Arrangements in respect of customers
Due to the contractual relationship between the company CUBA EXCLUSIVO S.A. - hereinafter CUBA EXCLUSIVO - for the interested party or tenant - hereinafter referred to as the tenant - and for the owner - hereinafter referred to as the landlord - the following terms and conditions apply.
CUBA EXCLUSIVO acts as an authorized representative and not itself as lessor. For this purpose, CUBA EXCLUSIVO is authorized by the landlord to make a declaration of intent with binding effect for the landlord to conclude a holiday property rental agreement with any tenant as a representative for the landlord.
In cases in which CUBA EXCLUSIVO mediates services or services of third parties - in the following referred to as interface cooperation partners - who can also be agents, by means of a technical solution (interface) via their portals, the General Terms and Conditions of the interface cooperation partners, which are made available to the tenant for viewing when booking, apply with priority and in particular. In these cases, CUBA EXCLUSIVO has no possibility to influence the information on the services offered and takes over the information completely from the interface cooperation partner. In general, CUBA EXCLUSIVO never itself, but the respective landlord or interface cooperation partner becomes the contractual partner of the tenant according to the provisions of the respective booking platform.
CUBA EXCLUSIVO provides the Lessor, the interface cooperation partner and the Lessee with the portals www.cuba-exclusivo.com and www.kuba-exklusiv.com for use, data exchange and synchronisation. There is no obligation to maintain the portals or individual components. The lessee is provided with a network of agents of CUBA EXCLUSIVO during his stay in Cuba. The agents are instructed to assist the customer in all matters related to his trip. The use of the services of the respective local agency is free of charge for the lessee.
§ 1 Procedure and conclusion of the contract
1. The renter books accommodation through CUBA EXCLUSIVO or an interface cooperation partner.
2. The conclusion of the contract is effected by the confirmation of the tenant's booking by means of a booking confirmation by CUBA EXCLUSIVO or by the interface cooperation partner by electronic means.
3. The rental contract for the selected rental object is concluded directly between the landlord and the tenant for the selected period of time, at the price indicated and with the equipment features indicated in the presentation. The assignment of the landlord to the rental object results from the CUBA EXCLUSIVO database and the registration number of the rental object.
4. Immediately after payment of the proportional rental costs according to the booking confirmation/invoice, CUBA EXCLUSIVO informs the lessee of the name, address, telephone number and e-mail address of the lessor as well as the name, address and telephone number of the responsible agency in Cuba.
§ 2 Offer prices
All prices shown in www.cuba-exclusivo.com and in the international platforms connected to CUBA EXCLUSIVO through the interfaces cooperation Partners are gross prices.
§ 3 Payment of the Rental Price
1. In case of a direct booking in www.cuba-exclusivo.com, the lessee is obliged to pay a deposit of 7 Euro per day and per apartment immediately after receiving the booking confirmation by means of the offered payment methods.
2. The remaining payment (total price minus down payment, plus additional services booked) shall be paid by the lessee to the Landlord directly upon arrival.
3. CUBA EXCLUSIVO is entitled to cancel the booking and to claim damages if the payment of the tenant is not credited after 10 working days after the booking confirmation.
4. If the lessee books the rental object in a platform connected to CUBA EXCLUSIVO via the interfaces of cooperation partners, the payment conditions of the platform concerned apply. In this case, no down payment to CUBA EXCLUSIVO is due.
§ 4 Expiration
If CUBA EXCLUSIVO is unable to receive payment from the tenant after 10 banking days, the booking expires and the rental object is released.
§ 5 Cancellation
1. The tenant may cancel free of charge up to 30 days before arrival. In case of cancellation in the 30 days prior to arrival, the tenant pays an amount equal to the first night's rent. In case of no-show the tenant pays an amount equal to the total price.
2. If the tenant cancels during the booking period, unless the cancellation is the responsibility of the landlord, the tenant has no right to a refund. In case of cancellation by the tenant during the booking period, provided that the cancellation is the responsibility of the landlord, the tenant authorizes CUBA EXCLUSIVO to find an equivalent accommodation on site. In case of cancellation by the lessee during the booking period, provided that the cancellation is the responsibility of the lessor, the lessee authorizes CUBA EXCLUSIVO to find an equivalent accommodation on site.
§ 6 Liability, warranty of defects
1. CUBA EXCLUSIVO does not assume any warranty towards the tenant, in particular for the correctness of the information provided by the landlord or interface cooperation partner, since the presentations are created automatically without control exclusively according to the information provided by the landlord or interface cooperation partner. All relevant characteristics of the rented property therefore require a detailed inquiry with the landlord or a written agreement.
2. CUBA EXCLUSIVO is only liable for damages that are based on an intentional or grossly negligent breach of duty of the contractual relationship and that are still typical damages within the scope of the foreseeable.
3 CUBA EXCLUSIVO points out that warranty claims resulting from the rental agreement must be asserted directly against the lessor or interface cooperation partner. Any notifications of defects must be made directly to the lessor or to the interface cooperation partner.
4. CUBA EXCLUSIVO is not liable for the consequences of force majeure. This includes orders by authorities, wars, civil unrest, hijacking of aircraft, terrorist attacks, fire, floods, power failures, accidents, storms, which affect the services of CUBA EXCLUSIVO, the lessor or the interface cooperation partner.
§ 7 Guest evaluations of holiday properties
1. Within the framework of a valuation system, CUBA EXCLUSIVO allows tenants who have already processed rental agreements through CUBA EXCLUSIVO to submit a valuation so that future customers can make assumptions about the quality of a rental object.
2. The tenant may only provide true information in the evaluation, whereby in particular insulting, slandering and denigrating the contractual partner is to be avoided. In order to be able to prevent obvious infringements of rights by individual evaluations or parts of individual evaluations, CUBA EXCLUSIVO reserves the right not to make publicly accessible or to delete evaluations as a whole or parts of individual evaluations.
3. It is forbidden to construct ratings by rating oneself as a landlord, by denying ratings or by inducing third parties to make a specific rating.
4. In case of constructing an evaluation, CUBA EXCLUSIVO is entitled to delete all existing evaluations of the lessor, whereas the burden of proof for the non-existence of a construction lies with the lessor.
5. The valuation does not represent an own assessment of CUBA EXCLUSIVO, but is the uncontrolled assessment of third parties.
6. CUBA EXCLUSIVO does not assume any liability for the fact that due to good evaluations from the past this also applies to future stays.
§ 8 Data protection
1. CUBA EXCLUSIVO commits itself to maintain silence about all data of the tenant that become known.
2. CUBA EXCLUSIVO reserves the right to send offers by e-mail, indicating that it is possible to object at any time, to: email@example.com . Otherwise, personal data collected by CUBA EXCLUSIVO will only be processed or used as far as this is necessary for the execution of the contract, the renter has given his consent or a legal provision orders or allows it.
3. Further information can be found on the website under data protection.
§ 9 Place of jurisdiction
1. The place of jurisdiction for merchants and legal persons is agreed upon in Hamburg.