Arrangements in respect of customers
For the contractual relationship between CUBA EXCLUSIVO S.A. - hereinafter referred to as CUBA EXCLUSIVO - and the prospective customer or real customer - hereinafter referred to as the customer - the following terms and conditions shall apply.
CUBA EXCLUSIVO acts as an authorized representative and not as a landlord. For this purpose, the landlord has authorized CUBA EXCLUSIVO to submit a declaration of intent with binding effect for the landlord aimed to the conclusion of a vacation rental agreement with any customer as representative of the landlord.
In cases where CUBA EXCLUSIVO provides services or services from third-party providers - hereinafter referred to as "Interfaces", which may also be intermediaries via a technical solution (interface) via their own portals, the general terms and conditions of the Interfaces apply , which are made available to the customer at the time of booking. In these cases, CUBA EXCLUSIVO does not have any influence on the information of the offered services and takes over the information completely from the interface cooperation partners.
In general, CUBA EXCLUSIVO not itself, but the respective landlord or interface cooperation partners become the contract partner of the customer in accordance with the further regulations.
CUBA EXCLUSIVO makes available the portals www.cuba-exclusivo.com and www.kuba-exklusiv.com to the landlord, the interface cooperation partner and the customer for use. There is no obligation to maintain portals or individual components.
The customer will be provided with a comprehensive network of CUBA EXCLUSIVO agents during his / her stay in Cuba. The agencies are responsible for assisting the customer in all matters relating to his / her travel. The use of the services of the respective agency on the spot is free of charge for the customer.
§ 1 Procedure and Conclusion of Contract
1. The customer makes a booking request to the landlord via CUBA EXCLUSIVO. If a requested accommodation is not available for the desired period, CUBA EXCLUSIVO will suggest the customer an alternative accommodation equivalent to the facilities and location requested.
2. The contract is concluded by the confirmation of the customer's booking request by confirmation of CUBA EXCLUSIVO electronically.
3. The contract for the selected vacation property is directly concluded between the landlord and the customer for the selected period, at the indicated price and with the facilities featured in the presentation. The assignment of the landlord’s holiday object is made up by the database of CUBA EXCLUSIVO as well as the registration number of the vacation property.
4. Immediately after payment of the pro rata rental costs and the one-time processing fee as per invoice, CUBA EXCLUSIVO notifies the customer of the name, address, telephone number and mail address of the landlord as well as the name, address and telephone number of the local agent.
§ 2 Offer Prices
All prices stated in the offers on www.cuba-exclusivo.com and www.kuba-exklusiv.com are considered as gross prices, including the proportional commission as defined in § 3 below.
§ 3 Agency commission / rental price
CUBA ECXLUSIVO collects from the landlord an agency commission (comision) pro rata of the total rental price of 5 EUR per day and per apartment. The agency commission is due upon the reservation confirmation by CUBA EXCLUSIVO to the customer and is to be paid by the customer in advance by transfer to CUBA EXCLUSIVO.
The remaining rental price is payable locally and is to be paid by the customer directly in cash to the landlord.
§ 4 One-time processing fee
CUBA EXCLUSIVO charges a one-time processing fee for each adult customer in the amount of 35 EURO.
Accompanying children are free of charge.
§ 5 Payment Deadlines
The proportionate costs of the total rental price (§ 3) and the one-time processing costs (§ 4) are to be paid by the customer to CUBA EXCLUSIVO within 10 banking days after booking confirmation.
§ 6 Expiration
If CUBA EXCLUSIVO does not receive the customer’s payment within 14 banking days, the reservation expires and the accommodations are released.
§ 7 Cancellation
1. The customer may cancel the rental agreement prior to arrival, but he is not entitled to a refund if the reason for the cancellation is in the risk area of the customer.
2. Typically in the risk area of the customer, there are grounds of disability such as illness, separation from the fellow traveller, unemployment, pregnancy or other reasons from the business or private life.
3. Typically not in the risk area of the customer, there are reasons such as earthquake, hurricane weather or officially issued travel warnings for the holiday area. In such cases, a full refund will be given to the customer.
4. In case of cancellation by the customer during the booking period, if the cancellation is not in the responsibility of the landlord, the customer is not entitled to a refund.
5. In case of cancellation by the customer during the booking period, if the cancellation is in the responsibility of the landlord, the customer gives CUBA EXCLUSIVO the possibility to arrange an equivalent accommodation by the local agency.
§ 8 Liability, Warranties
1. CUBA EXCLUSIVO does not warranty whatsoever, in particular for the correctness of the information provided to the customer, since the presentations are only created according to the data of the landlords or interface cooperation partners, automatically without control. Thus all the characteristics of the holiday property that are relevant to you require detailed information request from the landlord or a written agreement.
2. CUBA EXCLUSIVO is only liable for damages which are caused by an intentional or grossly negligent breach of duty of the contractual relationship and which are still typical damages within the scope of the foreseeable.
3. CUBA EXCLUSIVO points out that warranty claims arising from the lease are to be claimed directly against the landlord or interface cooperation partners. Any notification of defects must be made directly against the landlord or, as the case may be, against the interface cooperation partners.
4. CUBA EXCLUSIVO is not liable for the consequences of force majeure. These include orders from authorities, wars, internal unrest, aircraft expulsions, terrorist attacks, fire, floods, power failures, accidents, storm affecting the services of CUBA EXCLUSIVO, the landlord or the interfacing cooperation partners.
§ 9 Guest reviews of holiday objects
1. As part of an evaluation system CUBA EXCLUSIVO allows customers who have already completed leases for CUBA EXCLUSIVO, to leave a review of this settlement in a point system so that future customers can derive assumptions about the quality of a holiday object.
2. The customer is only to provide true information in the evaluation, whereas in particular insult, slander and defamation of the contract partners are prohibited. In order to prevent obvious violations by individual reviews or parts of individual reviews, CUBA EXCLUSIVO reserves the right not to publish evaluations in whole or part of individual ratings or delete them.
3. It is forbidden to construct evaluations by assessing yourself as a landlord, assessing the ratings or guiding others to a specific evaluation.
4. In the case of constructing a valuation, CUBA EXCLUSIVO is entitled to delete all existing evaluations of the user, whereby the burden of proof for the non-existence of a construction lies with the user.
5. The assessment does not constitute an opinion of CUBA EXCLUSIVO, but is the uncontrolled assessment of third parties.
6. CUBA EXCLUSIVO assumes no liability that due to good reviews from the past this also applies to future stays.
§ 10 Data Protection
1. CUBA EXCLUSIVO maintains confidentiality about all data of the customer.
2. Having at any time the possibility to contradict by sending an email to email@example.com, CUBA EXCLUSIVO reserves the right to send offers by e-mail to the customer. 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 customer has consented or a legal regulation ordered or allowed it.
§ 11 Jurisdiction
1. The place of jurisdiction is agreed to merchants and legal persons in Hamburg.