Terms & Conditions


Please read these Terms & Conditions before using Cubaal's website (Website) and making any booking. When you make a purchase on the Site, you agree to accept these Terms & Conditions.

All correspondence regarding customer service or your booking should be sent to Cubaal, 3,5 kms Redoute road, 97200 Fort-de-France or by contacting us via email at This email address is being protected from spambots. You need JavaScript enabled to view it. of by phone at +33 (0) 664 396 721.

1. Use of Website

1.1. This Website is available to all users (hereinafter referred to as the “User” or “You”), subject to these General Terms & Conditions (hereinafter referred to as “T&Cs”). When you make a purchase on the Site or otherwise use this Site, you agree to accept these Terms & Conditions.

1.2. This Platform is operated by Cubaal, a sole company, duly incorporated in Martinique with SIRET Number 45094871600045 whose registered office address is at 3,5 kms Redoute road, 97200 Fort-de-France, Martinique; with contact telephone number +33(0)664396721; (hereinafter referred as “Cubaal”, “we”, “us” or “our”). Cubaal is an accommodation agent.

1.3. The User hereby declares that he or she is an adult (at least 18 years of age) and has the legal capacity to be bound by this agreement and to use this Website in accordance with these T&Cs. Cubaal expressly warns the User that by using the Website to make a booking, he/she is concluding a contract with payment obligations. Furthermore, the User declares that all information he or she provides to access this Website and while using it is true, complete and accurate, and he/she agrees to keep it updated.

1.4. This Website is solely and exclusively for the User's personal use. It may not be modified, reproduced, duplicated, copied, distributed, sold, resold or exploited for commercial or non-commercial purposes, except that you may print out copies of your travel itinerary for personal use, or forward your travel itinerary to a bona fide itinerary management company.

1.5. The User agrees not to use this Website for illegal or prohibited purposes. In particular, the User accepts that he or she will only use this Website for him/herself and that the products or services purchased through this Website will be for his or her own use or consumption, or the use or consumption of persons on behalf of whom he or she is legally authorised to act. The User shall not resell to third parties products or services purchased through this Website.

1.6. Cubaal reserves the right to deny access to the Website at any time without notice.

1.7. All correspondence regarding customer service or your booking should be sent to Cubaal, 3,5 kms Redoute road, 97200 Fort-de-France, Martinique, or if you would prefer to contact us by telephone, please call +33 (0)664 396 721 (local rates apply).

2. Your Contract

2.1. A “booking” means any order for products or services you make on our Website which is confirmed by us. When you make a booking via this Website, the contract will be between the Cubbal or Property Owner(s) and you. Cubaal is therefore not a party to the contractual relationship in relation to the products and services you order on our Website, unless explicitly provided otherwise herein. Any queries or concerns relating to the product should be addressed to the Cubaal or the Property Owner.

2.2. The term “Property Owner” includes as appropriate accomodation agents and properties owners.

2.3. Cubaal makes the booking on your behalf and your contract will be subject to the Property Owner's terms and conditions, which could limit or exclude liability to you (often in accordance with various applicable international conventions). If you wish to review the relevant Property Owner's terms, we refer you to the Conditions of Carriage page of our Website where the Property Owner's terms are available through a link. In instances where it is not possible to access the Property Owner's terms by a link, we will at your request provide the Property Owner's contact details so that you may contact them. Please ensure you refer to the applicable Property Owner's terms and conditions for cancellation charges and other important terms and conditions.

2.4. By using this Website to book products and/or services, you authorise Cubaal to act as your representative during the process of comparison between Property Owners and booking of products and/or services from the selected Property Owner and to make the payment for such products or services in your name and on your behalf, as required. Accordingly, Cubaal shall charge you with a service fee, depending upon which product you book. You will be advised of any fee before you confirm your booking.

2.5. Prices are confirmed at the final step of the booking path at the point when you click Buy now, Make the reservation or similar, depending on product purchased. Prices are shown with rates of exchange calculated on a daily basis. Prices may therefore differ on a daily basis to reflect any movement in exchange rate levels. Taxes fluctuate in line with exchange rates. When a booking is made the exchange rate will be fixed at that time and will apply to any amendments or cancellations to that item within the booking. Exchange rates are determined by open exchange rates.

2.6. After you confirm your booking, you will receive a confirmation email with a booking number. This is the moment that your contract in relation to the products and services ordered will come into existence. This confirmation email will provide all the details of the itinerary of your booking. Next, we will check that your payment has been correctly entered in our payment provider and that your booking can be correctly processed.

2.7. We reserve the right to cancel your booking in the event we have reasonable grounds to believe it is fraudulent. In such circumstances we will attempt to contact you, using the email address you provided at the time of booking, or your bank. In the event we are not able to contact you or your bank, we may cancel your booking with no liability whatsoever.

2.8. The electronic document by which your contract is formalised shall be filed in the Cubaal records and may be accessed by you at any time upon request to Cubaal.

2.9. In relation to the “special requests” options relating to any product (eg meals, disabled facilities, child beds etc.), Cubaal does not guarantee any such requests but will pass these requests on to the Property Owner/accommodation owner. It is your responsibility to confirm with the Property Owner or accommodation/property owner whether such special requests can be fulfilled.

3. Booking conditions

3.1. Cancellations and modifications

3.1.1. Your ability to cancel or modify a booked accommodation product or service, and the method for doing so, will depend on the specific Property Owner's terms and conditions. It therefore may not be possible to cancel or modify products or services ordered, or there may be specific requirements you will have to meet. In the event that you make any alteration to your booking (cancellation and/or modification), Cubaal reserves the right to charge you a service fee of €50 to cover the administration costs incurred by Cubaal. These charges do not include any charges imposed directly by the Property Owner, including any difference in fare/room rate/rental rate. In the event that you make a change to your booking, please note that any current fare available on the Website is not relevant to the cost of making your change.

3.1.3. In relation to accommodation bookings the Property Owner specific terms and conditions for cancellations and amendments are available online during the booking process and set out in your confirmation email Where you make a booking modification, it is your responsibility to ensure that it does not conflict with any other product or service you have purchased. In addition, a no show at a accommodation provider will result in the pure and simple cancellation of your reservation by the Provider and, as a result, the non-refund of your reservation.

 

3.2. Price and payment

3.2.1. The total price of your booking will be shown once you have selected all the specific accommodation products and services you would like to acquire. Such price will include the price of all products selected and Cubaal's service fees. Cubaal's service fees are independent of the price of the products and non-refundable in any case, as they are charged for the service provided by Cubaal for the search, comparison and assistance in the booking process. Taxes fluctuate in line with exchange rates.

3.2.2. The amount of the service fees depends on the products acquired. Cubaal may also charge additional service fees if you request changes or refunds. In the event that you use an unfunded credit card or a credit card which is rejected by the bank due to any other reason that is caused by you, Cubaal will charge a service fee of €50 and will provide you with instructions to make effective the payment of your booking. The service fee will be added to the final price. Until you make effective the full payment, you will not be able to receive your products. Moreover, we hereby bring your attention to the fact that, due to the nature of travel products, it is possible that price changes occur between your booking and the effective payment and you will have to assume the cost of the selected products at the moment that you are making the effective payment.

3.2.3. Payments can be made by all major debit and credit cards as detailed on the Website. Payment methods other than those stated on the Website will not be accepted and no responsibility is accepted for cash or cheques sent through the post. Full payment for all products is required at the time of booking.

3.2.4. In order to provide greater security, you will be asked to enter all the information that is on your card for each purchase you make with Cubaal, as this information is not saved in our files longer than necessary to process the payment of each booking or in the tax recovery process as referred below under 3.3. All information is encrypted on our payment provider secure server. You authorise Cubaal to use the information on the credit card provided by Customer/you (i) in order to make the purchase of the services required and to process related service fees (ii) for the processing of any applicable refunds and (iii) for the charge of costs and fees related to (a) changes to your booking or to (b) tax refunds as referred to in section 3.3 of these terms and conditions.

3.2.5. Cubaal reserves the right to pass on any charges relating to card charge-backs. If your booking is being paid for with a third party credit card we may require written authorization to be provided by the card-holder. Cubaal or the Property Owner reserves the right only to deliver confirmations or other booking documents to your credit card billing address or email address when requested to do so by the credit card issuer. All email addresses used must be valid at the time of booking.

3.2.6. Further, in an effort to minimize the effects of credit card fraud, we reserve the right to carry out random checks, including checks of the electoral roll, and may request you to either fax or post to us proof of your address and a copy of the credit card and recent statement before issuing any tickets. Please be aware that these checks are only carried out during our standard business hours.  Cubaal is not responsible for any costs incurred as a result of these checks.

 

3.3. Refunds

Refunds, 15 days or more before arrival date, will be processed to the form of payment used at the time of booking. This will be made payable to the person who made the original payment. A tax refund may be processed in accordance with the relevant Property Owner/accommodation owner policy in Cuba.

3.4. Passport, visas and health Requirements

3.4.1. Passport and visa regulations can change and you should therefore check with the embassy of Cuba well in advance of travel. It is your responsibility to be in possession of a valid passport and, if appropriate, a visa. It is important to remember to include all transit points in your journey which may also require you to obtain a visa. It can often take some time to obtain a visa, so you are advised to apply in plenty of time. We accept no responsibility for customers who do not possess the correct documents.

3.4.2. Cuba has its own requirements as far as entry formalities, vaccinations, etc. which can also vary depending on the passenger's nationality. It is your responsibility to collect that information. No incidents arising from the failure to comply with such official regulations will be considered the responsibility of Cubaal. We therefore urge you to always verify the different formalities of the chosen destination or transit countries, as well as the time needed to take all of the related steps.

3.5. Travel insurances

It is recommended that you take out insurance for any travel, especially as there may be circumstances where the Property Owner or accommodation owner will have no liability.

4. Special conditions relating to accommodation, apartment, villa and room rentals

In relation to room and other accommodation the conditions set out in Annex 1 hereto shall apply, unless otherwise provided in the Property Owner terms and conditions.

5. Industrial and intellectual property rights

5.1. All of the content on the Cubaal Website (including, but not limited to, trademarks, texts, graphics, logos, button icons, images, audio files and software) is owned by Cubaal or its content providers and is protected by national and international industrial and intellectual property regulations. The compilation (understood as the collection, arrangement and assembly) of all content of the Cubaal Website is the exclusive property of Cubaal and is protected by national and international industrial and intellectual regulations. All software used on the Cubaal Website or belonging to its software Suppliers is protected by national and international industrial and intellectual regulations.

5.2. Any other use of the content on this Website is strictly prohibited, including its total or partial reproduction, modification, distribution, transmission, subsequent publication, exhibition and/or representation. In particular, any type of use of the images contained on the Cubaal Website outside this Website is strictly prohibited without the express consent of Cubaal and/or its Suppliers.

5.3. Cubaal and other names of products, services, graphics and logos of Cubaal are internationally registered trademarks. The names of other products, services and companies mentioned in this document may be registered trademarks of their respective owners.

6. Limitation of Liability

6.1. Cubaal offers this Website as-is and exercises reasonable skill in respect of its updating, maintenance and functioning, but it makes no guarantees as regards technical faults, service infallibility, or that the system or portal will function at all times.

6.2. Cubaal publishes on its Website various information about the products and services provided and offered by third parties, and it can make no representations about the truthfulness, accuracy, completeness and updating of the data contained in such offers. Some information is stored in cache from time to time, and will only be verified with real time information at the time you confirm your booking.

6.3. The limitation of liability of Cubaal is in accordance with the current applicable legislation and particularly in terms of the sectorial regulations of vacancy rentals. In any case, Cubaal assumes no liability for any damages arising directly or indirectly from the purchase of a product or service offered on its Website.

6.4. In the event a court would determine in deviation from the limitations set out in this clause 8, that Cubaal is liable for damages following a purchase by you of products or services on this Website, such liability shall at all times be limited to the fees received by Cubaal for the services provided.

6.5. If due to reasons of force majeure (including, but not limited to, political, economic or unstable disorder that affects safety), there are deficiencies with reservations, confirmations and/or execution of any trips or services purchased through Cubaal due to unexpected circumstances that Cubaal cannot solve, or even if it were impossible to comply with any of the agreed provisions, Cubaal and/or companies from the Cubaal Group are exempt from any derived legal responsibilities arising from such deficiencies or non-compliance.

6.6. Without prejudice to the limitations set out in this clause 6, Cubaal shall in no event be liable in respect of any claim in relation to products or services purchased on our Website unless a written notice of the claim is given by you to us within a period 12 months from the date of the booking.

7. Links to other Websites

7.1. The Cubaal Website may contain links to other Websites that are not managed by Cubaal, which are included only for reference purposes. Cubaal does not exercise any control over these Websites nor is it responsible for their content.

7.2. The inclusion of links to other Websites does not imply that Cubaal promotes, vouches for, guarantees or recommends these sites. These links are only used as informative references, without any valuation of the content, owners, services or products offered therein.

8. Other generally applicable terms

8.1. Passengers' rights under EC Regulation 261/2004.

When you are travelling out of the EU, or on an EU carrier, you may have rights which you can assert against the relevant airline in the event that your flight is cancelled, delayed or you are denied boarding. For more information about EC Regulation 261/2004, please click here.

8.2. Queries and complaints relating to your booking

Please contact our customer services team if you have any other enquiries or complaints relating to your booking prior to departure. If you have a complaint relating to a Property Owner and/or accommodation during your stay, please ensure that you officially log your complaint with the relevant Property Owner and/or accommodation prior to your return.

8.3. Customer behaviour

It is your responsibility to ensure that you do not behave in a way which is inappropriate or causes offence or danger to others or which risks damage to property belonging to others (including but not limited to drunkenness and/or air rage) whilst on your holiday or using a service/product. If your behaviour is inappropriate and/or causes offence, or damage to others, or risks damage to property belonging to others, we and/or our Property Owners may cancel your booking, in which case our and our Property Owner's responsibility to you will cease immediately and you will not be eligible for any refunds, payments of compensation and/or any reimbursement of any cost or expenses you may incur as a result of such termination. Further, you will be liable to reimburse us for any expenses we incur as a result of such termination.

8.4. Entire Agreement and Severability Clause

8.4.1. These Terms & Conditions contain the entire agreement between the parties in relation to its subject matter.

8.4.2. If at any time any part of these Terms and Conditions (including any one or more of the clauses of these Terms and Conditions or any sub-clause or paragraph or any part of one or more of these clauses) is held to be or becomes void or otherwise unenforceable for any reason under any applicable law, the same shall be deemed omitted from these Terms and Conditions and the validity and/or enforceability of the remaining provisions of these Terms and Conditions shall not in any way be affected or impaired as a result of that omission.

8.5. Changes to General Terms and Conditions

Cubaal.Com reserves the right to change or update these T&Cs from time to time without prior notice to you. The current version of the T&Cs will be displayed within the Website from the date on which any changes come into effect. Continued use of the Site following any changes to the Terms and Conditions shall constitute your acceptance of such changes.

9. Law and jurisdiction

These General Terms and Conditions, as well as any relation between Cubaal and the User, shall be governed by the laws of Martinique, French West Indies. To the extent legally permitted both parties are subject to the jurisdiction of the Courts of the city of Fort-de-France for any litigious issue arising from the existence, content and/or interpretation of these Terms & Conditions or from any relation between Cubaal and the User. The European Commission provides an online dispute resolution platform, which you can access here

10. Company

Cubaal

3,5 km Redoute road

97200 Fort-de-France - Martinique

11. Hosting

OVH SAS

2 rue Kellermann

59100 Roubaix – France

12. Credit card provider

Our credit card provider is Bluepaid.

 

Annex 1. Special conditions for accommodation, apartment, villa and room rentals

Contracts for rooms in guesthouse, apartment, villa and other accommodation booked through our site shall be with the relevant Property Owner/property owner and subject to their conditions.

We offer star ratings as a general guide. You should be aware that these are not necessarily the official local rating and that standards can vary between lodgings and accommodations of the same class in Cuba. Different countries have different standards; a 3 star accommodation in one country is not necessarily equivalent to a 3 star accommodation in another.

Check-in / Checkout times - Generally guests can check into a lodging or other accommodation around 3pm and check out at 12pm, local time. However, local variances may apply. Check-in and check-out times will normally be displayed on your accomodation booking confirmation email. Should you require more information, please contact us.

Images - Whilst we endeavour to ensure that property images and descriptions of amenities and facilities displayed on Cubaal are an accurate and up to date representation of the properties, we cannot guarantee this always to be the case as we obtain this information from our Property Owners and property owners. The images and information are provided to give a general 'feel' for the accommodation.

Images of room types do not necessarily represent the bed configuration of the room being purchased. For example, a triple room in North America may consist of one double bed and one single bed or a double room in Austria may consist of two single beds. Also, there may be an additional charge for extra beds or cots. Please contact the Cubaal directly to confirm the exact bed configuration before purchase if required.

Breakfast is not included unless otherwise stated. Most of the accommodations charge the breakfast.