Terms & Conditions
1. User’s Acknowledgment and Acceptance of Terms
Authennial, LLC d/b/a Cuba Candela, its owners, directors, officers, employees and its and their affiliates (collectively referred to as Cuba Candela, us, the Company, or we) arranges various travel-related services subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the Terms and Conditions), as well as any other written agreement between us. In addition, when using particular services or materials on this site, users shall be subject to any posted guidelines or rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms and Conditions. All such guidelines or rules are hereby incorporated by reference into these Terms and Conditions.
By completing the registration process and/or using this site, you agree to be bound by these Terms and Conditions.
2. Description of Services
We arrange various services as described on our website including, but not limited to, the organization and booking of travel arrangements to Cuba. Fees for the various services are determined after your travel needs are assessed, and may change from time to time.
3. Conditions in Cuba
Please understand that Cuba has many unique aspects and characteristics which may not appeal to you, including the living standards, practices and conditions of food preparation, utilities, services and accommodations. These aspects or characteristics may vary greatly from established practices in the United States.
Due to the nature of Cuba’s government, the ability to select vendors is limited. By participating in the tour, you understand and agree to hold harmless Cuba Candela from any and all responsibility as it relates to transportation exposures.
4. Missed Flights
We are not responsible for missed flights, flight delays, cancellations or airline schedule changes of any kind. If you miss your flight to Cuba, notify us immediately. We will do our best to accommodate you, but make no guarantees.
5. Traveler Conduct
We reserve the right to cancel services for any tour participant before or during the program if such participant’s conduct endangers or potentially disrupts the safe and comfortable progress of the tour or tour participants or third parties. In such an event, the participant may be removed from the tour at his or her own expense with no right of refund. All tour participants are expected to obey the laws and regulations of Cuba, and travelers hereby agree to pay any costs or damages that they may incur due to their behavior.
6. Payments of Deposit & Final Balance
A deposit is due at the time of booking to reserve your tour package. At the earlier of, (i) one month after your booking or (ii) 60 days prior to departure, 35% of the balance is due. The final balance payment is due 30 days prior to departure. All payments are refundable up to 30 days prior to departure. Payments are charged automatically on their corresponding due dates to the credit card on file.
7. Promotional Photography
We reserve the right to take photographs or video images during your tour for promotional purposes. Tour participants agree to allow their images to be used by us in such photographs without compensation to participant.
8. Supplemental Travel Insurance
We accept no responsibility for traveler illness, disruption or forced cancellation due to hurricanes or other inclement weather, political disruption, injury, accidents or delays of any kind prior to or during travel. We strongly recommend that you purchase trip cancellation and trip interruption insurance. These policies may refund certain costs.
9. Cuban Health Insurance
The Cuban government requires all travelers to have valid health insurance while in Cuba. Check with your current health insurance provider and airline to see if you will be covered during your trip. Flights from the United States to Cuba may include Cuban health insurance in the price of the ticket.
10. Registration Data and Privacy
In order to access some of the services on this site or speak with us about making your travel arrangements, you will be required to fill out our online registration form, which requests certain information and data (“Registration Data”). Maintaining and updating your Registration Data is required. By registering, you agree that all information provided in the Registration Data is true and accurate and that upon purchasing our services you will maintain and update this information as required in order to keep it current, complete and accurate.
11. Conduct on Site
Your use of the site is subject to all applicable laws and regulations, and you are solely responsible for the contents of your communications through the site. By posting information in or otherwise using any communications service, message board, newsgroup, or other interactive service that may be available to you on or through this site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:
(a) Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
(b) Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
(c) Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
(d) Constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
(e) Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
(f) Impersonates any person or entity, including any of our employees or representatives.
We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the site. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, message boards, newsgroups, or other interactive services that may be available on or through this site. However, we and our agents have the right at our sole discretion to remove any content that, in our judgment, does not comply with these Terms and Conditions and any other rules of user conduct for our site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content.
12. Intellectual Property Information
Copyright (c) 2015-2020 Authennial, LLC All Rights Reserved.
For purposes of these Terms and Conditions, “content” is defined as any information, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our site. This includes, but is in no way limited to, message boards and other original content.
By accepting these Terms and Conditions, you acknowledge and agree that all content presented to you on this site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is our property. You are only permitted to use the content as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this site. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in litigation.
13. Technical or Other Errors in Website
This site could include technical or other mistakes, inaccuracies or typographical errors. We may make changes to the materials and services at this site, including the prices and descriptions of any products listed herein, at any time without notice. The materials or services at this site may be out of date, and we make no commitment to update such materials or services.
14. Responsibility Clause
Cuba Candela does not own or operate any entity which is to or does provide goods or services for your trip including, for example, ownership or control over hotels or other lodging facilities, airline, vessel, bus, van, car or other transportation companies, local ground operators, providers or organizers of optional or included excursions or equipment used thereon, food service or entertainment providers, etc. All such persons and entities are independent contractors. As a result, Cuba Candela is not liable for any negligent or willful act or failure to act of any such person or entity, or of any other third party.
Without limitation, Cuba Candela is not responsible for any injury, financial or other loss or damage to person or property, death, delay or inconvenience in connection with the provision of any goods or services occasioned by or resulting from, but not limited to, acts of God, acts of government, force majeure, acts of war or civil unrest, insurrection or revolt, strikes or other labor activities, criminal or terrorist activities of any kind, or the threat thereof, overbooking or downgrading of accommodations, structural or other defective conditions in hotels or other lodging facilities, mechanical or other failure of airplanes or other means of transportation or for any failure of any transportation mechanism to arrive or depart timely or safely, dangers associated with or bites from animals, pests or insects, marine life or vegetation of any sort, dangers incident to recreational activities such as horseback riding, scuba diving, zip lining, snorkeling, paddle boarding, surfing, swimming, kayaking, sailing, canoeing, whitewater rafting, hiking, bicycling, rappelling, canyoning/canyoneering, fishing, cruising, camping, helicopter tours, 4×4 Jeep/ATV tours, sanitation problems, food poisoning, lack of access to or quality of medical care, difficulty in evacuation in case of a medical or other emergency, illness, pandemics, epidemics or the threat thereof, insolvency of or other defaults by suppliers of services, or for any other cause beyond the direct control of Cuba Candela. In addition, you release Cuba Candela from its own negligence and assume all risk thereof. Cuba Candela reserves the right to change hotels or other features of the trip’s itinerary if Cuba Candela believes it will enhance the safety, comfort or enjoyment of the trip. The provisions in this Limitation of Liability clause, as well as those in the following Assumption of Risk clause, supersede any contrary information or wording in these Terms & Conditions.
15. Assumption of Risk
Travel in Cuba may involve hazardous activities, with a risk of illness, injury or death which may be caused by forces of nature, animals, insects or flora, the negligence of Cuba Candela, or other persons and companies known or unknown, or of willful or criminal conduct of third parties. Weather conditions may be severe, adverse and/or unpleasant. Medical services or facilities may not be readily available or accessible or consistent with standards in the United States during some or all of the time during a trip and that when available may not be of the quality which exists in the United States. Participants must accept and assume full responsibility for any and all risks of illness, injury or death and of the negligence of Cuba Candela and agree to hold harmless and release Cuba Candela both from claims of third party negligence and claims concerning Cuba Candela’s own negligence.
16. Passports and Visas
You are responsible for ensuring that all necessary travel documents are valid and effective and in your possession for the entire trip. Valid passports are required for travel to Cuba. Please check with the appropriate consulate or embassy for the latest visa and entry requirements. You assume complete and full responsibility for, and hereby release the Company from any duty of, checking and verifying any and all passport, visa, vaccination, or other entry requirements of each destination, and all safety or security conditions at such destinations. While we may provide information on such matters as a courtesy to you, we are not responsible for any errors or omissions as to the information provided. The Company is not responsible for delays, changes, or cancellation costs due to incorrect, incomplete or expired traveler documents. In the event that you must cancel, delay or reschedule your trip due to expired or missing travel documentation, you are responsible for all associated costs to rectify the situation. If you are unable to join your trip, you will not be reimbursed or refunded any amounts.
17. Health and Medical Considerations
While we are sensitive to individual needs, there are limitations to what we can accommodate. If you have a physical condition, allergy, dietary restrictions, or other conditions that will require special attention during the trip, you must inform us in writing when the booking is made. We may require a medical certificate if you have a special condition. Note that we are not a medical authority. We assume no responsibility for any medical care provided to you. You agree to assume all costs of medical care and related transportation that are provided to you during the trip. You also represent that you do not have any condition, physical or mental, that would create a hazard for you or other travelers or affect other people’s enjoyment of the trip. You further represent that any Child for whom you are responsible is of suitable age and maturity so as not to create a hazard for him or herself or to be disruptive to any other participant.
18. Security and Password
You may be required to create an account through the site. You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account, including any mail sent and any charges incurred. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account in the event of any unauthorized transfer or sharing thereof.
19. Force Majeure
The Company is not responsible for acts of God, force majeure, acts of government, strikes, work shortages, actual or threatened terrorist activities, actual or threatened epidemics or pandemics or other conditions beyond our control which make the operation of the trip impossible or commercially unfeasible. In any such case, our obligation is to issue future travel credits in the amount of your payments but not cash refunds.
20. Binding Arbitration
Any dispute concerning, relating or referring to this Agreement, the brochure or any other literature concerning my trip, or the trip itself, shall be resolved exclusively by binding arbitration pursuant to the Federal Arbitration Act, 9 U.S.C. §§1-16, either according to the then existing Commercial Rules of the American Arbitration Association (AAA) or pursuant to the Comprehensive Arbitration Rules & Procedures of the Judicial Arbitration and Mediation Services, Inc. (JAMS). Such proceedings will be governed by substantive (but not procedural) Florida law and will take place in Miami, Florida The arbitrator and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this contract, including but not limited to any claim that all or any part of this contract is void or voidable. By agreeing to these terms and conditions, both parties are waiving their right to a trial by jury.
All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at email@example.com, if by email, or at Authennial, LLC, 66 W Flagler Street Suite 900, Miami, FL 33130 if by conventional mail. Email notices to the Company must be confirmed as received by the Company. Notices to you may be sent either to the email address supplied for your account or to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you.
Any notices or communication under these Terms and Conditions will be deemed delivered to the party receiving such communication (a) on the delivery date if delivered personally to the party; (b) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (c) five business days after the mailing date, if sent by US mail, return receipt requested; (d) on the delivery date if transmitted by confirmed facsimile; or (e) on the delivery date if transmitted by confirmed email.
22. Entire Agreement
These Terms and Conditions constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. They can be modified only in a written agreement signed by each party.
We may assign our rights and obligations under these Terms and Conditions. You may not, however, assign your rights hereunder.
If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
While traveling with us, you agree to abide by all local laws and obey instructions by local police and law enforcement officials.
Any failure by us to enforce or exercise any provision of these Terms and Conditions or related rights shall not constitute a waiver of that right or provision.
24. Contact Information
Except as explicitly noted on this website, the services available through this website are offered by Authennial, LLC d/b/a Cuba Candela, a Florida limited liability company, located at 66 W Flagler Street Suite 900, Miami, FL 33130. Our telephone number is (305) 930-5194.