Regulations towards customers
The following contractual conditions apply to the contractual relationship between the company CUBA EXCLUSIVO S.A. - hereinafter referred to as CUBA EXCLUSIVO - and the prospective tenant or tenant - hereinafter referred to as guest.
CUBA EXCLUSIVO acts as an authorised representative and not as the landlord itself. For this purpose, CUBA EXCLUSIVO is authorised as a representative for the landlord to make a declaration of intent with binding effect, directed towards the conclusion of a holiday home rental contract with any guest.
In cases where CUBA EXCLUSIVO mediates services or performances of third party providers - hereinafter referred to as interface cooperation partners -, which may also be intermediaries, 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 guest for viewing at the time of booking, shall apply with priority and in particular. In these cases, CUBA EXCLUSIVO has no possibility to influence the presentation of the offered services and takes over the information completely from the interface cooperation partner.
In general, it applies that CUBA EXCLUSIVO itself never becomes the contractual partner of the guest, but the respective landlord or interface cooperation partner according to the corresponding booking portal.
CUBA EXCLUSIVO provides the landlord, the interface cooperation partner and the guest with the portals www.cuba-exclusivo.com , www.kuba-exklusiv.com and www.cuba-individual-travel.com for direct bookings, for data exchange and for synchronisation. There is no obligation to maintain the portals or individual components.
During his stay in Cuba, the guest is provided with a service by agents of CUBA EXCLUSIVO. The agents are commissioned to assist the guest with all matters relating to his or her trip. The use of the services of the respective agency on site is free of charge for the guest.
§ 1 Procedure and conclusion of contract
1. The guest can book holiday accommodations of the landlords represented by CUBA EXCLUSIVO directly or via an interface cooperation partner.
2. The booking contract is effected electronically by the confirmation of the guest’s booking by the booking confirmation of CUBA EXCLUSIVO or by the interface cooperation partner.
3. The rental contract for the selected holiday accommodation is concluded directly between the landlord and the guest for the selected period of time, at the specified price and with the features specified in the presentation.
§ 2 Offered prices
All prices shown in www.cuba-exclusivo.com and in the international platforms connected to CUBA EXCLUSIVO through the cooperation partners' interfaces are gross prices, including taxes, administration costs and commissions.
§ 3 Payment
In the case of direct bookings of a holiday accommodation at www.cuba-exclusivo.com, the guest has the payment methods at his choice offered for payment.
1. In the case of a booking at www.cuba-exclusivo.com with more than 30 days between the booking date and the arrival date, 20% of the accommodation costs are due as a down payment. Payment must be made by the guest within 24 hours of booking. The final balance must be paid by the guest to CUBA EXCLUSIVO at least 14 days before arrival.
2. In case of a last minute booking at www.cuba-exclusivo.com with less than 14 days between booking and arrival date, 100 % of the accommodation costs are due and have to be paid by the guest to CUBA EXCLUSIVO within 24 hours after booking.
3. If the guest has not made the final or total payment directly in the booking process, a booked holiday accommodation remains bindingly reserved for the guest for 24 hours. If CUBA EXCLUSIVO cannot verify a payment transaction beyond this time, the booking will be automatically cancelled and the holiday accommodation will be made available to other guests for booking. In this case, the guest's claim to the holiday accommodation is forfeited.
4. If the guest books a holiday accommodation in the portal of an interface cooperation partner via its portal, the terms of payment of the respective portal shall apply. In this case, no payment is to be made to CUBA EXCLUSIVO.
§ 4 Cancellation
The guest can cancel free of charge up to 14 days prior to arrival. In case of cancellation within the 14 days prior to arrival, the guest must pay an amount of 50% of the accommodation costs, at least the cost of the first night . In the event of a no-show, the guest must pay an amount equal to the total price.
2. In case of cancellation by the guest during the stay in the holiday accommodation, the guest is not entitled to a refund unless the cancellation is in the responsibility of the landlord.
3. In case of cancellation by the guest during the booking period, provided that the cancellation is in the responsibility of the landlord, the guest authorises CUBA EXCLUSIVO to arrange equivalent accommodation on site.
§ 5 Liability, warranty for deficiencies
1. CUBA EXCLUSIVO does not assume any warranty in particular for the correctness of the information provided to the guest by the landlord or interface cooperation partner, since the descriptions are created automatically without control exclusively according to information provided by the landlord or interface cooperation partner. All properties of the rented property that are relevant to you must therefore be requested in detail from the landlord or agreed in writing.
2. CUBA EXCLUSIVO is only liable for damages which are based on an intentional or grossly negligent breach of duty of the contractual relationship and which are still within the scope of the foreseeable as typical damages.
3. CUBA EXCLUSIVO indicates that warranty claims arising from the rental contract must be asserted directly against the landlord or interface cooperation partner. Any notifications of defects must be made directly to the landlord or to the interface cooperation partner.
4. CUBA EXCLUSIVO is not liable for the consequences of force majeure. This includes directives by authorities, wars, pandemics, civil unrest, aircraft hijacking, terrorist attacks, fire, floods, power cuts, accidents, storms, by which the services of CUBA EXCLUSIVO, the landlord or the interface cooperation partner are affected.
§ 6 Guest ratings of holiday properties
1. Within the framework of a rating system, CUBA EXCLUSIVO allows the guest, who has already concluded rental contracts via CUBA EXCLUSIVO, to submit a rating so that future customers can derive assumptions about the quality of a holiday accommodation from it.
2. The guest is only allowed to make true statements in the rating, whereby in particular insults, slander and disparagement of the contractual partner are to be avoided.
2. The guest may only make true statements in the evaluation, whereby in particular insults, defamation and disparagement of the contractual partner are to be refrained from. In order to be able to prevent obvious violations of the law by individual evaluations or parts of individual evaluations, CUBA EXCLUSIVO reserves the right not to make evaluations as a whole or parts of individual evaluations publicly accessible or to delete them.
3. It is forbidden to construct evaluations by evaluating oneself as a landlord, to deny evaluations or to purposefully lead third parties to a certain evaluation.
4. In case of constructing a rating, CUBA EXCLUSIVO is entitled to delete all existing ratings of the landlord, whereby the burden of proof for the non-existence of a construction lies with the landlord.
5. The evaluation does not represent an own evaluation of CUBA EXCLUSIVO, but is the uncontrolled evaluation of third parties.
6. CUBA EXCLUSIVO assumes no liability for the fact that due to good evaluations from the past this also applies to future stays.
1. CUBA EXCLUSIVO undertakes to maintain confidentiality about all data of the guest that become known.
2 CUBA EXCLUSIVO reserves the right to send offers by e-mail, indicating the possibility of objecting at any time, to be addressed to: firstname.lastname@example.org. Otherwise, personal data collected by CUBA EXCLUSIVO will only be processed or used insofar as this is necessary for the execution of the contract, the guest has consented to this or a legal provision orders or permits this.
§ 8 Place of jurisdiction
1. The place of jurisdiction is agreed to be Hamburg for business people and legal entities.