subject to the providers standard terms and conditions. You may cancel or change your prepaid hotel reservation, however, please be aware that you will be charged the cancellation or change fee indicated in the rules and restrictions for the hotel reservation at the time of booking. If you do not cancel or change your reservation before the cancellation policy period applicable to the hotel you reserved, which varies by hotel (usually 2 to 7 days) prior to your date of arrival, you will be subject to a charge equal to applicable nightly rates, tax recovery charges and service fees. In the event you do not show for the first night of the reservation and plan to check-in for subsequent nights in your reservation, you must confirm the reservation changes with us no later than the date of the first night of the reservation to prevent cancellation of your reservation.
Please be aware sales use, local hotel occupancy taxes, service fee, resort fees and other additional fees apply in certain jurisdictions. If available, you will pay the fee directly when making your booking, however, some facilities require you to make the payment directly at the time of check in.
Most hotel providers require you to present the credit card or to have a cash deposit upon check in to cover any additional expenses or for incidentals. This type of deposits is unrelated to any payment received by Cuballama Viajes for your hotel booking.
Car Rental: All car rentals are subject to the providers standard terms and conditions. You can find the Rental Agreement in effect at time and place of rental. Prepaid rates are subject to availability. Standard rental qualifications and rental period restrictions apply.
The reservation may not be paid for by a person other than the renter. The reservation should be made in the renter’s name. The name on all rental credentials (license and credit card) presented at the time of rental must match the name on the reservation. If the names do not match, for security purposes the prepaid reservation must be cancelled after a careful review and chargers may apply.
A valid driver license and credit card (both in the renter’s name) must be presented at the time of rental to cover any reasonably anticipated charges that have not been included at the time of booking. A prepaid charge card is not an acceptable credential.
Cuballama Viajes is not liable for any negligent or willful act or failure to act of any travel service provider or of any third party. In addition and without limitation, Cuballama Viajes is not responsible for any injury, loss, death, inconvenience, delay or damage to person or property in connection with the provision of any goods or services whether resulting from, but not limited to, acts of God or force majeure, illness, disease, acts of war or civil unrest, insurrection or revolt, animals, strikes or other labor activities, criminal or terrorist activities of any kind, overbooking or downgrading of accommodations, mechanical or other failure of airplanes or other means of transportation, or for any failure of any transportation mechanism to arrive or depart on time. Also, be advised that certain foreign facilities such as air-conditioning systems in public places, hotels and motor coaches may not be up to US standards. If due to weather, flight schedules or other uncontrollable factors you are required to spend additional night(s), you will be responsible for you own hotel, transfers and meal costs. Baggage is entirely at owners’ risk. You may see the name Cuballama Viajes affixed to motor vehicles, on signs around the hotel or elsewhere. This use of our name is purely for reason of identification and does not denote ownership, supervision, or control by Cuballama Viajes in any way. The prices of these tours are based on rates in effect (including foreign exchange rates) at the time of printing and are subject to change without notice. Under circumstances where liability cannot be excluded, such liability is limited to the value of the purchased travel arrangements. You specifically agree that Cuballama Viajes is not liable for any consequential loss or damage.
For your protection, we recommend that you purchase trip cancelation and travel accident protection. If available, you may purchase Travel Insurance directly through our site www.cuballama,com/viajes while purchasing your ticket. However, travel insurance is also offered by third-party providers and not through Cuballama Viajes or its affiliates. If you purchase Travel Insurance through our site, we strictly recommend to carefully read the relevant rules, terms and conditions that apply to the insurance product you purchase. Please note that no representation or description of the protection made by Cuballama Viajes to you, constitutes a binding assurance or promise about the protection. Cuballama Viajes is not an insurance company and has no responsibility for the submission, payment or adjustment of any insurance claims. Any claims that may fall under the relevant travel protection policy must be submitted to the insurance company identified in the policy.
Personal Information: It is imperative that while filling out the information online, you provide accurate and correct information of the person traveling. The information you provide must match with your travel document (eg. Passport) and is your responsibility to verify this information prior to completing your order. Any errors must be notified immediately to our customer service department; however, please be aware charges might apply when correcting these errors.
Documentation: Travel documents may be subject to certain conditions and/or restrictions such as, but not limited to, being nonrefundable, non-date-changeable and subject to cancelation and/or amendment fees. All travel documentation including, without limitation, airline tickets, hotel reservations, car rental, tour vouchers or any other document (whether in electronic form or otherwise) are used to confirm an arrangement with a service provider. Travel documents cannot be transferred to another person to use. All airline tickets must be issued in the name of the passport/photo identity holder. An incorrect name on a booking may result in an inability to use that booking and the booking being canceled. Any errors in names dates and timings may result in an inability to use that booking and the booking being canceled. Any errors in names, dates and times on your documentation will be your responsibility if not advised at the time of booking. The request to change any of the information provided for any reason, including misspell of certain information, may incur in additional charges and fees. Please reconfirm your flights at least 24 hours prior to departure.
Visas/Entry Documents: It is your responsibility for ensuring that you meet all the foreign entry requirements for international travel and that you have all the required travel documents. Passports MUST be valid for a period of at least 6 months prior to the departure date. Most airlines will not board you even if you have a valid ticket, if your passport has an expiration date less than 6 months from the departure date. Additionally, you must acquire visas and any other applicable documents in advance of your scheduled date of departure and during your travel. You must review the requirements for entry in the country of destination by visiting the relevant government agencies, embassy or consulate for information regarding passport and visa requirements.
Health and Special Requirements: Some countries may require for you to carry all necessary vaccination documentations. It is your responsibility to ensure you are aware of any health requirements. Additionally, any unique requirements in regard to special meals, medical requirements among others, must be notified and reviewed prior to your departure date.
You will be issued electronic tickets. Adult passengers must have a valid government-issued photo ID. International travelers must have a valid passport. Additional documentation may be required for travel to and through some of the countries on your itinerary.
International Travel - Customs and immigration require certain documents for travel to and from a foreign country. It is the traveler's responsibility to travel with the required documents. No refunds will be made if improper documentation results in denied boarding or entry.
Baggage Liability - For flights within the U.S., federal rules require any limit on an airline's baggage liability to be at least $3,400 per passenger. For international travel (including domestic portions of international journeys) different liability limitations apply to the loss, delay, or damage to baggage. If the Montreal Convention applies, the limit is 1,131 Special Drawing Rights (approximately $1700) per passenger unless a higher value is declared in advance and additional charges are paid. If the Warsaw Convention applies, the limit is approximately $9.07 per pound ($20.00 per kilogram) for checked baggage and $400 per passenger for unchecked baggage unless a higher value is declared in advance and additional charges are paid. Excess valuation may not be declared on certain types of valuable articles. Airlines assume no liability for fragile or perishable articles. Further information may be obtained from the airline.
Notice: Overbooking of Flights - Airline flights may be overbooked, and there is a slight chance that a seat will not be available on a flight for which a person has a confirmed reservation. If the flight is overbooked, no one will be denied a seat until airline personnel first ask for volunteers willing to give up their reservation in exchange for compensation of the airline's choosing. If there are not enough volunteers, the airline will deny boarding to other persons in accordance with its particular boarding priority. With few exceptions, including failure to comply with the carrier's check-in deadline (which are available upon request from the air carrier), persons denied boarding involuntarily are entitled to compensation. The complete rules for the payment of compensation and each airline's boarding priorities are available at all airport ticket counters and boarding locations. Some airlines do not apply these consumer protections to travel from some foreign countries, although other consumer protections may be available. Check with your airline or your travel agent.
Privacy Notice- Etc…
PLEASE REFER TO OUR CUBALLAMA GENERAL TERMS AND CONDITIONS FOR ADDITIONAL INFORMATION. CUBALLAMA VIAJES IS A SISTER COMPANY OF CUBALLAMA AND THEREFORE SUCH TERMS APPLY TO THIS AGREEMENT.
WAIVER OF JURY TRIAL. AS A MATERIAL TERM OF THIS AGREEMENT, EACH PARTY ACKNOWLEDGES AND AGREES THAT ANY CONTROVERSY THAT MAY ARISE UNDER THIS AGREEMENT IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES, AND THEREFORE EACH PARTY HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT AND ANY OF THE AGREEMENTS DELIVERED IN CONNECTION HEREWITH OR THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY. THIS WAIVER OF JURY TRIAL SHALL BE BINDING ON THE PARTIES’ PERMITTED SUCCESSORS AND ASSIGNS. EACH PARTY CERTIFIES AND ACKNOWLEDGES THAT: (A) NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE SUCH WAIVER; (B) IT UNDERSTANDS AND HAS CONSIDERED THE IMPLICATIONS OF SUCH WAIVER; AND (C) IT MAKES SUCH WAIVER VOLUNTARILY.