TERMS & CONDITIONS
Capturing Cuba LLC will provide educational enrichment as outlined in its publications and on its website (www.capturingcuba.com) and has licensed qualified professional tour operators to organize and administer Capturing Cuba LLC adventures. The designated tour operator, in turn, acts only as an agent for any transportation carrier, hotel, ground operator, or other suppliers of services connected with specific Capturing Cuba adventures ("other providers"), and the other providers are solely responsible and liable for providing their respective services. The passenger tickets in use by the carriers shall constitute the sole contract between the carriers and the passenger; the carriers are not responsible for any act, omission, or event during the time participants are not aboard their conveyances.
Capturing Cuba LLC, its employees, affiliates, officers, directors, successors, representatives, assigns (for purposes of this Responsibility statement and the Terms and Conditions, collectively "Capturing Cuba") and its designated tour operator shall not be held liable for (A) any damage to, or loss of, property or injury to, or death of, persons occasioned directly or indirectly by an act or omission of any other provider, including but not limited to any defect in any aircraft, watercraft, or vehicle operated or provided by such other provider; and (B) any loss or damage due to delay, cancellation, or disruption in any manner caused by the laws, regulations, acts or failures to act, demands, orders, or interpositions of any government or any subdivision or agent thereof, or by acts of God, strikes, fire, flood, war, rebellion, terrorism, insurrection, sickness, quarantine, epidemics, theft, or any other cause(s) beyond their control. The participant waives any claim against Capturing Cuba and/or its designated tour operator for any such loss, damage, injury, or death.
By registering for a Capturing Cuba LLC adventure the participant certifies that he/she does not have any mental, physical, or other condition or disability that would create a hazard for him/herself or other participants. Capturing Cuba LLC and its designated tour operator reserve the right in their sole discretion to accept, decline to accept, or remove any participant on a Capturing Cuba LLC adventure. Capturing Cuba LLC and the tour operator reserve the right, without penalty, to make changes in the published itinerary whenever, in their judgment, conditions warrant or if they deem it necessary for the comfort, convenience, or safety of participants.
Neither Capturing Cuba LLC nor its designated tour operator, shall be liable for any air carrier's cancellation penalty incurred by the purchase of a nonrefundable ticket to or from the participant's Capturing Cuba LLC departure city. Baggage and personal effects are at all times the sole responsibility of the participant.
Basis of Rates
All prices published are based on two persons sharing a room (double occupancy). All prices and fares are quoted in U.S. dollars. The rates are based on tariffs, currency values, airfares, and third-party charges as of publication date and are subject to change up to 10% due to unforeseen circumstances and/or changes to the itinerary. While Capturing Cuba LLC will do everything possible to maintain the listed prices, if it is necessary to levy a surcharge, Capturing Cuba LLC reserves the right to do so and notification will be given at the time of final invoicing.
All participants must be over the age of 21.
Payments, Cancellations, and Refunds
To reserve space on the Classic Cuba adventure, a $1000 per-person deposit is required no later than 90 days prior to the departure date. To reserve space on the Heart of Cuba adventure, a $675 per-person deposit is required no later than 90 days prior to the departure date. Final payment for any adventure is due no later than 60 days prior to the departure date. Payments must be made by personal check, cashiers check, money order, or credit card. Credit card payments are subject to a 3.5% processing fee. Cancellations made 90 days or more prior to the departure date will receive a 100% refund on any monies paid, less the minimum required deposit. Cancellations made 61-90 days prior to the departure date will will forfeit 50% of the adventure price. Cancellations made 60 days or less than the departure date are not eligible for any refunds and therefore forfeit 100% of the adventure price. All cancellations must be provided in writing. This policy also applies to pre- and post-adventure extensions. Any revisions made within the Cancellation Penalty Period, such as a change in departure date or choice of adventure, are subject to this cancellation policy. Any airline tickets issued are subject to the carriers refund policy. Arriving late or leaving an adventure in progress, for any reason whatsoever, will not result in a refund, and no refunds will be made for any unused portions of an adventure. Capturing Cuba LLC reserves the right to cancel any adventure because of inadequate enrollment that makes the adventure economically infeasible to operate or because of good-faith concerns with respect to the safety, health, or welfare of the participants. If an adventure is canceled prior to departure, the tour operator will provide participants with a full refund of monies paid to the tour operator; except in the event that the cancellation is due to a significant event that makes it infeasible to operate the adventure as planned, in which case the tour operator will provide participants with a refund and/or credit toward a future Capturing Cuba LLC adventure equivalent to monies paid to the tour operator. If Capturing Cuba LLC cancels the adventure in progress, participants will receive a prorated refund based on the number of days not completed on the adventure. Except as outlined above when Capturing Cuba LLC cancels an adventure, Capturing Cuba, LLC and its designated tour operator has no responsibility for any expenses, including any non-refundable expenses, incurred by participants in preparing for a cancelled adventure or for any additional arrangements should participants embark prior to the scheduled group departure date.
The itineraries and staff published on the website or any printed materials are subject to modification and change by Capturing Cuba LLC. Every reasonable effort will be made to operate programs as planned, but alterations may still occur after final itineraries are sent.
All participants are required to carry a valid U.S. issued passport. The passport must be valid for a minimum of 6 months after the trip departure date. Foreign passports are allowed only in conjunction with a valid U.S. Resident Alien card (Green Card). All participants are required to carry a Cuban Visa Tourist Card which will be issued by the charter airline providing transportation to Cuba. The cost of this Visa is included in the price of your adventure. Any extra costs incurred for rerouting due to travel without the necessary documents will be the participants responsibility.
Participants must be in good physical and mental health and able to carry their own equipment while walking several hours daily without hindering the pace of the group. Any physical condition, diet, or treatment requiring special attention must be reported in writing when the reservation is made.
Medical Authorization and Coverage
In the event participant becomes sufficiently incapacitated as to be unable to direct his or her own care, there is no one on the adventure who can direct participants care, and Capturing Cuba LLC is unable or does not have time to contact participants emergency contact, the participant, by registering and paying a deposit for a Capturing Cuba LLC adventure, authorizes any medical treatment deemed necessary in the event of any injury or illness while participating in the activity including, but not limited to, X-ray, examination, anesthetic, medical or surgical diagnosis, or treatment and hospital care which is deemed advisable by, and is to be rendered under the general or specific supervision of, any physician and/or surgeon licensed in the United States, or, if in a foreign country and no physician licensed to practice in the United States is reasonably available, by a duly licensed physician deemed competent to render the necessary care. In addition, the participant certifies that they have medical insurance which will cover personal accidents, medical expenses, medical evacuation, air ambulance, loss of effects, repatriation costs and all other expenses which might arise as a result of loss, damage, injury, delay or inconvenience occurring to the participant, or that in the absence of this medical insurance coverage, the participant agrees to pay all costs of rescue and/or medical services as may be incurred on the participants behalf.
Capturing Cuba LLC and its designated adventure leaders reserve the right to take photographs or videos during the operation of any adventure or part thereof and to use the resulting photography or videos for promotional or commercial use. By making a reservation on a Capturing Cuba LLC adventure, the participant agrees to allow his/her likeness to be used by Capturing Cuba LLC without compensation to the participant. If the participant prefers that his/her likeness not be used, he/she must notify Capturing Cuba LLC in writing prior to departure of the adventure.
Copyright in all photographs, video, and related materials created by the participant (Adventure Materials) shall belong to the participant upon creation. The participant grants to Capturing Cuba LLC a non-exclusive, worldwide, irrevocable license to use any Adventure Materials provided to Capturing Cuba LLC in any media for the following limited purposes: editorial use, promotion of this editorial use, promotion of Capturing Cuba LLC travel programs, or promotion of the mission of Capturing Cuba LLC.
If the participant has a complaint, he/she should first inform the tour operator or adventure leader while on the adventure so that the tour operator or adventure leader can attempt to rectify the matter. If the participant is still dissatisfied, he/she should submit the complaint in writing to Capturing Cuba LLC within 30 days of the completion of the expedition.
Any controversy or claim arising out of or relating to this Agreement, brochures, or any other literature concerning this adventure, or the breach thereof, including without limitation any claim related to illness, injury, or death, shall be subject to the following conditions: 1) the dispute will be governed by Illinois law; 2) the parties agree that they will attempt in good faith to settle any and all disputes arising out of, under or in connection with this Agreement, including without limitation the validity, interpretation, performance and breach hereof, through a process of mediation in Illinois under the supervision of a mutually agreed upon mediator; 3) in the event that mediation fails to settle such a dispute, the parties agree that they will proceed to arbitration in Illinois using one arbitrator pursuant to the then existing rules of the American Arbitration Association; 4) the maximum amount of recovery to which a participant will be entitled under any and all circumstances will be the published cost of the participants adventure with Capturing Cuba LLC. This agreement to arbitrate does not waive or modify any liability release agreed by the participant.
Terms and Conditions are subject to change. By registering for a Capturing Cuba LLC adventure, the participant agrees to all Terms and Conditions.